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HomeMy WebLinkAboutAgenda Packet - Legislative & Public Outreach Committee - 02/08/2024LEGISLATIVE & PUBLIC OUTREACH COMMITTEE FEBRUARY 8, 2024 East Valley Water District was formed in 1954 and provides water and wastewater services to 103,000 residents within the cities of San Bernardino and Highland, and portions of San Bernardino County. EVWD operates under the direction of a 5­member elected Board. COMMITTEE MEMBERS James Morales Jr. Governing Board Member Ronald L. Coats Governing Board Member Legislative & Public Outreach Committee Meeting February 08, 2024 ­ 1:00 PM 31111 Greenspot Road, Highland, CA 92346 www.eastvalley.org PLEASE NOTE: Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the District’s office located at 31111 Greenspot Rd., Highland, during normal business hours. Also, such documents are available on the District’s website at eastvalley.org and are subject to staff’s ability to post the documents before the meeting. Pursuant to Government Code Section 54954.2(a), any request for a disability­related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above agendized public meeting should be directed to the District Clerk at (909) 885­4900 at least 72 hours prior to said meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. 1.October 12, 2023 Legislative & Public Outreach Committee Meeting Minutes INFORMATIONAL ITEMS 2.Outreach Update 3.Conservation Update DISCUSSION ITEMS 4.Review Draft Contract with Resolute for Legislative Advocacy Services 5.Set the day and time for holding recurring meetings REPORTS 6.Public Affairs/Conservation Activities ADJOURN LEGISLATIVE & PUBLIC OUTREACH COMMITTEEFEBRUARY 8, 2024East Valley Water District was formed in 1954 and provides water and wastewater services to103,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5­member elected Board.COMMITTEE MEMBERS James Morales Jr. Governing Board Member Ronald L. Coats Governing Board Member Legislative & Public Outreach Committee Meeting February 08, 2024 ­ 1:00 PM 31111 Greenspot Road, Highland, CA 92346 www.eastvalley.org PLEASE NOTE: Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the District’s office located at 31111 Greenspot Rd., Highland, during normal business hours. Also, such documents are available on the District’s website at eastvalley.org and are subject to staff’s ability to post the documents before the meeting. Pursuant to Government Code Section 54954.2(a), any request for a disability­related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above agendized public meeting should be directed to the District Clerk at (909) 885­4900 at least 72 hours prior to said meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. 1.October 12, 2023 Legislative & Public Outreach Committee Meeting Minutes INFORMATIONAL ITEMS 2.Outreach Update 3.Conservation Update DISCUSSION ITEMS 4.Review Draft Contract with Resolute for Legislative Advocacy Services 5.Set the day and time for holding recurring meetings REPORTS 6.Public Affairs/Conservation Activities ADJOURN LEGISLATIVE & PUBLIC OUTREACH COMMITTEEFEBRUARY 8, 2024East Valley Water District was formed in 1954 and provides water and wastewater services to103,000 residents within the cities of San Bernardino and Highland, and portions of SanBernardino County.EVWD operates under the direction of a 5­member elected Board.COMMITTEE MEMBERSJames Morales Jr.Governing Board Member Ronald L. CoatsGoverning Board MemberLegislative & Public Outreach Committee MeetingFebruary 08, 2024 ­ 1:00 PM31111 Greenspot Road, Highland, CA 92346www.eastvalley.orgPLEASE NOTE:Materials related to an item on this agenda submitted to the Board after distribution of theagenda packet are available for public inspection in the District’s office located at 31111Greenspot Rd., Highland, during normal business hours. Also, such documents are availableon the District’s website at eastvalley.org and are subject to staff’s ability to post thedocuments before the meeting. Pursuant to Government Code Section 54954.2(a), any request for a disability­related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above agendized public meeting should be directed to the District Clerk at (909) 885­4900 at least 72 hours prior to said meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. 1.October 12, 2023 Legislative & Public Outreach Committee Meeting Minutes INFORMATIONAL ITEMS 2.Outreach Update 3.Conservation Update DISCUSSION ITEMS 4.Review Draft Contract with Resolute for Legislative Advocacy Services 5.Set the day and time for holding recurring meetings REPORTS 6.Public Affairs/Conservation Activities ADJOURN Agenda Item #1 February 8, 20241 Meeting Date: February 8, 2024 Agenda Item #1 Consent Item Regular Meeting TO: Committee Members FROM: Public Affairs/Conservation Manager SUBJECT: October 12, 2023 Legislative & Public Outreach Committee Meeting Minutes RECOMMENDATION That the Legislative & Public Outreach Committee approve the October 12, 2023 meeting minutes. AGENCY GOALS AND OBJECTIVES III - Deliver Public Service With Purpose While Embracing Continuous Growth B. Strive to Provide World Class Customer Relations FISCAL IMPACT There is no fiscal impact associated with this agenda item. Respectfully