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HomeMy WebLinkAbout12-08-2014 Legislative and Public Affairs Committee Agenda Orange County Sanitation District O.0 ioWln Wednesday, December 8, 2014 WnIATION Legislative and Public 1 8:00 A.M. Affairs Special Committee 1 Administration Building Conference Room A& B 1 108 J Ellis Avenue Fountain Valley, CA (714) 593-7130 lssa-zg1� COMMITTEE MEMBERS: Tom Beamish (La Habra) David Benavides (Santa Ana) Tyler Diep (MCSD) Lucille Kring (Anaheim) John Nielsen (Tustin) Greg Sebourn (Fullerton) John Withers (IRWD) AGENDA PLEDGE OF ALLEGIANCE: DECLARATION OF QUORUM: PUBLIC COMMENTS: if you wish to speak, please complete a Speaker's Form and give it to the Clerk of the Board. Speakers are requested to limit comments to three minutes. REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Committee Members. These reports are for information only and require no action by the Committee. CONSENT ITEMS: 1. Approve minutes for the Committee meeting held on November 12, 2014. INFORMATIONAL ITEMS: 2. Federal Legislative Update 3. State Legislative Update 4. OCSD Public Affairs Update 121GS114 Legislative and Public Affairs Special committee Page 1 of 3 NON-CONSENT ITEM: 5. Recommend to the Steering Committee to: A. Approve a Professional Services Agreement with Townsend Public Affairs, Inc. for State Legislative Services, Specification No. CS-2014-6348D, for the period of January 1, 2015 through December 31, 2015 at a monthly rate of $5,000 per month and not to exceed $60,000 per year, with three one-year renewal options. B. Approve a Professional Services Agreement with ENS Resources for Federal Legislative Services, Specification No. CS-2014-633BD, for the period of January 1, 2015 through December 31, 2015 at a monthly rate of $7,500 per month and not to exceed of $90,000 per year, with three one- year renewal options. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Legislative and Public Affairs Special Committee meeting is scheduled for Monday, January 12, 2015, at 8:00 a.m. 121OW14 Legislative and Public Affairs Special Committee Page 2 of3 Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714) 593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Made E.Ayala Clerk of the Board (714)593-7130 mavalalglocsd.com For any questions on the agenda,Committee members may contact staff at: General Manager James D. Herberg (714)593-7300 iherberofgocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 mhirelli(a)ocsd.cem 121OW14 Legislative and Public Affairs Special Committee Page 3of3 ITEM NO. 1 MINUTES LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE MEETING Orange County Sanitation District The Legislative and Public Affairs Special Committee meeting convened on Wednesday, November 12, 2014, at 4:00 p.m. in the Administration Building of the Orange County Sanitation District. Director Brad Reese led the Flag Salute. A quorum was declared present, as follows: COMMITTEE MEMBERS STAFF PRESENT PRESENT: Jim Herberg, General Manager Tom Beamish, Board Chair Bob Ghirelli, Assistant General John Nielsen, Board Vice-Chair Manager John Withers, Administration Nick Arhontes, Director of Facilities Committee Chair Support Services David Benavides, Director Jeff Reed, Director of Human Tyler Diep, Director Resources Brad Reese, Director Rob Thompson, Director of Engineering Lorenzo Tyner, Director of Finance & Administrative Services COMMITTEE MEMBERS ABSENT: Maria E. Ayala, Clerk of the Board Greg Sebourn, Director Jennifer Cabral, Principal Public Affairs Specialist Kelly Newell, Public Affairs Specialist Norbert Gaia OTHERS PRESENT: Omar Sandoval, General Counsel Heather Stratman, Townsend Public Affairs Eric Sapirstein, ENS (via teleconference) PUBLIC COMMENTS: None. Minutes of the Legislative and Public Affairs Special Committee November 12,2014 Page 2 of 4 REPORTS: General Manager, Jim Herberg, reported that he would briefly be stepping out of the meeting to meet the Deputy Assistant Secretary of the U.S. Department of Energy who will be visiting OCSD to view the fuel cell station. Chair Beamish reported that, as Mayor of La Habra, he attended a meeting at the water district last week for elected officials. They were updated on the status and planning of water storage. CONSENT ITEMS: 1. MOVED, SECONDED, and DULY CARRIED to: Approve the minutes for the Committee meeting held on October 20, 2014. AYES: Beamish; Diep; Nielsen; and Reese NOES: None ABSTENTIONS: None ABSENT: Benavides; Seboum; and Withers INFORMATIONAL ITEMS: 2. Federal Legislative Update Mr. Sapirstein gave a brief update on the following: election outcomes and how the results would impact certain seats; future funding for certain projects (e.g. alternative energy, etc.); update on the EPA; and possible and pending legislation (e.g. drought bill, etc.). Directors Benavides and Withers arrived at 4:09 p.m. Chair Beamish reported that he did read Mr. Sapirstein's update included in the agenda packet. He asks that Mr. Sapirstein develop a list of officials in Washington that the District could meet with, possibly in January. The Committee agreed to have Mr. Sapirstein develop the list of officials, schedule the meetings, and identify pending or new items for discussion for said meetings. Minutes of the Legislative and Public Affairs Special Committee November 12,2014 Page 3 of 4 3. State Legislative Update Ms. Stratman reported on the following: provided a recap of the state election results, and how the results would be impacting certain seats; recommends the District reach out to the new members of the District's own delegation; outcome of Proposition 1, and potential trailer legislation; funding for water use efficiency projects; and information on new state grant programs. Chair Beamish asked that the same be done with state officials, as the Committee plans to do with visiting officials in Washington DC. The Committee also discussed preparation for state funding opportunities, visits to Sacramento, etc. 4. OCSD Public Affairs Update Bob Ghirelli, Assistant General Manager, introduced Jennifer Cabral, Principal Public Affairs Specialist; she will be heading the Public Affairs team from this point forward. Dr. Ghirelli announced that there is one more vacancy to fill in the Public Affairs office, that of the Sr. Public Affairs Specialist. This position will focus more on the legislative affairs of the District. Staff looks forward to bringing forward the new Public Affairs and Legislative Goals to the Committee in January. Ms. Cabral reported the District was awarded the CSDA Transparency Award; update on the November community events and career days attended; the District Public Affairs staff assisted the Water District with the recent event with the visit from the Governor; two recently published articles on the District having to do with the selection of the new financial management firm and the other with the recent spill in Newport Beach; working with AWWA on an article regarding 'What 2 Flush'; and the financial credit network contacting the District to do an article on the District's 60' anniversary. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Benavides asked for an update on the RFP process for lobbying services. Dr. Ghirelli responded that interviews had been completed, and procuring staff was in the process of contacting the firms. A recommendation to this Committee shall be forthcoming in December. Director Withers recommended the District consider holding an editorial Board briefing in the near future. Minutes of the Legislative and Public Affairs Special Committee November 12,2014 Page 4 of 4 ADJOURNMENT: Chair Beamish declared the meeting adjourned at 4:46 p.m. Submitted by: Maria E. Ayala Clerk of the Board ITEM NO. 2 Ll �V RESOURCES MEMORANDUM TO: Jim Colston FROM: Eric Sapirstein DATE: November 26, 2014 SUBJECT: Washington Update The midterm congressional elections passed and Congress returned to kick-off the Lame Duck Session, albeit for a little more than a week and then recessed until the beginning of December. The first week of the session targeted legislation that must be adopted prior to the end of the congressional session that is slated to conclude in mid-December. With the current continuing resolution expiring on December 11, Congress's focus has been on finalizing either a multi-months stopgap spending bill or an omnibus yearlong budget agreement. Both parties' congressional leadership is on record calling for a final spending agreement in order to begin the next Congress with a clean budget slate. However, disagreements on immigration and, perhaps more important, policy riders impacting USEPA rulemakings, could result in a combination stopgap/omnibus spending bill euphemistically referred to as a "cromnibus". This approach would package yearlong agency budgets with short- term agency budgets that would be revisited when the new congressional majority assumes power in January. Due to the limited congressional schedule in November, progress on key issues of interest was limited. Earlier in the month, we provided a summary of the anticipated reshuffling of committee assignments for both chambers and parties. The following summarizes some of the key issues of interest to the District. ENS Resources,Inc. 1101 Fourteenth Street N.W. Suite 350 Washington,D.C.20005 Phone 202.466.37SS/Telefax 202.466.3187 1141h Congress Organization.New District Member Secures Leadership Role The congressional leadership of both parties remains in the same hands as the Senate prepares for the shift in control and with it control of the legislative process for the Republicans. The House majority grows by approximately 14 seats, providing Speaker Boehner with a critical mass of votes to work with the Senate on any manner of policy from infrastructure to budgets. The elections provided the District with a new Member, Representative-Elect Mimi Walters who replaces retiring John Campbell. While Walters will be the most junior member of the District's delegation, she will enjoy the authority that comes with being named as the forty-two strong Freshmen Republican Class's representative to the Republican Conference leadership. Walters' formal committee assignments will be ratified in December. The District's other delegation Members remains unchanged and their expected committee assignments should not change. Representative Ed Royce will continue as chair of the powerful Committee on Foreign Affairs. He is also expected to continue to serve on the Committee on Financial Services. Representative Dana Rohrabacher will serve with Chairman Royce on the Committee on Foreign Affairs and Rohrabacher will continue as a senior member of the Committee on Science, Space and Technology as Vice Chairman. Representative Loretta Sanchez will continue to serve as the second most senior Democrat on the Committee on Homeland Security. She will also sit on the Committee on Armed Services. Representative Alan Lowenthal will continue to serve with Chairman Royce on the Committee on Foreign Affairs and he will sit on the Committee on Natural Resources that holds jurisdiction over alternative water supply policy, including water recycling. Within the overall environment and energy committee structure, Senator Jim Inhofe (R-OK) will assume the chairmanship of the Committee on Environment and Public Works, replacing Senator Barbara Boxer who assumes the Ranking Member slot. Both Senators support renewed assistance for infrastructure. This might signal an opportunity for action toward renewed federal support for water infrastructure in the coming Congress. The committee is also likely to see action on efforts to streamline federal mandates. This might include the Endangered Species Act as well as overall water quality standards contained in the Clean Water Act like the Waters of the U.S. rulemaking effort. And finally, climate change and the Administration's efforts to regulate greenhouse gasses will likely capture the committee's attention as the new chair is a vocal critic of the Administration's push to implement new controls on emissions. With regard to the energy water nexus and its potential to enhance the District's alternative energy production priorities, Senator Lisa Murkowski (R-AK) is the next Committee on Energy and Natural Resources chair. Murkowski has supported efforts to address water and energy conservation and innovative energy production. She can be expected to guide the committee in fashioning policy that supports water recycling and other alternatives to address drought and improve the use of alternatively derived energy along with traditional sources of energy. On the matter of drought, she may shift attention on drought impacts away from a state-by-state approach and toward a west-wide drought response. Senator Dianne Feinstein is expected to shift to the Ranking Member slot on Committee on Appropriations' Subcommittee on Energy and Water Development Appropriations. In this role, she will continue to exercise decision-making on budget priorities related to programs that support water recycling. She will also hold authority over USACE programs such as ecosystem and flood protection. Feinstein is also expected to remain on the USEPA spending subcommittee with its responsibility for funding wastewater infrastructure programs like the state revolving loan fund and WIFIA. In the House, significant changes are expected on both water and water quality committees because of retirements and Member defeats. Representative Rob Bishop (R-UT) will assume the chairmanship of the Committee on Natural Resources with jurisdiction over water recycling, endangered species and the energy water nexus. Representative Raul Grijalva (D-AZ) becomes the next Ranking Democrat, as Representative Peter DeFazio (D-OR) will move over to become the Ranking Democrat on the Committee on Transportation and Infrastructure. The key Subcommittee on Water and Power that authorizes water recycling and desalination projects may witness changes on both sides of the aisle. Current Chairman Tom McClintock (R-CA) is termed out. He would need to secure a waiver to remain as chairman. It is unclear if this will occur. If it does not,then speculation centers on Representative Louie Gomert (R-TX) as a possible chair. Ranking Member of this subcommittee, Grace Napolitano (D-CA), might consider assuming a new Ranking spot on the Committee on Transportation and Infrastructure. Two options exist: 1) the ranking role on the Subcommittee on Water Resources and Environment and 2) the ranking role on the Subcommittee on Railroads. If she decides to pursue either position, then her current Ranking position on Water and Power would be up for grabs. If Napolitano decides to seek the Subcommittee on Water Resources and Environment, the District would have a strong advocate for its priorities in a key position. The subcommittee holds jurisdiction over USACE and water infrastructure policy. Finally, on the budget side of the equation, the Committee on Appropriations is expected to see Chairman Ken Calvert (R-CA) remain on the Subcommittee on Interior and Environment with its jurisdiction over USEPA and programs within the U.S. Department of the Interior. Calvert is also expected to continue to sit on the Subcommittee on Energy and Water Development Appropriations that decides upon funding levels for water recycling programs and the energy and water nexus. These twin roles make him, like Feinstein, a key Member on matters impacting water and energy funding issues. Waters of the U.S Definition As noted in earlier updates, the Waters of the U.S. rulemaking remains highly controversial. Nonetheless, the public comment period concluded this month. According to the agency,plans call for the next several months to be spent reviewing the comments. By April 2015, USEPA plans to issue the final rule. While the rule is unlikely to impact the District, as reported in prior updates, the agency is expected to revise its approach to regulation of Waters of the U.S. in order to avoid imposing additional burdens on water recycling facilities and the conveyance systems employed by such facilities. For the District,USEPA continues to state that it intends to avoid any changes to the current regulatory exemption provided to wastewater treatment facilities. This means that the rule as drafted would not impose new permitting burdens on the District for purposes of Clean Water Act compliance. Drought Relief Legislation After several weeks of closed negotiations between Senator Feinstein and House Central Valley Members, a compromise emergency drought relief bill collapsed as press reports and editorials began to argue that the process of developing the legislation failed to be transparent. In addition to these articles, and perhaps more important, the administration's fisheries agencies continued to voice concern over provisions that would have altered the way in which ESA mandates would be applied during times of drought As much as the