South Coast Air Quality Management District

Establish Lists of Prequalified Counsel to (1) Represent and Advise AQMD on Legal Matters Related to Environmental Law, and (2) Represent and Advise AQMD Hearing Board; and Appropriate Funds from Designation for Litigation/Enforcement to District Counsel’s FY 2002-03 Budget

SYNOPSIS: 

On June 7, 2002, the Board approved issuance of an RFP to pre-qualify outside counsel having expertise in the California Environmental Quality Act, AQMD rulemaking and planning procedures, administrative law and related issues for both AQMD and AQMD Hearing Board. The RFP was issued jointly to limit costs. The evaluation of responding firms has been completed. This action is to establish two lists of prequalified counsel; one to represent AQMD and one to represent AQMD Hearing Board in environmental law areas. This action is also to appropriate $125,000 from the Designation for Litigation/Enforcement to District Counsel’s FY 2002-03 Budget, Professional and Special Services account.

COMMITTEE: 

Administrative, August 9, 2002, Recommended for Approval

RECOMMENDED ACTION:

1. Approve the firms (a) Peter Greenwald, (b) Shute, Mihaly & Weinberger (c) Woodruff, Spradlin & Smart and (d) Best, Best & Krieger as pre-qualified law firms having expertise in the California Environmental Quality Act, AQMD rulemaking and planning procedures, issues relating to statute and rule interpretation, air quality laws, administrative law, representation of government agencies, constitutional issues, the Brown Act, and complex environmental litigation, that District Counsel may use to represent the AQMD in future litigation and for advice.
   
   
2. Authorize the Chairman of the Board or the Executive Officer, depending on whether the amount exceeds $50,000, to execute contracts with any of the above firms as the need arises for a total not to exceed $350,000 annually for up to three years.
   
   
3. Approve the firms (a) Myers, Widders, Gibson & Long and (b) Strumwasser & Woocher as pre-qualified law firms having expertise in the above-referenced areas to provide representation and advice as required by the AQMD Hearing Board.
   
   
4. Authorize the Executive Officer to execute contracts with either or both of the firms providing representation to the Hearing Board as the need arises for a total not to exceed $15,000 annually for up to three years.
   
   
5. Appropriate $125,000 from the Designation for Litigation/Enforcement to the District Counsel’s FY 2002-03 Budget, Professional and Special Services account.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

On June 7, 2002, the Governing Board approved issuance of an RFP for an amount up to $225,000 for AQMD's District Counsel and $15,000 for AQMD's Hearing Board to solicit proposals from outside litigation counsel having particular expertise and experience in the California Environmental Quality Act, AQMD rulemaking and planning procedures, issues relating to statute and rule interpretation, air quality laws, administrative law, representation of government agencies, constitutional issues, the Brown Act, and complex environmental litigation. The RFP was issued jointly to limit costs. District Counsel and AQMD's Hearing Board will utilize different firms to avoid conflicts of interest. In the past AQMD and AQMD's Hearing Board have faced, and likely will face in the future, litigation and other matters requiring such specialized expertise. A rapid response is needed in such situations, and it is not possible to go through the RFP process as new cases arise. Establishing a prequalified list ensures that AQMD and AQMD's Hearing Board can quickly select counsel for representation as needed. Because of pending litigation involving the Fleet Rules, the architectural coating rules, the CENCO refinery, and matters where AQMD has intervened or filed amicus briefs supporting CARB and EPA actions, as well as potential future litigation, staff is requesting that the Board increase its authorization for the contracts from a total not exceed an annual amount of $225,000 for three years to $350,000, and requesting appropriation of an additional $125,000 (beyond the $225,000 already budgeted) to the District Counsel Budget, Professional and Special Services account.

