BOARD MEETING DATE: October 3, 2008
AGENDA NO. 11

PROPOSAL:

Amend Existing Contract for Legislative Representation in Washington, D.C.

SYNOPSIS:

The contract with Kadesh & Associates, LLC for legislative representation in Washington, D.C. expires on January 15, 2009. The contractor has performed above expectations this year, and continued representation in Washington, D.C. is necessary to further AQMD policy positions at the federal level. The current contract has an option for an additional one-year extension. This action is to amend the contract with Kadesh & Associates, LLC for legislative consulting services in Washington, D.C. for Calendar Year 2009 in an amount not to exceed $221,500 for a one year period, which represents the current contract amount plus a consumer price index increase.

COMMITTEE:

Legislative and Administrative, September 12, 2008, Recommended for Approval

RECOMMENDED ACTIONS:

Authorize the Chairman to amend the contract with Kadesh & Associates, in an amount not to exceed $221,500 for a one-year period.
 

Barry R. Wallerstein, D.Env.
Executive Officer


Background

Last year, the Board approved a one-year extension of the contract with Kadesh & Associates for legislative representation in Washington, D.C. to implement AQMD’s 2008 federal legislative agenda, in the amount of $215,000. The current contract with Kadesh & Associates expires on January 15, 2009.

Mark Kadesh, the principal of Kadesh & Associates, has been effective in working with the AQMD Board and staff to maintain a continued and noticeable presence in Washington, D.C., with respect to federal legislative matters. He has been instrumental in 2008 in moving forward the Chairman’s Mobile Source Fair Share Initiative and other AQMD legislative initiatives at the federal level. The contractor has performed above expectations this year, and continued representation in Washington, D.C. is necessary to further AQMD’s policy objectives. For example, the Marine Vessel Emission Reduction Act of 2007 was introduced as S. 1499 by Senator Barbara Boxer and Senator Dianne Feinstein in the United States Senate; and as H.R. 2548 by Congresswoman Hilda Solis in the House of Representatives. S. 1499 was a part of a U.S. Senate legislative policy committee hearing in February 2008 and a markup committee hearing in May 2008. The bill passed out of the Senate policy committee with bipartisan support and is currently eligible to be taken up by the full Senate. If signed into law, this bill would significantly curb sulfur oxide emissions and other pollution from ocean-going vessels coming into U.S. ports. The Marine Vessel Emission Reduction Act of 2007 is a key component of the Chairman’s Mobile Source Fair Share Initiative, and is critical for this region to meet the 2014 federal standard for fine particulate matter (PM2.5).

Further, Mark Kadesh is also working to turn other components of the Chairman’s Initiative into legislation. Specifically, he is actively engaged in working with Senator Boxer and her staff with regard to introducing federal locomotive legislation in early 2009. In addition, Senator Boxer has held two Senate Environment & Public Works Committee hearings in Southern California on air quality issues.

Mark Kadesh has also facilitated communications and a meeting with the Senate Environment and Public Works (EPW) Committee regarding new long-term legislation relating to surface transportation and transit, in order to ensure that air quality concerns are addressed by this important legislation in future. As a result of his efforts, AQMD has been invited to participate in a field hearing regarding this legislation, to be held in Southern California in September 2008.

In addition, Mr. Kadesh will continue facilitating interactions between AQMD and the Senate EPW Committee with respect to federal climate change legislation and concurrent and co-beneficial reduction of criteria air pollutants and air toxics.

Further, Kadesh & Associates has secured key federal legislative meetings and communications which have increased the likelihood that AQMD and its initiatives will receive federal appropriations in early 2009 relating to diesel emission reduction and alternative fuel vehicles. Finally, the efforts of the consultant have helped to solidify AQMD’s role as a resource to the federal legislators.

The Board adopted an ambitious legislative agenda for 2008 for Washington, D.C. The 2008 federal legislative agenda was significantly enhanced from the prior year’s goals and objectives, and the 2009 federal legislative priorities, to be submitted to the Board for approval at this meeting, will continue to build upon and develop a more robust federal program to support the Board’s objectives. This includes initiatives related to surface transportation, locomotives, climate change, aircraft emissions, and appropriations in addition to marine vessel emissions controls. Enhanced assistance and dedicated representation in Washington, D.C., is necessary to further AQMD policy positions and effectively implement the upcoming 2009 federal legislative agenda.

Since Mark Kadesh is a consultant with an exceptional performance record and has clearly met the Board’s expectations in 2007 and 2008, it is recommended that his contract be renewed for a sum not to exceed $221,500 for performing all legislative services, including appropriations, for the Board in Washington, D.C. in 2009. The recommended amount is the same as last year plus a consumer price index (CPI) increase.
 

Proposal

Mark Kadesh is the principal of the firm, Kadesh & Associates, LLC, which is servicing the existing contract with AQMD. Chris Kierig, who was instrumental in securing earmarks of about $5 million for diesel emission reductions, and about $1 million for plug-in hybrid vehicle research for AQMD, is also a member of the firm. The existing contract for legislative representation in Washington, D.C., is due to expire on January 15, 2009, and has an option for an additional one-year extension that may be exercised at the Board’s discretion pursuant to the original RFP. Therefore, this proposal is to amend contract #7193 with Kadesh & Associates, LLC for legislative consulting services in Washington, D.C. for an amount not to exceed $221,500 for a one-year period, which represents the current contract amount plus a CPI increase.
 

Resource Impacts

Funding for the contract is available in the Public Affairs FY 2008-09 Budget.




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