environmental streamlining issues raised the specter of administration opposition to the proposed compromise, challenges also occurred with proposals to rewrite area of origin water rights that might have imposed new burdens on reliable water supply deliveries. In total, the lack of broad consensus on such provisions ultimately doomed an agreement. Instead, Senator Feinstein issued a statement clarifying that she would restart the process next year and rely on "regular order'. This suggests that any drought relief bill would be acted upon within the Committee on Energy and Natural Resources and then brought to the Senate floor for debate and a vote, followed by a formal conference committee with a House-passed bill. At this point, any effort to provide drought relief over the next several months can be expected to hinge on federal agency initiatives using existing budget authority. Fiscal Year 2015 Budget A number of"policy riders' are pending on USEPA's and USACE's budgets. Among the contentious riders are provisions that would bar the implementation of the Waters of the U.S.rulemaking and the effective date of the greenhouse gas emissions reduction rule. Because there is disagreement over the use of the budget process to legislate, it is possible that Congress would be forced to act on stopgap spending bill for USEPA and USACE to avoid challenges to legislating on the final spending bill. Regardless of how Congress resolves funding federal agencies for the remainder of the fiscal year, it now appears highly likely that key programs of interest to the District including SRF, water recycling, and alternative energy project assistance will continue to be funded at near or current funding levels. This would permit competitive grants solicitations to be issued over the next several months that the District could consider to pursue in relation to its project priorities. LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE raeatinogg 14e AGENDA REPORT Item Number 3 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Heather Dion Stratman SUBJECT: STATE LEGISLATIVE UPDATE GENERAL MANAGER'S RECOMMENDATION Information Only. SUMMARY 2014 Electoral Overview Earlier this month, on November 4, millions of California residents cast ballots in the 2014 General Election. Voters weighed in on six different statewide propositions, including the water bond, and prominent statewide races including the re-election of Governor Brown. As projected, Governor Brown was re-elected to his fourth overall term, which is also his second consecutive term, by a 17.4 percent margin. His re- election after returning to the office in 2010 makes him Califomia's longest-serving Governor. Throughout his final term, Governor Brown is expected to focus on policies addressing climate change, and two controversial legacy projects: California's high- speed rail system, and the water conveyance system, which he was unable to accomplish during his first term in office. In the Senate, Democrats were unable to regain the supermajority. The Democrats currently hold twenty-five seats in the Senate, while Republicans hold fourteen, with one vacancy. Regardless of whether Democrats are able to secure the vacant seat, they will still be at least one seat shy of the supermajority. In Orange County, Supervisor Janet Nguyen, Republican, defeated former Democratic Assemblyman Jose Solorio in the race for the 34th Senate District, while Republican Senator Andy Vidak from Kings County was able to rebuff a challenge from Democrat Louis Chavez to retain his Senate seat. Throughout the state there will be four special elections, including one held for Orange County Senator Mimi Walters, as several Senators will be joining the next Congress. The special elections for these seats will be held by law within 140 days of the vacancies. Democrats remain the majority party in the Assembly, but will not be able to retain the two-thirds margin required for a supermajority. As of the writing of this report, the race between Assembly Member Raul Bocanegra and challenger Patty Lopez, both Democrats, for the 39th Assembly District is still too close to call, with the incumbent Bocanegra behind by 467 votes. Republicans gained four seats, including retaking two vulnerable freshman seats, Sharon Quirk-Silva in Fullerton, and Steve Fox in Palmdale, Page 1 of 3 giving them a total of twenty-eight seats in the Assembly. Without the supermajority, Democrats will not be able to pass new taxes, advance ballot measures, or enact immediately effective 'urgency' bills without Republican votes. In Orange County, Lisa Bartlett and Michelle Steel will join the Orange County Board of Supervisors. Lisa Bartlett will represent the fifth district, including Aliso Viejo, Dana Point, Laguna Beach, Laguna Hills, Laguna Woods, Lake Forest, Mission Viejo, Rancho Santa Margarita, San Clemente, San Juan Capistrano and a small section of Irvine. Michelle Steel will represent the second district, which includes the Orange County Water District, Orange County Sanitation District, and Municipal Water District of Orange County as well as cities of Costa Mesa, Huntington Beach, Fountain Valley, Newport Beach, Seal Beach, La Palma, Los Alamitos, Cypress, Stanton and a portion of Buena Park. Janet Nguyen's Supervisor seat will be vacant once she is sworn into the Senate, and multiple potential candidates have expressed their interest in the position, including, but not limited to Senator Lou Correa, former Assemblyman Jose Solorio, Chief of Staff to Supervisor Nguyen, Andrew Do and Garden Grove City Councilmember Chris Phan. Water Bond Implementation Proposition 1, the water bond, passed on November 4 by a margin of more than two to one, 4.7 million votes in favor to 2.3 million against the bond. With the passage of the water bond attention is turning to its implementation and the distribution of funds. Distributing $7.545 billion dollars is not an immediate or simple process, but is multifaceted, involving the Governor's office, state legislature, various agencies and departments, as well as those entities applying for funds, such as cities, counties, and local agencies. Although bond funding has been approved by the voters, it does not become immediately available. The first step in the funding process involves the sale of bonds. Proposition 1 authorized the sale of $7.1 billion in new bonds, and the repurposing of $425 million of unspent bond funds. The general obligation bonds will be sold to investors over a ten-year period at an estimated average interest rate of five percent. Once bond sales begin to generate revenue, it becomes the Governor's responsibility to integrate those funds into the state budget. The budget is then submitted to the legislature for approval. The exception to the budget approval process is funding related to water storage. The $2.7 billion for water storage bypasses the legislature's approval because it is a continuous appropriation. Water storage funding is overseen by the Department of Water Resources. Once funds have been approved by the legislature through the budget, the money then moves to state agencies and departments, where it will be dispersed to cities, counties and local agencies through competitive grants. The guidelines for the grant process will be developed by each agency that administers a bond-funded program. Prior to the adoption of the final guidelines for any given program, agencies or departments are required to hold at least three meetings where the public can provide input on the Page 2 of 3 pending grant for that agencies or department's consideration. All water bond related grant guidelines will be available on the Natural Resource Agency's website, and draft guidelines should appear on the website at least 30 days prior to the first public meeting. Information on how bonds funds are being distributed and the projects that are being funded will be available online at http://bondaccountability.resources.ca.gov. The bond accountability website has been used to track information related to the last two bond measures, Proposition 84 and Proposition 1 E. Below you will find an outline of the allocation of funds, and the overseeing entity: • Water Storage — DWR—$2,700,000,000 • Regional Water Security: $810,000,000 o Integrated Regional Water Management Program —DWR— $63,000,000 o Water-Use Efficiency and Conservation — DWR—$100,000,000 o Storm Water Management— SWRCB—$200,000,000 • Clean and Safe Drinking Water: $520,000,000 o Small Community Wastewater—SWRCB —$260,000,000 o Drinking Water Projects for Disadvantaged Communities — SWRCB — $260,000,000 • Water Recycling: $725,000,000 o Water Recycling —SWRCB/DWR o Contaminant and Salt Removal — SWRCB/DWR o NewTechnology— SWRCB/DWR • Groundwater Sustainability— SWRCB —$900,000,000 • Watershed Protection and Restoration —WCB/NRA—$1,495,000,000 • Flood Management— DWR—$395,000,000 Page 3 of 3 LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL MEETING Meeting Date 12/08/14 AGENDA REPORT Item Number 4 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Bob Ghirelli, Assistant General Manager SUBJECT: PUBLIC AFFAIRS UPDATE GENERAL MANAGER'S RECOMMENDATION Information Only. SUMMARY Staff will provide an update on recent public affairs activities. PRIOR COMMITTEE/BOARD ACTIONS NIA ADDITIONAL INFORMATION For the month of November 2014, OCSD reached approximately 372 guests through tours, community events and speaking engagements. Below is a breakdown by event. Activity #of Events #of Guests OCSD/OCWD Tours 3 65 OCSD Tours 12 202 Speaking Engagements 1 30 Outreach Booth 1 75 BUDGET/PURCHASING ORDINANCE COMPLIANCE N/A ATTACHMENT The following attachment(s) am included in hard copy and may be viewed on-line at the OCSD website (mm w.ocsd.coml with the complete agenda package: • Outreach Calendar • Monthly News Clips Page 1 of 4 Rglgrn Ig Agenda Re ort 14 c� OCSD Outreach Report - 1 1/2 512 01 4 Date Time Organization/Event Location Purpose Attendee Contact 12/01/2014- 900- 1030 Plant Tour Boardroom Vanguard University to tour Gina Tetsch Tour Guide Cheryl Scott P1. Approx. 22 guests. 12/03/2014- 900- 1030 Plant Tour Boardroom Fullerton College to tour Cindy Murra Tour Guide Cheryl Scott P1. Approx. 25 guests. 12/04/2014- 930- 1130 Plant Tour Boardroom Saddleback College to tour Jeff Armstrong Tour Guide Cheryl Scott P1.Approx. 30 guests 12/04/2014- 14:30- Plant Tour Boardroom HB Cub Scouts. Approx. Dierdre Bingman Tour Cheryl Scott 15:30 12 guests. Guide 12/05/2014- 900- 1030 Plant Tour Boardroom UCLA Engineering Class to Use Rothbart Tour Guide Cheryl Scott tour P1. Approx. 15 guests 12/06/2014- 830- 1030 Plant Tour Admin. Building CSUF Engineering to tour Mark Esquer Tour Guide Cheryl Scott P1. Approx. 40 guests. 12/08/2014- 1330- 1500 Plant Tour Boardroom CSULB Microbiology class Jeff Armstrong Tour Guide Cheryl Scott to tour P1.Approx. 15 guests. 12/10/2014- 900- 1030 Plant tour Boardroom CSULB to tour P1.Approx. Barbara Collins Tour Guide Cheryl Scott 25 guests 11/25/2014 8:12:17 AM OCSD Outreach Report - 1 1/2 512 01 4 Date Time Organization/Event Location Purpose Attendee Contact 12/11/2014- 1400- 1530 Plant Tour A 8 B Chinese Delegation to tour Morris Ying Tour Guide Cheryl Scott P1.Approx. 18 guests. 12/12/2014- 900- 1200 Plant Tours Boardroom Chavez High School Eros Yong Tour Guide Cheryl Scott Coastkeepers to tour P1. Approx. 50 guests 2 tours. 12/15/2014- 900- 1030 Plant tour Boardroom West Coast University Gina Tetsch Tour Guide Cheryl Scott Nursing to tour P1. 12/16/2014- 1445- 1600 Plant tour Boardroom Creekside Elam. to tour Kelly Nell Tour Guide Cheryl Scott P1. Approx. 14 guests 12/22/2014- 1400- 1530 Plant Tour Boardroom Home School group to tour Ryal Wheeler Tour Guide Cheryl Scott P1. 11/25/2014 8:12:17 AM Return to Aaenda Reo., Monthly News Clippings G�JNzvV S A N I TgT�Oy = 9 Q 2 c� o � FCTi� �E ENv`��� December 2014 OCSD Public Affairs Office Table of Contents GW RS...................................................................................PAGE 1 November 16, 2014 Depleting the water By: Lesley Stahl CBS 60 minutes November 17, 2014 Purified water in pipeline for approval By: Deborah Sullivan Brennan San Diego Union Tribune November 20, 2014 Water supply comes to Fullerton from groundwater& imported surface water By: Heather Ann Myers CSUF Daily Titan November 20, 2014 Toilet to tap provides millions of gallons of drinking water a day By: Amber Uddin CSUF Daily Titan November 21, 2014 OC Recycled water system show importance of collaboration By: Brett Walton Circle of Blue HYDROGEN CELL................................................... .................PAGE 24 November 19, 2014 Toyota brings the fuel cell future into focus By: Susan Carpenter Orange County Register November 16, 2014 CBS News 60 Minutes http://www.cbsnews.com/news/depleting-the-water/ Depleting the water Lesley Stahl reports on disturbing new evidence that our planet's groundwater is being pumped out much faster than it can be replenished 2014 Nov 16 The following is a script of"Water"which aired on Nov. 16, 2014. Lesley Stahl is the correspondent. Shari Finkelstein and Jennie Held, producers. It's been said that the wars of the 21 st century may well be fought over water. The Earth's population has more than doubled over the last 50 years and the demand for fresh water-- to drink and to grow food -- has surged along with it. But sources of water like rainfall, rivers, streams, reservoirs, certainly haven't doubled. So where is all that extra water coming from? More and more, it's being pumped out of the ground. Water experts say groundwater is like a savings account-- something you draw on in times of need. But savings accounts need to be replenished, and there is new evidence that so much water is being taken out, much of the world is in danger of a groundwater overdraft. California is entering its fourth year of a record-breaking drought. Last year was the driest since the state started keeping records more than a hundred years ago. And yet, pay a visit to California's Central Valley and out of that parched land you'll see acre upon acre of corn, almond trees, pomegranates, tomatoes, grapes. And what makes them all possible: water. Where do you get water in a drought? You take it out of the savings account: groundwater. [Jay Famiglietti: When we talk about surface water, we're talking about lakes and rivers. And when we're talking about groundwater, we're really talking about water below the water table.] Jay Famiglietti, an Earth sciences professor at the University of California, Irvine, is a leading expert on groundwater. Jay Famiglietti: It's like a sponge. It's like an underground sponge. He's talking about the aquifers where groundwater is stored -- layers of soil and rock, as he showed us in this simple graphic, that are saturated with water and can be drilled into, like the three wells shown here. Lesley Stahl: You can actually pump it out of the crevices? Jay Famiglietti: Imagine like trying to put a straw into a sponge. You ran actually suck water right out of a sponge. It's a very similar process. Sucking the water out of those aquifers is big business these days in the Central Valley. Well driller Steve Arthur is a very busy man. 1 Steve Arthur: All the farmers, they don't have no surface water. They've got to keep these crops alive. The only way to do that is to drill wells, pump the water from the ground. Lesley Stahl: So it's either drill or go out of business? Steve Arthur: Yes. So there's something of a groundwater rush going on here. Arthur's seven rigs are in constant use and his waiting list is well over a year. And because some wells here are running dry, he's having to drill twice as deep as he did just a year or two ago. This well will cost the farmer a quarter of a million dollars, and go down 1,200 feet-- about the height of the Empire State Building. "If we're talking about a deeper aquifer, that could take tens or hundreds of years to recharge." Lesley Stahl: Are you and are the farmers worried that by going that deep you are depleting the ground water? Steve Arthur: Well, yes, we are depleting it. But on the other hand, what choice do you have? This is the most fertile valley in the world. You can grow anything you want here. If we don't have water to grow something, it's going to be a desert. He said many farmers think the problem is cyclical and that once the drought ends, things will be okay. Lesley Stahl: Now when they take water out and it rains... Jay Famiglietti: Yes. Lesley Stahl: ...doesn't the water go back down there? Jay Famiglietti: These aquifers near the surface, they can sometimes be replenished very quickly. If we're talking about a deeper aquifer, that could take tens or hundreds of years to recharge. Figuring out how much is being depleted from those aquifers deep underground isn't easy. Hydrologist Claudia Faunt took us to what looked like someone's backyard shed, where she and her colleagues at the U.S. Geological Survey monitor groundwater levels in the Central Valley the way they always have -- by dropping a sensor down a monitoring well. 2 Return to Mende Report e ,Y Lesley Stahl: So this is a well. Claudia Faunt: This is a well. So we have a tape here that has a sensor on the end. Lesley Stahl: Oh, let me see. The Geological Survey has 20,000 wells like this across the country. Lesley Stahl: It's a tape measure. Claudia Faunt: It's a tape measure. Lesley Stahl: How will you know when it hits water? Claudia Faunt: It's going to beep. By comparing measurements from different wells over time, they get the best picture they can of where groundwater levels stand. She unspooled and unspooled, until finally... [Beep] Lesley Stahl: Oh. It startled me, as did the result: a five-foot drop in just one month. Claudia Faunt: Right now, we're reaching water levels that are at historic lows, they're like... Lesley Stahl: Historic lows? Claudia Faunt: Right. At this site, water levels have dropped about 200 feet in the last few years. Gathering data from holes in the ground like this has been the only way to get a handle on groundwater depletion. That is, until 2002, and the launch of an experimental NASA satellite called GRACE. Lesley Stahl: What does GRACE stand for? Mike Watkins: So GRACE stands for gravity recovery and climate experiment. 