Outreach

In accordance with the AQMD’s consulting and contracting policies, a public notice advertising the RFQ and inviting bids was published in the following publications:
 

1.	Antelope Valley Press	11.	Inland Valley	22.	Rafu Shimpo
2.	Black Voice News		Daily Bulletin	23.	San Bernardino Sun
3.	California, State of, Contracts	12.	Korea Central Daily	24.	Signal, The
	Register	13	Los Angeles Daily News		(includes Santa Clarita,
4.	Chicano, El	14.	Los Angeles Sentinel		Newhall, and Saugus)
5.	Chinese Daily News	15.	Los Angeles Times	25.	Voz, La, Publications
6.	Desert Sun	16.	Opinion, La	26.	Wave Community
	(Coachella Valley)	17.	Orange County Register		Newspapers
7.	Eastern Group Publications	18.	Philippine News		(includes Southwest Topics
8.	Excelsior, The	19.	Precinct Reporter		Wave, Angeles Mesa Wave,
9.	Informador, El	20.	Prensa Hispana, La		& Central News Wave
10.	Inland Empire	21.	Press Enterprise
	Hispanic News		(Riverside County)

Additionally, potential bidders were notified by sending notification to minority bar associations including:
 

1. African American Attorneys,      Inland Empire	10. Filipino-American Lawyers Assoc.	19. Mexican-American Bar Assoc.         of  L.A. County
2. American Indian Bar, So. CA	11. Hispanic Bar Assoc. of Orange       County	20. Orange County Asian American         Bar Assoc.
3. Arab-American Lawyers Assoc.      of  So. CA	12. Inland Empire Latino Lawyers       Assoc.	21. Orange County Japanese         American Lawyers
4. Armenian Bar Assoc.	13. Iranian American Bar	22. Philippine American Bar Assoc.
5. Asian/Pacific Bar of CA	14. Japanese American Bar Assoc.        of Los Angeles	23. So. CA Chinese Lawyers Assoc.
6. Bernard S. Jefferson Law Society	15. John M. Langston Bar Assoc.        of  Los Angeles	24. Vietnamese American Bar Assoc.
7. Black Women Lawyers Assoc.      of  Los Angeles, Inc.	16. Korean American Bar Assoc.	25. Women Lawyers Assoc. of         Los Angeles
8. California Assoc. of Black Lawyers	17. La Raza Lawyers Assoc. of CA.	26. Women Lawyers Assoc. of Orange       County
9. California Woman Lawyers	18. Latina Lawyers Bar Assoc.

Notifications were also given by utilizing the Los Angeles County MTA Directory of Certified Firms, the Inland Area Opportunity Pages Ethnic/Women Business & Professional Directory; and AQMD’s own electronic listing of certified minority vendors. Notice of the RFP was mailed to the Black and Latino Legislative Caucuses and various minority chambers of commerce and business associations; and placed on the Internet at AQMD’s Web site [http://www.aqmd.gov, "Business and Job Opportunities" icon, or http://www.aqmd.gov/busjob/] and AQMD’s bidder’s 24-hour telephone message line (909) 396-2724.

Bid responses for the Environmental Law RFP were received from ten law firms or sole practitioners. A summary of the responses is provided in Attachment A. The evaluation panel consisted of two AQMD District Counsel attorneys, an AQMD Hearing Board attorney member, and the Assistant Deputy Officer of AQMD's Planning, Rule Development & Area Sources Division.

Proposal

Establish two lists, one for AQMD and one for AQMD's Hearing Board, valid through December 31, 2005, of prequalified outside counsel for advice and representation in areas related to environmental law, governmental law, and constitutional issues.

For AQMD:

	Peter Greenwald, Attorney at Law	90.15
	Shute, Mihaly & Weinberger	81.65
	Woodruff, Spradlin & Smart	81.05
	Best, Best & Krieger	72.35

For AQMD's Hearing Board:

	Myers, Widders, Gibson & Long	74.85
	Strumwasser & Woocher	69.00

Resource Impacts

The recommended total annual budget for environmental outside counsel is $350,000 for District Counsel, $15,000 for AQMD's Hearing Board, 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 AQMD and AQMD's Hearing Board. Selection may also be made for occasional assignments in subject areas of the firms' expertise that do not involve litigation. Sufficient funds are available in the FY 2002-03 Budget to cover the $15,000 for the Hearing Board and $225,000 for District Counsel in each office’s respective budgets. Therefore, this letter also requests an additional $125,000 to be appropriated from the Designation for Litigation/Enforcement to the District Counsel FY 2002-03 Budget, Professional and Special Services account.

Attachment

Summary of Responses to RFP #2002-31

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