Proposal:

Establish List of Prequalified Counsel to Represent AQMD in Possible Future Worker’s Compensation Matters and Related Litigation

Synopsis:

On January 10, 1997, the Board approved issuance of an RFP to prequalify outside counsel having expertise in worker’s compensation matters. The evaluation of responding firms has been completed. This action is to establish a list of prequalified counsel to provide possible future AQMD representation in worker’s compensation matters.

Committee:

Administrative, March 21, 1997, Recommended for Approval.

Recommended Action:

1. Approve the firms (a) Sosa, Perez & Associates, (b) The Law Offices of Paul J. Salcedo, (c) Ochoa & Sillas, (d) Samuelsen, Gonzalez, Valenzuela & Sorkow, and (e) Cohen & Gannam as prequalified law firms having expertise in worker’s compensation matters that General Counsel may use to represent the AQMD in possible future litigation and for advice.

2. Authorize the Executive Officer to execute contracts with any or all of the above firms as the need arises for a total not to exceed $70,000 annually for up to three years (with future years contingent upon Budget approval).

James M. Lents, Ph.D.
Executive Officer

Background

On January 10, 1997, the Governing Board approved issuance of an RFP for up to $70,000 annually from outside litigation counsel having particular expertise and experience in worker’s compensation matters to establish a list of prequalified outside counsel for assistance in this highly specialized area 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 there is insufficient time to go through the RFP process as new cases arise. Establishing a list of prequalified counsel 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 this RFP.

Outreach

In accordance with the AQMD’s consulting and contracting policies, a public notice advertising the RFP and inviting bids was published in the following publications: The Black Voice News, Chinese Daily News, Eastern Group Publications, El Chicano, The Excelsior, Inland Empire Hispanic News, Inland Valley Daily Bulletin, Korea Central Daily, La Opinion, La Voz, Los Angeles Sentinel, Los Angeles Times, M/W/DVBE Source, Orange County Register, Philippine News, Precinct Reporter, Rafu Shimpo, Riverside Press Enterprise, the San Bernardino Sun, and the State of California Contracts Register. Additionally, potential bidders were identified through 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 AQMD Purchasing’s mailing list. The RFP was mailed to the Black and Latino Legislative Caucuses and various minority chambers of commerce and business associations; and was placed on the Internet at AQMD’s Web site [http://www.aqmd.gov] and on AQMD’s bidder’s 24-hour telephone message line.

Bid Evaluation

Responses were received from 12 law firms or sole practitioners, of which five were certified MBEs. Seven met the specific technical evaluation criteria. The evaluation panel consisted of three AQMD employees (two attorneys and one worker’s compensation and safety analyst; two women and one man; two African-Americans and one Caucasian). The responses are summarized as follows:

BIDDER	Certified M/W/ DVBE	LOCAL FIRM	BID AMOUNT per hour	TOTAL POINTS	OVERALL RANK
Sosa, Perez & Associates	Yes	Yes	$ 90.00	95.5	1
Law Offices of Paul J. Salcedo	Yes	Yes	$ 95.00	93.5	2
Ochoa & Sillas	Yes	Yes	$100.00	90.5	3
Samuelsen, Gonzalez, Valenzuela & Sorkow	Yes	Yes	$ 95.00	89.6
Cohen & Gannam		Yes	$100.00	87.6
Altman & Shoemaker		Yes	$110.00	69.4
Shan K. Thever & Associates	Yes	Yes	$125.00	60.5
Law Offices of Camilo A. Becerra		Yes		*
Dennis Camene, Esq.		Yes		Late
Law Offices of Steven C. Hertz		Yes		Late
Law Offices of Larry S. Kaplan		Yes		*
Law Offices of Ronald S. Winters		Yes		*

*No certification

Proposal

Establish a list valid through June 30, 2000 of prequalified outside counsel having expertise in worker’s compensation consisting of the five top-scoring firms:

1. Sosa, Perez & Associates95.5
2. The Law Offices of Paul J. Salcedo93.5
3. Ochoa & Sillas90.5
4. Samuelsen, Gonzalez, Valenzuela & Sorkow89.6
5. Cohen & Gannam87.6
On or more contractors will be selected 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 non-litigation assignments in subject matters of the firm’s expertise.

Resource Impacts

Sufficient funds are available in the FY 1996-97 budget.

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