HomeMy WebLinkAboutCS-2018-970BD.pdf REQUEST FOR PROPOSAL (RFP)
FOR
State Lobbyist
CS-2018-97OBD
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ORANGE COUNTY SANITATION DISTRICT
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CA 92708
KEY ACTION DATES
Issued: July 24, 2018
Questions Cut-Off: July 31, 2018 at 2:00 P.M. PT
RFP Submittal: August 21, 2018 at 2:00 P.M. PT
RFP Type: Electronic Submittal
Buyer: Jennifer Martin
IMPORTANT NOTICE—ATTENTION ALL PROPOSERS
The Orange County Sanitation District(OCSD) has implemented a new photo ID visitor badge system requiring
the scanning of all visitors' driver licenses. If you are planning to attend a pre-proposal meeting, please plan to
arrive 15-30 minutes early to obtain a photo ID visitor badge from OCSD personnel located in the lobby of the
Plant 1 Administration Building.
ALL PROPOSERS MUST BE REGISTERED ON OCSD'S PLANETBIDS SYSTEM
IN ORDER TO SUBMIT A PROPOSAL.
Orange County Sanitation District
10844 Ellis Avenue.Fauntaln Vell, CA92]08
,14 962 2411 wvnv ocAd.cam
July 24, 2018
Specification No. CS-2018-97OBD
1 REQUEST FOR PROPOSAL (RFP)
State Lobbyist
Specification No. CS-2018-97OBD
Submittal Information
Orange County Sanitation District(OCSD) of Orange County, California, will
receive proposals until August 21, 2018, 2:00 p.m. PT. Proposals must be
received via our PlanetBids system at CAA ocsd cam by the date and time
herein above set forth, at which time it will be automatically tabulated. The buyer
will then examine each proposal for responsiveness.
Proposals must be submitted in accordance with all provisions of the
specifications.
Jennifer Martin
Contracts, Purchasing & Materials Management
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ATTENTION PROPOSERS
Only RFP documents downloaded from OCSD's website (v:,%w,.ocsc.com) shall be
considered official as OCSD needs to track RFP holders in case an addendum is
issued.
General Provisions, page 3
Contract Provisions, page 5
Desired Qualifications and Experience, page 8
Proposal Format and Content, page 9
Evaluation Procedures, page 12
Evaluation Criteria, page 13
Attachment A: Scope of Work
Attachment B: *Cost Proposal Form
Attachment C: Acknowledgement of Insurance
Attachment D: Filing of Protests and Protest Procedures
Attachment E: Draft Contract
Attachment F: Terms and Conditions for Request for Proposal
Attachment G: Won-Collusion Affidavit
Attachment H: *Reference Sheet
*These pages must be submitted/uploaded with the Proposal.
2 GENERAL PROVISIONS
The following general proposal provisions, contract provisions, Scope of Work, all
attachments, and Terms & Conditions provided herein shall apply to all proposals.
2.1 Proposal Cost— Proposal costs shall be uploaded as a separate file online via
our PlanetBids system at .i xw ocsd c;m.
2.2 Proposal Validity- Proposals submitted hereunder shall be valid for a period of
not less than 180 calendar days from the date of submittal.
2.3 Preparation Costs—All costs incurred in the preparation, submission and/or
presentation of any proposal responding to this Request for Proposal package,
including, but not limited to prospective proposer's travel and personal expenses
shall be the sole responsibility of the proposer and shall not be reimbursed by
OCSD.
OCSD shall not pay for any costs incurred for proposal preparation as a result of
termination of this Request for Proposal or termination of the contract resulting
from this proposal.
2.4 Disqualification of Proposals— More than one proposal from any person, firm,
partnership, corporation or association under the same or different names will not
be accepted and any reasonable grounds for believing that any person, firm,
partnership, corporation or association has a legal interest in more than one
proposal will be cause for rejecting all proposals in which such person, firm,
partnership, corporation or association has an interest. Apparent collusion among
the Proposers will likewise be sufficient cause for rejecting any or all proposals,
and the participants in such collusion may be barred or disqualified from
submitting future proposals to OCSD.
Proposals in which the prices obviously are inconsistent may be rejected. The
wording of the proposals shall not be changed. Any additions, conditions,
limitations, or provisions inserted by the Proposer will render the proposal
irregular and may cause its rejection. OCSD reserves the right to reject any and
all proposals, extend deadlines, and enter into negotiations with any Proposer.
2.5 Receipt of Proposals—All Proposers must submit/upload their proposals and
required forms by the date and time called for in the REP, which is 2:00 p.m. PT
on August 21, 2018.
2.6 Confidential Information — Proposals submitted to OCSD may contain
technical, financial or other information that, if publicly disclosed, may cause
substantial injury to the Proposer's competitive position, or may be a trade
secret. To protect such information from disclosure, the Proposer may upload a
Public Copy of their proposal that redacts any purported confidential information.
The file uploaded should be clearly titled "Public Copy'.
Redaction consists of the Proposer making the sensitive information unreadable.
This can be done by blacking out the text with a marking pen or covering the text
with a blank piece of paper. By redacting or covering the text rather than deleting
the text, the pagination of the original proposal will be preserved.
In the event that a "Public Copy" is not provided at time of Proposal submission,
OCSD shall assume that the proposer has declared and agreed that no
REQUEST FOR PROPOSAL Page 3 of 13 Specification No. CS-2018-97OBD
Confidential Information exists in its proposal and make the original proposal
available in its entirety to Public Information Records Requests.
OCSD will use its best efforts to inform the Proposer of any request for any
financial records or documents marked "Trade Secret", "Confidential" or
"Proprietary" provided by the Proposer to OCSD. OCSD will not advise as to the
nature or content of documents entitled to protection from disclosure under the
California Public Records Act.
OCSD will not be held liable for any damage or injury which may result from any
disclosure of information provided by Proposer. In submitting a Proposal the
Proposer agrees to indemnify, defend, assume and pay for all costs incurred by
OCSD including, but not limited to, attorneys' fees awarded by the court, if the
Proposer asserts that information provided by Proposer is confidential
information, and in reliance upon Proposer's affidavit, OCSD does not disclose
material provided to OCSD by the Proposer.
2.7 Protests — By submitting a Proposal, each Proposer hereby agrees and
understands that the Proposer must comply with Attachment D "Filing of Protests
and Protest Procedures".
2.8 Debriefing—A debriefing is available upon request to anyone who submitted a
proposal response to a solicitation (Proposer). A Proposer will be accorded fair
and equal treatment with respect to its opportunity for debriefing on Proposer's
submitted proposal. Debriefings will be scheduled after contract award.
Debriefings may be done orally, in writing or by any other method acceptable to
OCSD.
2.9 Addenda-Any OCSD changes to the requirements will be made by an
addendum to this RFP. Any addendum issued pertaining to this RFP shall be
incorporated into the terms and conditions of any resulting Contract. OCSD will
not be bound to any modifications to or deviations from the requirements set forth
in this RFP as the result of oral instructions.
2.10 Clarifications - Should a Proposer require clarification of this RFP, the Proposer
shall notify OCSD in writing in accordance with Section Inquiries. Should it be
found that the point in question is not clearly and fully set forth, OCSD will issue
an addendum clarifying the matter which will be sent to all parties who have
downloaded the official RFP documents.
2.11 Inquiries — Prospective Proposers are required to put all questions, clarifications
or comments in writing and submit online via the Q&A process for this RFP at
OCSD's PlanetBids System at n±w , ocs.i o�m no later than 2:00 p.m. PT on
July 31, 2018.
REQUEST FOR PROPOSAL Page 4 of 13 Specification No. CS-2018-97OBD
3 CONTRACT PROVISIONS
3.1 Award Recommendation —An Award Recommendation may be sent to any
Proposer selected. Award is contingent upon the successful negotiation of final
contract terms. Negotiations shall be confidential and shall not be subject to
disclosure to competing Proposers unless a final agreement is reached. If
contract negotiations cannot be concluded successfully, OCSD may negotiate a
contract with the next highest scoring Proposer or withdraw the RFP.
3.2 No Commitment to Award — Issuance of this RFP and receipt of proposals
does not commit OCSD to award a contract. OCSD expressly reserves the right
to postpone proposal opening for its own convenience, to accept or reject any
and/or all proposals received in response to this RFP, to negotiate with more
than one Proposer concurrently, or to cancel all or part of this proposal.
3.3 Award of Proposal—Award will be made to the Proposer offering the most
advantageous proposal after consideration of all Evaluation Criteria set forth in
Section 6 herein. OCSD shall not be obligated to accept the lowest priced
proposal, but will make an award based on the best interests of the OCSD after
all factors have been evaluated. Best interest is determined by scoring of
proposals and the top scoring proposal will be recommended for award.
3.4 Award Selection Process —Selection of qualified Proposers will be based on
the evaluation criteria outlined in Section 6. Additional questions may be asked of
Proposers, site visits may be requested, and interviews may be conducted.
Proposers will be notified of any additional required information, follow-up or
interviews after the written proposals have been evaluated.
3.5 Contract—OCSD will require the awarded Consultant to enter into a Contract
binding all the terms, conditions and provisions of the RFP, including Scope of
Work, the Proposal and associated documents. A draft Contract containing key
provisions required by OCSD is provided hereto as Attachment E.
3.6 Non-Exclusive Contract—This Contract is a non-exclusive contract. OCSD
reserves the right to enter into contracts with one or more companies in order to
provide supplemental services.
3.7 Assignment of Contract -This Contract will not be assigned to another
Consultant without prior written authorization of OCSD.
3.8 Contract Term —The services provided under this Contract commencing on the
contract start date identified in the Notice to Proceed and shall continue said
Services for the period of four (4) years tentatively commencing on January 1,
2019 and continuing through December 31, 2022,
3.9 Pricing —Cost Proposal for State Lobbyist shall remain firm during the contract
period.
3.10 Renewal of Contract—OCSD may exercise the option to renew the Contract for
one (1) one-year period based upon the criteria set forth in these specifications if
mutually acceptable contract terms can be negotiated.
REQUEST FOR PROPOSAL Page 5 of 13 Specification No. CS-2018-97OBD
3.11 California Law—The Contract with the Awarded Consultant shall be governed
by the laws of the State of California.
3.12 Termination—OCSD reserves the right to terminate the Contract, in whole or in
part, without cause, at any time, by written notice to Consultant. Such notice of
termination shall terminate the Contract and release OCSD from any further fee,
cost or claim by Consultant other than for work performed to the date of
termination. Upon receipt of a termination notice, Consultant shall immediately
discontinue all work under the Contract(unless the notice directs otherwise).
OCSD shall thereafter, within thirty (30) days, pay Consultant for work performed
(cost and fee) up to the date of termination.
3.13 Payment & Invoicing
Monthly: OCSD shall pay monthly for services rendered.
OCSD shall pay, Net 30 days, upon receipt of itemized invoices, submitted in
duplicate, in a form acceptable to OCSD to enable audit of the charges thereon.
The Awarded Consultant will mail the invoices to Orange County Sanitation
District, 10844 Ellis Avenue, Fountain Valley, CA 92708, Attention Accounts
Payable or via email to r PS r`Kc,�o �d ,,o-,. All cash discounts shall be taken
and computed from the date of completion of tasks or acceptance of equipment,
material, installation and training, or from the date of receipt of invoice, whichever
occurs last.
In an effort to provide quicker payment, OCSD may offer payment by Single-Use
Account(SUA).
OCSD is required to withhold 7% on all payments made to non-California
resident service providers for professional services, rents, leases or royalties
paid. Any funds withheld shall be remitted to the California Franchise Tax Board
on a quarterly basis. Vendors may be exempt from this requirement by their
exemption status and submitting the California Form 590 to OCSD's Financial
Management Division via regular mail or email to APStaff.0 ocsc corn.
3.14 Pre-Contractual Expenses—OCSD shall not, under any circumstance, be liable
for Proposers cost of engaging in any activity prior to the effective date of award,
if any, of a contract resulting from this RFP.
3.15 Work Hours— Unless otherwise noted in Attachment A, Scope of Work, the
Awarded Consultant will schedule work through OCSD's Project Manager.
Consultant will not come on site unannounced. All work shall be scheduled
Monday through Friday, between 0700 and 1600 hours. OCSD will not pav
travel time.
3.16 Damage to OCSD's Property—Any OCSD property damaged by the Awarded
Consultant, any subcontractor, or by the personnel of either will be subject to
repair or replacement by the awarded Consultant at no cost to OCSD.
3.17 Insurance - Consultant must meet all insurance requirements as outlined in
Attachment C, the Acknowledgement of Insurance Requirements and
Certification of Ability to Provide Coverage's Specified affidavit, which must be
REQUEST FOR PROPOSAL Page 6 of 13 Specification No. CS-2018-97OBD
executed and submitted with the proposal. Certificate of Insurance must only be
completed by the Awarded Consultant.
