BOARD MEETING DATE: June 4, 2004
AGENDA NO. 18

Amend Contract For Litigation Services

SYNOPSIS:

This action is to authorize the Executive Officer to amend a contract with the law firm of Shute, Mihaly & Weinberger for an additional $30,000.

COMMITTEE:

Not applicable

RECOMMENDED ACTION:

Authorize the Executive Officer to amend an existing contract for legal services with Shute, Mihaly & Weinberger by an additional amount up to $30,000 by increasing the total contract amount to up to $340,000 for FY 2003-04.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

AQMD has existing contracts with outside law firms to provide legal services in the area of environmental law, including 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. One of the contracts is with the law firm of Shute, Mihaly & Weinberger.

Currently, Shute, Mihaly & Weinberger represents the AQMD in several litigation matters, principally the Fleet Rules litigation. The Supreme Court’s recent ruling in the Fleet Rules litigation has created several important legal issues, one of which is the continued enforceability of the Fleet Rules with regard to vehicle fleets operated by public entities. The Supreme Court has sent this issue back to the District Court in Los Angeles to be resolved. In addition, Shute, Mihaly & Weinberger is assisting with an evaluation of the steps necessary for CARB’s action on the Fleet Rules and U.S. EPA for a waiver of federal preemption. We estimate that it will cost an additional $30,000 in the current fiscal year to resolve this matter.

Proposal

It is proposed that the Board authorize the Executive Officer to amend the existing contract for legal services with Shute, Mihaly & Weinberger by increasing the contract amount up to a total of $340,000 for FY 2003-04.

Fiscal Impacts

Funds for this request are available due to savings from cost-cutting measures during FY 2003-04.

Attachments

None

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