BOARD MEETING DATE: February 6, 2009
AGENDA NO. 11

PROPOSAL:

Execute Contract with Cheryl Wade to Provide Expert Technical Consulting Services and Approve Findings Supporting Contract

SYNOPSIS:

This action is to execute a contract with Cheryl Wade, former Financial Services Manager, who retired from AQMD employment on January 2, 2009, to provide expert technical consulting services regarding final testing and acceptance of several financial system enhancements. Additionally, this action is to approve findings under Health and Safety Code section 40426.7, which requires the Board to make specific findings before contracting with certain District employees within 12 months following retirement. Sufficient funds are available in the FY 2008-09 Budget.

COMMITTEE:

Administrative, January 16, 2009, Recommended for Approval

RECOMMENDED ACTIONS:

1. Authorize the Executive Officer to enter into a contract with Cheryl Wade to provide expert technical consulting services related to the testing and acceptance of enhancements to Finance’s billing prorations program, Compliance Plan annual billings, and other CLASS-related finance enhancements, at a rate of $100 per hour for a total contract amount not to exceed $20,000, for the period February 6, 2009 – December 31, 2009.
    
2. Approve findings that: at the time she left AQMD employment, (1) Ms. Wade was responsible for overseeing the development of financial systems requirements and implementation of AQMD financial programs; (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. Wade’s work on these programs; and (4) that Ms. Wade is the most qualified person to provide the needed services.
    

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Cheryl Wade, who had 26 years of experience at AQMD when she retired on January 2 of this year, had been Financial Services Manager over Billing Services, Grants management, Budget and financial analysis since 1992. Given the level of experience and knowledge of AQMD financial systems, staff proposes to contract with Ms. Wade to provide expert technical consulting services related to implementing key enhancements to AQMD financial programs.
 

Proposal

It is therefore recommended that the Board authorize the Executive Officer to enter into a contract with Cheryl Wade to provide expert technical consulting services relating to enhancements to AQMD financial programs, including annual Compliance Plan billing and the prorations billing program. The contract, which will be for the period February 6, 2009 – December 31, 2009, will be in an amount not exceed $20,000 and the pay rate will be $100 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 interest of AQMD.

Ms. Wade has for many years effectively developed and tested financial system requirements necessary to implement and improve AQMD financial programs and has unique expertise with these in-house systems to provide the needed technical services to the AQMD.
 

California Health and Safety Code Section 40426.7 Requirements

To award a contract for employment services to Ms. Wade, 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. Wade with regard to her proposed employment. The expert technical services included in this contract are vital to the proper functioning of AQMD and relations with the regulated fee paying community and the public. Ms. Wade 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. Wade 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 $20,000. Sufficient funds are available in the FY 2008-09 Budget.
 

Attachment

Findings
 

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 Cheryl Wade 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