BOARD MEETING DATE: September 8, 2006
AGENDA NO. 11B

Authorize Executive Officer to Contract with Chery Cooper to Provide Services as WebEditor, and Approve Findings Supporting Contract

SYNOPSIS:

Staff proposes to contract with Chery Cooper, former AQMD Administrative Assistant/WebEditor (who retires from AQMD employment on September 8, 2006), to provide services as WebEditor, overseeing the AQMD’s website content and leading the team of AQMD Web Deputies in accordance with IM policies and procedures.  Health and Safety Code section 40426.7 requires the Board to make certain findings before contracting with certain District employees within 12 months following retirement.  Pursuant to Section 40426.7, the Board can make all the findings with regards to Ms. Cooper’s proposed contract.

COMMITTEE:

Not applicable

RECOMMENDED ACTION:

1.  Authorize the Executive Officer to enter into a contract with Chery Cooper to provide services as WebEditor at an hourly rate of $50 per hour for no more than 960 hours commencing September 12, 2006.
2. Approve findings that: at the time she left District employment, (1) Ms. Cooper was responsible for overseeing the AQMD’s website content and leading the team of AQMD Web Deputies, in accordance with IM policies and procedures; (2) that her services are necessary to assure the continued effectiveness of the program; (3) that the contract is only for that period of time necessary for Ms. Cooper’s work on the program; and (4) that Ms. Cooper is the most qualified person to provide the needed services.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The AQMD’s website provides a valuable resource for outreach to both the regulated public and the communities affected by air pollution.  The website was completely redesigned and went live in early 2004.  This was the result of a collaborative effort between a team that included the AQMD’s information management staff, as well as staff from other offices throughout the organization, including Chery Cooper.  Ms. Cooper has acted as WebEditor since that re-design and is responsible for final review of all submittals that have previously been approved by the respective offices and prepared for publication.

Without Ms. Cooper’s continued involvement in the management of the AQMD website, the AQMD’s ability to effectively use this resource for outreach to the regulated community and the public would be severely hampered.  Accordingly, staff proposes that the Board authorize the Executive Officer to contract on a short term basis with Ms. Cooper to continue her responsibilities as WebEditor.  The contract rate shall be $50 an hour for no more than 960 hours. 

The AQMD’s Contracting and Purchasing Policy authorizes the use of a sole-source contract under the following circumstances: (1) the cost of the labor of preparing a bid solicitation package is in excess of the savings that would be derived from competitive proposals; or (2) public health and property may be endangered by the delay; or (3) prior experience has shown that the desired services are available from only one source; or (4) other circumstances exist, which in the determination of the Governing Board or Executive Officer, require such waiver in the best interests of the District.

This request is made under reason #4.  Ms. Cooper has been effectively overseeing the AQMD’s website content and leading the team of Web Deputies.  Her experience is necessary to allow the District to most effectively continue its outreach program through the website.

To award a contract for employment services to Ms. Cooper, the Board must also make the findings under California Health and Safety Code Section 40426.7, 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 Ms. Cooper with regard to her proposed employment.  Each of the projects included in this contract is vital to the proper organization and functioning of the SCAQMD and relations with the regulated community and the public.  Ms. Cooper has been a central figure in each of these projects, and consequently, her services are necessary to ensure their continued effectiveness.  This request is for authority for a contract that terminates within one year or upon completion of the projects set out in the contract, whichever is sooner.  Ms. Cooper as the AQMD’s former Administrative Assistant, has knowledge and experience, and has formed working relationships with the District’s IM staff and Web Deputies, such that she 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 contract with Chery Cooper to provide services as WebEditor with a contract rate of $50 per hour, for no more than 960 hours commencing September 12, 2006.

Fiscal Impacts

The total cost of this contract will not exceed $48,000 which will be offset by salary savings.  Sufficient funds are available in Professional and Special Services Account of the FY 2006-2007 Budget.

Attachments (DOC 290kb)
Findings
Contract

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 Chery Cooper for services as Administrative Assistant/WebEditor, which contract is more fully described in the accompanying Governing Board letter:

1. At the time she left District 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 in the program or programs; and
4. that the employee is the most qualified person to provide the needed services.