Recommendation Concerning the Selection of Outside Counsel for Oil Spill Related Issues
That the Board take the following action:
A. Retain outside counsel from the list of two finalists resulting from the County’s RFP selection process to provide continuing efforts to recoup County losses related to the Deepwater Horizon Oil Spill:
(1) Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. and McDonald, Fleming, Moorhead, Ferguson, Green, Smith & DeKozan;
OR
(2) Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A., Weitz & Luxenberg, P.C., Baron & Budd, P.C., Beggs & Lane, RLLP, Morgan & Morgan, P.A., and Hinkle and Foran, P.A;
AND
B. Authorize the Chairman to execute the attached contract for those services with the selected firms. |
The Office of Management and Budget and the Office of the County Attorney have been primarily responsible for processing claims regarding County losses due to the Deepwater Horizon Oil Spill since the disaster occurred. To date, County staff has been quite successful in processing these claims, including those for lost revenue, and in almost all cases losses have been recouped. However, at this time it is in the County’s best interest to contract with outside counsel to proceed with these efforts. Those issues remaining are more complex in nature and require more resources.
To that end and pursuant to previous Board direction, the Office of Purchasing and the County Attorney drafted a solicitation for requests for proposals and empaneled a five-member selection committee. The selection committee was composed of Tim Day, Environmental Programs Manager, Amy Lovoy, Director, Management and Budget Services Department, Larry Newsom, Assistant County Administrator, Charles V. Peppler, Deputy County Attorney, and Donna Waters, General Counsel for the Escambia County School District.
The selection committee met on April 5, 2011 to determine from among the ten groups of firms which submitted proposals in response to the RFP as to which would be interviewed. During the meeting it was determined that the Aylstock, Witkin, Kreis & Overholtz, Lindsay & Andrews, Law Office of Artice McGraw, and Law Office of Samuel W. Bearman (Aylstock Witkin); Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. and McDonald, Fleming, Moorhead, Ferguson, Green, Smith & DeKozan (Beasley Allen); Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A., Weitz & Luxenberg, P.C., Baron & Budd, P.C., Beggs & Lane, RLLP, Morgan & Morgan, P.A., and Hinkle and Foran, P.A. (Levin Papantonio); and the Nix Patterson & Roach, LLP, Harrison Sale McCloy, Harrison Rivard, & Fowler White Boggs (Nix Patterson) firms would be interviewed.
On April 26, 2011, Aylstock Witkin, Beasley Allen, and Levin Papantonio were interviewed by the selection committee. Nix Patterson withdrew their proposal on the morning of April 26th. After hearing the presentations made by the above groups of law firms, the selection committee voted to recommend to the Board the Beasley Allen and Levin Papantonio groups.
On May 12, 2011, the selection committee met to discuss the terms of the contract for retaining selected counsel. After discussion, a proposed contract was agreed upon which was then negotiated on June 1, 2011 with the Beasley Allen and Levin Papantonio groups. Attached to this recommendation is the proposed Engagement and Contingency Fee Agreement and Client Bill of Rights for consideration by the Board.
The attached Agreement provides for a contingency fee arrangement, with a fee set at 18%, but certain items are exempted from the contingency fee such as NRDA and Clean Water Act monies received by Escambia County. The County shall be responsible for costs only if a recovery is made by outside counsel. |