BOARD MEETING DATE: June 6, 2003
AGENDA NO. 12

Approve Prequalified List of Law Firms for Employee Relations Litigation and Negotiation Services

SYNOPSIS:

On January 10, 2003, the Board approved release of an RFP for employee relations litigation and negotiation services. This item is to establish a list of prequalified law firms that can be used for these services over the next three years.

COMMITTEE:

Administrative, May 9, 2003, Recommended for Approval

RECOMMENDED ACTION:

1. Approve the law firms of Wiley Price & Radulovich, Best Best & Krieger, Liebert Cassidy Whitmore, Atkinson Andelson Loya Ruud & Romo, and Ivie McNeill & Wyatt as prequalified to provide employee relations litigation and negotiation services, as needed, through June 30, 2006.
    
2. Authorize the Chairman of the Board (or the Executive Officer, for contracts up to $50,000) to execute contracts with the firms listed above, as the need arises, for a combined total for all firms not to exceed $150,000 per year for the three-year term of the prequalified list.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Current contracts with the law firms of Gutierrez Preciado & House, Best Best & Krieger, Woodruff Spradlin & Smart, and Atkinson Andelson Loya Ruud & Romo for employee relations litigation and negotiation services expire June 30, 2003. 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 employee bargaining units; and providing legal counsel with respect to Labor-Management Committee meetings, meet-and-confer sessions, and grievance and administrative hearings.

RFP #P2003-16 was released on January 10, 2003, to seek proposals from law firms interested in being prequalified to provide services over the next three-year period.

Proposal

This proposal is to establish a list, valid through June 30, 2006, of law firms that have been prequalified to provide employee litigation and negotiation services for AQMD. The recommended list consists of the law firms of Wiley Price & Radulovich, Best Best & Krieger, Liebert Cassidy Whitmore, Atkinson Andelson Loya Ruud & Romo, and Ivie McNeill & Wyatt, which were the top-ranking firms. This proposal is also to authorize the Board Chairman or the Executive Officer, as appropriate, to execute contracts with one or more of these firms, as needed, in a combined amount of no more than $150,000 per fiscal year over the three-year term of the list.

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:

Additionally, potential bidders were identified from the Los Angeles County MTA and Caltrans Directories of Certified Minority, Women, Disadvantaged and Disabled Veterans Business Enterprises; the Inland Area Opportunity Pages Ethnic/Women Business & Professional Directory; the AQMD’s own electronic listing of certified minority vendors; and AQMD Purchasing’s mailing list. 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]; and AQMD’s 24-hour telephone message line for bidders (909) 396-2724.

Bid Evaluation

One hundred twenty-eight copies of the RFP were mailed to law firms in California. Thirteen proposals were received by 3:00 p.m. on February 21, 2003, the deadline for submittal. The panel rated proposals according to criteria described in the RFP. Attachment A lists the 13 firms in order of their final scores. Staff recommends the five firms with the highest scores be approved as prequalified to perform legal services. Selection of a law firm for particular legal matters will be based on the individual firm’s specific experience and expertise, as identified in its proposal, and on prior relevant experience, the needs of the particular project, and the firm’s availability.

The four-member evaluation panel consisted of three AQMD employees--a Principal Deputy District Counsel, a Senior Deputy District Counsel, and a Human Resources Manager--and the Chief of Advocacy Services for the Los Angeles County Department of Public Works. Of these, one is female and three are male; one is African-American, two are Caucasian and one is Hispanic.

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 2003-04 Budget.

Attachment

Attachment A - Evaluation of Proposals for RFP #P2003-16.

ATTACHMENT A

EVALUATION OF PROPOSALS FOR RFP #P2003-16

Employee Relations Litigation and Negotiation Services

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