3.18 OCSD's Safety Standards and Human Resources (HR) Requirements-
OCSD requires all contractors and service providers 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 Consultant is required to
follow the most stringent regulatory requirement at no cost to OCSD. Consultant
and all their employees and subcontractors, shall adhere to all applicable OCSD
Safety and Human Resources Policy found at wvv,, o C. ,orn 'Safety and
Human Resources Policy" (hover over ABOUT US), select "Safety and Human
Resources Policy". Click "HR Policies"to access OCSD Human Resources
Policies. Click "Safety Policies' to access the OCSD Safety Standards (10115/15)
Version 7 and OCSD Standard Operating Procedures. Disregard "OCIP Safety
Standards" and "OCSD Safety Standards 9-10-15"
3.19 Riciht to Review Services Facilities and Records - OCSD reserves the right
to review any portion of the services performed by the Consultant under this
Contract, and the Consultant agrees to cooperate to the fullest extent possible.
The Consultant shall furnish to OCSD such reports, statistical data, and other
information pertaining to the Consultant's services as shall be reasonably
required by OCSD to carry out its rights and responsibilities under its Contracts
with its bondholders or note holders and any other Contract 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 bond and other obligations.
The right of OCSD to review or approve drawings, specifications, procedures,
instructions, reports, test results, calculations, schedules, or other data that are
developed by the Consultant shall not relieve the Consultant of any obligation set
forth herein.
3.20 Permits, Ordinances and Regulations -Any and all fees required by Federal,
State, County, City and/or local laws, codes and/or tariffs that pertain to work
performed under the terms of this Contract will be paid by the awarded
Consultant. Fees demanded for obtaining certificates, including associated
inspection fees and expenses of regulatory body inspectors shall be paid by the
contractor.
3.21 Independent Contractor— It is further understood that the Consultant, and its
employees, in performing this contract operates as an independent contractor
and not as an employee or agent of OCSD.
3.22 Staff Assistance— Contractor will be provided with the name and contact
information of the Project Coordinator at the start of the contract. Upon award of
contract, questions regarding the scope of work, scheduling, etc. for this project
should be addressed to the Project Coordinator. Also upon award of contract,
please refer all contractual matters, aside from those of a technical nature, to the
buyer as referenced in the Bid documents.
REQUEST FOR PROPOSAL Page 7 of 13 Specification No. CS-2018-97OBD
4 DESIRED QUALIFICATIONS AND EXPERIENCE
4.1 The ideal Consultant shall:
4.1.1 Have experience in providing legislative and intergovernmental services,
or other related experience, before the legislative and executive branches
of the State of California for at least five years;
4.1.2 Have extensive experience providing State representation services to
public agency clients, particularly special districts and wastewater
agencies;
4.1.3 Have a proven and successful track record securing funds for its public
agency clients;
4.1.4 Have established, longstanding and positive working relationships with
Orange County stakeholders, local elected officials and members of State
including the Orange County delegation, Committee leadership and
senior staff;
4.1.5 Have established, longstanding and positive working relationships with
State agencies and senior executive staff as well as state wastewater
industry organizations, e.g., California Association of Sanitation Agencies
(CASA);
4.1.6 Be fully dedicated to the project and funding goals and objectives of
OCSD;
4.1.7 Be proactive in monitoring and identifying funding opportunities that may
be of interest to OCSD.
REQUEST FOR PROPOSAL Page 8 of 13 Specification No. CS-2018-97OBD
5 PROPOSAL FORMAT AND CONTENT
Proposers must follow the format and numbering sequences outlined below and provide
all information requested.
Submit two separate files. The first file shall include Proposal Sections A through E
(Response File). The second file shall include Proposal Section F (Cost File).Proposals
shall be submitted, using either a PDF document or MS Word document. Please do not
include any unnecessarily elaborate or promotional material.
Proposal Section A: Letter of Offer
The Letter of Offer shall be addressed to Jennifer Martin, Contracts, Purchasing
& Materials Management and must, at a minimum, contain the following:
A.1 Identification of Proposer, including legal name, address, telephone
number, and email address.
A.2 Proposed working relationship between Proposer and subcontractors, if
applicable.
A.3 Name, title, address and telephone number of contact person during
period of proposal evaluation.
A.4 A statement to the effect that the proposal shall remain valid for a period
of not less than 180 calendar days from the date of submittal.
A.5 Signature and Title of a person authorized to bind Proposer to the terms
of the proposal.
Proposal Section B: Technical Proposal
B.1 Qualifications Related Experience and References of Proposer- This
section of the proposal should establish the ability of Proposer to
satisfactorily perform the required work by reasons of: experience in
performing work of a similar nature; demonstrated competence in the
services to be provided; strength and stability of the firm; staffing
capability; work load; record of meeting schedules on similar projects; and
supportive client references. Proposer shall:
B.1.1 Provide a brief profile of the firm, including the types of services
offered; the year founded; form of the organization (corporation,
partnership, sole proprietorship); number, size and location of
offices; and number of employees.
B.1.2 Provide a general description of the firm's financial condition and
identify any conditions (e.g., bankruptcy, pending litigation,
planned office closures, impending merger)that may impede
Proposer's ability to complete the Scope of Work.
B.1.3 Describe the firm's experience in performing work of a similar
nature to that solicited in this RFP and highlight the participation in
such work by the key personnel proposed for assignment to this
Scope of Work.
B.1.4 Identify subcontractors by company name, address, contact
person, telephone number and project function. Describe
Proposer's experience working with each subcontractor.
B.1.5 Provide five (5) references for the services cited as related
experience, and furnish the name, title, address, email, and
REQUEST FOR PROPOSAL Page 9 of 13 Specification No. CS-2018-97OBD
telephone number of the person(s) at the client organization who
is most knowledgeable about the work performed. Proposer may
also supply references and email from other work not cited in this
section as related experience.
B.2 Proposed Staffing and Project Organization - This section of the proposal
should establish the method that will be used by the Proposer to manage
the Scope of Work as well as identify key personnel assigned. Proposer
shall:
B.2.1 Provide education, experience, and applicable professional
credentials of Proposer's staff assigned to provide the services
requested in this RFP.
B.2.2 Furnish brief resumes (not more than two [2] pages each)for the
proposed Project Manager and other key personnel.
B.2.3 Indicate adequacy of labor resources utilizing a table, projecting
the labor-hour allocation to the Scope of Work, by individual task.
B.2.4 Identify key personnel proposed to perform the work in the
specified tasks and include major areas of subcontract work.
B.2.5 Include a project organization chart that clearly delineates
communication/reporting relationships among the proposed staff.
B.2.6 Include a statement that key personnel will be available to the
extent proposed for the duration of the Scope of Work
acknowledging that no person designated as "key" to the services
requested herein shall be removed or replaced without the prior
written concurrence of OCSD.
B.3 Work Plan - Proposer shall provide a narrative that addresses the Scope
of Work and shows Proposer's understanding of OCSD's needs and
requirements. Proposer shall:
B.3.1 Describe the approach to completing the tasks specified in the
Scope of Work.
B.3.2 Outline sequentially the activities that would be undertaken in
completing the tasks and specify who would perform them.
B.3.3 Identify methods that Proposer will use to ensure quality control as
well as budget and schedule control for the Scope of Work.
B.3.4 Submit a milestone schedule with said tasks and tentative
completion dates.
Proposal Section C: Procedural or Technical Enhancements - Proposer may
also propose procedural or technical enhancements/innovations to the Scope of
Work which do not materially deviate from the objectives or required content of
this RFP.
Proposal Section D: Technical Exceptions/Deviations —State any exceptions
to or deviations from the technical requirements of this RFP. Where Proposer
wishes to propose alternative approaches to meeting OCSD's technical
requirements, these should be thoroughly explained.
Proposal Section E: Contractual Exceptions/Deviations— Proposer shall
identify all exceptions to the sample agreement/contract included in this RFP.
OCSD makes no guarantee that it will consider or accept any exceptions to the
REQUEST FOR PROPOSAL Page 10 of 13 Specification No. CS-2018-97OBD
sample agreemenUcontract or any portion of this REP. Exceptions to the sample
agreement/contract may render Proposer's proposal nonresponsive.
Proposal Section F: Cost File— Submit Attachment B (Cost Proposal form)
separately from your response file.
REQUEST FOR PROPOSAL Page 11 of 13 Specification No. CS-2018-970BD
6 EVALUATION PROCEDURES
An Evaluation Committee comprised of OCSD staff, in accordance with the criteria listed
in Section 6, will evaluate all proposals received as specified. The evaluators in applying
the major criteria to the proposals may consider additional sub-criteria beyond those
listed. During the evaluation period, OCSD may interview some or all the Proposers.
The Evaluation Committee may provide Proposers with an opportunity to provide a "Best
and Final Offer" (BAFO). The BAFO process represents an optional step in the
evaluation process. BAFO may be useful when no single Proposal addresses all the
specifications, when the costs submitted by all Proposers are too high, when two or
more Proposers are virtually tied after the evaluation process, when all Proposers
submitted responses that are unclear or deficient in one or more areas, or when there
are two equally attractive proposals that are difficult to differentiate.
The final selection of a Consultant to perform the services requested herein shall be the
firm, which in OCSD's opinion, is the most responsive and responsible; meets OCSD's
requirements in providing this service and is in OCSD's best interest. Best interest is
determined by scoring of proposals and the top scoring proposal will be recommended
for award. OCSD maintains the sole and exclusive right to evaluate the merits of the
proposals received.
REQUEST FOR PROPOSAL Page 12 of 13 Specification No. CS-2018-97OBD
7 EVALUATION CRITERIA
OCSD will evaluate the offers received based on the following criteria (in no particular
order) including, but not limited to:
Max
Points
(Weight)
7.1 Qualifications of the Firm—As described in Proposal Format,
Section B.1 including: Technical experience in performing work
of a closely similar nature; experience working with public
agencies; strength and stability of the firm; strength, stability, 20
experience and technical competence of subcontracts, if any;
assessment by client references; knowledge of the various
permits that may or may not be required; knowledge of
applicable laws and regulations.
7.2 Staffing and Protect Organization—As described in Proposal
Format, Section B.2 including: Qualification of project staff,
particularly key personnel and especially the Project Manager,
key personnel's level of involvement in performing related work 20
cited in "Qualifications of the Firm" section; logic of project
organization; adequacy of labor commitment; concurrence in the
restrictions on changes in key personnel.
7.3 Work Plan —As described in Proposal Format Section B.3
including: Depth of Proposer's understanding of OCSD's Scope
of Work and overall quality of work plan; logic, clarity and
specificity of work plan; appropriateness of labor distribution 30
among the tasks; ability to meet the project deadline;
reasonableness of proposed schedule; utility of suggested
technical or procedural innovations.
7.4 Cost—As described in Cost Proposal Form, Proposal Section F 20
7.5 Presentation—A presentation may be required. If one is
required, you will be notified of the date requested.
Presentations, if held, will be scored by the Evaluation 10
Committee on quality and clarity of presentation; ability of
presenter to answer questions; demonstrations (if required); and
demonstrated understanding of the project.
REQUEST FOR PROPOSAL Page 13 of 13 Specification No. CS-2018-97OBD
Attachment A
SCOPE OF WORK
For
State Lobbyist
ATTACHMENT A Specification No. CS-2018-970BD
ATTACHMENT A
SCOPE OF WORK
STATE LOBBYIST
SPECIFICATION NO. CS-2018-970BD
EXECUTIVE SUMMARYIOVERVIEW
The Orange County Sanitation District (OCSD) operates the third largest wastewater
agency west of the Mississippi River. Since 1954, we have safely collected, treated, and
disposed of and/or recycled the wastewater generated by 2.6 million people living and
working in central and northwestern Orange County, California.
Each day we treat approximately 185 million gallons of wastewater. About 80 percent of
the wastewater comes from homes—sinks, toilets, showers, laundry, and dishwashers.
The remaining come from businesses—retail stores, restaurants, manufacturers, hotels,
offices, and other industries.
A professional staff of more than 600 employees manages the day-to-day activities of
OCSD. Our facilities include 396 miles of sewer pipes, located throughout the county,
and two treatment plants— one in Fountain Valley, CA and the other in
Huntington Beach, CA—where wastewater is treated in accordance with strict state and
federal regulations.
Our employees are on duty protecting health and the environment by ensuring the
regional sewer system efficiently operates 24 hours a day, seven days a week and 365
days a year. We are proud of the job we do and take pride in providing our customers
with quality service.
1 Purpose
OCSD requests proposals from qualified California-registered Legislative Advocacy
firms with an understanding of issues affecting the wastewater industry and more
generally, local government and special districts.
2 Description
2.1 OCSD requires the services of a Legislative Advocate (Consultant) to provide
advocacy services doing business in Sacramento, California. The Consultant
shall work under the policy direction of the Board of Directors and General
Manager and is administratively responsible to the Public Affairs Supervisor
(or designee). OCSD's primary contact will be the Public Affairs Supervisor
(or designee) in the General Manager's Office.
2.2 The principle responsibility of the Consultant shall be to provide state
lobbying services for OCSD in order to achieve determined legislative and
regulatory outcomes on behalf of OCSD as outlined in OCSD's adopted State
Legislative Agenda.
