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HomeMy WebLinkAboutCS-2018-971BD.pdf REQUEST FOR PROPOSAL (RFP) FOR Federal Lobbyist CS-2018-971 BD �tV SAN,,, 4� � iFS O V 2 p G THE 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 Fllis Avenue,Fountain Valie,.CA 9270E ,14.982.2411 www.ocsd.com July 24, 2018 Specification No. CS-2018-971BD 1 REQUEST FOR PROPOSAL (RFP) Federal Lobbyist Specification No. CS-2018-971BD 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 r.e.x 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 �s Our Mission: To pry e ,M nea + =rY he enwt *+ut�! by OtO'o g eff ^trtC W.t,fC..c f „Iie6, w l' Id eeLYL/Ig 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 9 Proposal Format and Content, page 10 Evaluation Procedures, page 13 Evaluation Criteria, page 14 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: "Non-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 com. 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 14 Specification No. CS-2018-971 BD 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 REP. Any addendum issued pertaining to this REP 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 REP as the result of oral instructions. 2.10 Clarifications - Should a Proposer require clarification of this REP, 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 REP 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 REP 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 14 Specification No. CS-2018-971 BD 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 Legislative Lobbyist shall remain firm during the contract period. REQUEST FOR PROPOSAL Page 5 of 14 Specification No. CS-2018-971 BD 3.10 Renewal of Contract— OCSD may exercise the option to renew the Contract up one (1)one-year periods based upon the criteria set forth in these specifications if mutually acceptable contract terms can be negotiated. 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 92703, Attention Accounts Payable or via email to APS-,a%q)ocsd.co . 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 _com. 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 0730 and 1600 hours. OCSD will not Day travel time. REQUEST FOR PROPOSAL Page 6 of 14 Specification No. CS-2018-971 BD 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 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 win Ar cbd.rorn 'Safety and Human Resources Policy" (hover over ABOUT US), select "Safety and Human Resources Policy". Click TIR Policies"to access OCSD Human Resources Policies. Click"Safety Policies' to access the OCSD Safety Standards (10/15115) Version 7 and OCSD Standard Operating Procedures. Disregard "OCIP Safety Standards" and "OCSD Safety Standards 9-10-15" 3.19 Right 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. REQUEST FOR PROPOSAL Page 7 of 14 Specification No. CS-2018-971 BD 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 8 of 14 Specification No. CS-2018-971 BD 4 DESIRED QUALIFICATIONS AND EXPERIENCE 4.1 The ideal Consultant shall: 4.1.1 Exist as a lobbying firm located in Washington, D.C; 4.1.2 Have extensive experience providing Federal representation services to public agency clients, particularly special districts and wastewater agencies; 4A.3 Have a proven and successful track record securing Federal funds for its public agency clients; 4.1.4 Have established, longstanding and positive working relationships with members of Congress including the Orange County delegation, Committee leadership and senior staff; 4A1 5 Have established, longstanding and positive working relationships with Federal agencies and senior executive staff as well as national wastewater industry organizations (e.g., National Association of Clean Water Agencies NACWA); 4.1.6 Be fully dedicated to the project and funding goals and objectives of OCSD; 4.1.7 Be pro-active in monitoring and identifying funding opportunities that may be of interest to OCSD. REQUEST FOR PROPOSAL Page 9 of 14 Specification No. CS-2018-971 BD 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 REP 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. REQUEST FOR PROPOSAL Page 10 of 14 Specification No. CS-2018-971BD B.1.5 Provide five (5) references for the services cited as related experience, and furnish the name, title, address, email, and 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 Pro act 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.2A Provide education, experience, and applicable professional credentials of Proposer's staff assigned to provide the services requested in this REP. 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 RIFE. Proposal Section D: Technical Exceptions/Deviations —State any exceptions to or deviations from the technical requirements of this REP. Where Proposer wishes to propose alternative approaches to meeting OCSD's technical requirements, these should be thoroughly explained. REQUEST FOR PROPOSAL Page 11 of 14 Specification No. CS-2018-971BD 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 sample agreement/contract 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 12 of 14 Specification No. CS-2018-971BD 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 13 of 14 Specification No. CS-2018-971BD 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 14 of 14 Specification No. CS-2018-971BD Attachment A SCOPE OF WORK For Federal Lobbyist ATTACHMENTA Specification No. CS-2018-971BD ATTACHMENT A SCOPE OF WORK FEDERAL LOBBYIST SPECIFICATION NO. CS-2018-971BD 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 is seeking proposals from qualified Legislative Advocacy Firms (Consultant) to represent the Orange County Sanitation District's federal objectives before California's congressional delegation, other Members of Congress, congressional committees, congressional staff, and federal agencies. 2 Description 2.1 The selected Consultant shall develop appropriate strategies in consultation with the Public Affairs Supervisor for designee)to advocate for the OCSD's federal objectives as established by the OCSD Legislative and Public Affairs Committee and represent the OCSD's interest in Washington, DC. 2.2 The Consultant shall have established relationships with key policy makers and elected officials within the California delegation and in Washington, DC. 2.3 The Consultant shall be properly registered and authorized to conduct the services requested within this Scope of Work. 3 ProjectJWork Elements 3.1 The Consultant shall provide services and advice including, but not be limited to the following: ATTACHMENT A Page 1 of 3 Specification No. CS-2018-971 BD 3.1.1 Develop short-term and long-term strategies with the Public Affairs Supervisor (or designee) pertaining to funding and other Federal policy and administrative issues. 