BOARD MEETING DATE: June 2, 2006
AGENDA NO. 9

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

SYNOPSIS:

On January 6, 2006, the Board approved release of an RFP for employee relations litigation and negotiation services.  This action is to approve a list of prequalified law firms that can be used for these services over the next three years.

COMMITTEE:

Administrative, May 12, 2006, Recommended for Approval

RECOMMENDED ACTIONS:

1. Approve the law firms of Wiley Price & Radulovich and The Sillas Law Firm as prequalified to provide employee relations litigation and negotiation services through June 30, 2009.
2. Authorize the Chairman or the Executive Officer, as appropriate, to execute one-year contracts—with the option of two one-year extensions—with one or more of these firms, as needs arise, in a total amount not to exceed $150,000 per fiscal year for Fiscal Years 2006-07, 2007-08, and 2008-09, contingent on sufficient funds being allocated in the budget for these years.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Current contracts with the law firms of Liebert Cassidy Whitmore, Atkinson Andelson Loya Ruud & Romo, Best Best & Krieger, Wiley Price & Radulovich, and Ivie McNeill & Wyatt for employee relations litigation and negotiation services expire June 30, 2006.  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 #P2006-12 was released on January 6, 2006, 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 for the period July 1, 2006, through June 30, 2009, 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 and The Sillas Law Firm, which were the top-ranked 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 not to exceed $150,000 per fiscal year over the three-year term of the list.

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.

Outreach

In accordance with AQMD’s Procurement Policy and Procedure, a public notice advertising the RFP and inviting bids was published in the Los Angeles Times, the Orange County Register, the San Bernardino Sun, and Riverside County Press Enterprise newspapers to leverage the most cost-effective method of outreach to the entire South Coast Basin.

Additionally, potential bidders may have been notified utilizing 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/).  Information was also available on AQMD’s bidder’s 24-hour telephone message line (909) 396-2724.

Bid Evaluation

One hundred forty-one copies of the RFP were mailed to law firms in California.  Eleven proposals were received by 3:00 p.m. on February 17, 2006, the deadline for submittal.  An evaluation panel rated proposals according to criteria described in the RFP.  Attachment A lists the six firms that met the requirement for a technical score of at least 49 points (which is 70% of the total possible technical points).  Staff recommends the top two firms be approved as prequalified to perform legal services.

The four-member evaluation panel consisted of three AQMD employees—the District Counsel, a Senior Deputy District Counsel, and a Human Resources Manager—and a Principal Analyst for the Los Angeles County Chief Administrative Office.  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 2006-07 Budget.

Attachment

Attachment A - Evaluation of Proposals for RFP #P2006-12

ATTACHMENT A

EVALUATION OF PROPOSALS FOR RFP #P2006-12

Employee Relations Litigation and Negotiation Services