2.3 The Consultant shall be properly registered and authorized to conduct the
services requested within this Scope of Work.
ATTACHMENT A Page 1 of 3 Specification No. CS-2018-970BD
3 ProjecVWork Elements
3.1 The Consultant shall provide services and advice including, but not be limited
to the following:
3.1A Review state legislation under consideration as introduced and amended,
proposed and adopted administrative rules and regulations, and other
state developments for the purpose of advising OCSD of those items that
may affect OCSD policy, program, or budget.
3.1.2 Secure and furnish such detailed information as may be available on state
legislation and programs in which OCSD indicates an interest.
3.1.3 Review and comment on proposed OCSD sponsored legislation.
3.1.4 Prepare for submission to the State Legislature when requested to do so
by the Public Affairs Supervisor and the Legislative and Public Affairs
Committee.
3.1.5 Serve as the liaison with OCSD's state legislative delegation and shall
assist the delegation in any matter OCSD determines to be in its best
interest in the same manner as any other member of the OCSD's staff
might render assistance.
3.1.6 Assist in drafting materials and correspondence to support advocacy for
legislative platform and appropriations requests.
MY Provide timely telephone and/or email updates to designated OCSD staff,
monthly status reports, and attend monthly Legislative and Public Affairs
committee meetings and other meetings as required.
3.1.8 Participate in the preparation of itineraries, talking points and facilitate
meetings between OCSD staff and Sacramento delegation staff and
various agencies.
3.1.9 Complete in a timely fashion, all forms and reports required of lobbyists by
the federal government and other relevant local, state, and federal
jurisdictions.
3.1.10 Consult with OCSD regarding appearances by OCSD personnel before
state committees and administrative agencies and arrange for
appointments and accommodations for OCSD personnel as necessary.
3.1.11 Contact state legislators, legislative staff, committee consultants, and
administrative agencies on the OCSD's behalf when OCSD positions are
under consideration by such bodies and otherwise take whatever steps
necessary to obtain the most favorable consideration.
3.1.12 In fulfilling these responsibilities, the Consultant shall act in the name of
OCSD.
3.1.13 Identify grants and other funding opportunities for proposed OCSD
projects; Work with OCSD regarding the political and financial feasibility of
ATTACHMENT A Page 2 of 3 Specification No. CS-2018-970BD
its legislative platform, development of strategies in consultation with the
Public Affairs Supervisor and Legislative and Public Affairs Committee.
4 Deliverables
4.1 The Consultant shall submit comprehensive monthly reports to the Public Affairs
Supervisor (or designee). These reports will be the primary vehicle for
communication of legislative action to the Board of Directors and departments.
4.2 The Consultant shall provide a monthly legislative tracking status report in an
electronic format, which enumerates the bills that the Consultant is tracking on
behalf of OCSD, OCSD's current legislative position on each bill, and the
position of other industry entities.
4.3 Participate in an annual legislative platform planning session with OCSD subject
matter experts resulting in the development of the annual legislative platform.
4.4 Host OCSD Management and Directors in Sacramento for an annual meeting
with legislators and their staff to discuss legislation of interest to OCSD.
ATTACHMENT A Page 3 of 3 Specification No. CS-2018-970BD
Appendix A
2018 Legislative and Regulatory Plan
For
State Lobbyist
APPENDIX A Specification No. CS-2018-9706D
ORANGE COUNTY SANITATION DISTRICT
2018 Legislative and
Regulatory Plan
4oJM nit iN
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Orange County Sanitation District
2018 Legislative&Regulatory Plan
Legislative & Regulatory Affairs Team
OCSD Staff
Federal Lobbying Team
State Lobbying Team
Regulatory Advocacy Team
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2018 Legislative&Regulatory Plan
Introduction
The Orange County Sanitation District(OCSD) recognizes the need for an active local, state and federal legislative
and regulatory advocacy program to ensure that the interests of the ratepayers and the Board of Directors
(Board)are protected and supported.Towards that end,the legislative and regulatory team actively engages,
pursues, and monitors activities in California and Washington, D.C. and takes appropriate action in support of or
opposition to legislative and regulatory Initiatives.
Each year,the Board of Directors adopts a legislative and regulatory plan, which Is a summary of OCSD's goals, key
issues, and policy positions. The legislative and regulatory policies in this document were developed taking into
consideration OCSD's priorities, the wastewater industry, and OCSD's member agencies and policy needs. These
Board-approved policies serve as OCSD's official positions of support or opposition on issues of importance to the
agency.The legislative and regulatory plan Is a dynamic document,adopted annually and is modified to meet the
needs of OCSD as federal,state, and local pollcymaking agendas change throughout the year.
The legislative and regulatory team, in conjunction with the Board, may take appropriate action consistent with the
legislative and regulatory plan, including, but not limited to, drafting letters, lobbying legislators, regulators, staff,
and crafting bills and proposing legislation and regulations.
Procedure for Taking Positions on Bills and Proposed Regulations
1. Staff will track bills and proposed regulations of greatest interest to OCSD,particularly those that fall within
the goals and objectives identified by the Board and included in this plan. Staff will monitor bills and
proposed regulations being watched by similar agencies in Orange County (Irvine Ranch Water District,
South Orange County Water Authority, Orange County Water District, Municipal Water District of Orange
County,etc.) as well as state,federal and national associations such as California Association of Sanitation
Agencies (CASA), The Southern California Alliance of Publicly Owned Treatment Works (SCAP), California
Special Districts Association (CSDA), Association of California Water Agencies (ACWA),National Association
of California Water Agencies (NACWA), Association of California Cities Orange County (ACC-OC), and the
League of California Cities(LOCC).
2. For those bills and proposed regulations that are being tracked,where there is clear policy direction stated
in the Board-adopted legislative and regulatory plan or adopted goals, staff can send letters to legislators
and regulators and give direction to the lobbyists to advocate that position.
3. Where a particular issue is not urgent, all legislative letters will be hand-signed by the Board Chair or Vice
Chair. If a matter is urgent, staff may use the electronic signature, so long as a clear policy direction exists
and the General Manager or Designee approves the letter.
4. When a bill does not fall within the scope of the legislative and regulatory plan or is a controversial issue,
staff will seek direction from the Legislative and Public Affairs Committee.
5. If a bill does not fall within the scope of the legislative plan, but the Association of California Cities Orange
County (ACCOC), California Association of Sanitation Agencies (CASA), the California Special Districts
Association(CSDA)or the National Association of Clean Water Agencies(NACWA) has an adopted position,
staff may follow this position but must inform the Legislative and Public Affairs Committee of such action
at the next regularly scheduled meeting.
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2018 Legislative&Regulatory Plan
Guiding Priorities
• Seek funds for OCSD projects through grants, appropriations,or other means;
• Maintain local control over governance of special districts and other local entities;
• Oppose redundant regulatory requirements;
• Support regulatory streamlining that promotes public health and the environment.
Federal Priorities
• Advocate for funding of the Water Infrastructure Improvements for the Nation (WIIN)Act including water
infrastructure provisions.
• Identify and work to secure general federal grants assistance,Water Infrastructure Finance and Innovation
(WIFIA)Act assistance,green infrastructure, renewable energy, and water recycling project assistance.
• Work with Congress and United States EPA to advance implementation of the WaterSense Program to
increase the use of energy efficient technologies at the Sanitation District while protecting against OCSD
treatment cost increases.
• Monitor federal agency grants for funding of alternative renewable energy, bioenergy, water recycling,
biosolids beneficial use, and beach protection.
• Work with Administration and Congress to advance commonsense permitting processes including ten year
National Pollutant Discharge Elimination System (NPDES) permits and programmatic permits issued by
United States EPA and the U.S.Army Corps of Engineers to promote reduced costs to ratepayers.
• Work with OCSD's congressional delegation and administration officials to advance resiliency and
infrastructure policies that promote the funding of OCSD's water recycling and other conservation projects.
Seek to secure adequate funding of programs authorized in drought relief legislation to facilitate funding of
OCSD's project priorities.
• Support legislation, policies and regulations that offer to provide below market bonding rate assistance to
construct treatment facilities, including credit assistance and infrastructure banks. Focus should be on
energy recovery technologies,core infrastructure assistance related wastewater treatment,funding of final
stage of water recycling needs, and related demonstration of evolving technologies to address brine line
needs.
• During the fiscal year 2019 appropriations, identify opportunities to secure federal support of Sanitation
District project needs as part of any budget decision making process for the coming fiscal year.
• Oppose federal tax reform initiatives that would eliminate state and local tax payment deductibility and/or
elimination or restriction on the use or availability of tax-exempt financing for public infrastructure.
• Support at least $3 billion in annual federal appropriations for the Clean Water Act State Revolving Fund
(CWSRF). Work with Congress and the United States Environmental Protection Agency to streamline the
Clean Water Act permitting processes. Provide assurances that CWSRF appropriations are not transferred
to State Drinking Water State Revolving Fund (SRF)needs.Additionally,support legislation to revise the SRF
allocation formula to allow for appropriate and fair share of funding to California consistent with United
States EPA study(20%increase in share).
• Support removal of private activity Bond State Volume Cap on water and wastewater facilities to allow for
innovative financing options such as public private partnerships.
• Work with the EPA on emerging regulatory issues of concern including integrated plans and monitoring
effluent limitations and guidelines including but not limited to the dental amalgam program.
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• OCSD will continue to advocate for federal policies that minimize regulatory burdens imposed upon
communities and public agencies that seek to adopt programs for the giveback of pharmaceuticals that will
result in the reduction of disposal of pharmaceuticals through wastewater treatment faci Iities. Additionally,
OCSD will advocate for federal funding of programs currently authorized that support the development of
pharmaceutical management programs including education.
• Support development of infrastructure assistance legislation and policies that support projects and
programs addressing resiliency needs that protect OCSD investments.
• Work with U.S. Department of Energy and U.S. Environmental Protection Agency (EPA) to identify and
support efforts to secure funding assistance for OCSD energy water nexus project demonstrations.
• Oppose EPA's reform to change the cellulosic tactual value of the co-digestion of organics,which will lower
Renewable Identification Number(RIN) credit.
State Priorities
• Secure funding through grants and legislation for the final expansion of the Groundwater Replenishment
System as well as infrastructure, collection improvements and alternative renewable energy atthe
Fountain Valley, Plant No. 1 and Huntington Beach, Plant No. 2.
• Promote a regional distribution/statewide equity approach to the disbursement of State Revolving Fund
monies.
• Oppose legislation or any regulations that would mandate volumetric pricing of wastewater.
• Continue to monitor the state budget process and actively protect the allocationof local property taxes to
special districts.
• Work with legislators who introduce legislation such as SB 163 (Hertzberg,2015) in orderto ensure that no
unrealistic regulations are placed on wastewater treatment facilities, including OCSD.
• Oppose state mandates,regulations,or legislation such as AB 1217(Daly,2015)that set,alter,orotherwise
modify the governance structure of special districts, joint powers authorities, or other local government
entities.
• Support efforts to competitively seek funding for projects that meet the States goals of expanded water
supply and energy reduction.
• Where appropriate, pursue State funding for critical aging infrastructure, through funding sources made
available through any agency including but not limited to the State Water Resources Control Board and the
Department of Water Resources.
• Support and participate in Integrated Regional Water Management planning efforts in the Santa Ana River
watershed.
• Oppose additional and redundant regulatory requirements for biosolids.
• Support the creation of a Statewide Organics Management Plan that includes the beneficial uses of
biosolids.
• Support funding through grants and legislation for a Food Waste/Organic Co-Digestion facility at OCSD.
• Support legislation or regulations that would prevent the disposing of drugs down the drain and would
provide for alternative safe disposal of unwanted/unused medications.
• Monitor pension reform legislation for clean-up bills and relevant proposed regulations.
• Support the State's efforts to Increase the effectiveness and efficiencies of Local Agency Formation
Commissions.
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• Support efforts to reform the California Environmental Quality Act(CEQA)to streamline current procedures
and regulations for projects to refurbish or replace existing infrastructure facilities.
• Actively monitor the Little Hoover Commission hearings and reports related to climate change adaptation,
special districts and other topics as it relates to OCSD.
• Support the inclusion of recycled water credits during the development of long-term water conservation
legislation and regulations.
• Support legislation or regulations that restrict the use of microplastics in any product that is disposed of
through the sewer system.
• Support legislation or regulations that discourage the flushing of wipes through the sewer system.
Appendix
A. Federal Tactics
B. State Tactics
C. Legislative and Regulatory Policies
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• o-r' o-
Federal Tactics
Initiative Action
1. Identify and advise on federal ♦ Schedule meetings with federal agency stakeholders and senior
funding opportunities for OCSD officials in Washington D.C.and district offices to build support for
infrastructure projects OCSD priority projects
• Develop white papers tojustify requested assistance
2. Seek funding assistance to ♦ Meet with federal agency officials to discuss funding opportunities
advance recovery of energy and and options related to the energy water nexus
other resources from biosolids
• Work with U.S. Environmental Protection Agency and other
agencies to advance energy and water efficient technologies
related to WaterSense grant program.