3.1.2 Work with the Public Affairs Supervisor (or designee) regarding the feasibility of its legislative platform and development of strategies. 3.1.3 Review federal legislation under consideration as introduced and amended, proposed, and adopted administrative rules and regulations and other federal developments for the purpose of advising the Public Affairs Supervisor(or designee) of those items that may affect a OCSD policy, program or budget. 3.1 A Secure and furnish such detailed information as may be available on federal legislation and programs in which OCSD indicates an interest. 3.1.5 Review, comment and prepare proposed sponsored legislation by OCSD for submission to the Members of Congress when requested to do so by the Public Affairs Supervisor (or designee) and Legislative and Public Affairs Committee. 3.1.6 Serve as OCSD's liaison with the California congressional delegation and 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. 3.1.7 Assist in drafting materials and correspondence to support advocacy for the OCSD's Federal legislative platform and appropriations requests. 3.1.8 Conduct timely telephone and/or email updates to the Public Affairs Supervisor(or designee), monthly status reports, provide updates at the monthly Legislative and Public Affairs Committee meeting via the telephone and attend in-person two Legislative and Public Affairs Committee meetings per calendar year as requested. 3.1.9 Participates in the preparation of itineraries and facilitates meetings between OCSD staff, Board Members and congressional delegation staff and various agencies. 3.1,10 Complete, in a timely fashion, all forms and reports required of lobbyists by the federal government and other relevant local, state, and federal jurisdictions. 3.1.11 Consult with the Public Affairs Supervisor (or designee) regarding appearances by OCSD personnel before congressional committees and administrative agencies and arrange for appointments and accommodations for OCSD personnel as necessary. ATTACHMENT A Page 2 of 3 Specification No. CS-2018-971 BD 3.1.12 Contact California's congressional delegation, other Members of Congress, congressional committees, congressional staff and federal agencies on OCSD's behalf when OCSD positions are under consideration by such bodies and otherwise take whatever steps necessary to obtain the most favorable consideration. 3.1A3 In fulfilling these responsibilities, the Consultant shall act in the name of OCSD, and with the title of Federal Representative to OCSD. 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 and OCSD's current legislative position on each bill. 4.3 The Consultant shall participate in an annual legislative platform planning session with Public Affairs Supervisor(or designee) and the Legislative and Public Affairs Committee resulting in the development of the annual work plan with strategies and objectives to achieve the legislative goals. ATTACHMENT A Page 3 of 3 Specification No. CS-2018-971 BD Appendix A 2018 Legislative and Regulatory Plan For Federal Lobbyist APPENDIX A Specification No. CS-2018-971BD ORANGE COUNTY SANITATION DISTRICT 2018 Legislative and Regulatory Plan 4oJM nit iN i A ��r HE EHo�O Orange County Sanitation District 2018 Legislative&Regulatory Plan Legislative & Regulatory Affairs Team OCSD Staff Federal Lobbying Team State Lobbying Team Regulatory Advocacy Team 2 January 2018 Orange County Sanitation District 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. 3 January 2018 Orange County Sanitation District 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. 4 January 2018 Orange County Sanitation District 2018 Legislative&Regulatory Plan • 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. 5 January 2018 Orange County Sanitation District 2018 Legislative&Regulatory Plan • 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 6 January 2018 Orange County Sanitation District 2018 Legislative&Regulatory Plan 7 January 2018 Orange County Sanitation District 2018 Legislative&Regulatory Plan • 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 8 January 2018 Orange County Sanitation District 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 9 January 2018 Orange County Sanitation District 2018 Legislative&Regulatory Plan 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 10 January 2018 Orange County Sanitation District 2018 Legislative&Regulatory Plan • 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 11 January 2018 Orange County Sanitation District 2018 Legislative&Regulatory Plan 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 12 January 2018 Orange County Sanitation District 2018 Legislative&Regulatory Plan 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. 13 January 2018 Orange County Sanitation District 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. 14 January 2018 Orange County Sanitation District 2018 Legislative&Regulatory Plan 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. 15 January 2018 Orange County Sanitation District 2018 Legislative&Regulatory Plan 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. 16 January 2018 Orange County Sanitation District 2018 Legislative&Regulatory Plan 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. 17 January 2018 Orange County Sanitation District 2018 Legislative&Regulatory Plan 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. 18 January 2018 Attachment B COSTPROPOSALFORM For Federal Lobbyist ATTACHMENT B Specification No. CS-2018-971BD ATTACHMENT B '•1 COST PROPOSAL FORM STATE LOBBYIST SPECIFICATION NO. CS-2018-971BD 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-2018-971BD Attachment C ACKNOWLEDGMENT OF INSURANCE For Federal Lobbyist *All Proposers must upload the Acknowledgment of Insurance Requirements at the time of Proposal submission. ATTACHMENT C Specification No. CS-2018-971BD Orange 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 AGENTIBROKER 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 PDF format via e-mail to rklemmlanl ocsd coma. 