BOARD MEETING DATE: July 8, 2005
AGENDA NO. 3

Execute Contract for Port- and Railroad-related Projects

SYNOPSIS:

Staff proposes to contract with Zorik Pirveysian, a former AQMD Planning and Rules Manager (who left AQMD employment on June 17, 2005) to provide assistance with port- and railroad-related tasks occurring over the next year. Health and Safety Code Section 40426.7 requires the Board to make certain findings before contracting with certain AQMD employees within twelve months following the employee’s departure. Although Section 40426.7 applies to Mr. Pirveysian’s contract, the Board can make all the findings with regards to his proposed contract.

COMMITTEE:

Administrative, June 10, 2005. Less than a quorum was present during the discussion of this item; the Committee Member present communicated his concurrence.Administrative, June 10, 2005

RECOMMENDED ACTION:

Adopt the attached Resolution:

1. Authorizing the Executive Officer to enter into a level-of-effort contract with Zorik Pirveysian, for assistance with port- and railroad-related projects at an hourly rate of $90.00 for a total amount not to exceed $10,000.00, terminating up to one year from date-of-execution of the contract or when the tasks described in the contract are completed, whichever is sooner.
    
2. Approving the findings that: (1) at the time Mr. Pirveysian left AQMD employment, Mr. Pirveysian was working on one or more programs that are of great importance to the South Coast Air Quality Management District, (2) that Mr. Pirveysian’s services are necessary to assure the continued effectiveness of the program or programs, (3) that the contract is only for that period of time necessary to complete Mr. Pirveysian’s work on the program or programs, and (4) that Mr. Pirveysian is the most qualified person to provide the needed services.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The AQMD has a need for services on port- and railroad-related projects in the wake of the departure of Zorik Pirveysian, AQMD’s Planning and Rules Manager, on June 17, 2005. Mr. Pirveysian has held this position since May 2002, after being a Program Supervisor for 11 years at AQMD. During his tenure, he has been involved in a number of important projects related to ports and railroads that are still in progress. Recently, Mr. Pirveysian has been an active participant in the development of the Port of Los Angeles (POLA) draft No Net Increase (NNI) Plan. Representing AQMD since September 2004, he has been a member of the POLA’s NNI Task Force, commissioned by Mayor Hahn and chaired by the Board of Harbor Commissioners, as well as an active member of the POLA’s NNI Technical and Financial Working Groups. In these capacities, Mr. Pirveysian has made significant contributions to: 1) review and critique of the POLA’s 2001 baseline emissions inventory covering major source categories of ocean-going vessels, harbor craft, cargo handling equipment, heavy-duty trucks, and locomotives; 2) evaluation of a number of scenarios for growth forecast and emissions projections for these source categories up to year 2025 and recommending the most appropriate scenarios; and 3) development of a number of innovative control strategies aimed at reducing emissions from all port-related mobile sources and achieving the NNI objective; and 4) assessing the impacts of the proposed measures in terms of technology feasibility, emissions reduction potential, implementation issues, control costs and health benefits. In addition, Mr. Pirveysian has provided extensive assistance in support of proposed legislative initiatives for reducing emissions from ports and locomotive operations and has evaluated the potential impacts of these proposals on these emission sources with respect to existing and future regulations, applicable control technologies, and cost.

Section VIII, (B)(2) of the Procurement Policy and Procedure identifies four major provisions under which a sole-source award may be justified. This request is made under provision (4): "Other circumstances exist, which in the determination of the Executive Officer, require such waiver in the best interests of the District." Mr. Pirveysian has over 20 years experience in the public and private sectors (17 years with AQMD). During his employment at AQMD, he has been intimately involved in projects related to ports and railroad operations which contribute to a significant portion of the air quality problem in the Basin. He has an in-depth understanding of the emissions inventory methodologies, existing and proposed state and federal regulations, control technologies and implementation issues related to these source categories. In order to reduce the adverse impacts of these sources on localized toxic air pollution for communities surrounding the ports as well as on regional air pollution, he has formulated and developed a number of effective and innovative emission reduction strategies for port sources and locomotive operations which are incorporated into the POLA's NNI draft plan. As the manager of the 2003 Air Quality Management Plan, he is very familiar with both the technical and policy development aspects of comprehensive air quality strategies. His expertise in port- and railroad-related projects as well as his in-depth knowledge and understanding of AQMD programs and policies, make Mr. Pirveysian the most qualified and best suited person to provide the needed services.

To award a level-of-effort contract for employment services to Mr. Pirveysian, the Board must also make the findings under California Health & Safety Code Section 40426.7 (b), Restrictions on Former District Employees. The Board must find that:
(1) the employee was working on one or more programs that are of great importance to the south coast district, (2) that the services of the employee are necessary to assure the continued effectiveness of the program or programs, (3) that the contract is only for that period of time necessary to complete the employee’s work on the program or programs, and (4) that the employee is the most qualified person to provide the needed services. These findings must be made by a two-thirds vote.

The Board can make these findings as to Mr. Pirveysian with regard to his proposed employment. Each of the projects included in this contract is vital to the current strategic planning of the AQMD. Examples of projects for which Mr. Pirveysian will provide assistance include, but are not limited to, port-related projects such as the Port of Los Angeles No Net increase efforts, the marine vessels emission inventory updates, railyard and railroad-related projects such as providing technical support for the proposed legislative initiatives (e.g. SB 459 and AB 888), review of ARB’s proposed rule for cargo handling equipment and support for AQMD railroad rulemaking. Mr. Pirveysian has been a central figure in each of these projects, and consequently, his services are necessary to ensure their continued effectiveness. This request is for authorization for a contract that terminates up to one year or upon completion of the projects set out in the contract, whichever is sooner. Mr. Pirveysian has key knowledge, experience, and working relationships with the District’s Planning and Technology Advancement staff as well as staff from CARB, U.S. EPA, the Ports and industry, such that he is the most qualified person to provide the needed services.

Proposal

It is therefore recommended that the Board authorize the Executive Officer to enter into a level-of-effort contract with Zorik Pirveysian, for providing assistance on port- and railroad-related projects with a contract rate of $90.00 per hour, with total funding not to exceed $10,000.00, terminating up to one year from date-of-execution of the contract or when the tasks described in the contract are completed, whichever is sooner. Staff would only utilize Mr. Pirveysian’s services in those areas where his knowledge and experience are essential. A task order would be prepared prior to any work to be performed by Mr. Pirveysian.

Resource Impact

The total cost of this contract will not exceed $10,000.00. Sufficient funds are available in Professional and Special Services Account of the FY 2005-06 Budget.
 

FINDINGS

PURSUANT TO HEALTH & SAFETY CODE §40426.7

The Governing Board of the South Coast Air Quality Management District makes the following findings with respect to a contract with Zorik Pirveysian, for providing assistance on port- and railroad-related projects, which is more fully described in the accompanying Governing Board letter:

1. At the time the employee, Mr. Pirveysian, left AQMD employment, the employee was working on one or more programs that are of great importance to the south coast district;
    
2. that the services of the employee are necessary to assure the continued effectiveness of the program or programs;
    
3. that the contract is only for that period of time necessary to complete the employee’s work on the program or programs, and
    
4. that the employee is the most qualified person to provide the needed services.

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