3. Seek Infrastructure assistance ♦ Develop priorities and disseminate to OCSD congressional
delegation
A. Robust funding of State
Revolving Fund (SRF)and ♦ Advocate before Congressional Infrastructure Committees and
revise SRF Allocation applicable Executive Branch officials to provide enhanced
Formula alternative water infrastructure financing including credit, loans,
B. Innovative Financing public-private-partnerships and grants
C. Project Streamlining • Work to secure legislation and policies that expedite the National
Environmental Policy Act and related reviews and approvals
• Work with Congress and U.S. Bureau of Reclamation on proposals
to provide enhanced alternative water infrastructure financing
4. Support tax reform that • Work with NACWA and CASA in support of continued use of tax-
protects public agencies exempt financing and feasible innovative financing approaches
such as infrastructure banks to supplement traditional funding
approaches
• Work with state and local government stakeholders to preserve
state and local tax deductibility and advocate before
congressional delegation
• Submit testimony and transmit communications on tax-exempt
financing and where possible present testimony
S. Support resiliency legislation ♦ Work with delegation and regulators to ensure incorporation of
and policies that support new programs for water recycling assistance
protection of OCSD investments ♦ Work with NACWA,CASA and ACWA to support resiliency/water
and promote water recycling
recycling legislation
assistance
• Work with congressional infrastructure committees to secure
assistance for resiliency projects
6. Work with federal agencies on ♦ Work with U.S. Department of Energy on alternative energy
permitting issues permitting issues
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2018 Legislative&Regulatory Plan
• Work with U.S. Fish and Wildlife Service on environmental site
assessment issues
• Advocate to extend the term of National Pollutant Discharge
Elimination System (NPDES) permits from 5-years to at least 10-
years
• Seek introduction of amendment to Clean Water Act to address
conflict language to allow qualified candidates to serve on
California Water Boards
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Orange County Sanitation District
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State Tactics
Initiative Action
1. Develop a proactive legislative • Identify legislation that has potential to benefit or impact OCSD, as
and regulatory advocacy legislation is introduced and amended
agenda • Identify proposed federal, state,and local regulations that are
introduced that have potential to benefit or impact OCSD
• Recommend positions on identified legislation and proposed
regulation in alignment with OCSD's legislative and regulatory plan
• Create and continually update a legislative and regulatory matrix to
track identified pieces of priority legislation and proposed
regulations
• Schedule advocacy days in Sacramento with legislators and
committee staff and regulators
• Continue an active letter writing campaign in support or opposition
of priority legislation and proposed regulations
• Schedule meetings with legislators, regulators,stakeholders and
senior officials in Sacramento and district offices to build support for
OCSD priority projects
• Participate in CASA's legislative committees and Regulatory
Workgroup and SCAP's water and biosolids committees
2. Compile a comprehensive list • Meet with EMT to discuss future capital projects and priorities
of Capital Improvement • Match capital improvements with funding opportunities based on
projects
project eligibility
3. Monitor and advise on possible • Proactively engage in the drafting of grant funding guidelines and
funding opportunities, provide input to drafting agency or committee to ensure eligibility
including but not limited to and competitiveness of OCSD projects and priorities
funding through Statewide bonds • Proactively engage on proposed legislation and regulations that
would have an impact on the implementation of funding programs
• Identify funding opportunities and provide recommendations for
eligible projects. Create an advocacy and outreach schedule on the
planning and execution of efforts to seek funds
4. Monitor and advise on funding • Monitor the rollout of the$40 million included in the 2017 Cap and
available through Cap and Trade Expenditure Plan for waste diversion projects. Continue to
Trade advocate for additional funding in future Cap and Trade Expenditure
Plans that OCSD is eligible for
• Identify eligible and competitive projects and programs
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• Create a schedule on planning and execution of efforts to seek
funds, including outreach and advocacy strategy
5. Monitor and advise on energy • Track energy related grant opportunities
or other resource recovery • Identify potential projects for funding, including, but not limited to:
alternative renewable energy, biosolids to energy conversion,
organic waste(high strength food waste and fats, oils,and grease)
to energy conversion, and greenhouse gas reduction projects
• Ensure wastewater interests are protected as significant decisions
are made related to renewable energy production financing,
mandates, climate change goals, programs and continued efforts to
extend the state's emissions reduction target
• Schedule meetings with local delegation as well as key members to
discuss project benefits and funding opportunity
• Support initiatives that help OCSD strive for energy independence
by minimizing energy utilization and maximizing useful energy
recovery from the sewage it receives
• Support renewable energy initiatives that are reasonable and fair
6. Schedule and attend advocacy • Educate current administration, key staff and agencies on priority
and outreach meetings to projects and advocate for funding allocations that align with OCSD
provide OCSD project updates priorities
• Schedule stakeholder meetings to build support for projects
• Hold advocacy meetings in coordination with funding opportunities
and project timelines
• Work with relevant budget committees, budget sub-committees,
policy committees and their staff to advocate for funding allocations
that align with OCSD priorities
• Provide full briefings and updates to Orange County legislative
delegation and relevant members on OCSD priority projects
7. Regulatory relief to allow for • Outreach with the California Environmental Protection Agency,
water recycling and expansion Department of Toxic Substances,State Water Resources Control
of GWRS Board, Regional Water Quality Control Board,the governor's office,
legislative leadership and other appropriate stakeholders
S. Development and advocacy for • Support and advocate for legislation that will expand the approved
design-build legislation uses of design-build for OCSD specific projects
targeted at OCSD projects • Schedule briefings and updates with Orange County legislative
delegation to discuss potential design build legislation
9. Development and • Work in conjunction with CASA and SCAP to outreach,educate and
implementation of a statewide develop an advocacy strategy for regulatory framework that will
biosolids land application support statewide objectives to manage biosolids land application
management policy
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Fep and • Work with relevant legislators and committees to draft legislation
nofa strategytothat will lessen the cost burden on OCSD of complying with
fcumberomeoutdated bid advertising requirements
bid advertising
• Conduct outreach with various other Sanitation Districts across the
State to form a coalition to support any efforts
11. Development and advocacy for • Meet with local labor groups to initially present the issue
legislation to raise the
contracting and bid threshold
• Brainstorm proposed solutions that will give OCSD and other
for Sanitation Districts Sanitation District's more flexibility to complete small scale public
works projects in house
• Work in conjunction with CASA to outreach,educate,and develop
an advocacy strategy that will target all Sanitation Districts affected
by the current threshold limitations
• Develop and advocate for legislation that will raise the threshold for
work that can be performed in house as well as work that is
required to be bid
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Legislative and Regulatory Policies
1. Air Quality: OCSD is committed to complying with federal,state, and local air quality laws, rules,
regulations,and policies.
a. Support air quality legislations, regulations,rules, and policies that emphasize the use of
advanced technologies and promote greater flexibility and financial incentives to reduce air
emission.
b. Support measures that maintain and enhance local decision-making authority,where appropriate,
In the development and implementation of air quality attainment strategies.
c. Support legislation and regulations to ensure greater consistency between the California and
Federal Clean Air Acts.
d. Support strategies that clearly demonstrate and provide for the most cost-effective means for
meeting air quality goals.
e. Continue to commit to adhere to OCSD's odor policy to assure that OCSD is a good neighbor to
the surrounding communities.
f. Monitor legislation and regulations that would mandate OCSD to act as an air quality regulator
and enforcer
2. Biosolids:OCSD strives to beneficially use biosolids through multiple management options performed at
reasonable costs that are protective of public health and the environment and offer cost-effective
alternatives to land application.
a. Support legislation, regulations and policies that support the beneficial use of biosolids on
agricultural lands, landscape, horticulture,California Healthy Soils Initiatives, mine reclamation,
fire ravaged lands,superfund sites, brownflelds, overgrazed lands, carbon sequestration and
wetland restoration.
b. Support the promotion and funding of local pilot programs,studies and research for the beneficial
use of biosolids.
c. Oppose legislation, regulations, and policies that Imposes bans or restrictions on use of biosolids
for land application in any region,county,or state.
d. Support alternative energy legislation, regulation and policies that encourage use of biosolids as a
renewable energy resource.
3. Grant Funding:OCSD is committed to advancing the state of knowledge in the treatment and
management of wastewater through the application of innovative and alternative technologies. To this
end, OCSD supports grants assistance to offset its research, special projects and capital improvement
projects.
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2018 Legislative&Regulatory Plan
a. Support legislation, bonds, programs and projects that provide funding for: infrastructure
construction and rehabilitation,special studies and research or projects relating to security,
environmental education, water quality,wastewater processing, urban runoff,wastewater
recycling, biosolids and organics management,water quality improvement, resource recovery,or
alternative energy.
b. Support projects that provide for public benefit over projects that are primarily intended for
private benefit or gain.
c. Oppose proposals placing further requirements on grant recipients that return low value for high
administrative costs.
4. Innovative Funding: OCSD is committed to supporting programs that provide the highest quality services
to its ratepayers.
a. Support programs to leverage federal assistance such as credit assistance and highly subsidized
loan assistance.
b. Support Public-Private-Partnerships, Public to Public and other financing approaches that can
reduce costs.
c. Support the fully funding of the Clean Water Act-State Revolving Fund Program at$3 billion
annually.
all. Seek federal assistance to support water conservation projects such as water recycling,green
infrastructure through the Water Infrastructure Finance and Innovation Act(WIFIA)and direct
grants to reduce project costs.
5. Labor Relations:OCSD is committed to employer-employee relations including, but not limited to:
meeting and conferring in good faith with recognized employee organizations regarding the wages, hours
of work and other terms and conditions of employment. As Congress considers reforming the federal tax
code, many of the provisions subject to reform may impact labor relations.
a. Support measures to reform current workers compensation formulas that rely on a proportionate
exposure formula.
L. Support health insurance reform that does not create additional financial burdens on special
districts.
c. Support measures to ease applicability of the Fair Labor Standards Act (FLSA)on public agencies.
d. Oppose any measure imposing compulsory and binding arbitration with respect to public
employees.
e. Oppose any measure that imposes upon local government mandated employee benefits that are
more properly decided at the local bargaining table.
f. Oppose efforts reducing local control over public employee disputes and imposing regulations on
an outside agency.
g. Oppose any measure granting public employees the right to strike.
F. Oppose a new mandatory Social Security tax for public employers and public employees.
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6. Planning: OCSD ensures the long-range planning of capital improvement programs in order to deliver the
highest quality facilities.
a. Support reform of existing state, regional and local planning processes only if directly linked to
reforms in the current revenue and tax structure of state and local governments.
b. Support measures that provide new revenues for growth management and the public facilities
necessary to support expected growth.
c. Support proposals encouraging regional, sub-regional or countywide cooperation in planning
urban development strategies, especially those that provide funding for effective implementation
of agreed upon goals.
d. Oppose legislation consolidating special districts that fail to address the concerns of cities affected
by the proposed consolidation.
e. Oppose measures that prevent or restrict the ability of cities or special districts to participate in
the Southern California Association of Governments' (SCAG) sub-regional process.
7. Public Health: Protection of public health is OCSD's core mission. OCSD will work cooperatively with
county and state health officers to assure local health protection.
a. Support hazard mitigation,emergency response, planning, and recovery through direct
legislation, policy directives,and funding toward floodplain security within the Santa Ana River
watershed.
In. Support(generally) measures that provide for improved public health through regulation.
c. Support the protection of public health and environment through the construction and
implementation of advanced wastewater treatment technology.
d. Support sharing critical information and data from state and county agencies in the interest of
protecting the public health and saving taxpayer dollars.
8. Public Works: OCSD is committed to the achievement of effective and efficient projects that provide
wastewater treatment services that benefit Its ratepayers.
a. Support measures that provide funding and support to publicly owned treatment works and
sewage collection systems.
b. Support legislation and regulation that allow public agencies to procure goods and services in
manners similar to private industry,thereby reducing overall costs of delivery.
c. Support legislation and regulation that improve the Utility Underground Service Alert Program in
order to improve coordination, identification, minimize damage, minimize environmental risks,
and minimize cost exposure to publicly owned facilities when contractors are performing sub-
surface work.
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d. Support a comprehensive response to the state's electricity and natural gas shortages that
provide a stable energy supply, respects the ability of municipalities to provide power, recognizes
that infrastructure (i.e.emergency and standby generators)exists that could be employed
temporarily during periods with minimal air quality impact and protects ratepayers(including
cities and special districts)against dramatic rate increases and statewide power outages.
e. Support legislation and regulation that allow OCSD to utilize the Best Value Design/Build option
for the construction of public works projects.