submitted: ________________ William Ringland Public Affairs/Conservation Manager ATTACHMENTS October 12, 2023 Committee Meeting Minutes 10-12-2023 cmc 1 4 3 6 Subject to Approval EAST VALLEY WATER DISTRICT OCTOBER 12, 2023 LEGISLATIVE & PUBLIC OUTREACH COMMITTEE MINUTES William Ringland, Public Affairs/Conservation Manager, called the meeting to order at 1:01 pm and Director Morales led the flag salute. PRESENT: Directors: Goodrich, Morales. Jr. ABSENT: None STAFF: Michael Moore, General Manager/CEO; William Ringland, Public Affairs/Conservation Manager; Cecilia Contreras, Public Affairs Coordinator; Janett Robledo, Conservation Coordinator GUEST(s): Members of the public PUBLIC COMMENTS The Public Affairs Coordinator declared the public participation section of the meeting open at 1:02 pm. There being no written or verbal comments, the public participation section was closed. APPROVAL OF THE JUNE 8, 2023 COMMITTEE MEETING MINUTES M/S/C (Goodrich-Morales) that the June 8, 2023 Committee meeting minutes be approved as submitted. CONSERVATION UPDATE MAKING CONSERVATION A CALIFORNIA WAY OF LIFE The Conservation Coordinator provided an update on two bills that were signed by the Governor to enhance conservation; that they are AB1668 and SB 606 which establish the framework of Making Conservation a California Way of Life; that these create unique goals for urban water retailers including efficiency standards for different types of water uses, unique water targets, and include bonus incentives. She stated that the regulations associated with these bills will be adopted over the upcoming year. Information only. OUTREACH UPDATE The Public Affairs/Conservation Manager provided an update on the District’s outreach program including the recent customer survey that reached out to 400 of the District's 10-12-2023 cmc 1 4 3 6 customers, hosted a Community Facilities Tour, participated in the Inland Solar Challenge event, assisted with the development of the 2023-24 District’s Operating Budget; that the Public Affairs team continues reaching out to the community through ongoing social media campaigns, community pop up events, the District’s digital engagement, and that informational signage that has been installed at the Sterling Natural Resource Center Administration Center. Information only. LEAK REPAIR REBATE PILOT PROGRAM The Conservation Coordinator informed the committee of a new pilot program that is an expansion of the current Leak Adjustment Request to incentive customers to promptly take care of leak repairs; that this program will be launched during Fix-a-Leak week in March 2024; and that customers who qualify can apply for up to $275 for reimbursement for repairs made to leaks on their property. She stated that funds are limited and that this program will be promoted through social media, website, bill inserts, and community events. Information only. CONSERVATION AND PUBLIC AFFAIRS DESIGN SERVICES CONTRACT The Public Affairs/Conservation Manager shared that content creation plays an important role in sharing District information and keeping the customers informed; that recently, staff went through an extensive process of soliciting and choosing two creative design services consultants to continue the path forward for effective communication; and that two consultants were chosen to continue to assist staff with design services for items such as mailers, social media campaigns, and website banners. Director Goodrich and Morales recommended that the contracts for SG Creative and We the Creative be presented to the Board of Directors for approval. PUBLIC AFFAIRS/CONSERVATION ACTIVITIES The Public Affairs/Conservation Manager stated that staff continues to monitor legislation that could affect the District including but not limited to AB 676 and AB 1594; and that staff continues to work closely with the District’s Lobbyist and will be providing and update to the Board in early 2024. Information only. ADJOURN The meeting was adjourned at 2:28pm. 10-12-2023 cmc 1 4 3 6 ______________________________ ______________________________ Phillip R. Goodrich James Morales, Jr. Director Director Legislative and Public Outreach Committee OUTREACH UPDATE February 8, 2024 2 STERLING NATURAL RESOURCE CENTER (SNRC) - STARTUP •‘First Drop’ Recognition •Sunday, January 14, 2024 •Outreach tactics •Social media and LinkedIn •Press release •Coalition notification •Presentations and awards submissions 3 •Completion anticipated in early February •Removal of street construction signs •“Thank you for your patience” postcard to be mailed to nearby residents GREENSPOT ROAD CONSTRUCTION Draft postcard 4 SNRC RIBBON CUTTING EVENT •Scheduled for Friday, May 3, 2024 from 10:00am to 1:00pm •Treatment facility tours •Animated wastewater treatment video •Indian Springs High School partnership for student artwork wall •Event details webpage at eastvalley.org/valveturn 5 •District helped keep participants hydrated •Held booth at the end of the run and engaged with community members •Passed out District information and promoted the upcoming conservation workshop HIGHLAND Y RUN 6 COMMUNITY ENGAGEMENT •February bill insert •Published February 1 •English and Spanish •Water educational piece to showcase the three sources of