BOARD MEETING DATE: October 7, 2005
AGENDA NO. 9

Establish Lists of Pre-qualified Counsel to (1) Represent and Advise the AQMD on Legal Matters Related to Environmental Law, and (2) Represent and Advise the AQMD Hearing Board

SYNOPSIS:

On May 6, 2005, 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 the AQMD and the 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 pre-qualified counsel; one to represent the AQMD and one to represent the AQMD Hearing Board in environmental law areas.

COMMITTEE:

Administrative, September 9, 2005, Recommended for Approval

RECOMMENDED ACTION:

1. Approve the firms (a) Shute, Mihaly & Weinberger (b) Best, Best & Krieger and (c) Woodruff, Spradlin & Smart 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 in areas of expertise.
    
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 $225,000 annually for up to three years.
    
3. Approve the firm Strumwasser & Woocher as a pre-qualified law firm 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 Strumwasser & Woocher to provide representation to the Hearing Board as the need arises for a total not to exceed $15,000 annually for up to three years.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

On May 6, 2005, the Board approved issuance of an RFP for an amount up to $225,000 for the AQMD District Counsel and $15,000 for the AQMD 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 the AQMD Hearing Board will utilize different firms to avoid conflicts of interest. In the past the AQMD and the AQMD 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 pre-qualified lists ensures that AQMD and AQMD Hearing Board can quickly select counsel for representation as needed.

Outreach

In accordance with the AQMD’s Procurement Policy and Procedure, a public notice advertising the RFP/RFQ and inviting bids was published in the following publications:
 

1.	Antelope Valley Press	11.	La Opinion	21.	Rafu Shimpo
2.	Black Voice News	12.	La Prensa Hispana	22.	San Bernardino Sun
3.	Chinese Daily New	13.	La Voz Publications	23.	State of California Contracts
4.	Desert Sun	14.	Los Angeles Daily News		Register
5.	Eastern Group Publications	15.	Los Angeles Sentinel	24.	The Daily Breeze
6.	El Chicano	16.	Los Angeles Times	25.	The Excelsior
7.	El Informador	17.	Orange County Register	26.	The Signal
8.	Inland Empire Hispanic News	18.	Philippine News	27.	Wave Community
9.	Inland Valley Daily Bulletin	19.	Precinct Reporter		Newspapers
10.	Korea Central Daily	20.	Press Enterprise

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 where it can be viewed by making menu selections "Inside AQMD"/"Employment and Business Opportunities"/"Business Opportunities" or by going directly to http://www.aqmd.gov/rfp/index.html). Information is also available on AQMD’s bidder’s 24-hour telephone message line (909) 396-2724.

Evaluation

Bid responses for the Environmental Law RFP were received from six law firms or sole practitioners. A summary of the responses is provided in Attachment A. Two proposals were not responsive to the RFP, and therefore were not rated. Two evaluation panels were convened, one to evaluate proposals for the District Counsel and one to evaluate the proposals for the Hearing Board. The District Counsel panel consisted of an AQMD District Counsel, one Principal Deputy District Counsel. one Senior Deputy District Counsel, and one Bay Area AQMD attorney; one African-American and three Caucasian; two female and two male. The Hearing Board panel consisted of two AQMD Hearing Board members and one Bay Area AQMD Hearing Board member; three Caucasian; one female and two male

Proposal

Establish two lists, one for the AQMD and one for the AQMD Hearing Board, valid from January 1, 2006 through December 31, 2009, of pre-qualified outside counsel for advice and representation in areas related to environmental law, governmental law, and constitutional issues. The following also indicates the average score for the firms.

For the AQMD list:

Shute, Mihaly & Weinberger	100
Best, Best & Krieger	89
Woodruff, Spradlin & Smart (Reflects District Counsel panel scores)	85

 For the AQMD Hearing Board list:

Strumwasser & Woocher 94 (Reflects Hearing Board panel scores)

94

Resource Impacts

The recommended total annual budget for environmental outside counsel is $225,000 for District Counsel, $15,000 for the AQMD 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 the AQMD and AQMD Hearing Board. Selection may also be made for occasional assignments in subject areas of the firms' expertise that do not involve litigation.

Attachment (DOC* 39kb)

Summary of Responses to RFP #2002-31

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