Proposal:

Establish Lists of Pre-Qualified Counsel to Represent AQMD in Possible Future Litigation and General Public Law Issues

Synopsis:

Two RFPs have been released: one to pre-qualify outside counsel having expertise in CEQA and air quality law for possible future litigation and one to pre-qualify outside litigation counsel having expertise in general public law. Occasionally, the AQMD requires the assistance of outside counsel having expertise in CEQA, air quality and administrative law, representation of government agencies, general public law, constitutional issues and complex environmental litigation. This action is to establish lists of pre-qualified counsel to provide possible future litigation services and public law representation.

Committee:

Administrative, September 20, 1996, Recommended for Approval

Recommended Action:

1. Approve the firms of (a) Shute, Mihaly & Weinberger, (b) Ochoa & Sillas and Aguirre & Associates, a Joint Venture, and (c) Katherine Stone as pre-qualified law firms having expertise in CEQA and air quality litigation that General Counsel may use to represent the AQMD in possible future litigation and for advice.

2. Approve the firms of (a) Barbosa, Garcia & Barnes, (b) Beltrán, Leal & Medina, and (c) Ivie, McNeill & Wyatt as pre-qualified general public law firms that General Counsel may use to represent the AQMD on possible future general law issues and for advice.

3. Authorize the Chairman of the Board or the Executive Officer, depending on whether the amount exceeds $50,000 to execute contracts with any or all of the above firms as the need arises for a total not to exceed $120,000 annually for up to three years. [ Funding for future years will be contingent on Board approval of budget requests.]

James M. Lents, Ph. D.
Executive Officer

Background

On April 12, 1996, the Board approved issuance of an RFP for an amount up to $120,000to solicit proposals from outside litigation counsel having particular expertise and experience in CEQA and air quality litigation. On July 26, 1996, a second RFP for an amount up to $50,000 was issued to solicit proposals for outside litigation counsel having particular expertise in general public law. The purpose of these RFPs was to establish lists of pre-qualified outside counsel for assistance in these highly specialized areas of law. In the past the AQMD has faced, and likely will face in the future, litigation requiring such specialized expertise. A rapid response is needed when a lawsuit is served and it is not possible to go through the RFP process as new cases arise. Establishing a pre-qualified list ensures that AQMD can quickly select counsel to represent it as needed. It is not presently known how much work, if any, will be awarded pursuant to these RFPs.

In accordance with the AQMD’s Contracting and Purchasing Policy, a separate Public Notice inviting bids for both RFPs was published in the Los Angeles Times, Orange County Register, San Bernardino Sun, Riverside Press Enterprise, La Opinion, Los Angeles Sentinel, Eastern Group Publications, Inland Valley Daily Bulletin (San Bernardino area), La Voz, Rafu Shimpo, Precinct Reporter, the Black Voice News, Chinese Daily News, Korea Central Daily, El Chicano, The Excelsior, Philippine News, M/W/DVBE Source, AQMD Hotline and the Contracts Register. Copies of the RFP were mailed to the Latino and Black Legislative Caucuses, and various minority chambers of commerce and business associations. In addition, public service announcements were sent to local media.

The RFPs were mailed to all firms and sole practitioners to whom we mailed the AQMD’s RFP for outside counsel three years ago, to firms that have expressed interest in working for the AQMD, all women and minority Bar Associations located in the District and to all certified women and minority law firms on a list established by the Metropolitan Transit Authority and a list established by the County of Los Angeles.

A number of highly qualified firms responded to the April 12, 1996 RFP, however, many did not have the required expertise in the specialized areas of air quality and CEQA litigation. Bid responses for the April 12, 1996, RFP were received from 12 law firms or sole practitioners. Of the 12 firms or practitioners responding to the RFP, four were certified MBEs, three were certified WBEs, and one had a subcontractor with a certified MBE. Three firms met the specific technical evaluation criteria, nine did not. A summary of the responses is provided in Attachment A. The evaluation panel consisted of three AQMD employees (two attorneys and one investigator), two women and one man; one African American, one Hispanic and one Caucasian.

Bid responses for the July 26, 1996, RFP were received from 15 law firms or sole practitioners. Of these, eight were certified MBEs, and two were certified WBEs. Seven firms met the technical criteria, eight firms did not. Of the eight firms that did not meet the technical criteria, six firms failed to comply with either the Contracting and Purchasing MBE/WBE/DVBE policy or other required qualifications and two did not receive sufficient points. A summary of the responses is provided in Attachment B. The evaluation panel consisted of three AQMD employees (two attorneys and one investigator), two women and one man; one African American, one Hispanic and one Caucasian.

Proposal

Establish a list valid through June 30, 1999 of pre-qualified litigation counsel having expertise in CEQA and air quality litigation consisting of the three top scoring firms:

Score

1. Shute, Mihaly & Weinberger, has a certified MBE subcontractor 86.8

2. Ochoa & Sillas and Aguirre & Associates, a Joint Venture, certified MBE 86.3

3. Katherine Stone, certified WBE 82.7

Establish a list valid through September 10, 1999 of pre-qualified counsel having expertise in general public law consisting of the two top scoring firms:

Score

1. Barbosa, Garcia & Barnes, certified MBE 95

2. Beltrán, Leal & Medina, certified MBE 92.83

3. Ivie, McNeill & Wyatt, certified MBE 97.33

Resource Impacts

The total budget for outside litigation counsel is $120,000, 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 as determined by General Counsel. 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 matters of the firm’s expertise that does not involve litigation. Sufficient funds are available in the FY 1996-97 budget.

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