BOARD MEETING DATE: December 3, 2010
AGENDA NO. 4

PROPOSAL:

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

SYNOPSIS:

The current contracts for legislative and regulatory representation in Washington D.C. will expire on January 14, 2011 for Kadesh & Associates, LLC and on December 31, 2010 for B&D Consulting. Staff is satisfied with their performance and continued representation in Washington, D.C. is necessary to further AQMD policy positions at the federal level. The current contracts have an option for two one-year extensions. This action is to approve the first one-year extension of the existing contracts for legislative and regulatory consulting services in Washington, D.C. for Calendar Year 2011. Total contract amounts for Kadesh & Associates and for B&D Consulting is proposed to be the current contract amounts plus a Consumer Price Index increase.

COMMITTEE:

Legislative, November 12, 2010, Recommended for Approval

RECOMMENDED ACTIONS:

  1. Authorize the Chairman to approve the first one-year extension of the contracts with Kadesh & Associates, and with B&D Consulting, in a total amount not to exceed $427,518, for a one-year period, which includes a Consumer Price Index (CPI) increase.

  2. Appropriate $236,018 from the District’s Undesignated Fund Balance to Legislative & Public Affairs FY 2010-11 budget, Account 67450 – Professional & Special Services.

Barry R. Wallerstein, D.Env.
Executive Officer


Background

After a competitive process with multiple firms responding to a request for proposals, the Board selected B&D Consulting and Kadesh & Associates, LLC, for legislative and regulatory representation in Washington, D.C. for 2010. The contract with Kadesh & Associates, LLC expires on January 14, 2011. The contract with B&D Consulting expires on December 31, 2010.

The firms have been effective in working with the Board and staff to maintain a continued and noticeable presence to advance the Board’s agenda for federal legislative and regulatory issues. They have organized successful Board trips and meetings with key offices that have resulted in stronger or new relationships with the Administration, Congress and other stakeholders in Washington, D.C. This year the consultants worked diligently with staff and the impacted public to seek a solution to the Clean Air Act Section 185 fee issue which was a Board priority item. The consultants have also worked hard to secure $5 million in DERA funding and they have also assisted staff with ARRA funding and other federal grants. Furthermore, policy successes are reflected in the inclusion of key items for the District in the Kerry-Lieberman bill, the leading Climate Change bill in 2010. Similarly, their efforts helped result in the inclusion of several AQMD recommendations in the Surface Transportation Reauthorization Legislation. The consultants have represented AQMD well and continued representation in Washington, D.C. is necessary to further AQMD’s policy objectives in the future.

Proposal

Staff is satisfied with the performance of the two firms and wishes to retain them during calendar year 2011. Continuity of representation will help build on past relationships and policy initiatives to help increase the successful outcomes on AQMD policy objectives in 2011. Items anticipated to be on the agenda in 2011 include the legislative or administrative resolution of the federal Clean Air Act Section 185 fines that threaten businesses in the South Coast; New Source Review offsets; locomotive and marine vessel emissions; Surface Transportation Reauthorization; and appropriation requests. Legislative and regulatory advocacy is also needed to support new policy initiatives at the District. Finally, there will be many new legislators and perhaps new legislative leadership that will require targeted outreach and education efforts.

The present contracts, based on a competitive selection process, have options for two one-year extensions that may be exercised at the Board’s discretion pursuant to the original RFP. This proposal is to approve the first one-year extension of these contracts. 


Resource Impacts

Legislative & Public Affairs budget for FY 2010-11 contains insufficient funds for Legislative Advocacy in Washington, D.C., and additional funding is necessary in an amount of $236,018 to cover the cost of these contract renewals. Therefore it is recommended that $236,018 be appropriated from Undesignated Fund Balance to the Legislative & Public Affairs FY 2010-2011 Budget, Account 67450 – Professional and Special Services.
 




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