Approval is requested for the award of a one-year contract to Howard Rome Martin and Ridley, LLP, of Redwood City to provide legal services relating to liability claims.

For the past nine years, the City has contracted with the legal firm of Howard Rome Martin and Ridley, LLP (formerly Branson, Fitzgerald, and Howard), because of their experience and expertise in the handling of liability claims and suits filed against public entities. The firm specializes in the defense of suits involving law enforcement officers and dangerous conditions of public property.

During this time the law firm has provided outstanding legal services to the City, consistently obtaining excellent results at very reasonable fees. Mr. Joe Howard is the partner who typically represents the City, and his charge of $135 per hour is well within market rates.

The City Attorney was originally involved in the selection of this law firm and is aware of this contract.

The City uses the services of a select number of outside law firms based on the firms experience and expertise. The determination of which outside legal firms to use is dependent upon the type of suit filed against the City and the opposing attorney. The Howard Rome Martin and Ridley firm is used primarily to defend the City and PSO’s in difficult and complex law enforcement cases. These suits typically involve allegations of wrongful death and excessive force.

In most years the cost of the required services provided by Howard Rome Martin and Ridley has been less than $35,000 per year. This year however, the City has been involved in certain complex law enforcement cases and a trial related to an assertion of a dangerous condition.

Additional significant litigation involving law enforcement action is anticipated to begin in January 2000.

In these instances the City has been or will be represented by Howard Rome Martin and Ridley. Combined, these situations will result in 1999/2000 costs in excess of $35,000, necessitating Council award of contract.

Program 786 is adequately budgeted to cover the cost of this expense. It is anticipated that the expenses incurred during 1999/2000 will not exceed $100,000.

Agenda publication.

Staff recommends the award of this contract.

Prepared by:

Elaine Wesely
Purchasing and Finance Manager

Reviewed by:

David Nieto
Director of Human Resources

Approved by:

Robert S. LaSala
City Manager