BOARD MEETING DATE: December 3, 2004
AGENDA NO. 3B

Execute Sole-Source Contract for Legislative Representation in Sacramento, California

SYNOPSIS:

This action is to award a sole-source contract to California Strategies for legislative representation in Sacramento, California from January 1, 2005 to December 31, 2005 with an option for contract extension for one additional calendar year. Total funding for this contract is not to exceed $180,000.

COMMITTEE:

Special Meeting of the Legislative Committee, December 1, 2004, Recommended for Approval

RECOMMENDED ACTION:

Authorize the Chairman to:

1. Cancel September 2004 RFP for Legislative Services in Sacramento.
    
2. Appropriate $130,000 from the Undesignated Fund Balance to the Public Affairs FY 2004-05 Budget, Professional and Specialized Services Account for Legislative Representation in Sacramento, California.
    
3. Authorize the Chairman to execute a contract with California Strategies, for an amount not to exceed $180,000 for Legislative Representation in Sacramento, California.

Beatrice J.S. LaPisto-Kirtley, Chair
Legislative Committee

Background

Currently, the AQMD contracts with Allan Lind & Associates and Richard Polanco (Tres Es, LLC) as its two principal legislative consultant teams in Sacramento. Both firms have been instrumental in working with AQMD staff (i) to secure funding for continuation of AQMD Clean Fuels Program for an additional five years until 2010, and (ii) for the inception of a new Large-Scale Emission Reduction Program (LERP) which has been partially funded by the Schwarzenegger Administration through the State budget process. The Board has also set state legislative priorities for 2005 in Sacramento, which include significant and important legislative proposals that will quantify, mitigate or ameliorate the undesirable health effects of mobile source emissions, and seek additional funding for LERP. The latter is necessary to fulfill the emission reduction requirements of the AQMP. Additional assistance is needed in Sacramento for the success of these legislative proposals, as well as other anticipated issues. An RFP with a $50,000 funding cap was authorized by the Board in September 2004, duly released, and received only two responses. Staff recommends that the RFP be cancelled and that a sole-source contract be secured with California Strategies for Calendar Year 2005, not to exceed $15,000 per month for a total commitment of up to $180,000. Staff believes that further services are needed in Sacramento, and that an intimate familiarity with how a Governor’s office functions is required. The two submittals received in response to the RFP do not meet these revised requirements.

Proposal

California Strategies is a strategic consulting firm located in Sacramento with unique skills in public policy and government decision-making. Their principal, Bob White, formed this company in 1997, after completing a distinguished 32-year career in close partnership with former California Governor and U.S. Senator Pete Wilson. Mr. White served as Chief of Staff for former Governor Wilson. More recently, he also served as Chief of Staff/Campaign Manager in the election of Governor Schwarzenegger. His knowledge, expertise, and contacts in Sacramento and his extraordinary experience in handling legislative issues, including high-profile bills, make him an ideal legislative consultant for pursuing the Board’s objectives at the state level in 2005. The contract will also include services of associates with California Strategies, who bring extensive experience and expertise in working on environmental issues. In addition, former State Senator Brulte is joining California Strategies and will be available for periodic strategic advice.

Benefits to AQMD

The growth of mobile source emissions and the associated health and air quality impacts of the associated pollution present a clear danger to public health today and in the future. Chief among such sources are the ports and railroads. The Board sponsored legislation during the last two sessions in Sacramento, dealing with the control and mitigation of diesel emissions from railroads and railyard operations. This year, the Board has again authorized staff to pursue legislative remedies in this area, which will bring under control and public scrutiny one of the largest under-regulated and growing sources of diesel emissions in Southern California. The success of this effort will be primarily contingent upon the close cooperation of an outstanding team of legislative consultants, including California Strategies, under the direction of the Board.

Sole Source Justification

In the "Procurement Policy and Procedure" document, Section VIII outlines the provisions for awarding a sole-source contract. Specifically, under item B. 2.c (1), "The desired services are available from only the sole-source based upon …the unique experience and capabilities of the proposed contractor." As explained above, the team led by Bob White is uniquely qualified to provide the appropriate level of support for the Board’s legislative agenda in Sacramento, and no other consultant could be identified, with the breadth of experience relative to both the day-to-day functioning within a Governor’s office and the Legislature, who is capable and/or available to provide the same services at the identified cost.

Resource Impacts

Sufficient funds are available in the AQMD General Fund's undesignated balance account for the transfer of funds to Public Affairs FY 2004-05 Budget for Professional and Specialized Services Account for Legislative Representation in Sacramento, California from January 1, 2005 to June 30, 2005. Funding for the period of July 1, 2005 through December 31, 2005 is contingent upon Board approval of the Budget for the respective fiscal years.

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