District water •Messaging will be incorporated as key message on social media throughout distribution 7 DIGITAL ENGAGEMENT •Facebook page reach increased by 27% since November 2023 •33,453 page views •Instagram likes increased 24% in 2023 from 2022 •2023 average email open rate was 46%, compared to the industry average of 43% 8 BOTTLED WATER LABEL ART CONTEST •Contest packet distribution •Distributed to schools, grades 1st-6th, in the service area •Available for pick up at District offices •Bottled Water Label Art Contest •Submission closed on January 31 •Submissions will be reviewed with three winners selected 9 BOTTLED WATER LABEL ART CONTEST COUNTER SIGN 10 WEBSITE REDESIGN PROGRESS Issue/ Award Redesign RFP Assess Content Management System Collect Feedback Develop Digital Infrastructure Design Website Wireframes Alpha and Beta Testing Launch Website We are in this step 11 FATS, OILS, AND GREASE (FOG) PROGRAM •Program transitioning from the City of San Bernardino to the District •Informational material •Introductory letter •Packet folder with magnet •Informational posters in English and Spanish •Additional materials •Website page with portal link •Violation letters FOG Informational Packet 12 FATS, OILS, AND GREASE (FOG) PROGRAM FOG Informational Posters (English and Spanish) Interceptor Worksheet Packet Magnet Contractor Business Cards •Conservation Workshop •February 10, 2024 •Promoted on social media, in-person events, in-office signage, and site banner •School Career Days •Fix a Leak Week •March 18-24, 2024 •Citrus Harvest Festival •March 30, 2024 from 10:00am –3:00pm 13 UPCOMING COMMUNTY EVENTS 14 UPCOMING PROJECTS •Potential Public Hearing Notice for Rate Adjustment (218 Notice) •Annual Fiscal Year Budget •Consumer Confidence Report (CCR) DISCUSSION Legislative and Public Outreach Committee CONSERVATION UPDATE February 8, 2024 STATEWIDE WATER MONITORING •2024 is starting with above average reservoirs across the state •No drought conditions statewide •District in Stage 1 of the Water Shortage Contingency Plan 2 3 •Despite wet year in 2023, proposed regulation by the State Water Resources Control Board progressed •All urban retail suppliers were required to submit an annual report to the Department of Water Resources by January 1, 2024 •District staff submitted first report in compliance SB 606/AB 1668 •Rulemaking process will continue this year with the potential of it becoming effective January 1, 2025 •Legislative Analyst’s Office published a report on the Urban Water Use Efficiency Requirements •Staff will monitor and engage throughout the process MAKING CONSERVATION A CALIFORNIA WAY OF LIFE 4 REBATE PROGRAM Program Quantity Total High Efficiency Showerhead 11 $ 329.95 High Efficiency Toilet 35 $ 3,476.10 High Efficiency Washing Machine 14 $ 1,950.00 Indoor Programs Outdoor Programs Program Quantity Total High Efficiency Sprinkler Nozzles 1 $ 132.00 Water Efficient Landscape 15 $ 2,806.13 Weather Based Irrigation Controller 8 $970.97 5 DIRECT INSTALLATION PROGRAM •Irrigation Retrofit Program •Irrigation system evaluation •Instillation of WBIC device •High efficiency spray nozzle retrofit •Minor irrigation repairs •Rachio Pro provides access to irrigation scheduling through an app 6 CONSERVATION OUTREACH •Conservation Workshop Series •Community Fall Festival •Classroom presentations •Arroyo Verde Elementary •Thompson Elementary •Cypress Elementary DISCUSSION Agenda Item #4 February 8, 20241 Meeting Date: February 8, 2024 Agenda Item #4 Discussion Item Regular Meeting TO: Committee Members FROM: Public Affairs/Conservation Manager SUBJECT: Review Draft Contract with Resolute for Legislative Advocacy Services RECOMMENDATION That the Legislative & Public Outreach Committee recommend that the Board of Directors authorize the General Manager/CEO to enter into an agreement with Resolute for Legislative Advocacy Services. BACKGROUND / ANALYSIS East Valley Water District (District) has implemented a legislative platform aimed at actively advocating for and enhancing the District's services within the community. As a component of this platform, the District has engaged in legislative advocacy to enhance engagement, bolster relationships, and effectively articulate positions in Sacramento. The staff initiated a Request for Proposals (RFP) on November 1, 2023, inviting qualified firms to submit proposals for the required services. The RFP was published on the District’s website and distributed through various District coalition partners. A single proposal was received from Resolute, which underwent evaluation by the staff. The proposal was found to be reasonable and responsive to the RFP. It is recommended to the Board of Directors for consideration based on the following criteria: •Experience: The Resolute team has over 20 years of expertise in legislative advocacy, showcasing a profound understanding of the intricacies of Sacramento's operations. They have effectively delivered comparable services to various water agencies, demonstrating a proven track record of successful advocacy. •Understanding of Requirements: Resolute exhibited a thorough comprehension of the specified requirements outlined in the RFP, along with a clear understanding of the District's legislative platform. They