Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  26-000077

 

MEETING DATE:

03/24/26

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

County Executive Office   (Approved)

Department contact person(s):

Louis McClure (714) 834-5999 

 

 

Oana Cosma (714) 834-7410

 

 

Subject:  Renew Bond Counsel Service Contracts

 

     ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost:  See Financial Impact Section

Annual Cost: See Financial Impact Section

 

 

 

    Staffing Impact:

No

# of Positions:           

Sole Source:   N/A

    Current Fiscal Year Revenue: N/A

   Funding Source:    See Financial Impact Section

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         5/21/2024 #49, 4/11/2023 #27, 1/29/2008 #39

 

RECOMMENDED ACTION(S):

 

 

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.

 

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