/Q. BOARD OF AIRPORT COMMISSIONERS REPORT TO THE. SUBJECT: Award of Contracts for Environmental Issues RECOMMENDATIONS:

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1 1 Date C:: ßy NE ow". Los Angeles World Arports REPORT TO THE BOARD OF AIRPORT COMMISSIONERS Meetng Date: /Q. Approved by: 3/17/2016 Revewed by: CAO Revew: ID Completed Pendng Al _An S. Revewed for Cty Attorn y ^.) De orah Flnt - Chef Executve Offcer Apf2röval_Stätus Captal Budget 3/3/2016 MY LI N G NA 1 Operatng Budget 3/4/2016 END N LI NA BW CEQA 3;3,2016 NY L. N ' MV Procurement 3/3/ ly ON `<. Cud ' MT Guest Experence 3/4/2016: NY ON I BY SUBJECT: Award of Contracts for Envronmental Issues Award of three -year contracts to outsde counsel frms -(1) Meyers Nave, (2) Parker, Mllken, Clark, O'Hara and Samuelan and (3) Kaplan Krsch & Rockwell LLP; to assst the Cty Attorney wth legal servces related to LAWA RECOMMENDATIONS: Management RECOMMENDS that the Board of Arport Commssoners: 1. ADOPT the Staff Report. 2. DETERMINE that ths acton s exempt from the Calforna Envronmental Qualty Act (CEQA) pursuant to Artcle II, Secton 2.f. of the Los Angeles Cty CEQA Gudelnes. 3. FIND that the work can be performed more economcally or feasbly by an ndependent contractor than by Cty employees. 4. APPROVE three -year contracts wth (1) Meyers Nave (n an amount not to exceed exceed $450,000), to assst the Cty Attorney wth legal servces related to LAWA

2 5. AUTHORIZE the Chef Executve Offcer to execute the above referenced contracts wth (1) Meyers Nave, (2) Parker, Mllken, Clark, O'Hara and Samuelan and (3) Kaplan Krsch & Rockwell, after approval as to form by the Cty Attorney. DISCUSSION: 1. Purpose LAWA faces complex, hgh- stakes, techncally dense local, state and federal envronmental legal ssues spannng a wde range of substantve areas on an ongong bass. Many of these legal ssues requre quck revew and response. Due to the volume of complex work, the need for sophstcated and experenced techncal expertse n numerous areas and the potental of conflcts arsng on varous matters, LAWA management and the Cty Attorney's offce are requestng approval of outsde counsel contracts wth three frms: two for general on -call envronmental servces and a thrd frm for specfc federal and state avaton, arports, transportaton and /or energy related envronmental expertse. Ths request s therefore for approval of 3 year contracts for general on -call envronmental servces wth Meyers Nave (n an amount not to exceed $800,000) and Parker, Mllken, Clark, O'Hara and Samuelan, (n an amount not to exceed $300,000) and a three year contract for envronmental on -call servces wth an emphass on federal and state avaton, arports, transportaton and /or energy related envronmental servces wth Kaplan Krsch & Rockwell LLP (n an amount not to exceed $450,000). 2. Pror Related Actons LAWA entered nto a three year contract on December 1, 2013 wth Meyers Nave for constructon ltgaton and related servces. The total fundng, ncludng addtonal funds approved n a frst amendment, s $2,500,000. On Aprl 1, 2013, LAWA entered nto a three year contract wth Parker Mllken for on -call envronmental legal servces. The total fundng on that contract was $450,000. The contract was amended on March 12, 2015 to add an addtonal year to the contract term. That contract expres on March 31, There s approxmately $20,000 remanng n the contract. Kaplan Krsch & Rockwell has provded legal servces to LAWA as a subcontractor to another legal servces frm. 3. Current Acton Award three -year contracts wth (1) Meyers Nave (n an amount not to exceed exceed $450,000) to assst the Cty Attorney wth legal servces related to LAWA Page 2

3 Procurement Process The Cty Attorney's Offce ssued an RFP for on -call envronmental counsel for LAWA. Eghteen frms responded, ncludng: Alvarez -Glasman & Colvn; Anderson Kreger; Bergman Dacy Goldsmth; Burke Wllams & Sorensen, LLP; Downey Brand; Farella Braun + Martel LLP; The Gallagher Law Group, P.C.; Kaplan Krsch & Rockwell, LLP; Katten Muchn Rosenman LLP; Lews Brsbos Bsgaard & Smth LLP; Locke Lord LLP; Meyers Nave; Mllhouse Hahn LLP; Morrs Polch & Purdy LLP; Law Offce of Jennfer F. Novak and Henderson Law Frm; Parker Mllken Clark O'Hara & Samuelan; PC Law Group; and Squre Patton Boggs LLP. After revew and analyss, the Cty Attorney's Arport Dvson recommended the selecton of three frms; two for general on -call envronmental servces and a thrd frm for specfc federal and state avaton, arports, transportaton and /or energy related envronmental expertse. All wrtten responses to the RFP were revewed, and upon consderaton, the followng frms were recommended: Meyers Nave - Meyers Nave s a large Calforna law frm wth a local offce n Los Angeles. The Frm has provded servces to the Cty of Los Angeles n the past (LAWA, Port, DWP). Ther broad, dverse base of experence ncludes envronmental advce and reports; envronmental dspute resoluton and ltgaton; sol contamnaton, cleanup and cost recovery; water ssues (groundwater contamnaton, rghts, stormwater), storage tanks, ar qualty, and endangered speces and wetlands. The frm rates range from $150 to $385 per hour. Parker Mllken Clark O'Hara & Samuelan - Parker Mllken also has extensve experence n numerous aspects of envronmental law ncludng regulatory complance, contamnated real property transactons, toxc tort ltgaton, CERCLA and State Superfund, Proposton 65 cases, as well as admnstratve, cvl and crmnal enforcement defense. Ther attorneys regularly appear before federal, state and local agences n assstng clents through the regulatory process concernng sol, groundwater and ar contamnaton and remedaton. The frm recently asssted LAWA n fnalzng a Consent Decree settlement wth the State Water Resources Control Board regardng LAWA owned /operated USTs. Ther servces ncluded assstng wth an nternal nvestgaton, factual revew and legal analyss, and negotaton of resoluton on a matter. The frm rates range from $100 to $275 per hour. Kaplan Krsch & Rockwell (John E. Putnam) - John Putnam has worked on arport envronmental regulaton and ltgaton ssues for almost 20 years. He has actvely asssted Arport Dvson attorneys on numerous complex, hgh stakes LAWA I Whle the selected frms may provde CEQA and NEPA expertse, ths procurement was not drected at obtanng prmary outsde CEQA counsel. An addtonal procurement process wll be undertaken closer to the expraton date of the exstng contract wth the prmary outsde CEQA counsel.

