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1 <br />ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: June 24, 2008 <br />Action Agenda <br />Item No. ~ -- GG <br />SUBJECT: UNC Landfill Gas Project -Engagement of Specialized Legal Counsel and <br />Conflict of Interest Waiver <br />DEPARTMENT: County Manager's Office and PUBLIC HEARING: (Y/N) No <br />Solid Waste Management <br />ATTACHMENT(S): <br />1. Legal Services Engagement Letter <br />2. Conflict of Interest Waiver Consent <br />3. David M. Meezan, Esq., Resume <br />INFORMATION CONTACT: <br />Gwen Harvey, Assistant County <br />Manager, 245-2307 <br />Gayle Wilson, Solid Waste, 968-2885 <br />Brian Ferrell, County Attorney's Office <br />732-2196 <br />PURPOSE: To approve the engagement of the law firm of Alston & Bird, LLP, and attorney <br />David M. Meezan, and his associate, Timothy Wang, to assist the County with the final <br />negotiation and drafting of an agreement for a landfill gas recovery project with UNC, and to <br />approve the County's execution of a conflict of interest waiver due to Alston & Bird's <br />representation of UNC in unrelated legal matters. <br />BACKGROUND: On April 15, 2008, the BOCC authorized staff to move forward with the <br />development of a final contract with UNC for a landfill gas recovery project. At that time, the <br />BOCC was informed that the County would seek to engage specialized legal counsel to assist <br />with the negotiation and drafting of a final agreement with UNC. Staff and the County Attorney's <br />office, with the assistance of the County's solid waste consultant, Olver, Incorporated, identified <br />attorney Dave M. Meezan with the law firm of Alston & Bird in Atlanta, Georgia as having the <br />relevant legal experience to advise the County in this matter. <br />Mr. Meezan is a partner in Alston & Bird's Energy Infrastructure, Climate Change and <br />Technology practice group. Mr. Meezan has previously assisted in the negotiation and drafting <br />of similar gas to energy contracts in the past, and has extensive knowledge of the regulatory <br />practices applicable to landfills and the emerging carbon market. Mr. Meezan's resume is <br />attached for a more detailed listing of his relevant experience. UNC has engaged attorney <br />Phillip L. Comella of the Seyfarth Shaw, LLP, law firm in Chicago, Illinois as its legal consultant <br />on this project. <br />Alston & Bird currently represents UNC in certain patent and intellectual- property matters that <br />are unrelated to the landfill .gas project. Alston & Bird has requested, consistent with the rules of <br />