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 Worker's 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 contractors liability, personal and advertising injury, mobile equipment, cross liability and severability of interest clauses.A ATTACHMENT C SPECIFICATION NO.CS-2018-9716D Ra.001B1BA 11 wI S,M E80.61M GL WMApreement Orange County Sanitation District (OCSD) 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 SPECIFICATION NO.CS-2018-971 BE Rev.04i8i8M1 revel ll w/$tM E8Q 51M GL Wi1M1 Pgreement 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 SPECIFICATION NO.CS-2018-971 BD Rev.0 "Ift 1-111 wl slv E8o sl.cL Wi.Pgreement 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 SPECIFICATION NO.CS-2018-971 BE Rev.04i8i8M1 revel ll w/$tM E8Q 51M GL Wi1M1 Pgreement 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 Federal Lobbyist ATTACHMENT D Specification No. CS-2018-971BD 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 -'ur:; gas � 7'6 0CSD.corn 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-2018-971 BD 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-2018-971 BD 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�sing.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 it 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-2018-971 BD 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 Purrh�singOCSD.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-2018-971 BD 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-2018-971 BD Attachment E DRAFT CONTRACT For Federal Lobbyist ATTACHMENT E Specification No. CS-2018-971BD PROFESSIONAL CONSULTANT SERVICES AGREEMENT Federal Lobbyist Specification No. CS-2018-971BD 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"OCSD")and 1 1 with a principal place of business at I. 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 Federal advocacy services "Services" as described in Exhibit "A"; and WHEREAS, Consultant submitted its Proposal, dated f 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. 1.6 The term "days", when used in the Agreement, shall mean calendar days, unless otherwise Orange County Sanitation District 1 of 10 Specification No. CS-2018-9718D Version 032018 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. 1.10 Consultant shall provide OCSD with all required premiums and/or overtime work at no charge beyond the total amount of the Agreement. 1.11 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. Scone 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 f 1 Dollars ($ .00). 5. California Department of Industrial Relations tDIR)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 of scull, 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 Division of Labor Standards Enforcement of the Department of Industrial Relations. Orange County Sanitation District 2 of 10 Specification No. CS-2018-9718D Version 032018 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(e). 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+a ff_ctOCSD earn and "INVOICE" with the Purchase Order Number and Specification No.CS-2018-971 BD 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. 6. 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 9A 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 written notice to Consultant: Orange County Sanitation District 3 of 10 Specification No. CS-2018-9718D Version 032018 • 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. 12A 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 meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, 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 Personne! 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. Orange County Sanitation District 4 of 10 Specification No. CS-2018-9718D Version 032018 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. 16A 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. 13.2 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 information and data with respect thereto, the execution of all applications, specifications, Orange County Sanitation District 5 of 10 Specification No. CS-2018-9718D Version 032018 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. 18.4 The originals of all computations, drawings, designs, graphics, studies, reports, manuals, photographs, videotapes, data, computer files, and other documents prepared or caused to be prepared by Consultant or its subconsultants 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 and other taxes incurred as a result of fees hereunder. Consultant hereby indemnifies OCSD Orange County Sanitation District 6 of 10 Specification No. CS-2018-9718D Version 032018 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 tradelprofession. 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 it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to Orange County Sanitation District 7 of 10 Specification No. CS-2018-9718D Version 032018 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. Attornev'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 any judgment 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. Orange County Sanitation District 8 of 10 Specification No. CS-2018-9718D Version 032018 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. 36. 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 ' e 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. Orange County Sanitation District 9 of 10 Specification No. CS-2018-9718D Version 032018 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 Orange County Sanitation District 10 of 10 Specification No. CS-2018-971BD Version 032018 Attachment F TERMS & CONDITIONS FOR REQUEST FOR PROPOSAL For Federal Lobbyist ATTACHMENT F Specification No. CS-2018-971BD 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 bond shall be at le t ount bid/proposed. B. Other Bon Atr,,t he n ccessful bid p s D(1) ed by OCSD in the NIB/RFP and/or any x tween 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 Federal 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-2018-971BD 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-2018-971BD Attachment H REFERENCE SHEET For Federal Lobbyist "All Proposers must upload the Reference Sheet at the time of Proposal submission. ATTACHMENT H Specification No. CS-2018-971BD 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-2018-971BD