BOARD MEETING DATE: October 7, 2005
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PROPOSAL:
SYNOPSIS:
COMMITTEE:
RECOMMENDED ACTION:
Barry R. Wallerstein, D.Env. Background On May 6, 2005, the Board approved issuance of an RFP for an amount up to $225,000 for the AQMD District 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. District Counsel and the AQMD Hearing Board will utilize different firms to avoid conflicts of interest. 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 pre-qualified lists ensures that AQMD and AQMD Hearing Board can quickly select counsel for representation as needed. Outreach In accordance with the AQMDs Procurement Policy and Procedure, a public notice advertising the RFP/RFQ and inviting bids was published in the following publications:
Additionally, potential bidders were notified by sending notification to minority bar associations including:
Notifications were also given by utilizing the Los Angeles County MTA Directory of Certified Firms, the Inland Area Opportunity Pages Ethnic/Women Business & Professional Directory; and AQMDs own electronic listing of certified minority vendors. Notice of the RFP was mailed to the Black and Latino Legislative Caucuses and various minority chambers of commerce and business associations; and placed on the Internet at AQMDs Web site (http://www.aqmd.gov where it can be viewed by making menu selections "Inside AQMD"/"Employment and Business Opportunities"/"Business Opportunities" or by going directly to http://www.aqmd.gov/rfp/index.html). Information is also available on AQMDs bidders 24-hour telephone message line (909) 396-2724. Evaluation Bid responses for the Environmental Law RFP were received from six law firms or sole practitioners. A summary of the responses is provided in Attachment A. Two proposals were not responsive to the RFP, and therefore were not rated. Two evaluation panels were convened, one to evaluate proposals for the District Counsel and one to evaluate the proposals for the Hearing Board. The District Counsel panel consisted of an AQMD District Counsel, one Principal Deputy District Counsel. one Senior Deputy District Counsel, and one Bay Area AQMD attorney; one African-American and three Caucasian; two female and two male. The Hearing Board panel consisted of two AQMD Hearing Board members and one Bay Area AQMD Hearing Board member; three Caucasian; one female and two male Proposal Establish two lists, one for the AQMD and one for the AQMD Hearing Board, valid from January 1, 2006 through December 31, 2009, of pre-qualified outside counsel for advice and representation in areas related to environmental law, governmental law, and constitutional issues. The following also indicates the average score for the firms. For the AQMD list:
For the AQMD Hearing Board list:
Resource Impacts The recommended total annual budget for environmental outside counsel is $225,000 for District Counsel, $15,000 for the AQMD Hearing Board, 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 may also be made for occasional assignments in subject areas of the firms' expertise that do not involve litigation. Attachment (DOC* 39kb) Summary of Responses to RFP #2002-31 / / / |