BOARD MEETING DATE: August 13, 1999 AGENDA NO. 7


PROPOSAL:

Execute Contract with Allan Lind and Associates for Legislative Representation in Sacramento, CA

SYNOPSIS:

The current contract for Legislative Representation in Sacramento,
CA, expires January 25, 2000. Allan Lind & Associates has successfully represented the AQMD in Sacramento on many issues and was instrumental in obtaining reauthorization of the AQMD's Clean Fuels Program. This action is to approve a contract with Allan Lind & Associates for two additional years, through December 31, 2001, with an option to renew for one additional year. Funding for the first year is contained in the FY 1999-2000 Budget. Funding for the second and third year will be contingent upon Governing Board approval of the Budget for the respective fiscal years.

COMMITTEE:

Administrative, July 23, 1999, Recommended for Approval

RECOMMENDED ACTION

Authorize the Chairman to execute a contract with Allan Lind and Associates for Legislative Representation in Sacramento, CA, for a period of two years, with an option to renew for one additional year. Funding for this contract shall not exceed $125,000/year.

Barry R. Wallerstein, D.Env.
Executive Officer


Background

The AQMD needs a legislative presence in Sacramento to forward Board policies and AQMD programs. This effort includes providing technical information and assistance to Legislators regarding air quality matters, providing liaison with Legislators regarding the Board’s Children and Environmental Justice Initiatives, and advocacy of the AQMD’s position on air quality-related bills. The Administrative Committee recommends continuing the services of Allan Lind and Associates rather than issuing an RFP for such services.

The AQMD has contracted with Allan Lind and Associates since January, 1998. Of highest priority during this period was the reauthorization of the AQMD's Clean Fuels Program. Mr. Lind's approach, of which Board member and Executive Officer participation was key, was successful in securing reauthorization of this program. Senate Bill 98 (Alarcón) was signed by the Governor on June 8, 1999 and extends the Clean Fuels Program through January 1, 2005. In addition to this accomplishment, Allan Lind and Associates have also been instrumental in negotiating amendments to many bills, which could have had an adverse or beneficial impact on the AQMD.

Sole Source Justification

Section II, Step 3(C) of the Consultant Selection Policy and Procedure identifies four provisions under which a sole-source award may be justified: (1) cost to prepare documents exceeds cost for consultant, (2) delay would result in the endangerment of public health, (3) services are only available from sole source, and (4) other circumstances exist identifying sole source as in the best interests of the AQMD. Sole source justification for this proposal is made under provision (4).

Allan Lind and Associates provides comprehensive governmental relations services, including representation and advocacy. His firm's areas of specialization include air pollution control, compliance with state laws, rules and regulations, development and implementation of legislative programs, and coordination of intergovernmental relations programs. Mr. Lind has been a regular contributor on clean air and environmental protection matters for many years. Prior to establishing his consulting and lobbying practice, Mr. Lind served nearly 12 years as Principal Consultant for Environmental Affairs with the California State Assembly Committee on Ways and Means. He is an expert on the State Budget process, which enables his firm to assist the AQMD in pursuing needed state funding for our programs.

The services rendered by Allan Lind and Associates have facilitated and improved rapport with both elected and appointed officials. This representation has been critical over the past one and one-half years as the AQMD transferred lobbyist responsibilities from internal staff to contracted consulting services. Mr. Lind's responsiveness to both Board and staff has been excellent. While our Clean Fuels Reauthorization is a major accomplishment, there have been numerous other bills that Lind and Associates have successfully negotiated for the AQMD to ensure that amendments are included on behalf of the South Coast District.

It is critical that AQMD be represented in Sacramento by a skilled team of lobbyists who understand the operations of the District and have expertise and experience in our key program areas. It is for these reasons that Allan Lind and Associates proposes to form a team with Allan Lind as lead lobbyist and overall coordinator; Michael Y. Corbett and Associates to participate in the day-to-day legislative affairs; and Leal, Olivas & Jaureguí to oversee special projects as well as participating in legislative contacts.

Good representation of the South Coast Basin depends on the services of a consultant who not only establishes a team that has access to all legislators but a team that follows through on all matters involving the AQMD and the Legislature. Mr. Lind has not only established himself as a dependable liaison for the AQMD, but his reputation in Sacramento with members, the Business community, and Environmental groups has been an asset for the AQMD. Staff believes that it is in the best interest of the AQMD to continue legislative consulting services with Allan Lind and Associates to ensure consistency and continuity in representation in Sacramento on behalf of the AQMD.

Resource Impacts

The funding of $125,000 for the first year is included in the FY 99-2000 Budget. Funding for the second and third year will be proposed as part of the budget for the respective fiscal years.

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