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Agenda Item
ASR
Control 15-001221 |
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MEETING DATE: |
09/22/15 |
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legal entity taking action: |
Board of Supervisors and Orange County Flood Control
District |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
County Counsel
(Approved) |
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Department contact
person(s): |
Thomas A. Miller (714) 834-6019 |
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James Campbell (714) 227-1011 |
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Subject: Merger of Firm for Outside
Land and Environmental Counsel
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ceo CONCUR |
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Clerk of the Board |
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Concur |
N/A |
Consent Calendar |
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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:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 1/15/2013
#18, 4/03/2012 #9, 6/02/2009 #37 |
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RECOMMENDED ACTION(S):
Acting as the Board of Supervisors of the County of Orange and governing body of the Orange County Flood Control District, authorize County Counsel to execute standard agreements for legal services for land use, environmental law and planning related legal services with the law firm of Dentons US LLP, which has merged with the previously selected firm of McKenna, Long & Aldridge LLP.
SUMMARY:
Authorize County Counsel to execute the standard agreements for legal services on behalf of the County of Orange and the Orange County Flood Control District for land use, environmental law and planning related legal services with the law firm of Dentons US LLP, which has merged with the previously selected firm of McKenna, Long & Aldridge LLP and now employs all key personnel who had previously practiced with McKenna, Long & Aldridge LLP.
BACKGROUND INFORMATION:
On June 2, 2009, the Board selected the law firm of Luce, Forward, Hamilton & Scripps, LLP (“Luce”) to provide specialized legal services in the areas of land use, environmental, and planning law for the Orange County Flood Control District (“OCFCD”). Luce, Forward, Hamilton & Scripps, LLP (“Luce”) merged with McKenna, Long & Aldridge LLP (“McKenna”) and the Board approved a new contract with McKenna on April 3, 2012. Additionally, on January 15, 2013, the Board also selected McKenna to provide land use, environmental law, and planning related legal services related to County property at the former Marine Corps Air Station El Toro.
On August 19, 2015, County Counsel received letters prepared by management at McKenna informing County Counsel that McKenna has merged with the law firm Dentons US LLP (“Dentons”) and the attorneys working on the two contracts will be associated with Dentons as of July 1, 2015. As a result of these letters, which are attached as Attachment A to this ASR, OCFCD and the CEO/Real Estate now desire to have County Counsel execute standard agreements for legal services with Dentons to continue employing the attorneys, formerly with McKenna, who were selected as part of the prior recruitments. These are ongoing project for which the attorneys employed by Dentons (and previously with McKenna) have been working on consistently since the contracts were awarded. As these are project-based legal service agreements it is not appropriate to re-bid them at this time.
Since the legal services agreements were executed, County staff, OCFCD staff and County Counsel have relied on the advice and counsel of the McKenna attorneys and have been quite satisfied with their services. With their assistance OCFCD has negotiated an agreement with the Lewis Brothers developers for entitlement of certain 1,658 acres of OCFCD-owned property that was formerly used as a borrow site in conjunction with the construction of the Seven Oaks Dam in the City of Highland in San Bernardino County. OCFCD and County Counsel staff, along with outside counsel from McKenna, are currently working on a specific plan and development agreement for the property.
The hourly rates to be charged by Dentons will be basically the same with a minor cost of living increase of approximately 4% since the prior contracts. Partner rates will be $445 per hour and associate rates will be $350 per hour. As indicated in the attached letters, Dentons has also run a conflict check with OCFCD and the County and has no conflicts at this time.
Based on the foregoing explanation, County Counsel and OCFCD staff recommend and request that the Board direct and authorize County Counsel to enter into the standard Legal Services Agreements with Dentons for land use, environmental law and planning related legal services based upon the prior contracts for these two projects. The legal services agreement will be substantially similar to the prior agreements attached hereto as Attachment B and Attachment C.
FINANCIAL IMPACT:
Legal services will be provided on an “as needed” basis for each project. Based on the past contract year, we anticipate, the cost for these contracts to be approximately $120,000 annually and will vary from year to year. The legal services contract with OCFCD is paid from Flood Control Funds (404). The legal services contract with the County for El Toro is paid mostly from Fund 15T, which is earmarked for the former MCAS El Toro. These real estate costs will be funded out of Fund 100/Budget Control 017 and reimbursed from El Toro Improvement Fund 15T or Real Estate Development Program Fund 135.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Letters dated August 19, 2015 from McKenna,
Long & Aldridge LLP
Attachment B - Prior OCFCD Legal Services Agreement with McKenna, Long &
Aldridge LLP dated April 3, 2012
Attachment C - Prior County Legal Services Agreement with McKenna, Long &
Aldridge LLP dated January 15, 2013