3 Mike Watkins is head of the Science Division at NASA's Jet Propulsion Laboratory in Pasadena. He was the mission manager for the latest Mars rover mission and he is the project scientist for GRACE. Mike Watkins: So the way GRACE works is it's two satellites. Lesley Stahl: Two? Mike Watkins: They're actually measuring each other's orbit very, very accurately. What affects that orbit is gravity. Mike Watkins: As the first one comes up on some extra mass, an area of higher gravity, it gets pulled away... Lesley Stahl: It goes faster. Mike Watkins: ...from the second spacecraft. And that's where water comes in. Since water has mass, it affects the pull of gravity, so after the first GRACE satellite approaches an area that's had lots of heavy rain for example, and is pulled ahead, the second one gets there, feels the pull and catches up. The instruments are constantly measuring the distance between the two. Mike Watkins: Their changes in separation, their changes in their orbit are a little different this month than last month because water moved around and it changed the gravity field just enough. So GRACE can tell whether an area has gained water weight or lost it. Lesley Stahl: So GRACE is like a big scale in the sky? Mike Watkins: Absolutely. GRACE can also tell how much water an area has gained or lost. Scientists can then subtract out the amount of rain and snowfall there, and what's left are the changes in groundwater. Lesley Stahl: It's kind of brilliant to think that a satellite in the sky is measuring groundwater. Mike Watkins: It is fantastic. 4 Return to Mende Report Jay Famiglietti: I thought it was complete nonsense. There's no way we can see groundwater from space. Jay Famiglietti started out a skeptic, but that was before he began analyzing the data GRACE sent back. The first place he looked was India. He showed us a time-lapse animation of the changes GRACE detected there over the last 12 years. Note the dates on the lower right. The redder it gets, the greater the loss of water. Lesley Stahl: Oh, look at that. He calculated that more than half the loss was due to groundwater depletion. Jay Famiglietti: And this is a huge agricultural region. "So we're talking about groundwater depletion in the aquifers that supply irrigation water to grow the world's food." Lesley Stahl: Have they been doing the same kind of pumping... Jay Famiglietti: Yes. Lesley Stahl: ...that we're seeing in California? Jay Famiglietti: Yes. Lesley Stahl: It got so dark red. Jay Famiglietti: Yeah, that's bad. NASA scientist Mike Watkins explains how NASA is using GRACE and its other satellites to revolutionize Earth science. His India findings were published in the journal "Nature." But as he showed us, India wasn't the only red spot on the GRACE map. Jay Famiglietti: This is right outside Beijing, Bangladesh and then across southern Asia. He noticed a pattern. 5 Jay Famiglietti: They are almost exclusively located over the major aquifers of the world. And those are also our big food-producing regions. So we're talking about groundwater depletion in the aquifers that supply irrigation water to grow the world's food. If that isn't worrisome enough, some of those aquifer systems are in volatile regions, for instance this one that is shared by Syria, Iraq, Iran and Turkey. Jay Famiglietti: Turkey's built a bunch of dams. Stored a bunch of water upstream. That forces the downstream neighbors to use more groundwater and the groundwater's being depleted. Lesley Stahl: Oh my. Jay Famiglietti: We're seeing this water loss spread literally right across Iran, Iraq and into Syria and down. Lesley Stahl: It's progressive. "So the ground basically collapses or compresses down and the land sinks." Famiglietti, who's now moved to the jet propulsion lab to work on GRACE, has started traveling around the world, trying to alert governments and academics to the problem, and he isn't the only one who's worried. A 2012 report from the director of National Intelligence warned that within 10 years "many countries important to the United States will experience water problems ... that will risk instability and state failure..." and cited the possible "use of water as a weapon or to further terrorist objectives." Lesley Stahl: Water is the new oil. Jay Famiglietti: It's true. It's headed in that direction. And what about our own food-producing regions, like California's Central Valley, which produces 25 percent of the nation's food. What is GRACE telling us there? Lesley Stahl: 2005. Jay Famiglietti: Right. Lesley Stahl: '09. Jay Famiglietti: And now things are going to start to get very red. Lesley Stahl: 2010. GRACE is confirming what the geological survey well measures have shown, but giving a broader and more frightening picture, since it shows that the rainy years are not making up for the losses. Lesley Stahl: '14. Dark red. Lesley Stahl: That's alarming. Jay Famiglietti: It should be. 6 Return to Mende Report So much groundwater has been pumped out here that the geological survey says it's causing another problem: parts of the valley are literally sinking. It's called subsidence. Claudia Faunt: So the ground basically collapses or compresses down and the land sinks. Lesley Stahl: The land is sinking down. She said at this spot, the ground is dropping several inches a year. Claudia Faunt: And north of here, it's more like a foot per year. Lesley Stahl: That sounds like a lot, a foot a year. Claudia Faunt: It's some of the fastest rates we have ever seen in the valley, and in the world. She says it's caused damage to infrastructure: buckles in canals and sinking bridges. Here the land has sunk six feet. It used to be level with the top of this concrete slab. Lesley Stahl: And this is because of the pumping of the groundwater? Claudia Faunt: Yes. Lesley Stahl: Is there any limit on a farmer, as to how much he can actually take out of this groundwater? Claudia Faunt: Not right now in the state of California. Lesley Stahl: None? Claudia Faunt: As long as you put it to a beneficial use, you can take as much as you want. But what's beneficial to you may not be beneficial to your neighbor. Lesley Stahl: When you dig a well like this, are you taking water from the next farm? Steve Arthur: I would say yeah. We're taking water from everybody. Lesley Stahl: Well, is that neighbor going to be unhappy? Steve Arthur: No. Everybody knows that there's a water problem. Everybody knows you got to drill deeper, deeper. And it's funny you say that because we're actually going to drill a well for that farmer next door also. 7 "I can't believe how brave I am. 45 minutes ago, this was sewer water." Making things worse, farmers have actually been planting what are known as "thirsty" crops. We saw orchard after orchard of almond trees. Almonds draw big profits, but they need water all year long, and farmers can never let fields go fallow, or the trees will die. But with all the water depletion here, we did find one place that is pumping water back into its aquifer. Lesley Stahl: Look, it really looks ickier up close. We took a ride with Mike Markus, general manager of the Orange County Water District and a program some call "toilet to tap." They take 96-million gallons a day of treated wastewater from a county sanitation plant -- and yes, that includes sewage -- and in effect, recycle it. He says in 45 minutes, this sewage water will be drinkable. Mike Markus: You'll love it. Lesley Stahl: You think I'm going to drink that water? Mike Markus: Yes, you will. They put the wastewater through an elaborate three-step process: suck it through microscopic filters, force it through membranes, blast it with UV light. By the end, Markus insists it's purer than the water we drink. But it doesn't go straight to the tap. They send it to this basin and then use it to replenish the groundwater. Jay Famiglietti: It's amazing. Because of recycling of sewage water, they've been able to arrest that decline in the groundwater. Lesley Stahl: All right. I'm going to do it. I'm going to do it. All that was left was to try it. To tell the truth, it wasn't bad. Lesley Stahl: I can't believe how brave I am. Forty-five minutes ago, this was sewer water. 8 Return to Mende Report Mike Markus: And now, it's drinkable. He says it's a great model for big cities around the country. But it's not the answer for areas like the Central Valley, which is sparsely populated and therefore doesn't produce enough waste. So at least for now, it's continuing withdrawals from that savings account. Lesley Stahl: Will there be a time when there is zero water in the aquifer for people in California? Jay Famiglietti: Unless we take action, yes. California has just taken action -- enacted a law that for the first time takes steps toward regulating groundwater. But it could take 25 years to fully implement. © 2014 CBS Interactive Inc. All Rights Reserved. Lesley Stahl One of America's most recognized and experienced broadcast journalists, Lesley Stahl has been a 60 Minutes correspondent since 1991. 9 November 17, 2014 San Diego Union Tribune The San Diego Union-Tribune Purified water in pipeline for approval Recycling project would dramatically reduce San Diego's reliance on imported water By Deborah Sullivan Brennan 11:39 a.m.Nov. 17, 2014Updated12:42 p.m. r Amy Dorman, senior civil engineer with the city of San Diego's Public Utilities Department holds a sample of water purified to the quality level of pure distilled water at the Advanced Water Purification Facility in University City at the North City Water Reclamation Plant. — Howard Lipin 10 Return to Mende Report San Diego could be on the way to producing a third of its drinking water from sewage flows if the City Council votes for a landmark water purification project Tuesday. The Pure Water program, estimated to cost up to $3.5 billion, would generate 83 million gallons of ultra-clean water per day by 2035, helping to significantly lessen the region's reliance on imported water. At completion, it would be one of the nation's two largest water purification systems. If the city moves forward with this water recycling proposal, it also might be able to avert costly upgrades to the Point Loma Wastewater Treatment Plant by reducing the amount of effluent piped to sea. That plant is the last, big sewage-processing facility in the country that hasn't met the federal standard of secondary treatment, a cleaning procedure that increases the quality of water discharged. The retrofit would cost nearly $2 billion. City officials said that money should instead be invested in the Pure Water project because it would not only help San Diego meet state and federal wastewater requirements, but also create a new and more reliable water source. "When we start producing this water, it will be the cleanest and purest source of raw water we have in the region," said Halla Razak, director of the city's Public Utilities department. "When we start to deposit it in reservoirs, it will improve the quality of water in the reservoirs." Community leaders agree that a stable supply of water is critical for the county's still-growing population and major business sectors such as the biotech industry, agriculture and tourism. With the addition of the Poseidon desalination plant now under construction in Carlsbad, along with another such facility that could be built on Camp Pendleton in the future, the Pure Water program could dramatically alter the region's water dynamics. In 1991, San Diego County imported 95 percent of its potable water. The figure has dropped, but remains high at 75 percent today. San Diego officials said Pure Water is the prime component of their blueprint for having locally sourced water making up 40 percent of the city's total water supply by the mid-2030s. "My priority is to protect the interests of San Diegans and ratepayers and to create solutions for a reliable, drought-proof water supply," Mayor Kevin Faulconer said in a statement Friday. "Pure Water is a cost-effective and innovative project, and we're going to seek funding from state and federal sources to minimize the local cost. The cost of doing nothing is even higher because without Pure Water, we would have to continue to rely almost entirely on costly imported water sold to us at rates we don't control." Broad support On Tuesday, the City Council is set to vote on whether to approve Faulconer's proposal to request a waiver of a discharge permit for the Point Loma Wastewater Treatment Plant. The request for exemption also would spell out how the city plans to meet federal wastewater standards through the water purification project. 11 The plan has the blessings of the San Diego County Taxpayers Association as well as the region's leading environmental organizations, including San Diego Coastkeeper, the local chapter of the Surfrider Foundation, the Coastal Environmental Rights Foundation and the San Diego Audubon Society. "We believe this program will benefit not only our marine environment by beginning to reduce discharges into the ocean, but that it will also set up our region to address current and future water supply needs in an environmentally responsible manner," Matt O'Malley, waterkeeper for San Diego Coastkeeper, said in a statement. The Pure Water concept is being demonstrated with a 1 million-gallon-per-day pilot project at the North City facility, where engineers have fine-tuned the purification process in recent years. They have verified through about 9,000 tests that the end product meets or exceeds the government's water quality standards, Rezak said. The system starts with micro-filtration: rows of plastic tubes containing bundles of tiny straws that allow water molecules in and then filter out microbes and other contaminants. From there, the water flows to reverse-osmosis units that force the water through filters at high pressure to screen out organic material, salts and other solids. By the time the water runs through reverse osmosis, there are almost no impurities left in it. During the final step, workers use a combination of ultraviolet light and hydrogen peroxide to obliterate any potential contaminants. City officials want to replicate that process through a system of three plants in different parts of the city. In the first phase, San Diego plans to build one of those facilities at the North City Reclamation Plant near Miramar Road. It would produce 15 million gallons of water per day by 2023. A subsequent phase would add 15 million gallons per day from a facility at the South Bay Reclamation Plant, plus a separate injection of 53 million gallons per day from a facility on the former Naval Training Center grounds on Harbor Drive. That milestone is projected to be reached by 2035, Razak said. Current thinking calls for the purified water to be mixed with supplies in San Vicente Reservoir and then piped from there to customers. An alternate strategy would allow the city to route the water directly into water distribution systems and ship it directly to users. Both of those procedures would require changes to state regulations, which city leaders said they're discussing with officials in Sacramento. Funding options San Diego officials said the Pure Water program would cost$1.5 billion to $2.5 billion to build out. That price tag would rise to as much as $3.5 billion when interest is included. City leaders believe they can cover between a quarter and a third of that cost with state and federal grants. They plan to apply for funding from the recently passed $7.5 billion state water 12 Return to Mende Report bond and earlier California water measures. They also intend to seek grants from the federal Environmental Protection Agency. The