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Execute Contracts for Employee Relations Litigation and Negotiation Services

SYNOPSIS:

The RFP for Employee Relations Litigation and/or Negotiation Services was released on January 21, 2000. The evaluation of fifteen proposals has been completed and the evaluation panel recommended that contracts be awarded to four firms: Best, Best & Krieger; Gutierrez, Preciado & House; Woodruff, Spradlin & Smart; and, Atkinson, Andelson, Loya, Rudd & Romo. The total amount of the four contracts shall not exceed $150,000 per year for each of the next three years, and funding has been included in the FY 2000-01 Budget. Funding in the second and third years is subject to Board approval of future year budgets.

COMMITTEE:

Administrative, May 12, 2000, Recommended for Approval

RECOMMENDED ACTION:

1. Authorize the Chairman of the Board to execute a contract with Best, Best & Krieger to perform employee relations litigation advice and negotiation services from July 1, 2000, through June 30, 2003. For each year, the initial amount of the contract shall not exceed $50,000. Second and third year awards are subject to Board approval of future year budgets. The Executive Officer may increase the contract by up to an additional $50,000 per year, subject to budgeted totals.
   
   
2. Authorize the Chairman of the Board to execute a contract with Gutierrez, Preciado & House to perform employee relations litigation advice and negotiation services from July 1, 2000, through June 30, 2003. For each year, the initial amount of the contract shall not exceed $10,000. Second and third year awards are subject to Board approval of future year budgets. The Executive Officer may increase the contract by up to an additional $50,000 per year, subject to budgeted totals.
   
   
3. Authorize the Chairman of the Board to execute a contract with Woodruff, Spradlin & Smart to perform employee relations litigation advice and negotiation services from July 1, 2000, through June 30, 2003. For each year, the initial amount of the contract shall not exceed $10,000. Second and third year awards are subject to Board approval of future year budgets. The Executive Officer may increase the contract by up to an additional $50,000 per year, subject to budgeted totals.
   
   
4. Authorize the Chairman of the Board to execute a contract with Atkinson, Andelson, Loya, Rudd and Romo to perform employee relations litigation advice and negotiation services from July 1, 2000, through June 30, 2003. For each year, the initial amount of the contract shall not exceed $10,000. Second and third year awards are subject to Board approval of future year budgets. The Executive Officer may increase the contract by up to an additional $50,000 per year, subject to budgeted totals.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Current contracts with the law firms of Gutierrez, Preciado and House and Best, Best & Krieger for employee relations litigation and negotiation services expire on June 30, 2000. The litigation and negotiation 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 the employee bargaining units; and providing legal counsel with respect to Labor-Management Committee meetings, meet-and-confer sessions, and grievance and administrative hearings.

RFP #9900-13 was released on January 21, 2000, to seek proposals from interested law firms. A total of 138 RFPs were mailed to law firms in California.

Outreach

In accordance with AQMD's consulting and contracting policies, a public notice advertising the RFP and inviting proposals was published in the following publications:

1.	Antelope Valley Press	10.	La Opinion	19.	Precinct Reporter
2.	Black Voice News	11.	La Voz	20.	Rafu Shimpo
3.	Chinese Daily News	12.	Los Angeles Daily News	21.	Riverside Press Enterprise
4.	Eastern Group Publications	13.	Los Angeles Sentinel	22.	San Bernardino Sun
5.	El Chicano	14.	Los Angeles Times	23.	Santa Clarita Signal
6.	The Excelsior	15.	M/W/DVBE Source	24.	State of California
7.	Inland Empire Hispanic News	16.	Orange County Register		Contracts Register
8.	Inland Valley Daily Bulletin	17.	Palm Springs Desert Sun	25.	LA Daily Journal
9.	Korea Central Daily	18.	Philippine News

Additionally, potential bidders were identified using Los Angeles County MTA Directory of Certified Minority, Women, Disadvantaged and Disabled Veterans Business Enterprises; the Inland Empire Opportunity Pages Ethnic/Women Business & Professional Directory; AQMD’s own electronic listing of certified minority vendors; and AQMD Purchasing’s mailing list. RFP notices were mailed to the Black and Latino Legislative Caucuses and various minority chambers of commerce, and placed on the Internet at AQMD’s Web site [http://www.aqmd.gov, "Business and Job Opportunities" icon]; and on AQMD’s bidder’s 24-hour telephone message line (909) 396-2724.

Bid Evaluation

Fifteen proposals were received in response to the RFP by the deadline for submittal of 3:00 p.m. on March 3, 2000. The proposals were reviewed by an ethnically and gender-diverse panel of five AQMD employees: an Assistant Deputy Executive Officer, a Senior Deputy District Counsel, a Human Resources Manager, an Affirmative Action Officer, and a Human Resources Analyst; two African-American and three Caucasian; one female and four males. The panel scored the proposals as outlined in the RFP, with equal weight given to firms' experience and demonstrated ability representing employers in employment and labor law and to their cost proposal. Attachment A reflects the listing of all fifteen proposals received, the average hourly rates, and the final ratings for the law firms.

The panel recommended using the four highest-scoring law firms, as needed, for employee relations litigation or negotiation matters. Selection of law firms for particular legal matters will be based on individual firms’ specific experience and expertise as identified in their proposals and firms' prior experience on related AQMD matters. Two of the firms are currently being used by AQMD and can be predicted to need specified amounts of money based on ongoing work, although it may be necessary to increase these amounts as well, depending on future needs. However, two of the firms are new to AQMD. Staff intends to work with the firms as the opportunity arises, in order to provide a greater number of firms the opportunity to work with AQMD. As these firms’ specific expertise and abilities become better known to staff, it is expected that additional work will be awarded. However, since it is not possible to predict what amounts of work will be awarded to each firm, staff anticipates increasing these contracts through the Executive Officer’s authority, subject to the total budgeted amounts for each year, which is $150,000 for FY 2000-01.

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 2000-01 Budget.

Since it is difficult to anticipate specific needs for legal services, staff recommends contracts to these four law firms be awarded in the amounts noted below. AQMD's Purchasing and Contracting Policy allows the Executive Officer to add to these contracts, as needs arise. The annual total amount for all contracts will not exceed $150,000.

Best, Best & Krieger
$50,000 for FY 2000-01, $50,000 for FY 2001-02, $50,000 for FY 2002-03

Gutierrez, Preciado & House
$10,000 for FY 2000-01, $10,000 for FY 2001-02, $10,000 for FY 2002-03

Woodruff, Spradlin & Smart
$10,000 for FY 2000-01, $10,000 for FY 2001-02, $10,000 for FY 2002-03

Atkinson, Andelson, Loya, Rudd & Romo
$10,000 for FY 2000-01, $10,000 for FY 2001-02, $10,000 for FY 2002-03

Attachment
Attachment A - Evaluation of Proposals for RFP #9900-13

ATTACHMENT A

EVALUATION OF PROPOSALS FOR RFP #9900-13

EMPLOYEE RELATIONS LITIGATION AND/OR NEGOTIATION SERVICES

**Below established cut off score.

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