4 envronmental ssues and therefore has both a current workng knowledge of and extensve experence wth LAWA's He has expertse n a broad range of arport related envronmental ssues, ncludng, but not lmted to, Ar Qualty, Nose, Sol Contamnaton, Water Qualty and Wetlands, and Endangered and Specal Status Speces as well as SCAG Regonal Transportaton Plan (RTP) and AQMD State Implementaton Plan (SIP) ssues. In addton, the Kaplan Krsch frm has decades of experence wth arport- specfc envronmental legal ssues, ncludng coordnatng wth the Federal Avaton Admnstraton (FAA), the Envronmental Protecton Agency (EPA), the U.S. Army Corps of Engneers, the U.S. Fsh and Wldlfe Servce, and state and local envronmental agences. The frm rates range from $125 to $395 per hour. Acton Requested APPROVE three -year contracts wth (1) Meyers Nave (n an amount not to exceed exceed $450,000) to assst the Cty Attorney wth legal servces related to LAWA AUTHORIZE the Executve Drector to execute the above referenced contracts wth Meyers Nave; Parker, Mllken, Clark, O'Hara and Samuelan; and Kaplan & Krsch LLP, after approval as to form by the Cty Attorney. Fscal Impact Costs ncurred under these contracts wll be recovered through landng fees and termnal and buldng rates and charges, as well as through non -aeronautcal revenues. 4. Alternatves Consdered Take No Acton Takng no acton could delay legal analyss and therefore LAWA's response to tme senstve envronmental matters. Perform the Work In -House Presently, our Offce does not have suffcent expertse or personnel to address the vast array of complex and multfaceted envronmental legal ssues whch arse on an ongong bass. However, the legal expertse for these tasks s temporary and occasonal n nature, and thus, the employment of addtonal n house envronmental attorneys s not justfed. To provde the necessary support to LAWA for these servces, we are recommendng the contnued assstance of outsde counsel wth specalzed legal sklls pertnent to the wde array of envronmental legal ssues requred.

5 APPROPRIATIONS: Funds for ths amendment are currently avalable n the Fscal Year Los Angeles World Arports Operatng Budget on Cost Center Legal Servces Dvson, Commtment Item Contractual Servces. Funds for subsequent perods wll be requested as part of the annual budget process. STANDARD PROVISIONS: 1. Ths acton, as a contnung admnstratve actvty, s exempt from the requrements of the Calforna Envronmental Qualty Act (CEQA) pursuant to Artcle II, Secton 2.f. of the Los Angeles Cty CEQA Gudelnes. 2. Ths contract s subject to approval as to form by the Cty Attorney. 3. Actons taken on ths tem by the Board of Arport Commssoners wll become fnal pursuant to the provsons of Los Angeles Cty Charter Secton 245 and Each Frm wll comply wth the provsons of the Lvng Wage Ordnance. 5. Ths tem s not subject to the provsons of the Small Busness Enterprse Program. 6. Each Frm wll comply wth the provsons of the Affrmatve Acton Program. 7. Each Frm wll be assgned a Busness Tax Regstraton Certfcate No. 8. Each Frm wll comply wth the provsons of the Chld Support Oblgatons Ordnance. 9. Each Frm has approved nsurance documents, n the terms and amounts requred on fle wth the Los Angeles World Arports. 10. Pursuant to Charter Secton 1022, t has been determned that the work specfed n ths contract can be performed more feasbly or economcally by an Independent Contractor than by Cty employees. 11. Each Frm must submt the Contractor Responsblty Program Pledge of Complance and comply wth the provsons of the Contractor Responsblty Ordnance pror to executon of Contract. 12. Each Frm must be determned by the Offce of Contract Complance to be n full complance wth the provsons of the Equal Benefts Ordnance pror to executon of Contract. 13. Each Frm wll comply wth the provsons of the Frst Source Hrng Program for all non -trade LAX Arport jobs. 14. Each Frm must submt the Bdder Certfcaton CEC Form 50 and Bdder Contrbutons CEC Form 55 and comply wth ts provsons pror to executon of Contract.