remaining expense would be paid through rate increases of about 1 to 3 percent per year for most of the project's construction period, Razak said. The investment will pay dividends in the long run, as the city reduces reliance on increasingly costly imported water and avoids the expense of upgrades to the Point Loma water facility, said Sean Karafin, an economic policy analyst for the San Diego County Taxpayers Association. "There's going to be a savings for ratepayers down the road," Keratin said. "It's good for our economy, it's good for the environment, it's good for ratepayers. It's a win-win." Although the public originally took a dim view of water recycling, that opinion has turned around in recent years. A decade ago, a survey showed that three-quarters of San Diegans snubbed the water purification idea, which some derisively called "toilet to tap' at the time. But the ongoing drought—and growing recognition that all potable water has been recycled and purified in some way— has reversed the figures. In a 2012 poll, almost three-quarters of respondents in the city voiced support for water recycling. "Potable reuse is actually used in quite a few areas in the country," said Patricia Tennyson, executive vice president of Katz & Associates and a board member of the trade organization WaterReuse California. "Potable reuse occurs everywhere. Everybody who is downstream from another community is drinking water that is used by the people upstream." At 83 million gallons per day, the full version of Pure Water would rank only behind one other water reuse system in the nation. A similar project in Orange County currently produces 70 million gallons per day, and it's slated to reach 100 million gallons per day with a new construction phase that will start next year, according to the national WaterReuse Association. But water from that system is pumped underground to recharge aquifers, so the San Diego program would be the largest U.S. project piped to a surface reservoir. Razak said the city will begin preliminary planning and design on the project soon, but won't start construction until it receives approval from the federal EPA and other regulators. Dave Gibson, executive officer of the Regional Water Quality Control Board, said his agency has been communicating closely with the EPA and said both organizations support San Diego's plans. The regional board expects to receive the city's proposal next month, and will consider it in conjunction with the EPA over the next year, he said. "I think we are all in agreement that we're on the right track, both in terms of achieving a sustainable local water supply and protecting the ocean environment from one of the largest discharges in our region," Gibson said. © Copyright 2014 The San Diego Union-Tribune, LLC. An MLIM LLC Company. All rights reserved. 13 November 20, 2014 Daily Titan Daily Titan Water supply to Fullerton comes from a mixture of groundwater and imported surface water By Heather Ann Myers — Posted on November 20, 2014 Posted in: Local News, News When you turn on the tap in Fullerton, there's a good chance the water that flows is ending a long journey from as far away as the Colorado River. But there's an even better chance that it came from right here in Orange County. Fullerton's water supply is a mixture of groundwater and surface water imported by the Metropolitan Water District of Southern California. The water primarily comes from the Colorado River and the State Water Project from Northern California. This surface water accounts for about 25 percent of Fullerton's water. Groundwater supplies the other 75 percent of the city's water. The groundwater component of the city's water supply comes from 11 groundwater wells located throughout Orange County's Groundwater Basin. The Basin begins at the Prado Dam and spans across Northwest Orange County, excluding Brea and La Habra. More than 50 percent of people in the US depend on groundwater as supply for their drinking water and to irrigate crops. "Groundwater is the water found underground in the cracks and spaces in soil, sand and rock. It is stored in and moves slowly through geologic formations of soil, sand and rocks called aquifers," according to the Groundwater Foundation, an organization that advocates for sustainable groundwater. Through rain and snowmelt, groundwater is replenished naturally by seeping down into cracks in the Earth's surface. When there is no rain or snow, the water supply faces serious shortages. 14 Return to Mende Report Southern California has been suffering from just those shortages for some time now. In January, Gov. Jerry Brown declared a drought emergency. The Orange County Water District has spent $79.3 million in the last three years purchasing imported water from the Metropolitan Water District, according to the OC Water District. The OC Water District is using this imported water to put into the Orange County groundwater basin to recharge it to help offset the impacts made from the drought. Depending on the area of Fullerton, there are different combinations of groundwater and imported water you could be drinking. Area 1, most of the north part of Fullerton, primarily receives groundwater. Area 2, middle to lower west of the city, receives a mixture of groundwater and imported water. Area 3, the lower side of Fullerton, receives mainly imported water. Dividing the city into three areas is meant to give Fullerton's water system the most amount of flexibility. "This means that under emergency, drought or other unusual conditions, the source of water to any area may change," according to the City of Fullerton's website. To help plan for the future of the drought, the Orange County Water District has recently spent$142 million to expand its Groundwater Replenishment System. This system takes treated wastewater from the Orange County Sanitation District and purifies it to meet drinking water standards. The project is set to be completed in 2015 and will provide an additional 30 million gallons of water per day. 15 November 20, 2014 Daily Titan Daily Titan Toilet to tap provides millions of gallons of drinking water a day By Amber Uddin — Posted on November 20, 2014 Posted in: Local News, News, State News From right to left, water is purified using the three-part GWR process. (Courtesy of Maya Sugerman for KPCC) Toilet to tap may not be the most appealing name for a water replenishing system, but it's adding millions of gallons of drinking water for Orange County residents to use. The constant need for new fresh water is being met in part by recycling waste water to use as safe drinking water for thirsty cities. Without processes to recharge incoming rainwater, much of the local underground sources would be in danger of running low. Orange County Sanitation and Water Districts have made water recycling safer than ever with the Groundwater Replenishment System, a filtration system that turns sewer water into clean drinking water, said Gina Ayala, principal communications specialist at the Orange County Water District. 16 Return to Mende Rom Initially, waste water is treated at the Orange County Sanitation District to remove impurities in a multi-step process. From there, it is sent on to the replenishment system for further treatment. The replenishment process consists of three filtration steps—microfiltration, reverse osmosis and treatment with hydrogen peroxide and ultraviolet light. The first step passes the water through microscopic fibers to separate out any remaining solids, bacteria and some viruses. Following that, it moves on to a reverse osmosis process where high pressure forces the water through molecular membranes made of plastic. This second stage removes dissolved chemicals, viruses and pharmaceuticals still in the water. Finally, the water is treated with ultraviolet light and hydrogen peroxide to rid it of any organic compounds that may still remain. The water is then sent into the Orange County Water Basin where it is mixed with imported water, rainwater and water from the Santa Ana River to increase the local drinking water supply, Ayala said. The process results in drinking water that meets or exceeds state and federal drinking water standards, according to the OC Water District. The water district manages the OC groundwater basin, which provides water for over two million people in Orange County, Ayala said. The basin currently provides 70 million gallons of water a day, a number that is expected to grow to 100 million gallons a day next year. The replenishment system is currently undergoing construction to increase its output. Alone, it is enough to sustain 850,000 people. This is only an initial expansion of the system's capacity—in its final expansion it will be able to produce 130 million gallons per day. If the drought persists, this method of water treatment will be one of the most cost-effective and environmentally friendly options available. North county cities like Fullerton get water from OC Water District's groundwater source at about a third of the cost of what South OC pays per acre-foot (326,000 gallons) of their imported water, according to Greg Woodside, executive director of planning and natural resources at the OC Water District. Groundwater will eventually run out, meaning other solutions like an increased use of stormwater, desalination and continued conservation will still be necessary long-term methods of addressing the water shortage. 17 November 21, 2014 Circle of Blue Orange County Recycled Water System Shows Importance of Collaboration FRIDAY,21 NOVEMBER 201416 43 From Southern California, a model of success for water's future. MWI 1A1� ! t 1 s Photo©Brett Walton I Circle of Blue Denis Bilas eau,a director of the Orange County Water District,points to the reverse osmosis system in the district's$U5481 million wastewater recycling plant.The facility purifies sewer water and injects it into its drinking water aquifer.California officials say projects like this are necessary for rea incsing the state water supply.Click image to enlarge. By Brett Walton Circle of Blue FOUNTAIN VALLEY, California—For those who believe technological leaps will rescue society from a collapsing ecological house, the cluster of monochrome industrial buildings next to the Orange County Water District headquarters holds wonders. Inside is the holy trio of modern water-treatment technologies, the three purification processes that strip water to its elemental hydrogen and oxygen core: microfiltration, reverse osmosis, and ultraviolet radiation.These are the discoveries, used in sequence, that close the 18 Return to Aaeude Report urban hydrologic cycle, that transform the dirty liquid that goes down the household drain into clean water that can flow again from the faucet. Water recycling is heralded as the Next Big Thing for municipal water supplies—a drought-proof source of new water. But it is a mistake to think that the availability of technology alone will create waters future. Orange County's $US 481 million recycled water system—in operation since 2008, but with a history that stretches back to the 1960s—is evidence that other forces are required. Strong relationships between local, state, and federal agencies are equally important building blocks, as is collaborating with the public. "We learned that you have to have a lot ofpartners." —Denis Dilodeau,director Orange County Water District As California prepares for a fourth dry winter during its dreadful drought, there is wide agreement among water professionals and government officials that reusing wastewater, a relatively abundant source already coursing beneath city streets,will be essential to meeting 21 st-century needs. Water agencies send 3 billion gallons of wastewater into the Pacific Ocean each year, according to the California WateReuse Association, an industry group. Much of that could be put to use,with significant benefits. Recycled water does less damage to the environment than building new reservoirs or pipelines that tap distant rivers or groundwater basins. It also uses less energy, and thus is less costly,than facilities that remove the salt from sea water. Though the advantages of recycled water are clearly recognized by cities at home and abroad, from California to Australia to Singapore, the promising technology will remain in the box unless local water agencies develop the social, technical, and financial relationships that push an idea from concept to completion, according to a number of water officials in California. The need for working relationships among the jumble of water agencies, government entities, and civic groups is especially true for systems that reuse the water for drinking, as Orange County does. "We Teamed that you have to have a lot of partners,"said Denis Bilodeau, an Orange County Water District director. In an interview with Circle of Blue, Bilodeau was reflecting on the years before the recycled water facility even broke ground. The water district worked with the county sanitation district, scientists, and state and federal agencies. Winner of nearly every major water industry award, the district's Groundwater Replenishment System, as it is formally called, has become an international model for collaborative water solutions and an instructive case study for how to successfully reuse wastewater for drinking. 19 A History of Partnership The Orange County Water District(OCWD)is better positioned than most water agencies. Formed in 1933 in response to declining groundwater tables, the district has been for generations a pioneer in water- treatment research and aquifer management. The district today manages a groundwater basin that provides 2.4 million people in coastal Southern California with 60 percent of their water. OCWD's history with advanced wastewater treatment began in the 1960s when it needed to hold back the sea. The county was withdrawing too much groundwater, leading to a decrease in the aquifer's hydraulic pressure, which allowed the Pacific Ocean to creep inland through the sandy soil. After a successful trial project to test the technology, OCWD built Water Factory 21, a defense system to protect its fresh groundwater. Completed in 1976, the project planted the seeds of the modern recycled water facility. Water Factory 21 took wastewater from the Orange County Sanitation District, pushed the water through tiny membrane pores in a process called reverse osmosis, and used the purified supplies to form a freshwater barrier against the Pacific. The water was then injected into a curtain of 23 wells near the coast that repelled the salt. The sanitation district provided the water free of charge. Since then, the two agencies—which are neighbors in Fountain Valley—have worked together to transform urban water management in the county. By the 1990s, the opportunity for a deeper collaboration presented itself. The OCWD needed additional water supplies, and the sanitation district needed a way to dispose of the increased use. Because of changing conditions, it was apparent that the old sources were not going to be enough to meet Orange County's demand. Inflows to the aquifer from the Santa Ana River were declining due to dry weather and more upstream water consumption. Additionally, state agencies were starting to restrict the amount of water that was being pumped through canals from reservoirs in the north to cities in the south. The district had traditionally used this imported water, along with Santa Ana River flows, to refill its aquifer. The sanitation district,for its part, needed to build a second pipe into the ocean to dump its growing volumes of wastewater, a project with a $US 200 million price tag. Instead of moving in two directions,the agencies moved as one, building a single facility that met both their needs, breaking ground on the Groundwater Replenishment System in 2003. The project would treat wastewater to drinking water standards, injecting half the output into the saltwater barrier and piping half to inland basins where it would filter into the aquifer and eventually be pumped out by water users. The sanitation district contributed as much wastewater as needed, still free of charge,while OCWD agreed to build enough treatment capacity so that the facility could handle the peaks in sewer flows after a heavy rain.The cost of construction was split evenly. 20 Return to Attends Report "We took the partnership to the next level;said Jim Herberg, general manager of the Orange County Sanitation District, in an interview with Circle of Blue. Both agencies came out ahead—the often discussed, but rarely observed "win-win."The sanitation district did not have to build a new ocean outfall and it saved on operating costs—less use of energy and chemicals—because it was pumping less water out to sea. OCWD received a local, reliable water source to buttress its aquifer. Financial Partners Getting water required one relationship; getting money required others. State and federal dollars helped build the Groundwater Replenishment System. Construction costs were supported by$US 72 million in state grants, a $US 20 million grant from the U.S. government, and a $US 180 million low-interest loan from the state. OCWD also gets an operating subsidy of$US 7.5 million per year from the Metropolitan Water District of Southern California, the regional wholesaler, for reducing the need for water that would otherwise be imported from Northern California. 