F. Oppose Buy American mandates legislation that would increase project costs or prevent the use
of the most Innovative technologies.
g. Monitor legislation that would require the inspection and possible repair of sewer laterals at the
time of sale in residential, commercial, and industrial areas
9. Tax Reform/Revenue and Taxation:Track pending legislation to ensure OCSD remains in compliance with
the government code as it pertains to wastewater system user fees and property tax revenues and the
investment of public funds.
a. Support measures leading to a greater financial independence from the state that would result in
greater stability and predictability in local government budgeting.
b. Oppose measures that impose mandated costs for which there is no guarantee of local
reimbursement or offsetting benefits.
c. Oppose legislation that shifts tax revenues away from local governments without the adequate
provision of a constitutionally guaranteed backfill to offset the lost revenues of those local
governments.
d. Oppose measures that shift existing local revenue sources back to the state, including the special
district share of property tax,sales tax,vehicle license fees, and rate payer fees.
e. Oppose the use of revenues traditionally used to fund the delivery of municipal services to fund
programs for which the state is responsible, particularly the courts, health, and welfare programs.
f. Oppose elimination or restriction of state and local tax deduction from federal tax liability of local
taxpayers.
g. Oppose elimination or restriction on the availability of municipal tax-exempt financing for public
infrastructure projects.
10. Special Districts:OCSD supports the maintenance of special districts to provide specific services, in
response to citizen's demands, in a cost effective manner.
a. Support outreach to local, regional,and state elected officials to foster a greater understanding
regarding the critical relationship between adequate reserves and the successful short-and-long-
term operation of water and wastewater agencies.
b. Support the work of the Association of California Water Agencies(ACWA), California Association
of Sanitation Agencies(CASA), and California Special Districts Association (CSDA) in any future
discussions or negotiations pertaining to the legislative and budget issues relative to preserving
control of members' reserves.
c. Oppose further state regulations that adversely impact special district financing and operations.
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all. Oppose measures that create or grant powers to sub-regional or regional bodies that would result
in an infringement on clearly local concerns.
e. Oppose any administrative or legislative efforts to access or transfer any reserve funds held by
water and wastewater districts.
f. Oppose the imposition of unfunded, mandated programs on local governments.
g. Oppose efforts that diminish OCSD's ability to govern efficiently and effectively, including
expanding the size of the Board of Directors.
11. Water Quality and Supply:OCSD is committed to participating collaboratively in the protection of
regional water resources for the benefit of the people we serve.
a. Support (generally) measures to increase water supply and improve water quality in the region,
including drought relief legislations and regulations.
b. Support measures that would increase funding for water reuse technologies,including support for
the Groundwater Replenishment System project by the Orange County Water District and OCSD
to create new water supplies through wastewater recycling.
c. Support measures that promote and provide for the use of reclaimed water.
d. Support policy development,funding, and research for addressing urban runoff, stormwater, and
beach closures, including funding for studies that identify the sources of bacterial,viral and other
microbial contaminants and human pathogens.
e. Support measures to evaluate water quality standards,as needed, to ensure the objectives are
appropriately protecting the designated use.
f. Support legislation and regulation that would direct U.S. EPA levied fines to remain in the region.
g. Support legislation and regulation that clarifies the use of Clean Water Act citizen suits that are
frivolous and/or abusive of congressional intent.
In. Support measures addressing non-point source pollution in order to protect our ocean water
quality and provide funding to mitigate its effects, including integrated permitting approaches
that can reduce costs and achieve water quality improvements while allowing permits to be
tailored to the needs of Orange County and its watershed.
i. Support national aspirational goal through legislation that promotes improved water use
efficiency in construction of water efficient buildings and communities.
j. Support legislation and regulation that promote improved water use efficiency through state and
federal assistance in evaluating and implementing new programs and technologies and increasing
public awareness of water use efficiency.
k. Support legislation and regulation that provide for the development of the watershed approach,
including watershed management plans and watershed-based permitting.
I. Support legislation and regulation that necessitate the responsible use of water in residential,
commercial, and industrial areas.
on. Support environmental guidelines on government agencies that would safeguard the region while
providing increased protections.
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n. Oppose the imposition of statewide/nationwide fees for environmental cleanup that is privately
caused or regional in nature(e.g.,when the nexus between those responsible for environmental
abuse and those required to pay for cleanup or mitigation is absent).
o. Support approaches to reduce compliance costs associated with stormwater controls including
the use of integrated plans.
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Attachment B
COSTPROPOSALFORM
For
State Lobbyist
ATTACHMENT B Specification No. CS-2018-970BD
ATTACHMENT B
'•1 COST PROPOSAL FORM
STATE LOBBYIST
SPECIFICATION NO. CS-2018-970BD
Due Date for Proposal Submittal: August 21, 2018, at 2:00 P.M. PT. Any additions, substitutions, conditions
or alternates inserted by Proposer to the proposal will be considered irregularities and may be cause for rejection
of the proposal.Cost Proposal Form must be completed in ink, indelible pencil or .by typewriter.Erasures of"strike-
outs" must be initialed by the Consultant.
The undersigned does hereby propose to provide services in accordance with all provisions of the Request for
Proposals and the Scope of Work/Technical Specifications for the following price. Incomplete submittal of
requested information as called out in the proposal specification requirements may deem the proposal as non-
responsive. Submit total amount as follows:
TOTAL MONTHLY RETAINER FEE (all charges are inclusive) $
in accordance with Scope of Work, Attachment A/Appendix A
Name of Firm
Mailing Address Telephone Number
City,State,Zip Code Email
Authorized Agent of Company(Printed or Typed)
Authorized Agent's Job Title
Signature of Authorzed Agent Date
COST PROPOSAL FORM Specification No. CS-2018-970BD
Attachment C
ACKNOWLEDGMENT OF INSURANCE
For
State Lobbyist
*All Proposers must sign and upload the Acknowledgment of Insurance Requirements at the time
of Proposal submission.
ATTACHMENT C Specification No. CS-2018-970BD
0Orange County Sanitation District (OCSD)
10844 Ellis Avenue, Fountain Valley, CA 92708-7018
Phone (714) 962-2411 Fax (714) 593-7784
ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS`
AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED
the
(President, Secretary, Manager, Owner or Representative)
of , certify that the Specifications and
(Name of Company, Corporation or Owner)
General Provisions regarding insurance requirements as stated below, for the Purchase Contract designated
Specification No. have been read and understood and that our firm, as bidder on this
project, is able to provide and maintain the coverage as specified below. If the awarded bidder fails to provide said
coverage, this shall be sufficient cause for contract termination. Failure to maintain said coverage shall result in
termination of the awarded bidder's contract.
Date:
(Signature of President, Owner or Authorized Company Representative)
Return the signed Acknowledgement to the Buyer handling the bid1RFP.
INSURANCE REQUIREMENTS
'WE STRONGLY RECOMMEND THIS SHEET BE GIVEN TO YOUR INSURANCE AGENT/BROKER IMMEDIATELY TO ENSURE
YOUR FIRM CAN COMPLY WITH OUR REQUIREMENTS IN THE EVENT YOUR FIRM IS AWARDED THE CONTRACT
Once you have been awarded the contract, please provide us with a certificate of insurance and supporting
endorsements as described below. The actual endorsements (see Proof of Coverage below for specific form
numbers)must be provided-a statement on an insurance certificate will not be accepted in lieu of the actual
endorsement. We prefer to receive original electronic documents in POP format via e-mail to
rkteirmmn'a ocsd,cwn. Only if you cannot send electronic carts and endorsements will we accept hard
copies sent to Randall Kleinman, Orange County Sanitation District, Div. 260, 10844 Ellis Avenue, Fountain
Valley, CA 92708,
Faxed copies are not considered original documents; your insurance is not considered in compliance until all originals are
received.
1. WORKER'S COMPENSATION INSURANCE:
The Vendor shall provide such Workers Compensation Insurance as required by the Labor Code of the State of California,
including Employer's Liability Insurance with a minimum limit of$1,000,000.00. Such Worker's Compensation Insurance shall
be endorsed to provide for a waiver of subrogation in favor of OCSD. A statement on an insurance certificate will not be
accepted in lieu of the actual endorsements unless your insurance carrier is State of California Insurance Fund(SCIF
and the endorsement numbers 2570 and 2065 are referenced on the certificate of insurance.
2. GENERAL LIABILITY INSURANCE:
The Vendor shall maintain during the life of this contract, including the period of warranty, Commercial General Liability
Insurance written on an occurrence basis providing the following minimum limits of liability coverage: $1.0 million per
occurrence with $1.0 million aggregate separate for this contract. Said insurance shall include coverage for the following
hazards: Premises-Operations, blanket contractual liability(for this Agreement), products liability/completed operations
(including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent
ATTACHMENT C CS-2018-97OBD
Rev.041818@
Level 11 wl$1 M E&O,$1 M GL
with Agreement
Orange County Sanitation District (OCSD)
contractors liability, personal and advertising injury, mobile equipment, cross liability and severability of interest clauses. A
statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If
requested by OCSD and applicable,XCU coverage(Explosion, Collapse and Underground)and Riggers Liability must
be included in the General Liability policy and coverage must be reflected on submitted Certificate of Insurance.
3, AUTOMOTIVE I VEHICLE AND AIRCRAFT LIABILITY INSURANCE:
The Vendor shall maintain a policy of Automotive Liability insurance on a comprehensive form covering all owned, non-owned,
and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single
limit of$1.0 million or alternatively, $1.0 million per person for bodily injury and$1.0 million per accident for property damage. A
statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement. If a
drone will be used, drone liability insurance must be maintained by Vendor in the amount of One Million Dollars ($1,000,000)in
a form acceptable by OCSD.
4. ERRORS and OMISSIONS and CYBER LIABILITY INSURANCE:
The Vendor must maintain Errors and Omissions Coverage(professional liability coverage)in an amount of not less than$1.0
(one)million per occurrence throughout the term of this Agreement.
If the Vendor provides services related to information technology, the Vendor must maintain third-party Cyber Liability insurance
with limits of not less than $1.0 million per occurrence covering claims involving technology professional liability, privacy liability
where applicable (including but not limited to loss of OCSD employee information), security liability where applicable (including
but not limited to technology attacks via hackers or viruses, and cyber extortion threats), media liability where applicable
(including but not limited to libel, slander and copyright infringement from content created by the Vendor), and damage to or
destruction of electronic information or media.
5. UMBRELLA EXCESS LIABILITY:
The minimum limits of general liability and automotive liability insurance required,as set forth above, shall be provided for either
a single policy of primary insurance,or a combination of policies of primary and umbrella excess coverage. Umbrella excess
liability coverage shall be issued with limits of liability which,when combined with the primary insurance,will equal the minimum
limits for general liability and automotive liability.
6. ADDITIONAL INSURED ENDORSEMENTS:
Each policy of insurance obtained, except Worker's Compensation Coverage and Errors and Omissions Coverage, shall name
OCSD, its Directors, officers, agents,consultants, and employees for this contract, and all public agencies from whom permits
will be obtained and their Directors, officers, agents and employees, as determined by OCSD,as additional Insured on said
policies. No exclusionary language or limitations shall be applicable to any additional insured that are not applicable to the
named insured. In addition, insurance afforded by the additional insured endorsement shall apply as primary insurance, and
other insurance maintained by OCSD shall be excess only and not contributing with insurance provided under said policies. If
this coverage Is not provided within the coverage form(Insurance policy)It shall also be endorsed as primary and non-
contributory coverage.
7. PROOF OF COVERAGE:
The Vendor shall furnish OCSD with original certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and
approved by OCSD before work commences. OCSD reserves the right to require complete, certified copies of all required
insurance policies, including endorsements,affecting the coverage required,at any time. The following are approved forms that
must be submitted as proof of coverage:
ATTACHMENT C CS-2018-970BD
Rev.041818rk
Level I M$1 M E&O,$1 M GL
With Agreement
Orange County Sanitation District (OCSD)
• Certificate of Insurance ACORD Form 25 or other equivalent Certificate of Insurance form.
• Additional Insured (ISO Form)CG2010 11 85 or
(General Liability)
The combination of(ISO Forms)CG 2010 10 01 and CG 203710 01
All other Additional Insured endorsements must be submitted for approval by OCSD,
and OCSD may reject alternatives that provide different or less coverage to OCSD.
•Additional Insured Submit endorsement provided by carrier for OCSD approval.
(Auto Liability)
• Waiver of Subrogation State Compensation Insurance Fund Endorsement No. 2570 or equivalent.
• Cancellation Notice State Compensation Insurance Fund Endorsement No.2065 or equivalent.
8. PERIOD OF COVERAGE:
Insurance coverage is required for the duration of the contract, including any warranty work.
9. CANCELLATION NOTICE:
Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party,
except after thirty(30)days' prior written notice. The ACORD Form shall state the required thirty(30)days'written
notification. Policy shall not terminate, nor shall it be cancelled nor the coverage reduced,until thirty(30)days after
written notice is given to OCSD except for nonpayment of premium which shall require not less than ten(10)days
written notice to OCSD. Should there be changes in coverage or an increase in deductible or SIR amounts,the
Vendor and its insurance broker/agent shall send to OCSD a codified letter which includes a description of the
changes in coverage and/or any increase in deductible or SIR amounts. The certified letter must be sent to the attention
of Risk Management, Div.260,and shall be received by OCSD net less than thirty(30)days prior to the effective date of the
change(s)if the change would reduce coverage or increase deductibles or SIR amounts or otherwise reduce or limit the scope
of insurance coverage provided to the OCSD.
