SWAAAE 52 nd Annual Airport Management Conference The Interview Process and Getting the Outside Counsel You Need Mark Bautista, Monterey Regional Airport Chris Morello, Monterey Regional Airport David Prentice, Cota Cole, LLP Lori D. Ballance, Gatzke Dillon & Ballance LLP

Determining What was Needed MPAD Background 1.Over 28 years since new District Counsel had been sought. 2.Legal Services to the District at the time was a Time and Materials Fee Schedule. 3.District Counsel is appointed by and serves at the pleasure of the Board of Directors (BOD). 4.BOD determined an RFQ/P with a contract was to be developed. Not a unanimous Board decision

Quality and commitment of personnel –Experience with California Public Sector Law Technical approach –Responses to real life and hypothetical issues Experience and resources of the firm –Breadth of knowledge with FAA policies, Construction Law, Litigation Experience General quality and responsiveness of the proposal –Accessibility to the District and ‘fit’ Additional scoring considerations: –Cost to provide services –Airport experience and familiarity with the Monterey Key Criteria

Determining What was Needed Important Elements: 1.Oversight of the process 2.Clear and unbiased process so as to attract a wide- range of proposals Retained independent Consultant to facilitate the process Retained independent Counsel to review and guide the process 3.Process implementation 4.Criteria for review of proposals 5.Level of service needed on a monthly basis Time and Materials vs. Monthly Retainer

Process Implementation

Components Used: 1.RFQ/P that included a Draft Contract Retainer Agreement –Expected average number of hours/month –Availability weekly at District office –Use of Support Staff –Compensation Rates 2.Wide Advertisement Footprint –Local Newspaper –MPAD website –California League of Cities –Direct of RFQ/P –SWAAAE Alert

Process Implementation 3.Use of Committees Staff Committee –Worked with Consultant to develop documents –Review by Board Chair and Vice-Chair Screening Panel – Public Sector Attorneys Interview Panel – New Group of Attorneys (combination of Public and Private) Board Interview

Process Implementation

4.Detailed Process No Contact was allowed with Staff or BOD –Worked through Consultant for questions/comments RFQ/P Allowed for Questions – Posted Response –The response to questions was reviewed for legal adequacy Submittal Review Process –Scoring Criteria for use by the Screening Panel mirrored the RFQ/P Requirements –Reviewed the proposals against the RFP/Q requirements – Top 5 –Conference call with MPAD legal committee staff and Consultant to review screening results –Notification to all firms of short -list status

Process Implementation 5.Detailed Process – continued Submittal Review Process – continued –Independent Interview Panel identified and confirmed –Draft interview questions for use by the Interview Panel –Face-to-Face Interview of top 5 with the Screening Panel –Recommended top 3 MPAD staff performed reference checks for each firm to verify qualifications of top 3 Board interviewed top 3 from the Interview Panel

Counsel Perspective David Prentice Monterey Peninsula Airport District Lori D. Ballance