Proposal:

Issue RFP for Employee Relations Litigation and/or Negotiation Services

Synopsis:

AQMD’s three-year contract with Goldstein, Kennedy & Petito for employee relations litigation and negotiation services expires June 30, 1997. The purpose of this RFP is to solicit bids to establish a list of one or more prequalified law firms and sole practitioners to provide employee relations litigation and/or negotiation services for the next three-year period, commencing July 1, 1997. The contract award is expected to be an amount not to exceed $250,000 per year for three years.

Committee:

Administrative, February 21, 1997, Recommended for Approval

Recommended Action:

Approve the issuance of RFP #9697-39 for Employee Relations Litigation Services and/or Negotiation Services.

James M. Lents, Ph.D.
Executive Officer

Background

Since the inception of AQMD, the Governing Board has contracted with Goldstein, Kennedy & Petito to provide employee relations litigation and negotiation services. These services include representing AQMD in labor contract negotiations; advising in the administration and interpretation of Memoranda of Understanding; assisting in the preparation of AQMD’s position in mediations and fact-finding; serving as counsel to AQMD management on complex employee relations matters; and representing AQMD at employee-related administrative hearings and judicial matters. The current three-year contract with Goldstein, Kennedy & Petito expires June 30, 1997. The new contract(s) to be awarded will be for a three-year period, from July 1, 1997 to June 30, 2000. Staff has incorporated the Administrative Committee recommendation that the option to contract with separate counsel for litigation services and for negotiation services be preserved by bifurcating these matters in the RFP.

Proposal

This RFP is to establish a list of one or more prequalified law firms or sole practitioners who may subsequently be engaged to represent the AQMD in future cases, without need of going through lengthy consultant selection processes at the time that assistance is needed. Work may be allocated to one or more selected contractors based on their expertise, availability at the relevant time, location, and experience with the issue involved and the needs of the AQMD. Bidders may respond to either the employee relations litigation or negotiation components, or both.

Outreach

In accordance with the AQMD’s consulting and contracting policies, a public notice advertising the RFP and inviting bids will be 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 will be 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. Copies of the RFP will be mailed to the Black and Latino Legislative Caucuses and various minority chambers of commerce and business associations; and will be placed on the Internet at AQMD’s Web site [http://www.aqmd.gov] and on AQMD’s bidder’s 24-hour telephone message line.

Proposition 209 Compliance

It is AQMD policy to award additional points or cost benefits for minority-owned, woman-owned, and/or disabled veteran-owned business enterprises. On November 5, 1996 California voters approved Proposition 209 which prohibits discrimination or granting preferential treatment based upon race, ethnicity, color, sex or national origin in the operation of public employment, public education, or public contracting. (Proposition 209 does not address disabled veteran-owned business enterprises.) On December 16, 1996, the Federal District Court issued an order applicable to all government agencies in California prohibiting enforcement of Proposition 209. Therefore, AQMD’s existing policy remains in effect. Should the status of the law change at any point during the process of issuing an RFP or RFQ or entering into a contract pursuant to a previously issued RFP or RFQ, the AQMD will abide by the law in effect at the time the action is taken and any RFP or RFQ will be deemed modified to comply with existing law and any provisions in conflict with existing law will not be enforced.

Resource Impacts

Costs associated with employee relations litigation and/or negotiation services are expected and have been budgeted in both fiscal year and three-year budgets.

Attachment

RFP #9697-39, Employee Relations Litigation and/or Negotiation Services

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