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PROPOSAL:

Establish Lists of Pre-qualified Counsel to (1) Represent the AQMD in Environmental Law Litigation; (2) Represent and Advise the AQMD Hearing Board; and (3) Represent the AQMD in Tort Liability Litigation

SYNOPSIS: 

On June 11, 1999, the Board approved issuance of an RFP to pre-qualify outside counsel having expertise in the California Environmental Quality Act, AQMD rulemaking and planning procedures, administrative law and related issues for both the AQMD and the AQMD Hearing Board. The RFP was issued jointly to limit costs. Also, an RFP was issued under the Executive Officer's Authority to pre-qualify counsel in personal injury and tort liability litigation. The evaluation of responding firms has been completed. This action is to establish three lists of pre-qualified counsel; one to represent the AQMD, one to represent the AQMD Hearing Board in environmental areas, and one to represent the AQMD in tort liability litigation.

COMMITTEE:

Administrative, September 17, 1999. Less than a quorum was present during the discussion of this item. Those Committee Members who were present communicated their concurrence.

RECOMMENDED ACTION:

1. Approve the firms (a) Shute, Mihaly & Weinberger and (b) Best, Best & Krieger as pre-qualified law firms having expertise in the California Environmental Quality Act, AQMD rulemaking and planning procedures, issues relating to statute and rule interpretation, air quality laws, administrative law, representation of government agencies, constitutional issues, the Brown Act, and complex environmental litigation, that General Counsel may use to represent the AQMD in possible future litigation and for advice.

2. Authorize the Chairman of the Board or the Executive Officer, depending on whether the amount exceeds $50,000, to execute contracts with either or both of the above firms as the need arises for a total not to exceed $160,000 annually for up to three years. [ Funding for future years will be contingent on Board approval of budget requests.]

3. Approve the firms (a) Strumwasser & Woocher and (b) Myers, Widders, Gibson & Long as pre-qualified law firms having expertise in the above-referenced areas to provide representation and advice as required by the AQMD Hearing Board.

4. Authorize the Executive Officer to execute contracts with either or both of the above firms as the need arises for a total not to exceed $15,000 annually for up to three years.*

5. Approve the firms (a) Dunbar & Associates; and (b) Jackson & Lewis as pre-qualified law firms having expertise in personal injury and tort litigation that General Counsel may need to represent the AQMD in possible future litigation and advice.

6. Authorize the Executive Officer to execute contracts with either or both of the above firms as the need arises for a total not to exceed $50,000 annually for up to three years. *

Barry R. Wallerstein, D.Env.
Executive Officer

Background

On June 11, 1999, the Governing Board approved issuance of an RFP for an amount up to $160,000 for the AQMD General Counsel and $15,000 for the AQMD Hearing Board to solicit proposals from outside litigation counsel having particular expertise and experience in the California Environmental Quality Act, AQMD rulemaking and planning procedures, issues relating to statute and rule interpretation, air quality laws, administrative law, representation of government agencies, constitutional issues, the Brown Act, and complex environmental litigation. The RFP was issued jointly to limit costs. General Counsel and the AQMD Hearing Board will utilize different firms to avoid conflicts of interest. In addition, an RFP was issued under the Executive Officer's authority to pre-qualify outside counsel in the areas of general liability, personal injury and tort liability matters. Selection of pre-qualified firms has been completed and it now appears there may be need for such counsel in an amount of up to $50,000 per year. While Board Policy allows the Executive Officer to approve contracts in such amounts, it was felt desirable to inform the Board of the scope of legal services being retained. In the past the AQMD and the AQMD Hearing Board have faced, and likely will face in the future, litigation and other matters requiring such specialized expertise. A rapid response is needed in such situations and it is not possible to go through the RFP process as new cases arise. Establishing a pre-qualified list ensures that AQMD and AQMD Hearing Board can quickly select counsel for representation as needed.

