(12)AR 040307 Liebert Cassidy Whitmore

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ITEM #12 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF April 3, 2007 TO: Honorable Mayor and City Council FROM: Lt. Bill Burrows — Colton Police Department SUBJECT: Approval of Professional Services Agreement with Liebert Cassidy Whitmore for Special Counsel Legal Services Regarding Police Employment Relations Matters DATE: March 28, 2007 BACKGROUND: In April 2004, through the initiation of the Police Chief, the City entered into a professional services agreement with the law firm of Liebert Cassidy Whitmore ("LCW") for special legal services regarding police employment relations matters. The not -to -exceed amount of the agreement was $25,000, which was within the City Manager's signature authority, in accordance with the City's bidding, contracting and purchasing regulations. In August 2006, again through the Police Chief's direction, the City continued its contractual relationship with LCW and entered into another agreement for special counsel legal services. However, the total amount owed under the second agreement with LCW now exceeds $25,000 and requires City Council approval. DISCUSSION/ANALYSIS: The amount owed to LCW for its legal services regarding police employment matters is slightly more than $28,000, which exceeds the City Manager's signature authority. Normally a contract for services over $25,000 would be awarded using the informal bid procedure in accordance with the City's bidding, contracting and purchasing regulations. However, in certain circumstances, the City may dispense with public bidding for non-public projects. Specifically, Colton Municipal Code section 3.08.140 allows the City to dispense with public bidding on non- public projects when it is in the best interest of the City and its administrative operations. In this instance, it was unknown when the previous agreement was executed that the total amount for LCW's services would exceed the $25,000 maximum of the City Manager's signature authority. Since the cases currently being handled by LCW are still active, it appears to be in the best interest of the City and its administrative operations to dispense with public bidding and continue utilizing LCW's legal services for the cases it is currently handling for the Police Department. The amount owed to LCW, as of February 28, 2007, is $28,881.41. In addition, LCW will be submitting further invoices to the City for its legal services regarding the active matters they are currently handling. LCW estimates that they will bill an additional $10,000 for their legal