(13)AR 021908 Manning & Marder, Kass, Ellrod, Ramirez, LLP

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ITEM #13 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF FEBRUARY 19, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BOB MILLER, CHIEF OF POLICE SUBJECT: INCREASE THE AMOUNT 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 TO AN AMOUNT NOT TO EXCEED $300,000.00 DATE: FEBRUARY 7, 2008 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 City has retained the law firm of Manning & Marder 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 & 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 & 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 & Marder, et al, has been assigned several use of force cases and is actively defending the City's interests. Such work is being done, by Manning & Marder, under a Professional Services Agreement (PSA) approved by the City Council and City Manager for the fiscal year 2007/2008. Standard practice in the City of Colton causes each PSA to start and expire with the fiscal year. Our current PSA for the amount not to exceed one -hundred thousand dollars ($100,000) began July 1, 2007 and continues through June 30, 2008. Our legal interests have exceeded that amount; therefore the Police Department is requesting to increase the current PSA, through an amendment, to an amount not to exceed three -hundred thousand dollars ($300,000). This increase may be completed without an increase to the Police Departments budget. There is salary savings within the Police Department budget that will cover this increase.