BOARD MEETING DATE: May 2, 2008
AGENDA NO. 12

RECOMMENDED ACTIONS:

1. Authorize the Executive Officer to enter into a contract with Carol Coy to provide expert technical consulting services related to enhanced enforcement programs, including the Portable Equipment Registration Program (PERP) and area-wide inspections, and RECLAIM implementation and a future enhanced cap-and-trade program, at a rate of $150 per hour for a total contract amount not to exceed $50,000, for the period May 15, 2008 – May 15, 2009.

2. Approve findings that: at the time she left AQMD employment, (1) Ms. Coy was responsible for overseeing the development and implementation of AQMD programs, policies and procedures; (2) that her services are necessary to assure the continued effectiveness of programs; (3) that the contract is only for that period of time necessary for Ms. Coy’s work on these programs; and (4) that Ms. Coy is the most qualified person to provide the needed services.
 

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Carol Coy, who had 26 years of experience at AQMD when she retired on March 28 of this year, had been Deputy Executive Officer over Enforcement and Compliance since 1999. The following are some of her key accomplishments:

• Helped develop the first landfill rules, key elements of which have been incorporated into federal EPA landfill regulations
• Helped develop—and has run since its inception—the agency’s 24 / 7 emergency response program
• Worked with legal staff, industry, and the public to create the least burdensome Title V program and to integrate it with AQMD rules
• Responsible since its inception in 1993 for implementation of the RECLAIM program, and developed audit systems and consistent interpretations that resulted in high allocation compliance rates
• Instrumental in refinery phase out of concentrated hydrogen fluoride use that began in 1989 and culminated earlier this year in its final replacement
• Led agency efforts to eliminate open storage of petroleum coke at refineries and in the port
• Worked with Disneyland to eliminate black powder in fireworks displays
• Led the effort to develop and implement refinery flare monitoring requirements that resulted in cleaner refinery operations, expanded vapor recovery system capacities, and greatly reduced emissions
• Worked with CAPCOA, industry, and CARB to develop statewide improvements to the Portable Equipment Registration Program and to increase compliance
• Led the effort to develop AQMD’s 1403 asbestos rule, which expanded to residential areas the protections provided in federal law
• Worked with Senator Lowenthal, the ports, marine terminals, and truckers to reduce truck queues and idling emissions at the ports
• Conducted hundreds of training programs for CARB and AQMD; chaired a number of symposiums, task forces, and public meetings; and testified before State legislative and federal Congressional committees
• Led efforts to streamline critical projects using innovative tools such as the MOU on refinery Phase 3 Reformulated Gasoline and the State of Emergency Executive Order to expedite clearing up fire debris
• Oversaw a field enforcement program that resulted in significant deterrent penalties, including a number of multi-million dollar settlements that generated funding for key community benefit and environmental improvement projects

Given the breadth and depth of her technical expertise, staff proposes to contract with Ms. Coy to provide expert technical consulting services related to key ongoing AQMD programs.
 

Proposal

It is therefore recommended that the Board authorize the Executive Officer to enter into a contract with Carol Coy to provide expert technical consulting services relating to enhanced enforcement programs, including PERP and area-wide inspections, and to RECLAIM implementation and a future enhanced cap-and-trade program. The contract, which will be for the period May 15, 2008 – May 15, 2009, will be in an amount not exceed $50,000 and the pay rate will be $150 per hour.
 

Sole-Source Justification

Section V of AQMD’s 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 Governing Board or Executive Officer, require such waiver in the best interests of AQMD.

Ms. Coy has for many years effectively developed and implemented critical technical programs and has unique expertise to provide needed technical services to permit AQMD effectively to carry out mission-critical programs.
 

California Health and Safety Code Section 40426.7 Requirements

To award a contract for employment services to Ms. Coy, the Board must also make specific 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. Coy with regard to her proposed employment. The expert technical services included in this contract are vital to the proper organization and functioning of AQMD and relations with the regulated community and the public. Ms. Coy has been a central figure in the specific projects included in this contract, and 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 services set out in the contract, whichever is sooner. Ms. Coy has unique knowledge and experience and has formed working relationships with AQMD staff that make her the most qualified person to provide these critical services.
 

Fiscal Impacts

The total cost of this contract will not exceed $50,000. Sufficient funds are available in the FY 2007-08 Budget.
 

ATTACHMENT

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 Carol Coy for expert technical services, 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 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