10. INSURANCE CARRIER RATING:
The insurers must have an A-(A minus),or better,policyholder's rating,and a financial rating of Class Vill, or better, In
accordance with the most current A . Best Rating. OCSD recognizes that State Compensation Insurance Fund has withdrawn
from participation in the A.M. Best's rating process. Nevertheless, OCSD will accept State Compensation Insurance Fund for
the required policy of Worker's Compensation Insurance,subject to OCSD's option,at any time during the term of this contract,
to require a change in insurer, upon twenty (20)days written notice. OCSD will also require Vendor to substitute any insurer
whose rating drops below levels herein specified. Said substitution shall occur within twenty(20)days of written notice to
Vendor by OCSD or its agent.
11. PRIMARY INSURANCE:
All liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by OCSD shall be
excess and not contributing with the insurance provided by Vendor.
12. SEPARATION OF INSURED:
All liability policies shall contain a"Separation of Insured"clause.
13. NON LIMITING (if applicable):
ATTACHMENT C CS-2018-970BD
Rev.0418180,
Level I I wl$1 M E&O,$1 M GL
With Agreement
Orange County Sanitation District (OCSD)
Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in the
Agreement, or the extent to which Vendor may be held responsible for payments of damages to persons or property.
14. DEDUCTIBLES AND SELF INSURED RETENTIONS:
Any deductible and/or self insured retention must be declared to OCSD on the Certificate of Insurance. All deductible and/or self
insured retentions require approval by OCSD. At the option of OCSD, either: the insurer shall reduce or eliminate such
deductible or self-insured retention as respects OCSD;or the Vendor shall provide a financial guarantee satisfactory to OCSD
guaranteeing payment of losses and related investigations, claim administration and defense expenses.
15. DEFENSE COSTS:
Liability policies, except for Errors and Omissions Coverage, shall have a provision that defense costs for all insureds and
additional insureds are paid in addition to and do not deplete any policy limits.
16. LIMITS ARE MINIMUMS:
If Vendor maintains higher limits than any minimums shown above, OCSD requires and shall be entitled to coverage for the
higher limits maintained by Vendor.
ATTACHMENT C CS-2018-97OBD
Rev.041818rk
Level I M$1 M E&0,$1 M GL
With Agreement
INSURANCE SUBMITTAL CHECKLIST
The purpose of this checklist is to help you to submit the right documents to OCSD.
Insurance Policies
OCSD needs information about your insurance policies. This is done by having your broker give OCSD a "Certificate
of Liability Insurance" on an "ACORD" form that shows all the policies that you are required to submit proof of
coverage for.
1. ❑ Certificate of Liability Insurance ACORD 25(5-2010) or equivalent form
Notes: (a)The ACORD form must specify the ISO form number for each policy. ISO forms are standardized forms
—if you have a non-ISO form, then the ACORD form must specify the carrier's form number and we may
need to see the form in order to verify if it is equivalent to the form you are required to submit.
(b)The ACORD form must specify the deductible/SIR for each policy.
(c)The ACORD form must state that the policies contain a 'Separation of Insured" clause and a"Primary
and Non Contributory"clause.
A. ❑ Certificate of Worker's Compensation Insurance, see form 7 (if not included on Certificate of Lability Insurance)
Endorsements
OCSD requires specific endorsements. For these endorsements, a statement on a Certificate of Liability Insurance
WILL NOT BE accepted In lieu of the original Endorsement Ferri A statement on a Certificate of Liability
Insurance form is a matter of information only; it does not amend, extend or alter coverage. Original Endorsement
Forms)most be provided to OCSD in PDF format via e-mail or by U.S. Mail, overnight carrier, or courier service.
The following information MUST be referenced on all submitted applicable Endorsement forms:
• Policy Number
• Name of Person or Organization
• Project Description, Number, and/or All Operations
Commercial General Liability(CGL)Additional Insured Endorsement—Owners, Lessees, Contractors,
Scheduled Person, Organization or Completed Operations.
Note: Various alternatives are acceptable, as described below. OCSD WILL NOT accept ISO Forms CG 2010 07
04 and/or CG 2037 07 04. All other Additional Insured Endorsement Forms) MUST be submitted for approval by
OCSD. OCSD may reject alternatives that provide different or less coverage to OCSD.
2. ❑ CGL Additional Insured Endorsement - ISO Form CG 2010 11 85
or 3A. ❑ CGL Additional Insured Endorsement—Both ISO Form CG 2010 10 01 and
and
38. ❑ CGL Additional Insured Endorsement- ISO Form CG 2037 10 01
Automobile Insurance Additional Insured Endorsement
4. ❑ Automobile Liability Additional Insured Endorsement
Note: Carrier-provided form must be provided to OCSD for approval.
Worker's Compensation Insurance Endorsements
5. ❑ State Compensation Insurance Fund-Certificate of Workers' Compensation on the Certificate of
Workers Compensation Insurance. (NOTE: 5A and 5B are included on Form 5 on the bottom portion of
form)
5A. ❑ Cancellation Notice- Most ADD Endorsement#2065 language on Certificate of Workers'
Compensation Form Insurance Form.
5B. ❑ Waiver of Subrogation- Must ADD Endorsement#2570language on Certificate of Workers'
Compensation Insurance Form.
or 6. ❑ Equivalent Waiver of Subrogation Form
Other Coverage(if applicable): no sample forms
7. ❑ Pollution, Errors &Omissions, Marine insurance or other required insurance coverages.
g ❑ Capital Improvement Project(CIP) Additional requirements as included in "Agreement"
Revised:4/24115
Attachment D
FILING OF PROTESTS AND PROTEST PROCEDURES
For
State Lobbyist
ATTACHMENT D Specification No. CS-2018-970BD
FILING OF PROTESTS AND PROTEST PROCEDURES
This Section sets forth the procedure and remedies concerning submittal and consideration of
all protests received by OCSD with respect to this Request for Proposal (RFP). All
communications to OCSD relating to a Protest shall be in writing and submitted electronically to
Purch�sing.no�sc.corn. By submitting a Proposal, each Proposer hereby agrees and
understands that the Proposer must comply with these protest procedures and exhaust all the
administrative remedies set forth herein prior to the initiation of any type of related legal action.
Upon the express written agreement of the parties, this protest procedure can also be used to
resolve issues surrounding OCSD's determination of a Proposer as not responsible. This
procedure is not intended to address issues concerning Proposal responsiveness. The
following terms as used in this Section shall have the following meanings:
• Protest shall mean a written objection by an Interested Party to
(i) the requirements or specifications contained in a formal RFP (solicitation protest);
or
(ii) a proposed award recommendation (award protest).
• Days shall mean calendar days, unless otherwise specified.
• Interested Party shall mean (1) on solicitation, all Proposers or Prospective Proposers;
(2) on award, the unsuccessful Proposer(s) with a direct economic interest in the
outcome of their protest.
• Solicitation Protest Statement shall mean a written objection during the solicitation
phase of the procurement, which shall be submitted prior to the proposal due date as
specified herein.
• Award Protest Statement shall mean a written objection to the award recommendation
prior to final action to award the contract, which shall be submitted after receipt of
Proposals, but before award of a contract, as specified herein.
• File or Submit shall refer to the date of receipt by OCSD.
Specific procedures and requirements are as follows:
A. Solicitation Phase Protest
The purpose of this RFP is to obtain competitive Proposals from interested Proposers.
Any Interested Party who has reason to believe that a free and open competition has not
taken place or that a particular specification or requirement is impractical, unduly
restrictive, or ambiguous may advise OCSD of its concerns by submitting a detailed
Solicitation Protest Statement in accordance with the requirements set forth below in this
Section A.
1. Contents and Requirements
A Solicitation Protest Statement must be submitted via email to
ax,, yes � 7'6 0CSD.com and addressed to OCSD's Buyer identified in the RFP
by 4:00 p.m. (Pacific Time zone) no less than seven (7) days prior to the
Proposal due date, and must contain all of the following to be considered:
ATTACHMENT D Page 2 of 6 Specification No. CS-2018-970
a) The name, address, and telephone number of the protestor;
b) The title, project description, and number of the specification or RFP being
protested;
c) A detailed statement setting forth the grounds for protest, which shall
include, in sufficient detail to establish the merits of the protest, all the
factual and legal documentation in support of the protest; and
d) The desired resolution to the protest.
If the submitted Solicitation Protest Statement does not comply with the
requirements set forth herein, then it will not be considered for evaluation and will
be returned to the protestor. The Solicitation Protest Statement shall not be
amended after filing, and OCSD will not consider any unsolicited information
provided after filing. Any argument not raised in the Solicitation Protest
Statement shall be deemed waived, including as a part of the award protest.
Failure to file the Solicitation Protest Statement within the time period specified
herein shall constitute a waiver of the right to protest the specifications or
requirements of the RFP.
Solicitation Protest Statements are public documents. OCSD will provide copies
of the Solicitation Protest Statements upon written request.
2. Evaluation and Determination
No hearing will be held on the protest. OCSD's Contracts, Purchasing and
Materials Management Division Manager (Purchasing Manager), or designee,
will review all material submitted, conduct an investigation of the facts, and may,
but need not, request other Proposers to submit statements or arguments
regarding the protest. OCSD's Purchasing Manager, or designee, may in his/her
sole discretion, discuss the protest with the protestor.
OCSD's Purchasing Manager, or designee, shall issue a final written decision
regarding any solicitation protest to each Proposer prior to the Proposal
submittal. The written decision will cite any actions that will or will not be taken in
response to the Solicitation Protest Statement. The decision of the Purchasing
Manager concerning the Solicitation Protest Statement shall be final, and there
shall be no further administrative recourse.
B. Award Protest
1. Award Recommendation
Following opening and evaluation of the Proposals, OCSD will issue an award
recommendation to each Proposer through any one of the following methods:
a) Delivery via overnight carrier; or
b) Posting the Award Recommendation on OCSD's online bidding system as
identified within the RFP.
ATTACHMENT D Page 3 of 6 Specification No. CS-2018-970
On the date OCSD issues an award recommendation, OCSD shall make copies of all
submitted Proposals available upon request. Requests shall be made to
Purch�sinc.no�sc.corn and shall contain the following in the subject line of the e-mail:
"[Identify: Project/RFP name and Specification No.] — Request for Copies"
2. Contents and Requirements
Any Interested Party, who has reason to believe that a free and open competition
has not taken place in the Proposal submittal, evaluation of the Proposals, and
award recommendation, by submitting an Award Protest Statement to OCSD
identified in the RFP, via electronic mail (e-mail) at Prirchasinq,fJOCSD.coT no
later than 4:00 p.m. (Pacific Time zone) on the seventh (71h) day after OCSD
issues the Award Recommendation or some similar announcement. OCSD will
not accept an Award Protest Statement, or similar document, prior to the date
OCSD issues its Award Recommendation to the Proposers. Award Protest
Statements, or similar document, received prior to the issuance of OCSD's
Award Recommendation will be considered premature and will be immediately
returned to the party filing the Protest without consideration.
The Award Protest Statement must be submitted timely and contain all of the
following to be considered:
a) The name, address and telephone number of the protestor;
b) The title, and number of the specification being protested;
c) The OCSD action or recommendation that is being protested;
d) The name(s) of all affected parties;
e) A detailed statement setting forth the grounds, legal authority and facts in
support of the protest, including all documents and evidence;
f) Each and every ground on which the protestor bases the protest by
specific references to parts of the REP, which shall be attached as
attachments;
g) Each and every reason that all other affected parties who may be in line
for the purchase or contract award should not be awarded the contract;
h) A clear statement of the relief requested and the statutory or case law
basis for such relief; and
i) Signed and sworn by a principal of the protestor.
If the submitted Award Protest Statement does not comply with the requirements
set forth herein, than it will not be considered for evaluation, and will be returned
to the protestor. The Award Protest Statement shall not be amended after filing,
and OCSD will not consider any unsolicited information provided after filing. Any
argument not raised in the Award Protest Statement shall be deemed waived.
ATTACHMENT D Page 4 of 6 Specification No. CS-2018-970
Award Protest Statements are public documents. OCSD will notify the Interested
Parties when a protest has been submitted, and will provide copies of the Protest
Statements to the Interested Parties as soon as is reasonably practical.
3. Evaluation and Determination
The Interested Parties may file responsive statements in support of or in
opposition to the protest no later than 4:00 p.m. on the third business day after
the receipt of the Award Protest Statement from OCSD. The Purchasing
Manager, or designee, shall review the facts and all submittals relative to the
Award Protest Statement and shall issue a written decision setting forth the basis
for such decision. The written decision will be issued to the protestor and to all
affected parties.
Unless otherwise required by law, no evidentiary hearing or oral argument shall
be provided, except in the sole discretion of the Purchasing Manager, or
designee.
In the event a hearing is conducted, the Purchasing Manager, or designee, shall
issue written notice to the protestor and Interested Parties identifying the date
and time for the hearing, along with rules concerning the hearing.
