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ITEM #16 <br />CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF JUNE 19, 2007 <br />TO: HONORABLE MAYOR AND CITY COUNCIL <br />FROM: BOB MILLER, CHIEF OF POLICE <br />SUBJECT: INCREASE THE AMOUNT OF CONTRACT WITH MANNING & <br />MARDER, KASS, ELLROD, RAMIREZ, LLP FOR LEGAL <br />REPRESENTATION FOR SPECIALIZED LITIGATION CASES <br />INVOLVING USE OF FORCE ISSUES FILED AGAINST THE CITY OF <br />COLTON AND COLTON POLICE DEPARTMENT TO AN AMOUNT N( <br />TO EXCEED $80,000.00 <br />DATE: June 14, 2007 <br />BACKGROUND: <br />Sworn Police Officers have to make decisions every day in the performance of their official duties, <br />many of which include the decision to utilize various "force options" as prescribed by law. These <br />decisions are often done in an extremely dynamic environment. While investigative findings may <br />clear the personnel and city of any wrongdoing, a litigious environment exists where lawsuits are <br />filed regardless. As a result, the City has retained the law firm of Manning and Marder to defend <br />the City against such claims. <br />DISCUSSION / ANALYSIS: <br />In November 2006, the Police Department presented a request to City Council to increase the <br />Manning and Marder contract amount to $50,000 based on an estimate of cases pending at that <br />time. The actions of the pending cases assigned to Manning and Marder have accelerated to a <br />rate exceeding our November estimates. Due to this increased rate of legal activity, the Police <br />Department is requesting an increase of $30,000 to cover anticipated costs through the '06-'07 <br />fiscal year. The Police Department currently has the necessary funds available in the Professional <br />Services account and therefore, no budget adjustment is required. <br />FINANCIAL IMPACT: <br />The contract amount at this time is estimated not to exceed $80,000.00 and is budgeted in account <br /># 100-6070-6071-2350. No additional budget is required at this time. <br />CONFLICT OF INTEREST: None <br />Exact Business Name: MANNING & MARDER, KASS, ELLROD, RAMIREZ, LLP <br />President of Equal: STEVEN MANNING <br />Contact or Representative: EUGENE RAMIREZ <br />Business Address: 15TH FLOOR AT 801 TOWER <br />