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Agenda Item
ASR
Control 26-000077 |
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MEETING
DATE: |
03/24/26 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
County
Executive Office (Approved) |
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Department contact person(s): |
Louis
McClure (714) 834-5999 |
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Oana
Cosma (714) 834-7410 |
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Subject: Renew Bond Counsel Service
Contracts
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: Yes |
Current Year
Cost: See Financial
Impact Section |
Annual Cost: See Financial Impact Section |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 5/21/2024 #49, 4/11/2023 #27,
1/29/2008 #39 |
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RECOMMENDED
ACTION(S):
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1. |
Authorize County Procurement Officer or
Deputized designee to execute the Assignment, Novation and Consent Agreement
by and among Stradling Yocca Carlson & Rauth a Professional Corporation
and Stradling Yocca Carlson & Rauth LLP, a Limited Liability Partnership
and the County of Orange and MA-017-23010759 Amendment No. 1 to the Contract
for General Public Finance Legal Services with Stradling Yocca Carlson &
Rauth LLP, and to renew an amount not to exceed $200,000 per contract year,
effective April 11, 2026, through April 10, 2028, for a revised cumulative
total amount not to exceed $1 million, effective April 11, 2023, through
April 10, 2028. |
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2. |
Authorize County Procurement Officer or
Deputized designee to execute MA-017-23011183 Amendment No. 2 with Orrick
Herrington & Sutcliffe LLP for General Public Finance Legal Services in
an amount not to exceed $200,000 per contract year, effective April 11, 2026,
through April 10, 2028, for a revised cumulative total amount not to exceed
$1 million, effective April 11, 2023, through April 10, 2028. |
SUMMARY:
The County Executive Office
requests the Board of Supervisors approve amendments to the general public
finance bond counsel contracts to renew contracts with the firms providing
on-call services to the County.
BACKGROUND
INFORMATION:
The County
occasionally requires public finance legal services on matters related but not
limited to federal tax law, disclosure obligations, outstanding or proposed
debt obligations, Internal Revenue Service audits, U.S. Securities and Exchange
Commission inquiries, and other customary bond, disclosure and tax counsel
services. When necessary, the County
negotiates contracts with outside counsel firms to provide such services on an
ongoing basis.
On April 11, 2023, The Board of
Supervisors (Board) executed contracts with Stradling Yocca Carlson &
Rauth, a Professional Corporation (Stradling) (Contract MA-017-23010759) and
Orrick Herrington & Sutcliffe LLP (Orrick) (MA-017-23011183) for the
provision of General Public Finance Legal Services, effective April 11, 2023,
through April 10, 2026.
On May 21, 2024, the Board approved a
contract with Stradling to provide services specifically for the formation and
financing of Community Facilities Districts in the Rancho Mission Viejo
development. In addition, on January 29,
2008, the Board approved a contract with Orrick to provide services
specifically for the County’s Teeter plan
The contracts with firms that are
currently providing on-call general legal services have an initial term set to
expire on April 10, 2026. The contracts
may be renewed for an additional two-year terms upon mutual agreement of both
parties. The County Executive Office
(CEO) is requesting approval of the attached amendments to renew the contracts
for an additional two-year term. An
analysis was completed to verify the contracts provide the County with persons
specially trained, experienced, expert and competent to perform the special
services in accordance with the law.
This item is being submitted for Board approval less than 30 days prior
to the expiration due to additional review time necessary to finalize the amendments.
CEO became aware that Stradling had
changed its legal structure to a Limited Liability Partnership. Upon County Counsel's review, and in
accordance with the Contract Policy Manual, it was determined that Board approval
is required for the Assignment, Novation and Consent Agreement (Agreement).
Therefore, CEO requests that the Board authorize the County Procurement Officer
or Deputized designee to execute the Agreement.
FINANCIAL
IMPACT:
Services will be provided on an
as-needed basis, therefore current and annual costs are unknown. Based on the contract year, the services will
not exceed $200,000 annually and will vary by year. The service requested will
determine the funding source, which may include General Fund or other financing
source. Appropriations for these services are included in the FY 2025-26
Budget and will be included in the budgeting process for future years.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - Assignment, Novation and Consent Agreement
Attachment B - Amendment No. 1 to contract with Stradling Yocca Carlson &
Rauth
Attachment C - Amendment No. 2 to contract with Orrick Herrington &
Sutcliffe
Attachment D - Original contract with Stradling Yocca Carlson & Rauth
Attachment E - Original contract with Orrick Herrington & Sutcliffe
Attachment F - Amendment No. 1 to contract with Orrick Herrington &
Sutcliffe
Attachment G - Contract Summary form for Stradling Yocca Carlson & Rauth
Attachment H - Contract Summary form for Orrick Herrington & Sutcliffe