(10)AR 080707 Manning & Marder, Kass, Ellrod, Ramirez, LLP

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ITEM #10 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF August 7, 2007 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BOB MILLER, CHIEF OF POLICE SUBJECT: APPROVAL OF CONTRACT WITH MANNING & MARDER, KASS, ELLROD, RAMIREZ, LLP FOR LEGAL REPRESENTATION FOR SPECIALIZED LITIGATION CASES INVOLVING USE OF FORCE ISSUES FILED AGAINST THE CITY OF COLTON AND COLTON POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $100,000.00 DATE: August 2, 2007 BACKGROUND: Sworn Police Officers have to make decisions every day in the performance of their official duties, many of which include the decision to utilize various "force options" as prescribed by law. These decisions are often done in an extremely dynamic environment. While investigative findings may clear the personnel and city of any wrongdoing, a litigious environment exists where lawsuits are filed regardless. As a result, the actions of the City will be scrutinized by persons who may be uneducated in issues regarding use of force by police personnel. Because the financial liability in use of force lawsuits is so significant, it is paramount to utilize a professional, licensed, and certified law firm that is exceptionally experienced in such cases to defend the City against such claims. DISCUSSION / ANALYSIS: With the number of licensed and practicing attorneys in the thousands, including specialists in defending civil liability lawsuits regarding police use of force incidents, Manning and Marder, et al, have a level of expertise and experience that is well above the others. Their ability to stay abreast of the latest decisions concerning use of force related lawsuits, as well as their ability to work with city attorneys, investigators, and police personnel means that every practical means to minimize financial liability to the city and affected personnel will be used. Manning and Marder, et al, will diligently and aggressively defend the City's interests from the onset, and will protect privacy and law enforcement concerns throughout each case. Currently, Manning and Marder, et al, has been assigned several use of force cases and is actively defending the City's interests. Such work has been done, by Manning and Marder, under a Professional Services Agreement (PSA) approved by the City Council and City Manager in the previous fiscal year. Standard practice in the City of Colton causes each PSA to start and expire with the fiscal year. Our previous PSA terminated as of June 30, 2007 and this PSA will take over from that date, and continue the agreement through June 30, 2008. Although the amount requested would normally trigger the formal bidding process, the City's purchasing and bidding regulations provide an exception for these types of circumstances. Colton Municipal Code section 3.08.140(e) allows the City Manager to dispense with public bidding for non-public projects when it