1 �1 1;1 1,1 1�1 �ty1111 I I I111 1 ii� 1 l i 11 (1 YIYllryl^1111yl,, 1_I.1-111 , 1P / Photo©Bratl Walton I Circle of Blue The Orange County Water District's award-winning wastewater recycling plant opened In 2008.Producing 90 million gallons of water per day from the neighboring sewage plant,the SUS 481 million facility Is an important asset in the district's water supply plan.Click Image to enlarge. Because of the drought, Governor Jerry Brown (D) has freed up more state money for water recycling projects: $US 800 million in low-interest loans approved by the State Water Resources Control Board in March and $US 725 million in a water bond approved by the state's voters earlier this month. 21 These funds—though alone they are insufficient to achieve the state's water recycling goals, which will require$US 13 billion to $US 81 billion—are an important boost for local districts. "State involvement was very important to us,"said Bilodeau, the OCWD director. "The state was right in the trenches with us to help get the project off the ground. Having the state as a financial partner helped with the regulatory agencies, as well." The regulatory agencies play an important role in attending to unintended consequences. If a water district wants to recycle more water, it will discharge less wastewater. This is not a problem for coastal cities, which send their waste to the ocean. But for inland cities, an increase in water recycling means less water returned to rivers. In California, all the river water is already spoken for. A change in water discharge must be approved by the State Water Resources Control Board. This is an area where collaboration could be improved. Bilodeau said that Orange County is beginning to see less water flowing in the Santa Ana River as upstream water agencies reuse more water. Those concerns are supposed to be addressed in the permitting phase, but the state's nine regional divisions, which handle the permits, sometimes fail to look across jurisdictions, according to Victoria Whitney, deputy director for water quality at the State Water Resources Control Board. "The regional boards are doing the permitting but they are sliced and may not be aware of the water rights issues,"Whitney told Circle of Blue. Developing agreements between water districts before an increase in recycling takes place can avoid the negative consequences. That is the case in Texas, where the city of Houston has a handshake agreement with five upstream water providers in metropolitan Dallas to maintain minimum flows of wastewater into the Trinity River,which provides 71 percent of Houston's drinking water, according to Alvin Wright, spokesman for the public works department. "Everybody's happy right now,"Wright told Circle of Blue. Building Community Support Takes Time Public support for recycled water projects is essential to their success. Orange County laid the groundwork early, beginning its community outreach programs at least six years before beginning construction, said Herberg, the sanitation district general manager. The two districts held public forums starting in 1997 and met individually with any group that had concerns about the project. An independent expert panel—comprised of engineers, scientists, and environmental groups—was formed to provide criticism and feedback. "We brought the community with us instead of informing them afterwards," said Jennifer Cabral, spokeswoman for the sanitation district. 22 Return to Mende Report Other agencies in California recognize the pioneering work that OCWD has done on water recycling. "We appreciate what Orange County did,"said Hossein Ashktorab, manager of the Santa Clara Valley Water District recycled water program, in an interview with Circle of Blue. "Three to four years ago they did a presentation for us about how to be successful. 'Do outreach as soon as possible,' they said." Santa Clara Valley opened its own advanced recycled water project in March, a $US 72 million project that, in its technology and partnerships, looks remarkably similar to Orange County's system. OCWD, for its part, continues to push boundaries.The district will open a$US 142 million expansion of the Groundwater Replenishment System next year, allowing it to recycle half the sanitation district's wastewater, up from 35 percent today. A bold investment nearly a decade ago is continuing to pay dividends. "What was a good idea before is looking even better now because of the drought," Herberg said. 23 November 19, 2014 OC Register ORANGE COUNTY REGISTER With new Mirai, Toyota brings the fuel cell future into focus 41 By SUSAN CARPENTER i ati I f LsoarNeo r( oc®gi,t rxom Pabluhed:Nov. 19,2014 OPdw d 11:42 a.m. As Toyota sees it, the future isn't some fuzzy, far-off-point in the distance. It's here in the form of a midsize sedan I was able to drive in Newport Beach this week, when the Japanese automaker made its bold bet on hydrogen. It takes little more than a glance to understand the Mirai fuel cell vehicle is different. Whether it's the dramatic air intakes at both front corners that force oxygen to interact with the key ingredient that generates onboard electricity, or a tail pipe that slowly drips water, the Mirai reads as a sedan while simultaneously hinting at what's happening under the hood. Upon opening the driver-side door and sliding into its leatherette seats, it's clear the Mirai is similarly futuristic inside. Starting at the premium price of$57,500, or $499 per month to lease, the interior fit and finish is a hybrid, so to speak, of the Prius and a more upscale Lexus. Its black interior feels modern with a swipe screen housed in shiny piano black and offset with bright blue buttons and silver trimming. Prius drivers will recognize the two-tier dash, the top level of which displays the most pertinent EV information, such as what drive mode it's in, how much power it's using and, most importantly for a vehicle that is supported by only 10 refueling stations in all of California at present, how many miles until it's empty. 24 Return to Mende Report The Mirai can travel up to 300 miles on a full tank and refills in about five minutes. In my 40 minutes with the Mirai on Tuesday, I drove past one of those fueling stations off Jamboree Road and stopped to refuel at the one Southern California station that is blazing a trail for renewably produced hydrogen in Fountain Valley. Run by the Orange County Sanitation District, it's designed to transform the methane generated on site at the wastewater treatment plant into hydrogen that can be pumped into cars. A demonstration project, the station is currently supplied with hydrogen that is trucked in, but it's expected the plant will resume hydrogen-making operations early next year. Because the Mirai's two hydrogen fuel tanks are located under and behind the rear seats, the fuel door is located in the same place where it's normally found on a gas- powered car. The tanks' location means the rear seat only accommodates two passengers, similar to the current-generation Chevrolet Volt. The two seats are bisected with a large cubby/armrest outfitted with cup holders and controls for the heated seats. All four seats are heatable. They are also moderately bolstered and comfortable. The Mirai weighs 4,050 pounds, but the weight of its fuel cell stack is centered and low, so it didn't handle like a sled. That said, I was aware of its weight in the form of a solid ride that felt planted and responsive enough in the corners. The only sound was the whir of its electric motor. Even at highway speeds, the Mirai was quiet— a combination of it being an electric car whose fuel cell stack is under the front seats and it being housed in carbon fiber reinforced plastic, which helps damp road noise. The Mirai can be driven in two modes. Eco numbs the accelerator feel; Power is more satisfying. It took little pedal effort to unbridle its full accelerative potential, which Toyota estimates at 0 to 60 mph in about nine seconds. Available in California starting next fall for lease as well as outright purchase, the Mirai can be had in a single trim and four colors — gray, black, white and blue. Only one other option will be offered: Power Takeoff is a plug that's housed in the trunk and can be used to turn the car into a backup power generator during electricity blackouts. That trunk is another area the interior has been compromised due to its unique hydrogen power train. The two fuel tanks, which sit under and behind the rear seats, impinge a bit on its space but nowhere near as severely as a CNG car. Given that the Mirai is carrying twin tanks of potentially explosive hydrogen, Toyota has built in multiple safety features as standard equipment, including adaptive cruise 25 control to maintain a safe following distance and a lane-keeping assistant that notifies the driver when he's about to veer off path. Coming in a bit hot to a red light behind an SUV, I learned about another safety feature when the Mirai engaged its collision mitigation braking system on my behalf, tensioning the seat belts and preloading the brakes with maximum force to avoid impact. Under normal braking conditions, being an electric car, the Mirai is outfitted with regenerative brakes to help recapture the kinetic energy from slowing and feed it back to the powertrain to enhance range. With its Mlrai, Toyota has built a production hydrogen vehicle that walks the tight rope between mainstream acceptance and a brave new world in a car that balances the familiar with the new. Welcome to the future. htto://www.ocregister.com/articles/mirai-642641-hydrogen-seats.htm1 26 LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE Mce i;Dae Tg12/1�14 AGENDA REPORT Itm Number Item Number s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Bob Ghirelli, Assistant General Manager SUBJECT: STATE AND FEDERAL LEGISLATIVE REPRESENTATION GENERAL MANAGER'S RECOMMENDATION A. Approve a Professional Services Agreement with Townsend Public Affairs, Inc. for State Legislative Services, Specification No. CS-2014-634BD, for the period of January 1, 2015 through December 31, 2015 at a monthly rate of$5,000 per month and not to exceed $60,000 per year, with three one-year renewal options. B. Approve a Professional Services Agreement with ENS Resources for Federal Legislative Services, Specification No. CS-2014-6331313, for the period of January 1, 2015 through December 31, 2015 at a monthly rate of $7,500 per month and not to exceed of$90,000 per year, with three one-year renewal options. SUMMARY At the direction of the Legislative and Public Affairs Committee, staff issued a request for proposal (RFP)for professional services for Federal and State lobbying services. An RFP for each for each service was issued via Planet Bids to a total of 68 firms representing clients in Sacramento and Washington D.C. and five submitted responses (1 Federal firm and 4 State firms). A committee of three, including Bob Ghirelli, Assistant General Manager; Jim Colston, Engineering Manager who formally oversaw the Legislative Affairs program, and Christina Compton, Government Affairs Manager with the Irvine Ranch Water District reviewed the proposals and are recommending that OCSD enter into contracts with these firms. In addition, Chair Beamish and Vice Chair Nielsen, reviewed the proposals and provided oversight throughout the process. All proposals were scored based on the following criteria: • Qualifications of Firm • Proposed Staffing and Approach • Cost and Price • Interviews and Presentations Page 1 of 3 ADDITIONAL INFORMATION OCSD currently holds a contract with ENS Resources for Federal advocacy and Townsend Public Affairs for State advocacy services. These contracts expire on December 31, 2014. In October of 2007, the Steering Committee approved agreements with ENS Resources for Federal advocacy and Townsend Public Affairs for State advocacy services. Each agreement was on a monthly basis for one year with four one-year renewal options and had an effective starting date of January 1, 2008 (the initial term was 18 months). In July of 2013, a single year sole source contract was entered into with both ENS Resources for Federal advocacy and Townsend Public Affairs for State advocacy services. In July of 2014, the Steering Committee approved extending the term of the agreements with ENS Resources and Townsend Public Affairs for six (6) months to December 31, 2014. Since 2008 and the initiation of the program, the legislative accomplishments include: • Closeout of the EPA grant that brought $2.3 million to OCSD for secondary treatment upgrades; • Work on the Federal Clean Water Act income rule (10% rule) moving the issue farther than it had ever moved in the past; • Clarification of the Santa Ana River Interceptor authorization with the Army Corps of Engineers; • Recognition of OCSD's secondary treatment completion and the Groundwater Replenishment System in Congress; • Longstanding relationships with Federal legislators and their staff; • Protection of OCSD's property tax through regular contact, advocacy and meetings with State legislators and staff; • Passage of design-build authorization for OCSD; • High-profile positions on key bills such as chemical cremation, beach testing, contract liability and design-build, as well as other matters where we have successfully pushed for positive outcomes to OCSD on about one dozen bills; • Inclusion of wastewater projects as eligible for funding under previous water bonds allowing OCSD to secure $1 million through Proposition 84; • Passage of a bill amendment to the Orange County Sanitation District Act to transfer Board representation from the City of Yorba Linda to the Yorba Linda Water District; • Amendment to the Santa Ana river Conservancy bill; • Recommended amendments to hostile bill for biosolids disposal in Kern County; • Efforts to ensure adequate funding in Proposition 1 for the study and planning of future water recycling efforts. • Annual meetings and trips to Washington, D.C. and Sacramento to advance our interests; • Annual preparation and development of Legislative Platform and goals. Page 2 of 3 Regular staff meetings and phone calls with advocates as well has during Steering and Legislative and Public Affairs Committee meetings. For the past six years, OCSD has had an active legislative program and we have utilized our size and visibility to our advantage. Oftentimes, our statewide advocacy association, CASA, has called on OCSD to weigh-in on pressing matters and lend our support. PRIOR COMMITTEE/BOARD ACTIONS July 2014 — Approved a six (6) month extension to the existing contract with state and federal legislative advocates. May 2013 —Approved a one-year contract with state and federal legislative advocates. October 2007 — Approved five-year agreements with state and federal legislative advocates and approved four one-year renewals at the discretion of the Steering Committee. November 2003 — Approved a one-year agreement with three one-year renewals with state and federal legislative advocates. CEQA N/A BUDGET/PURCHASING ORDINANCE COMPLIANCE This request complies with OCSD's Purchasing Ordinance and is budgeted as indicated in Section 6— Page 88. This item is within the General Manager's delegation of authority. However, due to the nature of the contract, this item is brought to the Committee and Board for action. The current contracts that expire on December 31, 2014 for state and federal lobbying services cost OCSD a total of$ 13,000 per month ($7,500 per month for Townsend Public Affairs and $5,500 per month for ENS Resources). ATTACHMENTS The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package and attachments: • Draft Professional Services Agreement with Townsend Public Affairs, Inc. • Draft Professional Services Agreement with ENS Resources Page 3 of 3 Return to Aaenda Report PROFESSIONAL SERVICES AGREEMENT State Legislative Advocate Services Specification No. CS-2014-634BD THIS AGREEMENT is made and entered into as of [the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and with a principal business at (hereinafter referred to as "Legislative Advocate")collectively referred to as the"Parties". WITNESSETH WHEREAS, based on Legislative Advocate's expertise and experience, OCSD wishes to temporarily engage Legislative Advocate to provide State legislative advocate servi ("Services") as described in Exhibit"A'*nd WHEREAS, Legislative Advocate submitted its proposal, dated ; and A WHEREAS, on November 19, 2014, the Board of Directors of OCSD, by minute er, authorized execution of this Agreement between OCSD and Le ' lative Advocate; and , WHEREAS, OCSD has chosen Legislative Advocate to 16 u Services in accordance with Ordinance No. OCSD-44; and R NOW, THEREFORE, in consideration of the mutual p s and mutual benefits exchanged between the Parties, the Parties mutually agree as folio 1. Introduction 1.1 This Agreement and all exhibits h to Iled the "Agreement") is made by OCSD and Legislative Advocate. The Terms and Conditions herein exclusively govern the purchase of Services as described in the Scope of Work. 1.2 Exhibits to this Agreement are incorporated by reference and made a part of this Agreement as though fully set forth at length herein. Exhibits to this Agreement are as follows in order of precedence: Exhibit "A" Scope of Work Exhibit "B" Proposal Submitted by Legislative Advocate Exhibit "C" Acknowledgement of Insurance Requirements 1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all respects govern and control. 