BOARD MEETING DATE: June 5, 2009
AGENDA NO. 16

PROPOSAL:

Establish List of Pre-qualified Legal Counsel to Provide Employee and Labor Relations Legal Services

SYNOPSIS:

On March 6, 2009, the Board approved issuance of an RFP to pre-qualify outside legal counsel having expertise in handling employee and labor relations matters. The evaluation of responding firms has been completed. This action is to establish a list of pre-qualified counsel to advise and represent the AQMD in employee and labor relations matters.

COMMITTEE:

Administrative, May 8, 2009, Recommended for Approval

RECOMMENDED ACTION:

1. Approve the law firms of Kessel & Associates, Wiley Price & Radulovich, and Liebert Cassidy Whitmore as pre-qualified to provide employee and labor relations services through June 30, 2012.
2. Authorize the Chairman to execute one-year contracts—with the option of two one-year extensions—with one or more of these firms, as needs arise, in a total amount not to exceed $150,000 per fiscal year for Fiscal Years 2009-10, 2010-11, and 2011-12, contingent on sufficient funds being allocated in the budget for these years.
    

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Current contracts with the law firms of Wiley Price & Radulovich and The Sillas Law Firm for employee and labor relations legal services expire June 30, 2009. The services provided under these contracts include serving as legal counsel in employee litigation matters; advising AQMD on the administration and interpretation of memoranda of understanding with employee bargaining units; and providing legal counsel with respect to labor-management committee meetings, meet-and-confer sessions, and grievance and administrative hearings.

RFP #P2009-13 was released on March 6, 2009, to seek proposals from law firms interested in being pre-qualified to provide services over the next three-year period.
 

Proposal

This proposal is to establish a list, valid for the period July 1, 2009, through June 30, 2012, of law firms that have been pre-qualified to provide employee and labor relations legal services for AQMD. The recommended list consists of the law firms of Kessel & Associates, Wiley Price & Radulovich, and Liebert Cassidy Whitmore, which were the top-ranked firms. This proposal is also to authorize the Board Chairman to execute contracts with one or more of these firms, as needed, in a combined amount not to exceed $150,000 per fiscal year over the three-year term of the list. For the current fiscal year, $53,800 has been expended for outside legal counsel in labor and employment matters.

Selection of a law firm for particular legal matters will be based on the individual firm’s specific experience and expertise, as identified in its proposal, and on prior relevant experience, the needs of the particular project, and the firm’s availability.
 

Outreach

In accordance with AQMD’s Procurement Policy and Procedure, a public notice advertising the RFP/RFQ and inviting bids was published in the Los Angeles Times, the Orange County Register, the San Bernardino Sun, and Riverside County Press Enterprise newspapers to leverage the most cost-effective method of outreach to the entire South Coast Basin.

Additionally, potential bidders may have been notified utilizing AQMD’s own electronic listing of certified minority vendors. Notice of the RFP/RFQ has been mailed to the Black and Latino Legislative Caucuses and various minority chambers of commerce and business associations, the State of California Contracts Register website, and placed on the Internet at AQMD’s Web site (http://www.aqmd.gov). Information was also available on AQMD’s bidder’s 24-hour telephone message line (909) 396-2724.
 

Bid Evaluation

One hundred fifty copies of the RFP were mailed to law firms in California. Twenty-two responsive proposals were received by 3:00 p.m. on April 7, 2009, the deadline for submittal. An evaluation panel rated proposals according to criteria described in the RFP. Attachment A lists the six firms that were deemed technically qualified to provide these services. Staff recommends the top three firms, based on technical scores, be approved as pre-qualified to perform employee and labor relations legal services. The recommended firms include one firm that is a small business and a woman-owned business. Attachment A lists the six firms that met the requirement for a technical score of at least 56 points.

The three-member evaluation panel consisted of three AQMD employees — Principal Deputy District Counsel, Assistant DEO of Human Resources and a Human Resources Manager. Of these, two are Caucasian and one is Hispanic; one female, two male.
 

Resource Impacts

An amount not to exceed $150,000 per fiscal year for employee relations litigation and negotiation services was included in the three-year budget, and a maximum of $150,000 has been included in the proposed FY 2009-10 Budget. Funds for subsequent years will be included in subsequent budget requests.
 

Attachment (DOC, ~33k)

A. Evaluation of Proposals