250173__Response_from_James_M_Donich__Form_700_Review_-_Telephone_Town_Call_Services.pdf

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Attached to
Informal Request for Proposals (RFP) Telephone Town Call Services
Solicitation number
250173
Issued by
Orange County, California

About this file

This is a legal opinion document from the Orange County Transportation Authority (OCTA) General Counsel regarding Form 700 conflict of interest filing requirements related to an Informal Request for Proposals for Telephone Town Call Services. The RFP seeks qualified firms to provide in-house software to develop and administer a countywide telephone town call system. The contract term is one year, effective May 1, 2026 through April 30, 2027, with a budget of $35,000.

In his written determination dated February 3, 2026, OCTA General Counsel James M. Donich concluded that personnel performing services under this RFP and Statement of Work would not be required to file Form 700s under OCTA's Conflict of Interest Code. Donich's opinion was based on his analysis that consultant personnel would not authorize or direct actions, votes, appoint persons, obligate or commit OCTA to any course of action, or enter into contractual agreements on behalf of OCTA. Additionally, no personnel provided under this RFP would provide information, opinions, or recommendations for decision-making without significant intervening substantive review by OCTA personnel, counsel, and management.

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From: James M. Donich To: Desiree Fernandez Subject: Re: Form 700 Review - Telephone Town Call Services Date: Tuesday, February 3, 2026 8:42:48 AM

I have reviewed the SOW for Telephone Town All Services as to whether the personnel performing these duties would be required to file Form 700's under OCTA's Conflict of Interest Code. Based upon my review, it is the opinion of General Counsel that this RFP and the SOW would not require the filing of Form 700's. The consultant personnel anticipated by this RFP would not authorize or direct any actions, votes, appoint any person, obligate or commit OCTA to any course of action or enter into any contractual agreement on behalf of OCTA.

Moreover, no personnel provided for by this RFP would provide information, an opinion or a recommendation for the purpose of affecting a decision without significant intervening substantive review by OCTA personnel, counsel and management.

James Donich OCTA General Counsel

James M. Donich Shareholder D: 714-415-1015 jdonich@woodruff.law 555 Anton Boulevard, Suite 1200 Costa Mesa, California 92626 Celebrating 50 years of excellence www.woodruff.law

CONFIDENTIALITY NOTICE – This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at 714-415-1015 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.

From: Desiree Fernandez <dfernandez1@octa.net> Date: Monday, February 2, 2026 at 3:26 PM To: James M. Donich <jdonich@woodruff.law> Subject: Form 700 Review - Telephone Town Call Services mailto:jdonich@woodruff.law mailto:dfernandez1@octa.net mailto:jdonich@woodruff.law https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.yourdomain.url%2F&data=05%7C02%7Cdfernandez1%40octa.net%7Cce272ac5cace428322a608de63433ed7%7C1e952f6cc8fc4e38b476ab4dd5449420%7C0%7C0%7C639057337673245201%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=se2CGIdDkOukSJHUClsq3mm9oersyfqjrmt4J7t%2B2EU%3D&reserved=0 https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.woodruff.law%2F&data=05%7C02%7Cdfernandez1%40octa.net%7Cce272ac5cace428322a608de63433ed7%7C1e952f6cc8fc4e38b476ab4dd5449420%7C0%7C0%7C639057337673286961%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=ga6wLH%2FDtliNfYSmO2Nmxjr9XM5jxY8lk6HuI3Jdwvo%3D&reserved=0

Hi James, As part of the Form 700 procedures that CAMM is required to follow as a result of the recent Internal Audit, attached please find the scope of work for Telephone Town Call Services. Upon your review, please provide your written determination if the agreement awarded as a result of this solicitation will be subject to the Form 700 requirements. If you require additional information, please let me know.

Thank you, Desiree Fernandez | Associate Contract Administrator Procurement Contracts Administration and Materials Management Orange County Transportation Authority 550 South Main Street

PO BOX 14184

Orange, CA 92863

(714) 560-5811 dfernandez1@octa.net

The information in this e-mail and any attachments are for the sole use of the intended recipient and may contain privileged and confidential information. If you are not the intended recipient, any use, disclosure, copying or distribution of this message or attachment is strictly prohibited. If you believe that you have received this e-mail in error, please contact the sender immediately and delete the e-mail and all of its attachments.

mailto:dfernandez1@octa.net

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