BOARD MEETING DATE: March 5, 2010
AGENDA NO. 17

PROPOSAL:

Establish List of Prequalified Legal Counsel to Provide Legal Services regarding Finance and Related Matters

SYNOPSIS:

On November 6, 2009 the Board approved issuance of an RFP to prequalify outside legal counsel having expertise in handling finance matters, including revenue, tax, bond issues, and District funding programs. The evaluation of responding firms has been completed. This action is to establish a list of prequalified counsel to advise and represent the AQMD in finance and related matters.

COMMITTEE:

Administrative, February 12, 2010, Recommended for Approval

RECOMMENDED ACTION:

1. Approve the law firms of Quateman LLP and Stradling Yocca Carlson & Rauth as prequalified to provide legal counsel in handling finance and related matters.

2. Authorize the Executive Officer 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 $50,000 per 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

This item is to approve contracts with outside law firms providing specialized legal services for finance matters. The services provided under these contracts include advising AQMD on the administration and interpretation of various District funding programs and providing legal counsel with respect to tax and bond issues.

RFP #P2010-12 was released on November 6, 2009, to seek proposals from law firms interested in being prequalified to provide services over the next three-year period.

Proposal

This proposal is to establish a list, valid for the period February 5, 2010, through June 30, 2012, of law firms that have been prequalified to provide finance-related legal services for AQMD. The recommended list consists of the law firms of Quateman LLP and Stradling Yocca Carlson & Rauth, which were the top-ranked firms. This proposal is also to authorize the Chairman of the Board or the Executive Officer, as appropriate, to execute contracts with one or more of these firms, as needed, in an amount not to exceed $50,000 per year for Fiscal Years 2009-10, 2010-11, and 2011-12, contingent on sufficient funds being allocated in the budget for these years. In past years, we have generally not reached this amount but the amount varies from year to year.

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

Forty-eight copies of the RFP were mailed to law firms in several states. Five responsive proposals were received by 3:00 p.m. on December 8, 2009, the deadline for submittal. An evaluation panel rated proposals according to criteria described in the RFP. Attachment A lists the five firms that were deemed technically qualified to provide these services. Staff recommends the top two firms, based on technical scores, be approved as prequalified to perform finance-related legal services. The recommended firms include one firm that is a small business. Attachment A lists the firms that met the requirement for a technical score of at least 56 points.

The three-member evaluation panel consisted of three AQMD employees — District Counsel, Chief Financial Officer, and Principal Deputy District Counsel. Of these, two are Caucasian and one is Hispanic; two are male and one is female.

Resource Impacts

An amount not to exceed $50,000 for finance-related legal services was included in the three-year budget. Funds for subsequent years will be included in subsequent budget requests. 

Attachment

A. Evaluation of Proposals

ATTACHMENT A
EVALUATION OF PROPOSALS FOR RFP#P2010-12
Prequalified Legal Counsel to Provide Finance-Related Legal Services