4. Appeal Process
In the event of an adverse decision by the Purchasing Manager, or designee, the
protestor may submit a written appeal to the Director of Administrative Services
and the Director of the Department requesting the Procurement, and immediately
send copies to all Interested Parties. The appeal must be submitted via email to
Pumhrasing!c�OCSD.com no later than 4:00 p.m. (Pacific Time zone)within seven
(7) days after the date the Purchasing Manager, or designee, rendered a
decision. The protestor shall only submit: (1) information and documentation
previously submitted to the Purchasing Manager, or designee; (2) a copy of the
final decision of the Purchasing Manager, or designee; and (3) a brief statement
setting forth all factual and legal bases for the appeal. The Director of
Administrative Services, together with the Director of the Department requesting
the Procurement shall evaluate each Award Protest Statement and determine
whether to uphold or reject the Purchasing Manager's determination. For
Contracts to be awarded by District Staff, the decision of the Director of Finance
and the Director of the Department requesting the Procurement shall be final.
For Contracts to be awarded by the Board of Directors, the Board may consider
an Award Protest Statement in the connection with its consideration of the
Contract.
C. Delay in Award
Execution of any proposed contract shall be delayed pending the resolution of the
protest unless one or more of the following conditions is present:
1. The items or services being procured are urgently required;
2. Delivery or performance will be unduly delayed by failure to make award
promptly; or
ATTACHMENT D Page 5 of 6 Specification No. CS-2018-970
3. Failure to make prompt award will otherwise cause undue harm to OCSD.
D. No Limitation on Remedies
Nothing contained herein shall be construed to act as a limitation on OCSD's choice of
remedies or confer any right upon any Interested Party to a remedy.
E. Basis for Choice of Refinedv
In determining the appropriate remedy, OCSD shall consider all the circumstances
surrounding the RFP and/or award, including, but not limited to:
1. Seriousness of any deficiency found to exist in the contracting process;
2. The effect of the action on the competitive process;
3. Any urgency surrounding the contract requirement; and
4. The effect that implementing the remedy will have on OCSD.
F. Remedies
If OCSD determines that the award or proposed award was not made in accordance with
applicable statutes, regulations, policies and/or procedure, OCSD, in its sole discretion,
may grant any of the following remedies or any other remedy it deems appropriate:
1. Prior to award, OCSD may issue a new solicitation, make a new selection/award
recommendation, or award a contract consistent with applicable statutes,
regulations, policies and procedures;
2. In its sole discretion, take no further action; or
3. Take any other action that is permitted by law to promote compliance.
G. Legal Action
Any Ierl action to set aside the final determination of OCSD must be filed no later than
the 90' day following the date of the final determination consistent with Code of Civil
Procedure section 1094.6. In the event a protestor files a legal action related to the
protest, if OCSD prevails, OCSD reserves the right to seek reimbursement of its costs,
including attorneys'fees, to the fullest extent permitted by law.
ATTACHMENT D Page 6 of 6 Specification No. CS-2018-970
Attachment E
DRAFT CONTRACT
For
State Lobbyist
ATTACHMENT E Specification No. CS-2018-970BD
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
State Lobbyist
Specification No. CS-2018-970BD
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 (hereinafter referred to as"OCSY)and I 1
with a principal place of business at ( 1 (hereinafter referred to
as "Consultant") collectively referred to as the "Parties".
WITNESSETH
WHEREAS, based on Consultant's expertise and experience, OCSD desires to temporarily
engage Consultant to provide State of California advocacy services "Services" as described in
Exhibit "A'; and
WHEREAS, Consultant submitted its Proposal, dated 1; and
WHEREAS, on , the Board of Directors of OCSD, by minute order,
authorized execution of this Agreement between OCSD and Consultant; and
WHEREAS, OCSD has chosen Consultant to conduct Services in accordance with Ordinance
No. OCSD-52; and
NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged
between the Parties, the Parties mutually agree as follows;
1. Introduction
1.1 This Agreement and all exhibits hereto (called the "Agreement") is made by OCSD and the
Consultant. The terms and conditions herein exclusively govern the purchase of Services
as described in Exhibit"A".
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.
Exhibit "A" Scope of Work
Exhibit "B" Proposal
Exhibit "C" Acknowledgement of Insurance Requirements
Exhibit "D" OCSD Safety Standards
Exhibit "E" Not Used
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 section or provision hereof.
Orange County Sanitation District 1 of 10 Specification No. CS-2018-9708D
Version 032018
1.6 The term "days", when used in the Agreement, shall mean calendar days, unless otherwise
noted as workdays.
1.7 The term "workday". Workdays are defined as all days that are not Saturday, Sunday, or
OCSD observed holidays. Meetings with OCSD staff shall be scheduled from Monday
through Friday between the hours of 8 a.m. and 4 p.m. (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 OCSD observed holidays.
1.8 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday,
Presidents' Day, Memorial Day, Independence Day, Labor Day, 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 hours,
evenings, and weekends. OCSD will not pay for travel time.
1A0 Consultant shall provide OCSD with all required premiums and/or overtime work at no
charge beyond the total amount of the Agreement.
1A1 Except as expressly provided otherwise, OCSD accepts no liability for any expenses,
losses, or action incurred or undertaken by Consultant 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, Consultant shall perform the
Services identified in Exhibit "A". Consultant 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 Consultant and the Agreement period adjusted accordingly.
4. Compensation Compensation to be paid by OCSD to Consultant for the Services provided
under this Agreement shall be a total amount not to exceed [ 1 Dollars
($ .00).
5. California Department of Industrial Relations fDiR)Registration and Record of Wages
5A To the extent Consultant's employees and/or subconsultants who will perform work for
which Prevailing Wage Determinations have been issued by the DIR and as more
specifically defined under Labor Code Section 1720 at seq, Consultant and subconsultants
shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to
Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement
by the DIR.
5.2 The Consultant and subconsultants shall maintain accurate payroll records and shall comply
with all the provisions of Labor Code Section 1776, and shall submit payroll records to the
Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance
with the requirements of Section 1776 may be deducted from progress payments per
Section 1776.
5.3 Pursuant to Labor Code Section 1776, the Consultant and subconsultants shall furnish a
copy of all certified payroll records to OCSD and/or general public upon request, provided
the public request is made through OCSD, the Division of Apprenticeship Standards, or the
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Division of Labor Standards Enforcement of the Department of Industrial Relations.
5.4 The Consultant and subconsultants shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulation Section 16461(a).
6. Payment and invoicing
6.1 Consultant shall be paid monthly by OCSD upon approval of invoices by OCSD's Project
Manager or designee, for Services rendered as required in Exhibit "A OCSD, at its sole
discretion, shall be the determining party as to whether the Services have been satisfactorily
completed.
Invoices shall be emailed by Consultant to OCSD Accounts Payable at
APS-,art_c'DCCSD.corn and "INVOICE" with the Purchase Order Number and Specification
No.CS-2018-970BD shall be referenced in the subject line.
7. Audit Rights Consultant 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 Consultant relating to the invoices
submitted by Consultant pursuant to this Agreement.
8. Commencement and Term The Services provided under this Agreement shall be for a
period of four(4)years commencing on January 1, 2019 and continuing through December
31, 2022.
9. Renewals
9.1 OCSD may exercise the option to renew this Agreement for up to one (1) one-year period
based upon the criteria set forth in 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.
9.2 This Agreement may be renewed by OCSD Purchase Order.
10. Extensions The term of this Agreement may be extended only by written instrument signed
by both Parties.
11. Performance Time is of the essence in the performance of the provisions hereof.
12. Termination
12.1 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
termination notice, Consultant shall immediately discontinue all work under this Agreement
(unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay
Consultant for work performed (cost and fee) to the date of termination. Consultant
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 Consultant
other than for work performed to the date of termination.
12.2 OCSD reserves the right to terminate this Agreement immediately upon OCSD's
determination that Consultant is not complying with the Scope of Work requirements, if the
level of service is inadequate, or any other default of this Agreement.
12.3 OCSD may also immediately terminate for default of this Agreement in whole or in part by
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written notice to Consultant:
• if Consultant becomes insolvent or files a petition under the Bankruptcy Act; or
• if Consultant sells its business; or
• if Consultant breaches any of the terms of this Agreement; or
• if total amount of compensation exceeds the amount authorized under this Agreement.
12.4 All OCSD property in the possession or control of Consultant shall be returned by Consultant
to OCSD on demand, or at the termination of this Agreement, whichever occurs first.
13. Indemnification and Hold Harmless Provision Consultant 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 Consultant's services under this Agreement, or by its
subconsultant(s) or by anyone directly or indirectly employed by Consultant, 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,
Consultant 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, 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 Consultant'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 Consultant
or anyone employed by or working under Consultant. To the maximum extent permitted by
law, Consultant's duty to defend shall apply whether or not such claims, allegations,
lawsuits, or proceedings have merit or are meatless, 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, or injury. Consultant 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.
14. Insurance Consultant and all subconsultants 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". Consultant shall not commence work under this Agreement until all required
insurance is obtained in a form acceptable to OCSD, nor shall Consultant allow any
subconsultant to commence service pursuant to a subcontract until all insurance required
of the subconsultant has been obtained. Failure to maintain required insurance coverage
shall result in termination of this Agreement.
15. 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 Consultant to remove a person designated as key under
this Agreement, Consultant agrees to do so immediately regardless of the reason, or the
lack of reason, for OCSD's request. Consultant shall assign only competent personnel to
perform services pursuant to this Agreement.
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16. Confidentiality and Non-Disclosure
16.1 Consultant acknowledges that in performing the Services hereunder, OCSD may have to
disclose to Consultant orally and in writing certain confidential information that OCSD
considers proprietary and has developed at great expense and effort.
16.2 Consultant 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.
16.3 Consultant 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
Consultant during the term of this Agreement.
16.4 Consultant agrees as follows:
• To use the confidential information only for the purposes described herein;to not reproduce
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 Consultant or personnel of Consultant
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 Consultant'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.
16.5 The provisions of this section shall survive termination or expiration of this Agreement and
shall continue for so long as the material remains confidential.
17. Ownership of Documents All drawings, specifications, reports, records, documents,
memoranda, correspondence, computations, and other materials prepared by Consultant,
its employees, subconsultants, and agents in the performance of this Agreement shall be
the property of OCSD and shall be promptly delivered to OCSD upon request of OCSD's
Project Manager or designee, or upon the termination of this Agreement, and Consultant
shall have no claim for further employment or additional compensation as a result of the
exercise by OCSD of its full rights of ownership of the documents and materials hereunder.
Any use of such completed documents for other projects and/or use of incomplete
documents without specific written authorization by the Consultant will be at OCSD's sole
risk and without liability to Consultant. Consultant shall ensure that all its subconsultants
shall provide for assignment to OCSD of any documents or materials prepared by them.
18. Ownership of Intellectual Property
18.1 Consultant 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.
18.2 Consultant agrees to promptly disclose to OCSD all such New Developments. Upon
OCSD's request, Consultant agrees to assist OCSD, at OCSD's expense, to obtain patents
or copyrights for such New Developments, including the disclosure of all pertinent
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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. Consultant 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.
18.3 Consultant warrants that Consultant 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.
18A 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 Consultant or its subconsuitants in connection with these Services shall be
delivered to and shall become the exclusive property of OCSD. OCSD may utilize these
documents for OCSD applications on other projects or extensions of this project, at its own
risk.
19. No Solicitation of Employees
19.1 Consultant 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 whom Consultant became aware of as a result
of Consultant's Services to OCSD.
19.2 Consultant acknowledges that OCSD's employees are critical to its business and OCSD
expends significant resources to hire, employ, and train employees. Should Consultant
employ or otherwise engage OCSD's employees during the term of this Agreement and for
a period of one (1) year following termination of this Agreement, Consultant will pay OCSD
fifty percent(50%) of the former employee's most recent annual salary earned at OCSD to
accurately reflect the reasonable value of OCSD's time and costs. This payment is in
addition to any other rights and remedies OCSD may have at law.
20. Independent Contractor Capacity
20.1 The relationship of Consultant to OCSD is that of an independent contractor and nothing
herein shall be construed as creating an employment or agency relationship.
20.2 Consultant shall act independently and not as an officer or employee of OCSD. OCSD
assumes no liability for Consultant's action and performance, nor assumes responsibility for
taxes, funds, payments or other commitments, implied or expressed, by or for Consultant.
20.3 Consultant shall not be considered an agent of OCSD for any purpose whatsoever, nor shall
Consultant have the right to, and shall not, commit OCSD to any agreement, contract or
undertaking. Consultant shall not use OCSD's name in its promotional material or for any
advertising or publicity purposes without expressed written consent.
20.4 Consultant shall 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. Consultant shall be responsible for
providing, at Consultant's expense, disability, worker's compensation or other insurance as
well as licenses and permits usual or necessary for conducting the Services hereunder.
20.5 Consultant shall be obligated to pay any and all applicable Federal, State and local payroll
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and other taxes incurred as a result of fees hereunder. Consultant hereby indemnifies OCSD
for any claims, losses,costs,fees, liabilities,damages or penalties suffered by OCSD arising
out of Consultant's breach of this provision.