In accordance with the AQMD’s Contracting and Purchasing Policy, a separate Public Notice inviting bids for each of the RFPs was published in the Los Angeles Times; Los Angeles Sentinel; Los Angeles Daily News; Eastern Group Publications; La Voz; Orange County Register; The Excelsior; San Bernardino Sun; Precinct Reporter; El Chicano; Inland Valley Daily Bulletin; Inland Empire Hispanic News; Riverside Press-Enterprise; The Black Voice News; La Opinion; Rafu Shimpo; Chinese Daily News; Korea Central Daily; Philippine News; The M/W/DVBE Source; Palm Springs Desert Sun; Antelope Valley Press; Santa Clarita Signal; and the California State Contracts Register.

Additionally, potential bidders were identified and notices of the RFP were mailed to the African-American and Latino Legislative Caucuses and interested minority contractors/professional associations and vendors listed in Los Angeles County’s Directory of Certified Minority, Women, Disadvantaged and Disabled Veterans Business Enterprises; the Directory of Certified Firms published by the Los Angeles County Metropolitan Transportation Authority; The Inland Area Opportunity Pages Ethnic/Women Business & Professional Directory; the Caltrans electronic bulletin board listing of Disadvantaged and Women Business Enterprises; the AQMD’s own electronic listing of certified minority vendors; and the Purchasing mailing list. Further, the RFP was placed on the AQMD’s Internet web-page [http://www.aqmd.gov, "Business and Job Opportunities" icon] and bidder’s 24-hour telephone message line (909)396-2724.

Bid responses for the Environmental Law RFP were received from eight law firms or sole practitioners. A summary of the responses is provided in Attachment A. The evaluation panel consisted of two AQMD General Counsel attorneys, the AQMD Hearing Board attorney member and one Santa Barbara Deputy County Counsel who represents the Santa Barbara APCD (four attorneys; two women and two men; one African-American and three Caucasians).

Bid responses for the General Liability RFP were received from six law firms or sole practitioners. One of the winning respondents is a minority-owned firm. A summary of the responses is provided in Attachment A. The evaluation panel consisted of three AQMD employees (two attorneys and one risk management analyst; two men and one woman; two Caucasians and one African-American.)

Proposal

Establish two lists, one for the AQMD and one for the AQMD Hearing Board, valid through October 8, 2002, of pre-qualified outside counsel having expertise in the California Environmental Quality Act, AQMD rulemaking and planning procedures, issues relating to statute and rule interpretation, air quality laws, administrative law, representation of government agencies, constitutional issues, the Brown Act, and complex environmental litigation, consisting of the four top-scoring firms to be divided as follows: [ The AQMD and the AQMD Hearing Board must utilize different firms to avoid potential conflicts of interest. The committee recommends this division of firms as meeting the needs of the AQMD and the AQMD Hearing Board.]

 

For the AQMD:
	Shute, Mihaly & Weinberger	102.75
	Best, Best & Krieger	88.50
For the AQMD Hearing Board:
	Strumwasser & Woocher	89.25
	Myers, Widders, Gibson & Long	86.50

Also, establish a list, valid through October 8, 2002, of pre-qualified outside counsel having expertise in general liability matters, including personal injury and tort liability, consisting of the two top scoring firms:

 

General Liability:
	Dunbar & Associates	82.5
	Jackson & Lewis	71.4

Resource Impacts

The recommended total annual budget for environmental outside counsel is $160,000 for General Counsel, $15,000 for the AQMD Hearing Board, and $50,000 for general liability counsel, all of which may be allocated to one or more selected contractors as the need arises based on future litigation, the availability of counsel, and the needs of the AQMD and AQMD Hearing Board. Selection for each case will be based on the particular expertise of each firm, the type of litigation, prior experience of the firm, and resource demands of the litigation. Selection may also be made for occasional assignments in subject areas of the firms' expertise that do not involve litigation. Sufficient funds are available in the FY 1999-2000 budget.

Attachments

List of Bidders

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