1.4 This Agreement may not be modified, changed or supplemented, nor may any obligations hereunder be waived or extensions of time for performance granted, except by written instrument signed by both Parties. 1.5 The various headings in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any Paragraph or provision hereof. 1.6 The term "days", when used in the Agreement, shall mean calendar days, unless otherwise Orange County Sanitation District 1 of 10 Specification No.CS-2014-634BD DRAFT AGREEMENT-DO NOT SUBMIT noted as workdays. 1.7 The term "workday'. Workdays are defined as all days that are not Saturday, Sunday, or legally observed holidays. Meetings with OCSD staff shall be scheduled from Monday through Thursday between the hours of 8AM and 4PM (exception is operations staff who maintain plant operations 24/7 and work a rotated 12-hour shift) and shall conform to OCSD work schedules. OCSD review periods shall not include legally observed holidays. 1.8 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents' Day Monday, Memorial Day Monday, Independence Day, Labor Day Monday, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.9 Work Hours: The work required under this Agreement may include normal Business hou evenings, and weekends. OCSD will not pay Travel Time. 1.10 Legislative Advocate shall provide OCSD with all required premiu �erti work at no charge beyond the prices provided [below or in Exhibit"B"]. Id 1.11 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Legislative Advocate as a result of work performed in anticipation of purchases of said services by OCSD. 2. Scope of Work Subject to the terms of this Agreement, Legislative Advocate shall perform the Services identified in [Exhibit "A" and . Legislative Advocate warrants that all of its Services shall be performed in a competent, professional and satisfactory manner. 3. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. A review of the time required for the modification will be made by OCSD and Legislative Advocate and the Agreement period adjusted accordingly. 4. Compensation Compensation to be paid by OCSD to Legislative Advocate for the Services provided under this Agreement shall be a total amount not to exceed r 1 ($r 1.00). 5. Payment and Invoicing 5.1 Legislative Advocate shall be paid monthly by OCSD upon approval of invoices by OCSD Project Manager, [ 1 or his designee, for Services rendered as defined in Exhibit "A". OCSD, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. 5.2 Invoices shall be emailed by Legislative Advocate to OCSD Accounts Payable at APStaff(rDOCSD.com and "INVOICE" and the Purchase Order number and "shall be referenced in the subject line. 6. Audit Rights Legislative Advocate agrees that, during the term of this Agreement and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Legislative Advocate relating to the invoices submitted by Legislative Advocate pursuant to this Agreement. 7. Commencement and Term The Services to be provided by Legislative Advocate under Orange County Sanitation District 2 of 10 Specification No.CS-2014-634BD DRAFT AGREEMENT-DO NOT SUBMIT Return to Mende Report this Agreement shall commence on January 1, 2015 and continue through December 31, 2015. 8. Renewals 8.1 OCSD may exercise the option to renew the Agreement for up to three (3) one-year periods based upon the criteria set forth in the specifications, Exhibit "A", under the terms and conditions contained herein. OCSD shall make no obligation to renew nor give reason if it elects not to renew. 8.2 Renewal may be made through the OCSD Purchase Order Process. 9. Extensions The Term of this Agreement may be extended only by written instrument signed by both Parties. 10. Performance Time is of the essence in the performance of the provisions hereof. 11. Termination , 11.1 OCSD reserves the right to terminate this Agreement for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD. Upon receipt of a terminati notice, Legislative Advocate shall immediately discontinue all work under this Agreemeflll�-(unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Legislative Advocate for work performed (cost and fee) to the date of termination. Legislative Advocate expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Agreement. Such notice of termination shall terminate this Agreement and release OCSD from any further fee, cost or claim hereunder by Legislative Advocate other than for work performed to the date of termination. 11.2 OCSD reserves the right to terminate this A7eement immediately upon OCSD's determination that Legislative Advocate is not meeting specification requirements, if the level of service is inadequate, or any other default of this Agreement. 11.3 OCSD may also immediately cancel for default of this Agreement in whole or in part by written notice to Legislative Advocate: if Legislative Advocate becomes insolvent or files a petition under the Bankruptcy Act; or • if Legislative Advocate sells its business; or • if Legislative Advocate breaches any of the terms of this Agreement; or • if total amount of compensation exceeds the amount authorized under this Agreement. 11.4 All OCSD property in the possession or control of Legislative Advocate shall be returned by Legislative Advocate to OCSD on demand, or at the termination of this Agreement, whichever occurs first. 12. Indemnification and Hold Harmless Provision Legislative Advocate shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Legislative Advocate's services under this Agreement, or by its subcontractor or by anyone directly or indirectly employed by Legislative Advocate, and whether such damage or injury shall accrue or be discovered before or after the termination of the Agreement. Except as to the sole active negligence of or willful misconduct of OCSD, Legislative Advocate shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, Orange County Sanitation District 3 of 10 Specification No.CS-2014-634BD DRAFT AGREEMENT-DO NOT SUBMIT including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Legislative Advocate's performance under the Agreement, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Agreement, and/or (c) on account of any goods and services provided under this Agreement. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Legislative Advocate of or anyone employed by or working under Legislative Advocate. To the maximum extent permitted by law, Legislative Advocate's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, o ry. Legislative Advocate agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. This section shall survive the expiration or early termination of the Agreement. 13. Insurance Legislative Advocate and all subcontractors shall purchase and maintain, throughout the life of this Agreement and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements, Exhibit "C". Legislative Advocate shall not commence work under this Agreement until all required insurance is obtained in a form acceptable to OCSD, nor shall Legislative Advocate allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Agreement. 14. Key Personnel Personnel, as provided in Exhibit—B", are considered "key' to the work under this Agreement and will be available for the term of the Agreement. No person designated as key under this Agreement shall be removed or replaced without prior written consent of OCSD. If OCSD asks Service Provider to remove a person designated as key under this Agreement, Service Provider agrees to do so immediately regardless of the reason, or the lack of reason, for OCSD's request. Service Provider shall assign only competent personnel to perform services pursuant to this Agreement. 15. Confidentiality and Non-Disclosure 15.1 Legislative Advocate acknowledges that in performing the Services hereunder, OCSD may have to disclose to Legislative Advocate orally and in writing certain confidential information that OCSD considers proprietary and has developed at great expense and effort. 15.2 Legislative Advocate agrees to maintain in confidence and not disclose to any person, firm, or corporation, without OCSD's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of OCSD. 15.3 Legislative Advocate further agrees to maintain in confidence and not to disclose to any person, firm, or corporation any data, information, technology, or material developed or obtained by Legislative Advocate during the term of this Agreement. 15.4 Legislative Advocate agrees as follows: • To use the Confidential Information only for the purposes described herein; to not reproduce Orange County Sanitation District 4 of 10 Specification No.CS-2014-634BD DRAFT AGREEMENT-DO NOT SUBMIT Return to Aaentle Report the Confidential Information; to hold in confidence and protect the Confidential Information from dissemination to and use by anyone not a party to this Agreement; and to not use the Confidential Information to benefit itself or others. • To restrict access to the Confidential Information to its Legislative Advocate or personnel of Legislative Advocate who (1) have a need to have such access and (2) have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement. • To return all Confidential Information in Legislative Advocate's possession upon termination of this Agreement or upon OCSD's request, whichever occurs first. • To hold in confidence information and materials, if any, developed pursuant to the Services hereunder. 15.5 The provisions of this Section shall survive termination or expiration of this Agreement and shall continue for so long as the material remains confidential. 16. Ownership of Documents All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Service Provider, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of OCSD and shall be promptly delivered to OCSD upon request of the Project Manager or upon the termination of this Agreement, and Service Provider shall have no claim for further employment or additional compensation as a result of the exercise by OCSD of its full rights f ownership of the documents and materials hereunder. Any use of such completed do F Of for other projects and/or use of incomplete documents without specific written authorization by the Service Provider will be at OCSD's sole risk and without liability to Service Provider. Service Provider shall ensure that all its subcontractors shall provide for assignment to OCSD of any documents or materials prepared by them. 17. Ownership of Intellectual Properfv 17.1 Legislative Advocate agrees that all designs, plans, reports, specifications, drawings, schematics, prototypes, models, inventions, and all other information and items made during the course of this Agreement and arising from the Services (hereinafter referred to as "New Developments")shall be and are assigned to OCSD as its sole and exclusive property. 17.2 Legislative Advocate agrees to promptly disclose to OCSD all such New Developments. Upon OCSD's request, Legislative Advocate agrees to assist OCSD, at OCSD's expense, to obtain patents or copyrights for such New Developments, including the disclosure of all pertinent information and data with respect thereto, the execution of all applications, specifications, assignments, and all other instruments and papers which OCSD shall deem necessary to apply for and to assign or convey to OCSD, its successors and assigns, the sole and exclusive right, title and interest in such New Developments. Legislative Advocate agrees to obtain or has obtained written assurances from its employees and contract personnel of their agreement to the terms hereof with regard to New Developments and Confidential Information. 17.3 Legislative Advocate warrants that Legislative Advocate has good title to any New Developments, and the right to assign New Developments to OCSD free of any proprietary rights of any other party or any other encumbrance whatever. 17.4 The originals of all computations, drawings, designs, graphics, studies, reports, manuals, photographs, videotapes, data, computer files, and other documents prepared or caused to be prepared by Legislative Advocate or its subcontractors in connection with these Services shall be delivered to and shall become the exclusive property of OCSD. OCSD may utilize Orange County Sanitation District 5 of 10 Specification No.CS-2014-634BD DRAFT AGREEMENT—DO NOT SUBMIT these documents for OCSD applications on other projects or extensions of this project, at its own risk. 18. No Solicitation of Employees or Subcontractors 18.1 Legislative Advocate agrees that it shall not, during the term of this Agreement and for a period of one (1) year immediately following termination of this Agreement, or any extension hereof, call on, solicit, or take away any of the employees or subcontractors about whom Legislative Advocate became aware as a result of Legislative Advocate's Services to OCSD. 18.2 Legislative Advocate acknowledges that OCSD's employees are critical to its business. Legislative Advocate agrees not to employ or otherwise engage OCSD's employees or subcontractors during the term of this Agreement and for a period of one (1) year following termination of this Agreement. Should Legislative hdvocate violate this provision, Legislative Advocate will pay OCSD fifty percent (500AW the former employee's annu salary which payment is in addition to OCSD's rights and remedies. 19. Independent Contractor Capacity 19.1 The relationship of Legislative Advocate to OCSD is that of an independent contractor and nothing herein shall be construed as creating an employment or agency relationship. 19.2 Legislative Advocate shall act independently and not as an officer or employee of OCSD. OCSD assumes no liability for Legislative Advocate's action and performance, nor assumes responsibility for taxes, funds, pa ants or other commitments, implied or expressed, by or for Legislative Advocate. 1 19.3 Legislative Advocate shall not be considered an agent of OCSD for any purpose whatsoever, nor shall Legislative Advocate have the right to, and shall not, commit OCSD to any agreement, contract or undertaking. Legislative Advocate shall not use OCSD's name in its promotional material or for any advertising or publicity purposes without expressed written consent. 19.4 Legislative Advo I not be entitled to any benefits accorded to those individuals listed on OCSD's payroll as regular employees including, without limitation, worker's compensation, disability insurance, vacation, holiday or sick pay. Legislative Advocate shall be responsible for providing, at Legislative Advocate's expense, disability, worker's compensation or other insurance as well as licenses and permits usual or necessary for conducting the Services hereunder. 19.5 Legislative Advocate shall be obligated to pay any and all applicable local, state and federal payroll and other taxes incurred as a result of fees hereunder. Legislative Advocate hereby indemnifies OCSD for any claims, losses, costs, fees, liabilities, damages or penalties suffered by OCSD arising out of Legislative Advocate's breach of this provision. 19.6 Legislative Advocate shall not be eligible to join or participate in any benefit plans offered to those individuals listed on OCSD's payroll as regular employees. Legislative Advocate shall remain ineligible for such benefits or participation in such benefit plans even if a court later decides that OCSD misclassified Legislative Advocate for tax purposes. 20. Licenses, Permits Legislative Advocate represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Agreement will be paid by Legislative Advocate. Orange County Sanitation District 6 of 10 Specification No.CS-2014-634BD DRAFT AGREEMENT-DO NOT SUBMIT Return to Mende Report 21. Legislative Advocate's Representations In the performance of duties under this Agreement, Legislative Advocate shall adhere to the highest fiduciary standards, ethical practices and standards of care and competence for their trade/profession. Legislative Advocate agrees to comply with all applicable Federal, State and local laws and regulations. 