DATE: November 17, 2026
TO: Board of Supervisors
SUBMITTED BY: Douglas T. Sloan, County Counsel
Hollis Magill, Director of Human Resources
SUBJECT: Legal Services Agreement for Municipal Litigation and Advisory Matters
RECOMMENDED ACTION(S):
TITLE
1. Under Administrative Policy No. 34, for competitive bids or requests for proposals (AP 34), determine that an exception to the competitive bidding requirement under AP 34 is satisfied and a suspension of competition is warranted to obtain the services of special legal counsel to assist the County, and that the best interests of the County would be served by entering into an Agreement with Manning Kass LLP; and
2. Approve and authorize the Chairman to execute an Agreement with Manning Kass LLP, to act as Outside Counsel for Municipal Litigation and Advisory Matters to the County, effective upon execution not to exceed five consecutive years, total not to exceed $7,500,000.
REPORT
There is no increase in Net County Cost associated with the recommended actions. Approval of the recommended actions would suspend the competitive bidding process and allow the County Counsel to utilize legal services provided by Manning Kass LLP (Mannin Kass) pertaining to Municipal Litigation and Advisory matters. This item is countywide.
ALTERNATIVE ACTION(S):
Your Board could choose not to approve the recommended Agreement with Manning Kass, in which case the County would need to find alternative representation for the matters currently being handled by the firm.
SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT:
Under AP 34, competitive bidding is not required to engage specialized legal counsel. That is because the policy deems a contract to obtain the services of special legal counsel to assist the County a circumstance that constitutes a suspension of competition.
FISCAL IMPACT:
There is no additional Net County Cost associated with the recommended actions. Sufficient appropriations and estimated revenues are included in the Interest and Miscellaneous Expenditures Org 2540 and Risk Management Org 8925 FY 2026-27 Adopted Budgets and will be included in subsequent Recommended Budget requests for the duration of the Agreement term. The costs associated with the attorney services are part of the Risk Management Internal Service Fund (ISF), Org 8925, General Liability and Medical Malpractice rates, which are determined actuarily.
DISCUSSION:
On December 9, 2025, your Board approved Agreement No. A-25-632 with Manning Kass (existing agreement) to provide specialized legal services effective upon execution with a three-year base and two option one-year extensions and a total maximum compensation not to exceed $7,500,000.
Manning Kass currently represents the County on a number of matters, including various general liability matters, and Hall, et al. v. County of Fresno, related to the consent decree and remedial plan for health care and security for persons incarcerated in the jail. The existing agreement with Manning Kass is limited to the handling of general liability, auto liability, Employment Practices Liability, and medical malpractice cases covered under the County’s general liability and medical malpractice programs (it does not, for instance, cover representation in the Hall matter referenced above). County Counsel now wishes to increase the scope of the contract to be more generally applicable, and to capture a wider range of matters. The recommended Agreement will supersede the existing agreement.
REFERENCE MATERIAL
BAI #61, December 9, 2025
ATTACHMENTS INCLUDED AND/OR ON FILE:
Suspension of Competition Acquisition Request
On file with Clerk - Agreement with Manning Kass
CAO ANALYST
Amy Ryals