|
Agenda Item
ASR
Control 19-000653 |
||
|
MEETING DATE: |
06/25/19 |
|
|
legal entity taking action: |
Board of Supervisors |
|
|
board of supervisors
district(s): |
All Districts |
|
|
SUBMITTING
Agency/Department: |
County Counsel
(Approved) |
|
|
Department contact
person(s): |
Leon J. Page (714) 834-3300 |
|
|
|
Massoud Shamel (714) 834-3300 |
|
Subject: Selection of Legal Counsel
for Local Enforcement Agency
|
ceo CONCUR |
|
Clerk of the Board |
||||||||
|
Concur |
Approved Agreement to Form |
Discussion |
||||||||
|
|
|
3 Votes Board Majority |
||||||||
|
|
|
|
||||||||
|
Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
FY 2019-20 $70,000 |
||||||||
|
|
|
|
||||||||
|
Staffing Impact: |
No |
# of Positions:
|
Sole Source:
No |
|||||||
|
Current Fiscal Year Revenue: N/A
|
||||||||||
|
Prior Board Action: 06/23/2015
#73 |
||||||||||
RECOMMENDED ACTION(S):
|
1. |
Select the law firm of Aleshire & Wynder LLP as the primary provider of legal services to Health Care Agency when acting as the Local Enforcement Agency, in cases where County Counsel declares a conflict, for a period of three years effective July 1, 2019, through June 30, 2022, renewable for two additional one-year periods, in an amount not to exceed $50,000 annually and a cumulative contract amount not to exceed $150,000, and authorize the County Counsel or designee to execute an agreement for professional legal services substantially in the form attached. |
|
2. |
Select the law firm of Gatzke Dillon & Ballance LLP as the secondary provider of legal services to Health Care Agency when acting as the Local Enforcement Agency, in cases where County Counsel declares a conflict, for a period of three years effective July 1, 2019, through June 30, 2022, renewable for two additional one-year periods, in an amount not to exceed $20,000 annually and a cumulative contract amount not to exceed $60,000, and authorize the County Counsel or designee to execute an agreement for professional legal services substantially in the form attached. |
SUMMARY:
Selection of the law firms of Aleshire & Wynder LLP and Gatzke Dillon & Ballance LLP will allow the Health Care Agency when acting as the Local Enforcement Agency to have legal representation in cases where County Counsel declares a conflict.
BACKGROUND INFORMATION:
The Board of Supervisors (Board) has designated the Orange County Health Care Agency (HCA) as the Solid Waste Local Enforcement Agency (LEA) for County of Orange. The LEA regulates current and former solid waste facilities and disposal sites within the County as provided under state environmental health laws.
OC Waste & Recycling (OCWR) currently operates, and has operated in the past, a number of solid waste facilities and disposal sites. County Counsel regularly provides legal representation for both the LEA and OCWR. There are circumstances, however, that give rise to a conflict of interest for County Counsel to provide legal representation to both the LEA and OCWR. An example of such a conflict would be a situation whereby the LEA issues a regulatory order against OCWR concerning disposition of methane gas at unacceptable levels at a County operated landfill. Since County Counsel represents the interests of OCWR, County Counsel would declare a conflict of interest as to the LEA, at which point LEA legal services pertaining to the regulatory order would be handled by the conflict counsel.
When a conflict is declared, it is not always certain whether required legal representation will involve advisory services, litigation services or both. Accordingly, the proposed agreements include both advisory services and litigation representation for all matters wherein County Counsel determines that continued legal representation of both the LEA and OCWR would constitute a conflict of interest.
In 2015, County Counsel HCA and County Counsel developed and released a solicitation of qualifications for advisory and litigation LEA conflict counsel services. As a result of that solicitation, on June 23, 2015, the Board awarded contracts for the services to Aleshire & Wynder LLP and Gatzke Dillon & Ballance LLP. The firms have made themselves available to the County, but there have been no instances where their services were needed.
Given the limited monetary value of the contracts and historical use of services, County Counsel issued a request for qualifications on April 26, 2019, soliciting written statements of qualifications from Aleshire & Wynder LLP and Gatzke Dillon & Ballance LLP. Both law firms responded with their proposals, which were thoroughly reviewed by LEA and County Counsel. Based on this review, the responding law firms were determined to be highly qualified to provide professional legal services to LEA in cases where County Counsel declares a conflict. Accordingly, County Counsel recommends the law firms of Aleshire & Wynder LLP and Gatzke Dillon & Ballance LLP as the providers of professional legal services for the LEA in cases where County Counsel declares a conflict.
The recommended law firms have completed conflict checks and found no current representations that constitute a conflict with representing the County. The hourly rate structures for the firms vary by personnel involved, as summarized in the following table:
|
Firm |
Maximum Partner Rate |
Maximum Associate Rate |
Maximum Paralegal Rate |
|
Aleshire & Wynder LLP |
$275 |
$235 |
$135 |
|
Gatzke Dillon & Ballance LLP |
$350 |
$285 |
$150 |
Aleshire & Wynder LLP is a recognized Southern California law firm, with its law office located in Orange County. The County has used this law firm in the past. The firm has substantial experience in representing both private and public entities in environmental matters. The individual and combined professional background and experience of the law firm’s attorneys proposed to provide legal services to the County highly qualifies this law firm for provision of legal services in the area of solid waste facilities. The resumes of the attorneys who are proposed to primarily provide legal services to LEA are set forth in Attachment E.
Gatzke Dillon & Ballance LLP is an established Southern California law firm, offering legal practice, among others, in land use, environmental, natural resources and government areas. Legal services would be provided to the County primarily out of the firm’s location in Sand Diego. The firm has substantial experience in representing both private and public entities in environmental matters. The individual and combined professional background and experience of the law firm’s attorneys proposed to provide legal services to LEA highly qualifies this law firm for provision of legal services in the area of solid waste facilities. The resumes of the attorneys who are proposed to primarily provide legal services to the County are set forth in Attachment F.
For the reasons discussed above, County Counsel recommends that the law firms of Aleshire & Wynder LLP and Gatzke Dillon & Balance LLP be selected as providers of professional legal services to the LEA in cases County Counsel declares a conflict, and that the County Counsel or designee be authorized to execute an agreement for professional legal services substantially in the form set forth in Attachments A and B. The proposed term of the professional legal services agreement is for three years, with the option to renew for two additional one-year periods.
These Agreements do not currently include subcontractors or pass through to other providers. See Attachments C and D for Contract Summary Forms.
FINANCIAL IMPACT:
Appropriations for these Contracts are included in the FY 2019-20 Budget and will be included in the budgeting process for future years.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A – Professional Legal Services Agreement with
Aleshire & Wynder LLP
Attachment B – Professional Legal Services Agreement with Gatzke Dillon &
Ballance LLP
Attachment C – Contract Summary Form for Aleshire & Wynder LLP
Attachment D – Contract Summary Form for Gatzke Dillon & Ballance LLP
Attachment E – Resumes for Aleshire & Wynder LLP Attorneys
Attachment F – Resumes for Gatzke Dillon & Ballance LLP Attorneys