22. Familiarity with Work By executing this Agreement, Legislative Advocate warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Legislative Advocate discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Legislative Advocate's risk, until written instructions are received frorryOCSD. 23. Right to Review Services. Facilities. and Records • 23.1 OCSD reserves the right to review any portion of the Services performed by Legislative Advocate under this Agreem*ntndislative Advocate agrees to cooperate to the Tulle t extent possible. 23.2 Legislative Advo hto OCSD such reports, s"fmistica,ta other information pertaining to Legocate's Services as shall be reasonably required by OCSD to carry out its rights and responsibilities under its agreements with its bondholders or noteholders and any other agreement relating to the development of the project(s) and in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bonds and other obligations. 23.3 The right of OCSD to review or approve drawings, specifications, procedures, instructions, reports, test results, calculations, schedtlfes, or other data that are developed by Legislative Advocate shall not relieve Legislative Advocate of any obligation set forth herein. 24. Force Majeure Neft s e liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Agreement. 25. Severability If any section, subsection, or provision of this Agreement, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Agreement or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 26. Waiver The waiver of either party of any breach or violation of, or default under, any provision of this Agreement, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Agreement or default thereunder. Any breach by Legislative Advocate to which OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 27. Remedies In addition to other remedies available in law or equity, if the Legislative Advocate fails to make delivery of the goods or Services or repudiates its obligations under Orange County Sanitation District 7 of 10 Specification No.CS-2014-634BD DRAFT AGREEMENT-DO NOT SUBMIT this Agreement, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1)cancel the Agreement; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) "cover" by purchasing, or contracting to purchase, substitute goods or Services for those due from Legislative Advocate. In the event OCSD elects to "cover" as described in (3), OCSD shall be entitled to recover from Legislative Advocate as damages the difference between the cost of the substitute goods or Services and the contract price, together with any incidental or consequential damages. 28. Governing Law This Agreement shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Agreement or the performance thereof. 29.Attornev's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of thi Agreement, the prevailing party shall be entitled to reasonable attorney's fees, cos necessary disbursements in Vdition to any other relief to which he may be entitle 30. Dispute Resolution 30.1 In the event of a dispute as to the construction or interpretation of this Agreement, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted 0 accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting aWlternate dispute resolution process. 30.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et'seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each parry shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 31. Damage to OCSD's Property Any OCSD property damaged by Legislative Advocate will be subject to repair or replacement by Legislative Advocate at no cost to OCSD. 32. OCSD Safety and Human Resources Policies OCSD requires all contractors and consultants, including Legislative Advocate, to follow and ensure their employees and all subcontractors follow all State and Federal regulations as well as OCSD requirements while working at OCSD locations. If during the course of a contract it is discovered that OCSD policies, safety manuals, or contracts do not comply with State or Federal regulations then the Legislative Advocate is required to follow the most stringent regulatory requirement at no cost to OCSD. Legislative Advocate and all their employees and subcontractors, shall adhere to all applicable OCSD Safety and Human Resources Policies found at: OCSD.com, "Doc Central" (bottom of page), under"Safety". Orange County Sanitation District 8 of 10 Specification No.CS-2014-634BD DRAFT AGREEMENT—DO NOT SUBMIT Return to Agenda Report 33. Freight tF.O.6. Destination) Legislative Advocate assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Agreement. 34.Assignments Legislative Advocate shall not delegate any duties nor assign any rights under this Agreement without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 35. Conflict of Interest and Reporting 35.1 Legislative Advocate shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement. 35.2 Legislative Advocate affirms that to the best of its k wledge there exists no actual or potential conflict between Legislative Advocate's familie;usiness or financial interest or its Services under this Agreement, and in the event of change in either its private interests or Services under this Agreement, it will raise with OCSD any question regarding possible conflict of interest which may arise as a result of such change. 36. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OCSD and Legislative Advocate. 37. Non-Liability of OCSD Officers and Employees No officer or employee of OCk shall be personally liable to Service Provider, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Service Provider or to its successor, or for breach of any obligation to the terms of this Agreement. 36.Authority to Execute The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the Parties are formally bound.10 39. Read and Understood By signing this Agreement, Legislative Advocate represents that he has read and understood the terms and conditions of the Agreement. 40. Entire Agreement This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 9 of 10 Specification No.CS-2014-634BD DRAFT AGREEMENT-DO NOT SUBMIT 41. Notices All notices under this Agreement must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Any facsimile notice must be followed within three (3) days by written notice. Rejection or other refusal to accept or the inability to deliver because of changed address or which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OCSD: Clarice M. Marcin Senior Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Legislative Advocate: Company Each party shall provide the other party written notice of any change in *addreon as practicable. IN WITNESS WHEREOF, the Parties hereto havSet COhands the day and year indicated below. tCOITATION DISTRICT Dated: Chair Board of Directors D By: Clerk of the Board Dated: By: Contracts/Purchasing Manager COMPANY Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 10 of 10 Specification No.CS-2014-634BD DRAFT AGREEMENT-DO NOT SUBMIT Return to Aaenda Report PROFESSIONAL SERVICES AGREEMENT Federal Legislative Advocate Services Specification No. CS-2014-633BD THIS AGREEMENT is made and entered into as of [the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and with a principal business at (hereinafter referred to as "Legislative Advocate")collectively referred to as the"Parties". WITNESSETH WHEREAS, based on Legislative Advocate's expertise and experience, OCSD wishes to temporarily engage Legislative Ad provide federal legislative advocate servi ("Services") as described in Exhibit"A' WHEREAS, Legislative Advocate submitted its prop , dated ; and A WHEREAS, on November 19, 2014, the Board of Directors of OCSD, by minute er, authorized execution of this Agreement between OCSD and Le ' lative Advocate; and , WHEREAS, OCSD has chosen Legislative Advocate to 16 u Services in accordance with Ordinance No. OCSD-44; and NOW, THEREFORE, in consideration of the mutual p s and mutual benefits exchanged between the Parties, the Parties mutually agree as tollo 1. Introduction 1.1 This Agreement and all exhibits h to Iled the "Agreement") is made by OCSD and Legislative Advocate. The Terms and Conditions herein exclusively govern the purchase of Services as described in the Scope of Work. 1.2 Exhibits to this Agreement are incorporated by reference and made a part of this Agreement as though fully set forth at length herein. Exhibits to this Agreement are as follows in order of precedence: Exhibit "A" Scope of Work Exhibit "B" Proposal Submitted by Legislative Advocate Exhibit "C" Acknowledgement of Insurance Requirements 1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all respects govern and control. 1.4 This Agreement may not be modified, changed or supplemented, nor may any obligations hereunder be waived or extensions of time for performance granted, except by written instrument signed by both Parties. 1.5 The various headings in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any Paragraph or provision hereof. 1.6 The term "days", when used in the Agreement, shall mean calendar days, unless otherwise Orange County Sanitation District 1 of 10 Specification No.CS-2014-633BD DRAFT AGREEMENT-DO NOT SUBMIT noted as workdays. 1.7 The term "workday'. Workdays are defined as all days that are not Saturday, Sunday, or legally observed holidays. Meetings with OCSD staff shall be scheduled from Monday through Thursday between the hours of 8AM and 4PM (exception is operations staff who maintain plant operations 24/7 and work a rotated 12-hour shift) and shall conform to OCSD work schedules. OCSD review periods shall not include legally observed holidays. 1.8 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents' Day Monday, Memorial Day Monday, Independence Day, Labor Day Monday, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.9 Work Hours: The work required under this Agreement may include normal Business hou evenings, and weekends. OCSD will not pay Travel Time. 1.10 Legislative Advocate shall provide OCSD with all required premiu �erti work at no charge beyond the prices provided [below or in Exhibit"B"]. Id 1.11 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Legislative Advocate as a result of work performed in anticipation of purchases of said services by OCSD. 2. Scope of Work Subject to the terms of this Agreement, Legislative Advocate shall perform the Services identified in [Exhibit "A" and . Legislative Advocate warrants that all of its Services shall be performed in a competent, professional and satisfactory manner. 3. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. A review of the time required for the modification will be made by OCSD and Legislative Advocate and the Agreement period adjusted accordingly. 4. Compensation Compensation to be paid by OCSD to Legislative Advocate for the Services provided under this Agreement shall be a total amount not to exceed r 1 ($r 1.00). 5. Payment and Invoicing 5.1 Legislative Advocate shall be paid monthly by OCSD upon approval of invoices by OCSD Project Manager, [ 1 or his designee, for Services rendered as defined in Exhibit "A". OCSD, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. 5.2 Invoices shall be emailed by Legislative Advocate to OCSD Accounts Payable at APStaff(rDOCSD.com and "INVOICE" and the Purchase Order number and "shall be referenced in the subject line. 6. Audit Rights Legislative Advocate agrees that, during the term of this Agreement and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Legislative Advocate relating to the invoices submitted by Legislative Advocate pursuant to this Agreement. 7. Commencement and Term The Services to be provided by Legislative Advocate under Orange County Sanitation District 2 of 10 Specification No.CS-2014-633BD DRAFT AGREEMENT-DO NOT SUBMIT Return to Mende Report this Agreement shall commence on January 1, 2015 and continue through December 31, 2015. 8. Renewals 8.1 OCSD may exercise the option to renew the Agreement for up to three (3) one-year periods based upon the criteria set forth in the specifications, Exhibit "A", under the terms and conditions contained herein. OCSD shall make no obligation to renew nor give reason if it elects not to renew. 8.2 Renewal may be made through the OCSD Purchase Order Process. 9. Extensions The Term of this Agreement may be extended only by written instrument signed by both Parties. 10. Performance Time is of the essence in the performance of the provisions hereof. 11. Termination , 11.1 OCSD reserves the right to terminate this Agreement for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD. Upon receipt of a terminati notice, Legislative Advocate shall immediately discontinue all work under this Agreemeflll�-(unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Legislative Advocate for work performed (cost and fee) to the date of termination. Legislative Advocate expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Agreement. Such notice of termination shall terminate this Agreement and release OCSD from any further fee, cost or claim hereunder by Legislative Advocate other than for work performed to the date of termination. 11.2 OCSD reserves the right to terminate this A7eement immediately upon OCSD's determination that Legislative Advocate is not meeting specification requirements, if the level of service is inadequate, or any other default of this Agreement. 11.3 OCSD may also immediately cancel for default of this Agreement in whole or in part by written notice to Legislative Advocate: if Legislative Advocate becomes insolvent or files a petition under the Bankruptcy Act; or • if Legislative Advocate sells its business; or • if Legislative Advocate breaches any of the terms of this Agreement; or • if total amount of compensation exceeds the amount authorized under this Agreement. 11.4 All OCSD property in the possession or control of Legislative Advocate shall be returned by Legislative Advocate to OCSD on demand, or at the termination of this Agreement, whichever occurs first. 12. Indemnification and Hold Harmless Provision Legislative Advocate shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Legislative Advocate's services under this Agreement, or by its subcontractor or by anyone directly or indirectly employed by Legislative Advocate, and whether such damage or injury shall accrue or be discovered before or after the termination of the Agreement. Except as to the sole active negligence of or willful misconduct of OCSD, Legislative Advocate shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, Orange County Sanitation District 3 of 10 Specification No.CS-2014-633BD DRAFT AGREEMENT-DO NOT SUBMIT including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Legislative Advocate's performance under the Agreement, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Agreement, and/or (c) on account of any goods and services provided under this Agreement. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Legislative Advocate of or anyone employed by or working under Legislative Advocate. To the maximum extent permitted by law, Legislative Advocate's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, o ry. Legislative Advocate agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. This section shall survive the expiration or early termination of the Agreement. 13. Insurance Legislative Advocate and all subcontractors shall purchase and maintain, throughout the life of this Agreement and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements, Exhibit "C". Legislative Advocate shall not commence work under this Agreement until all required insurance is obtained in a form acceptable to OCSD, nor shall Legislative Advocate allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Agreement. 14. Key Personnel Personnel, as provided in Exhibit—B", are considered "key' to the work under this Agreement and will be available for the term of the Agreement. No person designated as key under this Agreement shall be removed or replaced without prior written consent of OCSD. If OCSD asks Service Provider to remove a person designated as key under this Agreement, Service Provider agrees to do so immediately regardless of the reason, or the lack of reason, for OCSD's request. Service Provider shall assign only competent personnel to perform services pursuant to this Agreement. 15. Confidentiality and Non-Disclosure 15.1 Legislative Advocate acknowledges that in performing the Services hereunder, OCSD may have to disclose to Legislative Advocate orally and in writing certain confidential information that OCSD considers proprietary and has developed at great expense and effort. 15.2 Legislative Advocate agrees to maintain in confidence and not disclose to any person, firm, or corporation, without OCSD's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of OCSD. 15.3 Legislative Advocate further agrees to maintain in confidence and not to disclose to any person, firm, or corporation any data, information, technology, or material developed or obtained by Legislative Advocate during the term of this Agreement. 