20.6 Consultant shall not be eligible to join or participate in any benefit plans offered to those
individuals listed on OCSD's payroll as regular employees. Consultant shall remain ineligible
for such benefits or participation in such benefit plans even if a court later decides that OCSD
misclassified Consultant for tax purposes.
21. Licenses, Permits Consultant 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 Federal, 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 Consultant.
22. Consultant's Representations In the performance of duties under this Agreement,
Consultant shall adhere to the highest fiduciary standards, ethical practices and standards
of care and competence for their trade/profession. Consultant agrees to comply with all
applicable Federal, State and local laws and regulations.
23. Familiarity with Work By executing this Agreement, Consultant 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 Consultant 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 Consultant's risk, until
written instructions are received from OCSD.
24. Right to Review Services Facilities and Records
24.1 OCSD reserves the right to review any portion of the Services performed by Consultant
under this Agreement, and Consultant agrees to cooperate to the fullest extent possible.
24.2 Consultant shall furnish to OCSD such reports, statistical data, and other information
pertaining to Consultant'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.
24.3 The right of OCSD to review or approve drawings, specifications, procedures, instructions,
reports, test results, calculations, schedules, or other data that are developed by Consultant
shall not relieve Consultant of any obligation set forth herein.
25. Force Maieure Neither party shall be 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.
26. 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
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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.
27. 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 Consultant 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.
28. Remedies In addition to other remedies available in law or equity, if the Consultant fails to
make delivery of the goods or Services or repudiates its obligations under this Agreement,
or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services,
OCSD may(1)terminate 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 Consultant. In the event OCSD elects to "cover" as
described in (3), OCSD shall be entitled to recover from Consultant as damages the
difference between the cost of the substitute goods or Services and the Agreement price,
together with any incidental or consequential damages.
29. 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.
30. Attorney's Fees If any action at law or in equity or if any proceeding in the form of an
Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which it may be entitled.
31. Dispute Resolution
31.1 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 in 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 an alternate dispute resolution process.
31.2 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 at seq. For such purpose, an agreed arbitrator
shall be selected, or in the absence of agreement, each party shall select an arbitrator, and
those two (2)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 (3) 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 anyjudgment issued therein.
32. Damage to OCSD's Property Any OCSD property damaged by Consultant will be subject
to repair or replacement by Consultant at no cost to OCSD.
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33. OCSD Safety Standards OCSD requires Consultant and its subconsultants to follow and
ensure their employees follow all Federal, State and local regulations as well as OCSD
Safety Standards while working at OCSD locations. If during the course of the Agreement it
is discovered that OCSD Safety Standards do not comply with Federal, State or local
regulations, then the Consultant is required to follow the most stringent regulatory
requirement at no additional cost to OCSD. Consultant and all of its employees and
subconsultants, shall adhere to all applicable OCSD Safety Standards attached hereto in
Exhibit "U.
34. Freight (F.O.B. Destination) Consultant 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.
35. Assignments Consultant 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.
38. Conflict of Interest and Reporting
36.1 Consultant shall at all times avoid conflicts of interest or appearance of conflicts of interest
in performance of this Agreement.
36.2 Consultant affirms that to the best of its knowledge there exists no actual or potential conflict
between Consultant's families, business 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.
37. Third Party Rights Nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than OCSD and Consultant.
38. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall
be personally liable to Consultant, or any successor-in-interest, in the event of any default
or breach by OCSD or for any amount which may become due to Consultant or to its
successor, or for breach of any obligation of the terms of this Agreement.
39. 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.
40. Read and Understood By signing this Agreement, Consultant represents that it has read
and understood the terms and conditions of the Agreement.
41. 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.
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42. 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 for 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: Jennifer Martin
Buyer
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Consultant:
Each party shall provide the other party written notice of any change in address as soon as
practicable.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Agreement to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
Gregory C. Sebourn, PLS
Chair, Board of Directors
Dated: By:
Clerk of the Board
Dated: By:
Contracts, Purchasing and Materials
Management Manager
COMPANY
Dated: By:
Print Name and Title of Officer
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Attachment F
TERMS & CONDITIONS FOR REQUEST FOR PROPOSAL
For
State Lobbyist
ATTACHMENT F Specification No. CS-2018-970BD
ORANGE COUNTY SANITATION DISTRICT(OCSD)
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
(714)962-2411 FAX (714)593-7784 TERMS AND CONDITIONS FOR BID/PROPOSAL
1. Bidding/Proposing. Bid cost must be submitted online via our PlanetBids 8. Sales and Use Taxes. Unless otherwise specified in the NIB/RFP, and
system at www.ocsd.com. excepting works of construction or works involving labor and materials which
are tax inclusive, the prices quoted in the bid/proposal shall not include sales
2. Request for Interpretation. A prospective bidder/proposer who is in doubt and/or use taxes. However, applicable sales and/or use taxes shall be
as to the meaning of any part of the plans, specifications or other contract included in the Purchase Order, if awarded.
documents, or finds errors in, or omissions from the plans or specifications,
should request, in writing via our PlanetBids Q&A process at www.ocsd.com, 9. Transportation Charges. Unless otherwise specified in the NIB/RFP, prices
an interpretation or correction. quoted in the bid/proposal shall not include charges for transportation,
packing, containers, or"in bound freight', etc.
3. Unit Price. Unless otherwise specified in the NIB/RFP, the bidder/proposer
shall state in figures the unit prices for which he proposes to supply and deliver 10. Purchase Order Terms and Conditions. The successful bidder/proposer
the goods, materials, equipment and services described in the bid/proposal shall receive a Purchase Order,together with the Purchase Order Terms and
and shall segregate the components of his bid/proposal as shown on the Conditions attached thereto,which shall form a part of the agreement between
bid/proposal online form. the parties. In the event of conflict between the Purchase Order terms and
terms of the Contract, the Contract shall prevail.
4. Discrepancies. If a discrepancy occurs between the unit price and the total
stated price for an item, the unit price shall prevail and the total price shall be 11. Standard Provisions/Specifications. If so provided in the NIB/RFP, the
corrected accordingly. If a discrepancy occurs between the stated grand total services performed under the agreement are subject to, and must conform
price for all items and the actual total for all items, the individual item prices with, the General Provisions,Standard Specifications and Standard Drawings,
shall prevail and the grand total price shall be corrected accordingly. If a as adopted and amended by OCSD from time to time. Refer to the NIB/RFP
discrepancy occurs between the terms of the bid/proposal and of the NIB/RFP for determination.
(including plans and specifications),the terms of the NIB/RFP (including plans
and specifications)shall prevail. 12, Inspection. By submitting a bid/proposal,the bidder/proposer will be deemed
to represent that he has examined: (a) the plans, specifications and contract
5. Bid/Proposal Withdrawal. If a bidder/proposer wishes to withdraw his documents,and(b)the site where the work is to be performed and any surveys
bid/proposal he may do so without prejudice to himself at any time before the or reports concerning the site.
scheduled bid/proposal opening. The withdrawal of a bid/proposal does not
prejudice the right of a bidder/proposer to file a new bid/proposal before the 13. Bidder/Proposer Qualifications. The bidder/proposer must meet all
deadline for delivery of bids/proposals. All bids/proposals shall be irrevocable licensing and/or other qualifications described in the NIB/RFP. A statement of
for 180 days after bid/proposal opening or such other date as specified in the previous experience and/or financial condition may be required before contract
NIB/RFP. award.
6. Bid/Proposal Deliverv. E-bids/proposals will not be accepted after the e-bid 14. Disqualification. No bidder/proposer may present more than one
submittal date and time. bid/proposal for the same work or be interested in more than one bid/proposal.
Apparent collusion among bidders/proposers is cause for rejection of their
7. Bid/Proposal Resection. OCSD reserves the right to reject any and all bids/proposals.
bids/proposals and to waive technical defects as the interests of OCSD may
require. In no event shall OCSD be liable for any costs incurred in connection
with the preparation and submittal of a bid/proposal.
ATTACHMENT F (Rev.2MV2016) 1 (BOND WAIVED)
15. Insurance Requirements. Before beginning work under the agreement, the 17. Computer Date Suitability. Vendor warrants that all functionality described
successful bidder/proposer shall provide OCSD with: in product's user manual has been tested to work for usage and data dates
between January 1 1900 and January 1 2100. Should it be determined that
A. such insurance and certificates of insurance as maybe required by OCSD the product would stop or otherwise fail for dates in this range, then Vendor
in the NIB/RFP and/or any fully executed contract between the parties; or shall provide at no additional cost to OCSD a repair or upgrade in a timely
fashion. If such repair or upgrade is not acceptable to OCSD, then at the sole
B. certificates of commercial general liability, automobile liability, and discretion of OCSD, product may be returned to Vendor for a full refund.
worker's compensation insurance, satisfactory to OCSD.
Such insurance shall remain in effect throughout the performance of the
agreement.
16. Bond Requirements.
A. Bid/Proposal Bond. Each bid/proposal must be accompanied by a
certified or cashier's check,payable to"Orange County Sanitation District,"
or a bid/proposal bond for the benefit of OCSD, in a form satisfactory to
OCSD and issued by a qualified corporate surety licensed to do business
in the State of California and having an agent for service of process in
California. The person executing the bid/proposal bond must have on file
with the County Clerk, County of Orange, a power of attorney and
authorization to execute the bond on behalf of the corporWillooLy. The
amount of the check or bondjYFw
t ount
bid/proposed.
B. Other Bon or ninn ccessful
bi h eIns
a in the NIB/RFP and/or any
tract between the parties; and/or
(2) labor and material bonds, satisfactory to OCSD, for 100% of the
agreement price; and
(3) a faithful performance bond, satisfactory to OCSD, for 100% of the
agreement price.
Such bonds shall remain in effect throughout the performance of the
agreement.
C. Carriers. All bonds must be issued by a surety authorized by the State
Insurance Commissioner to do business in California.
ATTACHMENT F (Rev.TIV2016) 2 (BOND WAIVED)
Attachment G
NON-COLLUSION AFFIDAVIT
For
State Lobbyist
Ali Proposers must upload the Non-Collusion Affidavit form at the time of Proposal submission.
Proposers will be required to submit the original Non-Collusion Affidavit form within 48 hours
upon written request by OCSD.
ATTACHMENT G Specification No. CS-2018-9706D
This Affidavit To Be Fully Executed
Non-Collusion Affidavit
State Of
) Ss'
County Of
Being First Duly Sworn,
Deposes And Says That He Or She Is Of
The Party Making The
Proposal, That The Proposal Is Not Made In The Interest Of, Or On Behalf Of, Any Undisclosed
Person, Partnership, Company, Association, Organization, Or Corporation; That The Proposal
Is Genuine And Not Collusive Or Sham; That The Proposer Has Not Directly Or Indirectly
Induced Or Solicited Any Other Proposer To Put In A False Or Sham Proposer, And Has Not
Directly Or Indirectly Colluded, Conspired, Connived, Or Agreed With Any Proposer Or Anyone
Else To Put In A Sham Proposal, Or That Anyone Shall Refrain From Submitting A Proposal;
That The Proposer Has Not In Any Manner, Directly Or Indirectly, Sought By Agreement,
Communication, Or Conference With Anyone To Fix The Proposal Price Of The Proposer Or
Any Other Proposer, Or To Fix Any Overhead, Profit, Or Cost Element Of The Proposal Price,
Or Of That Of Any Other Proposal, Or To Secure Any Advantage Against The Public Body
Awarding The Contract Of Anyone Interested In The Proposed Contract; That All Statements
Contained In The Proposal Are True; And, Further, That The Proposer Has Not, Directly Or
Indirectly, Submitted His Or Her Proposal Price Or Any Breakdown Thereof, Or The Contents
Thereof, Or Divulged Information Or Data Relative Thereto, Or Paid, And Will Not Pay Any Fee
To Any Corporation, Partnership, Company Association, Organization, Proposal Depository, Or
To Any Member Or Agent Thereof To Effectuate A Collusive Or Sham Proposal.
I Declare Under Penalty Of Perjury Under The Laws Of The State Of California That The
Foregoing Is True And Correct
Signature Of: President,
Secretary, Manager,
Owner Or
Representative
Subscribed And Sworn To Before Me
This , Day Of 20
Signature Of Notary Public In And For
The County Of ,
State Of
All Signatures Must Be Witnessed By Notary
ATTACHMENT G Specification No. CS-2018-97OBD
Attachment H
REFERENCE SHEET
For
State Lobbyist
"All Proposers must upload the Reference Sheet at the time of Proposal submission.
ATTACHMENT H Specification No. CS-2018-9706D
REFERENCE SHEET
The following are the names, addresses and telephone numbers for five (5) municipal or
industrial contacts which Proposer has provided similar service to within the past five (5) years.
1.
Company: Telephone:
Contact: Fax:
Address: Email:
2.
Company: Telephone:
Contact: Fax:
Address: Email:
3.
Company: Telephone:
Contact: Fax:
Address: Email:
4.
Company: Telephone:
Contact: Fax:
Address: Email:
5.
Company: Telephone:
Contact: Fax
Address: Email:
ATTACHMENT H Specification No. CS-2018-9706D