Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  22-000578

 

MEETING DATE:

07/19/22

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 

 

 

Nikhil Daftary (714) 834-3318

 

 

Subject:  Conflict of Interest Waiver - Orrick, Herrington & Sutcliffe

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

No Legal Objection

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years: No

 

 

    Prior Board Action: 3/8/2022 #27, 4/10/2018 #35

 

 

 

RECOMMENDED ACTION(S):

 

Authorize County Counsel to waive a conflict of interest and consent to Orrick, Herrington & Sutcliffe LLP’s (“Orrick”) representation of NavVis US, Inc. regarding contract negotiations for a one-year contract with the County of Orange, Public Works Department for mobile lighting and ranging. 

 

 

 

 

SUMMARY:

 

Authorization for County Counsel to waive a conflict of interest, consent to representation and agree not to seek disqualification of Orrick, Herrington & Sutcliffe LLP in connection with Orrick’s representation of NavVis US, Inc. involving contract negotiations with the County of Orange, Public Works Department for mobile lighting and ranging.

 

 

BACKGROUND INFORMATION:

 

The law firm of Orrick, Herrington & Sutcliffe LLP (“Orrick”) Orrick has provided various advisory services regularly to the County for over 20 years and has worked on the County’s Teeter program, pension obligation notes and housing and lease financings.  The current general legal services contract allows for Orrick to act as Bond and Disclosure Counsel services for County financings.   The contract with Orrick was approved on April 10, 2018, to provide general legal services for a three-year period ending April 22, 2021, with the option to renew for two additional one-year terms.  On August 22, 2018, CEO Public Finance executed Amendment One to include customary Bond Counsel services for the 2019 Taxable Pension Obligation Bonds in the Scope of Work.  On April 12, 2021, CEO Public Finance executed Amendment Two to renew the contract for an additional one-year period ending April 22, 2022.  On March 8, 2022, your Board approved Amendment Three to renew the contract for the final one-year period ending April 22, 2023, update the hourly rate schedule and increase the not-to-exceed amount for the contract year by $50,000 (from $150,000 to $200,000).  Your Board also approved the selection of Orrick as Bond and Disclosure Counsel for the proposed issuance of bonds for the County’s acquisition of approximately 120,000 square feet of industrial and warehouse space located at 1382 Bell Avenue in Tustin for use by the Sheriff-Coroner. 

 

Orrick has written asking that County Counsel waive a conflict of interest, consent to representation and agree not to seek disqualification of Orrick in connection with Orrick’s representation of NavVis US, Inc. (“NavVis”) involving contract negotiations with the County of Orange, Public Works Deparment for mobile lighting and ranging. 

 

County Counsel believes that a waiver is appropriate under these circumstances, given that Orrick’s representation of the County in connection with Bond and Disclosure services and its representation of NavVis for contract negotiations for a Public Work’s contract are totally unrelated matters.  Orrick represents that no attorneys or personnel involved with the NavVis representation will be involved with the County’s Bond and Disclosure services.

 

 

 

FINANCIAL IMPACT:

 

N/A

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Letter from Orrick Requesting Waiver
Attachment B - Orrick Contract 017-18001BC
Attachment C - Orrick Contract 017-18001BC, Amendment One
Attachment D - Orrick Contract 017-18001BC, Amendment Two
Attachment E - Orrick Contract 017-18001BC, Amendment Three