15.4 Legislative Advocate agrees as follows: • To use the Confidential Information only for the purposes described herein; to not reproduce Orange County Sanitation District 4 of 10 Specification No.CS-2014-633BD DRAFT AGREEMENT-DO NOT SUBMIT Return to Aaentle Report the Confidential Information; to hold in confidence and protect the Confidential Information from dissemination to and use by anyone not a party to this Agreement; and to not use the Confidential Information to benefit itself or others. • To restrict access to the Confidential Information to its Legislative Advocate or personnel of Legislative Advocate who (1) have a need to have such access and (2) have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement. • To return all Confidential Information in Legislative Advocate's possession upon termination of this Agreement or upon OCSD's request, whichever occurs first. • To hold in confidence information and materials, if any, developed pursuant to the Services hereunder. 15.5 The provisions of this Section shall survive termination or expiration of this Agreement and shall continue for so long as the material remains confidential. 16. Ownership of Documents All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Service Provider, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of OCSD and shall be promptly delivered to OCSD upon request of the Project Manager or upon the termination of this Agreement, and Service Provider shall have no claim for further employment or additional compensation as a result of the exercise by OCSD of its full rights f ownership of the documents and materials hereunder. Any use of such completed do F Of for other projects and/or use of incomplete documents without specific written authorization by the Service Provider will be at OCSD's sole risk and without liability to Service Provider. Service Provider shall ensure that all its subcontractors shall provide for assignment to OCSD of any documents or materials prepared by them. 17. Ownership of Intellectual Properfv 17.1 Legislative Advocate agrees that all designs, plans, reports, specifications, drawings, schematics, prototypes, models, inventions, and all other information and items made during the course of this Agreement and arising from the Services (hereinafter referred to as "New Developments")shall be and are assigned to OCSD as its sole and exclusive property. 17.2 Legislative Advocate agrees to promptly disclose to OCSD all such New Developments. Upon OCSD's request, Legislative Advocate agrees to assist OCSD, at OCSD's expense, to obtain patents or copyrights for such New Developments, including the disclosure of all pertinent information and data with respect thereto, the execution of all applications, specifications, assignments, and all other instruments and papers which OCSD shall deem necessary to apply for and to assign or convey to OCSD, its successors and assigns, the sole and exclusive right, title and interest in such New Developments. Legislative Advocate agrees to obtain or has obtained written assurances from its employees and contract personnel of their agreement to the terms hereof with regard to New Developments and Confidential Information. 17.3 Legislative Advocate warrants that Legislative Advocate has good title to any New Developments, and the right to assign New Developments to OCSD free of any proprietary rights of any other party or any other encumbrance whatever. 17.4 The originals of all computations, drawings, designs, graphics, studies, reports, manuals, photographs, videotapes, data, computer files, and other documents prepared or caused to be prepared by Legislative Advocate or its subcontractors in connection with these Services shall be delivered to and shall become the exclusive property of OCSD. OCSD may utilize Orange County Sanitation District 5 of 10 Specification No.CS-2014-633BD DRAFT AGREEMENT—DO NOT SUBMIT these documents for OCSD applications on other projects or extensions of this project, at its own risk. 18. No Solicitation of Employees or Subcontractors 18.1 Legislative Advocate agrees that it shall not, during the term of this Agreement and for a period of one (1) year immediately following termination of this Agreement, or any extension hereof, call on, solicit, or take away any of the employees or subcontractors about whom Legislative Advocate became aware as a result of Legislative Advocate's Services to OCSD. 18.2 Legislative Advocate acknowledges that OCSD's employees are critical to its business. Legislative Advocate agrees not to employ or otherwise engage OCSD's employees or subcontractors during the term of this Agreement and for a period of one (1) year following termination of this Agreement. Should Legislative hdvocate violate this provision, Legislative Advocate will pay OCSD fifty percent (500AW the former employee's annu salary which payment is in addition to OCSD's rights and remedies. 19. Independent Contractor Capacity r 19.1 The relationship of Legislative Advocate to OCSD is that of an independent contractor and nothing herein shall be construed as creating an employment or agency relationship. 19.2 Legislative Advocate shall act independently and not as an officer or employee of OCSD. OCSD assumes no liability for Legislative Advocate's action and performance, nor assumes responsibility for taxes, funds, pa ants or other commitments, implied or expressed, by or for Legislative Advocate. 1 19.3 Legislative Advocate shall not be considered an agent of OCSD for any purpose whatsoever, nor shall Legislative Advocate have the right to, and shall not, commit OCSD to any agreement, contract or undertaking. Legislative Advocate shall not use OCSD's name in its promotional material or for any advertising or publicity purposes without expressed written consent. 19.4 Legislative Advoc I not be entitled to any benefits accorded to those individuals listed on OCSD's payroll as regular employees including, without limitation, worker's compensation, disability insurance, vacation, holiday or sick pay. Legislative Advocate shall be responsible for providing, at Legislative Advocate's expense, disability, worker's compensation or other insurance as well as licenses and permits usual or necessary for conducting the Services hereunder. 19.5 Legislative Advocate shall be obligated to pay any and all applicable local, state and federal payroll and other taxes incurred as a result of fees hereunder. Legislative Advocate hereby indemnifies OCSD for any claims, losses, costs, fees, liabilities, damages or penalties suffered by OCSD arising out of Legislative Advocate's breach of this provision. 19.6 Legislative Advocate shall not be eligible to join or participate in any benefit plans offered to those individuals listed on OCSD's payroll as regular employees. Legislative Advocate shall remain ineligible for such benefits or participation in such benefit plans even if a court later decides that OCSD misclassified Legislative Advocate for tax purposes. 20. Licenses, Permits Legislative Advocate represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Agreement will be paid by Legislative Advocate. Orange County Sanitation District 6 of 10 Specification No.CS-2014-633BD DRAFT AGREEMENT—DO NOT SUBMIT Return to Mende Report 21. Legislative Advocate's Representations In the performance of duties under this Agreement, Legislative Advocate shall adhere to the highest fiduciary standards, ethical practices and standards of care and competence for their trade/profession. Legislative Advocate agrees to comply with all applicable Federal, State and local laws and regulations. 22. Familiarity with Work By executing this Agreement, Legislative Advocate warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Legislative Advocate discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Legislative Advocate's risk, until written instructions are received frorryOCSD. 23. Right to Review Services. Facilities. and Records • 23.1 OCSD reserves the right to review any portion of the Services performed by Legislative Advocate under this Agreem*ntndIllislative Advocate agrees to cooperate to the Tulle textent possible.23.2 Legislative Advo�hto OCSD such reports, sffistic�t�nd other information pertaining to Legocate's Services as shall be reasonably required by OCSD to carry out its rights and responsibilities under its agreements with its bondholders or noteholders and any other agreement relating to the development of the project(s) and in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bonds and other obligations. 23.3 The right of OCSD to review or approve drawings, specifications, procedures, instructions, reports, test results, calculations, schedtlfes, or other data that are developed by Legislative Advocate shall not relieve Legislative Advocate of any obligation set forth herein. 24. Force Majeure Net s e liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Agreement. 25. Severability If any section, subsection, or provision of this Agreement, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Agreement or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 26. Waiver The waiver of either party of any breach or violation of, or default under, any provision of this Agreement, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Agreement or default thereunder. Any breach by Legislative Advocate to which OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 27. Remedies In addition to other remedies available in law or equity, if the Legislative Advocate fails to make delivery of the goods or Services or repudiates its obligations under Orange County Sanitation District 7 of 10 Specification No.CS-2014-633BD DRAFT AGREEMENT-DO NOT SUBMIT this Agreement, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1)cancel the Agreement; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) "cover" by purchasing, or contracting to purchase, substitute goods or Services for those due from Legislative Advocate. In the event OCSD elects to "cover" as described in (3), OCSD shall be entitled to recover from Legislative Advocate as damages the difference between the cost of the substitute goods or Services and the contract price, together with any incidental or consequential damages. 28. Governing Law This Agreement shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Agreement or the performance thereof. 29.Attornev's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of thi Agreement, the prevailing party shall be entitled to reasonable attorney's fees, cos necessary disbursements in Vdition to any other relief to which he may be entitle 30. Dispute Resolution 30.1 In the event of a dispute as to the construction or interpretation of this Agreement, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted 0 accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting aWlternate dispute resolution process. 30.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et'seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each parry shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 31. Damage to OCSD's Property Any OCSD property damaged by Legislative Advocate will be subject to repair or replacement by Legislative Advocate at no cost to OCSD. 32. OCSD Safety and Human Resources Policies OCSD requires all contractors and consultants, including Legislative Advocate, to follow and ensure their employees and all subcontractors follow all State and Federal regulations as well as OCSD requirements while working at OCSD locations. If during the course of a contract it is discovered that OCSD policies, safety manuals, or contracts do not comply with State or Federal regulations then the Legislative Advocate is required to follow the most stringent regulatory requirement at no cost to OCSD. Legislative Advocate and all their employees and subcontractors, shall adhere to all applicable OCSD Safety and Human Resources Policies found at: OCSD.com, "Doc Central" (bottom of page), under"Safety". Orange County Sanitation District 8 of 10 Specification No.CS-2014-633BD DRAFT AGREEMENT—DO NOT SUBMIT Return to Agenda Report 33. Freight tF.O.6. Destination) Legislative Advocate assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Agreement. 34.Assignments Legislative Advocate shall not delegate any duties nor assign any rights under this Agreement without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 35. Conflict of Interest and Reporting 35.1 Legislative Advocate shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement. 35.2 Legislative Advocate affirms that to the best of its k wledge there exists no actual or potential conflict between Legislative Advocate's familie;usiness or financial interest or its Services under this Agreement, and in the event of change in either its private interests or Services under this Agreement, it will raise with OCSD any question regarding possible conflict of interest which may arise as a result of such change. 36. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OCSD and Legislative Advocate. 37. Non-Liability of OCSD Officers and Employees No officer or employee of OCk shall be personally liable to Service Provider, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Service Provider or to its successor, or for breach of any obligation to the terms of this Agreement. 36.Authority to Execute The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the Parties are formally bound.10 39. Read and Understood By signing this Agreement, Legislative Advocate represents that he has read and understood the terms and conditions of the Agreement. 40. Entire Agreement This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 9 of 10 Specification No.CS-2014-633BD DRAFT AGREEMENT-DO NOT SUBMIT 41. Notices All notices under this Agreement must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Any facsimile notice must be followed within three (3) days by written notice. Rejection or other refusal to accept or the inability to deliver because of changed address or which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OCSD: Clarice M. Marcin Senior Contracts Administrator Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Legislative Advocate: Company Each party shall provide the other party written notice of any change in *addreon as practicable. IN WITNESS WHEREOF, the Parties hereto havSet COhands the day and year indicated below. tCOITATION DISTRICT Dated: Chair Board of Directors D By: Clerk of the Board Dated: By: Contracts/Purchasing Manager COMPANY Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 10 of 10 Specification No.CS-2014-633BD DRAFT AGREEMENT-DO NOT SUBMIT ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary Glossary of Terms and Abbreviations AQMD Air Quality Management District ASCE American Society of Civil Engineers BOD Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease FSSD Facilities Support Services Department gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) ICS Incident Command System IERP Integrated Emergency Control Plan LOS Level of Service MGD Million gallons per day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O&M Operations and Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District GOBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration POTW Publicly Owned Treatment Works ppm Parts per million RFP Request For Proposal RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency Glossary of Terms and Abbreviations SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation Activated-sludge process — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved nutrients in the wastewater. Benthos— The community of organisms, such as sea stars, worms and shrimp, which live on, in, or near the seabed, also know as the benthic zone. Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farm land or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Certificate of Participation (COP) —A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Glossary of Terms and Abbreviations Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (D!f) — the dilution at which the majority of the people detect the odor becomes the DrT for that air sample. Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect"). Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service (LOS)—Goals to support environmental and public expectations for performance. NDMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban run-off. South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge—Untreated solid material created by the treatment of wastewater. Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater. Trickling filter — A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. Glossary of Terms and Abbreviations Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. Wastewater—Any water that enters the sanitary sewer. Watershed —A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.