Community Development Agency
www.santa-ana.org/cd
Item # 3
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 15, 2025
TOPIC: Agreement with Orrick, Herrington & Sutcliffe LLP for Bond Counsel Services
AGENDA TITLE
Agreement with Orrick, Herrington & Sutcliffe LLP for On-Call Bond Counsel Services for the Housing Authority
RECOMMENDED ACTION
Authorize the Executive Director of the Housing Authority to execute a three-year agreement with two, one-year renewal options with Orrick, Herrington & Sutcliffe LLP to provide on-call bond counsel services for a term beginning July 15, 2025 through July 14, 2028, for an amount not-to-exceed $150,000 for the entire Agreement (inclusive of renewal options).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On April 16, 2025, the Housing Authority issued a Request for Proposals (RFP # 25- 066A) soliciting applications from highly qualified and experienced law firms to provide on-call bond counsel services on all debt issues, bond issuances, maintenance, and dissolution, and specialized legal counsel related to affordable housing finance, tax opinions, and additional legal services related to various questions that may arise from time-to-time on programs, debt or borrowing matters, and general statutory or constitutional law (Exhibit 1). The RFP was posted on the City’s website and PlanetBids, and letters announcing the RFP were e-mailed to six individual firms.
Responses to the RFP were accepted until May 6, 2025.
The Housing Authority received four (4) proposals prior to the submission deadline, although one (1) was deemed non-responsive. A Proposal Review Committee consisting of staff from the Housing Authority, Community Development Agency, and City Attorney’s Office met on June 5, 2025 to review and rank each proposal based on the following criteria as stated in the RFP: Experience of Key Personnel (20 points); Experience/Past Performance/References (30 points); Proposer Qualifications (30 points); and Billing Rates (20 points). Below are the average scores for the three (3) responsive proposals received:
Agreement with Orrick, Herrington & Sutcliffe LLP for Bond Counsel Services July 15, 2025
5 1
8 8
Firm Average Score
Orrick, Herrington & Sutcliffe LLP 94
Hawkins Delafield & Wood LLP 92
Best Best & Krieger 84
Based on the evaluation criteria, staff recommends the City Council approve an agreement with Orrick, Herrington & Sutcliffe LLP (“Orrick”) to provide on-call bond counsel services for the Housing Authority (Exhibit 2).
The Housing Authority has worked with Orrick since 1992 with four (4) prior agreements providing similar bond counsel legal services. The most recent agreement with Orrick expired on May 31, 2025 and allowed Housing Authority staff to work with Orrick for specific legal questions for bonds that had been issued by the Housing Authority in the past.
Orrick has been ranked the No. 1 bond counsel firm in the country for the last 25 years and is the leading practice in California and in the country for financing multifamily housing with tax-exempt bonds. Orrick’s proposal demonstrated exceptional qualifications, service offerings, and competitive pricing. Their national and California market leadership, comprehensive on-call services, highly qualified personnel, and strong references set them apart from other respondents. This on-call agreement with Orrick will allow the Housing Authority and the City to be prepared when a developer is interested in using bond financing for an affordable housing project and for the maintenance of the City’s existing bond financing contracts.
FISCAL IMPACT
Funding is available in the FY 25-26 under the Housing Authority Contract Services – Professional account (no. 14018760-62300). Subsequent funding and the renewal options, if exercised, will be budgeted in future fiscal years for expenditure as shown in the table below:
Fiscal
Year
Accounting Unit –
Account # Fund Description Accounting Unit,
Account Description Amount
Contract (3-Year Term)
FY 25-26 14018760-62300 Housing Authority –
Voucher Admin
Contract Services –
Professional $30,000
FY 26-27 14018760-62300 Housing Authority –
Voucher Admin
Contract Services –
Professional $30,000
FY 27-28 14018760-62300 Housing Authority –
Voucher Admin
Contract Services –
Professional $30,000
Optional Two, 1-Year Extensions
FY 28-29 14018760-62300 Housing Authority –
Voucher Admin
Contract Services –
Professional $30,000
FY 29-30 14018760-62300 Housing Authority –
Voucher Admin
Contract Services –
Professional $30,000
Total Contract Amount $150,000
Agreement with Orrick, Herrington & Sutcliffe LLP for Bond Counsel Services July 15, 2025
5 1
8 8
EXHIBIT(S)
1. RFP for On-Call Bond Counsel Services for the Housing Authority
2. Agreement with Orrick, Herrington & Sutcliffe LLP
Submitted By: Michael L. Garcia, Executive Director, Community Development Agency Approved By: Alvaro Nuñez, City Manager