also demonstrated awareness of the services essential for successful advocacy from the selected partner. •Water Industry Knowledge: The Resolute team exhibits a deep understanding of the water industry, encompassing its issues and the regulatory environment. The staff actively participates in water coalition meetings with both ACWA and CMUA. Agenda Item #4 February 8, 20242 Meeting Date: February 8, 2024 Agenda Item #5 Discussion Item The proposed contract for legislative advocacy services includes a monthly retainer of $10,000 for an initial one-year term, with four optional one-year extensions. The monthly retainer will be subject to an increase on January 31 of each contract year, consistent with inflation as determined by the consumer price index (CPI-U) for the preceding calendar year as determined by the Bureau of Labor Statistics. AGENCY GOALS AND OBJECTIVES I - Implement Effective Solutions Through Visionary Leadership C. Strengthen Regional, State and National Partnerships II - Maintain a Commitment To Sustainability, Transparency, and Accountability B. Utilize Effective Communication Methods FISCAL IMPACT This item is funded in the current fiscal year budget. Respectfully submitted: ________________ William Ringland Public Affairs/Conservation Manager ATTACHMENTS Draft Contract Proposal Draft Agreement 2024.03 AGREEMENT NO 2024.03 EAST VALLEY WATER DISTRICT FOR FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this 14 day of February 2024, by and between the EAST VALLEY WATER DISTRICT, a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. (hereinafter referred to as the “DISTRICT”), and Resolute, a legislative advocate (hereinafter referred to as “CONSULTANT”). RECITALS WHEREAS, the DISTRICT desires to contract with CONSULTANT to provide design professional services for Legislative Advocacy Services (hereinafter referred to as “Project”); and WHEREAS, CONSULTANT is willing to contract with the DISTRICT to provide such services; and WHEREAS, CONSULTANT holds itself as duly licensed, qualified, and capable of performing said services; and WHEREAS, this Agreement establishes the terms and conditions for the DISTRICT to retain CONSULTANT to provide the services described herein for the Project. COVENANTS NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth herein, the parties hereto agree as follows: ARTICLE I ENGAGEMENT OF CONSULTANT AND AUTHORIZATION TO PROCEED 1.1 ENGAGEMENT: The DISTRICT hereby engages CONSULTANT, and CONSULTANT hereby accepts the engagement, to perform certain design professional services described in Section 2.1 of this Agreement for the term set forth in Section 6.7 of this Agreement. 1.2 AUTHORIZATION TO PROCEED: Authorization for CONSULTANT to proceed with all or a portion of the work described in Section 2.1 of this Agreement will be granted in writing by the DISTRICT as soon as both parties sign the Agreement and all applicable insurance and other security documents required pursuant to Section 6.3 of this Agreement are received and approved by the DISTRICT. CONSULTANT shall not proceed with said work until so authorized by the DISTRICT, and shall commence work immediately upon receipt of the Notice to Proceed. 1.3 NO EMPLOYEE RELATIONSHIP: CONSULTANT shall perform the services provided for herein as an independent contractor, and not as an employee of the DISTRICT. The DISTRICT shall have ultimate control over the work performed for the Project. CONSULTANT is not to be considered an agent or employee of the DISTRICT for any purpose, and shall not be entitled to participate in any pension plans, insurance coverage, bonus, stock, or similar benefits that the DISTRICT provides for its employees. CONSULTANT shall indemnify the DISTRICT for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment which the DISTRICT may be required to make on behalf of CONSULTANT or any employee of CONSULTANT for work performed under this Agreement. ARTICLE II SERVICES OF CONSULTANT 2.1 SCOPE OF SERVICES: The scope of design professional services to be performed by the CONSULTANT under this Agreement are described in the Scope of Work attached hereto as Exhibit “A” and incorporated herein by this reference (“Scope of Work”), and shall, where not specifically addressed, include all related services ordinarily provided by the CONSULTANT under same or similar circumstances and/or otherwise necessary to satisfy the requirements of Section 3.3 of this Agreement. In case of conflict between the terms of this Agreement and the provisions of the Scope of Work, this Agreement shall govern. 2.2 DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE: This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work, as defined by the California Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the California Labor Code. 2.3 PREVAILING WAGES: In accordance with the provisions of the California Labor Code, CONSULTANT shall secure the payment of compensation to employees. To the extent required by the California Labor Code, CONSULTANT shall pay not less than the prevailing rate of per diem wages as determined by the Director, Department of Industrial Relations, and State of California. Copies of such prevailing rate of per diem wages are on file at the DISTRICT’s office, which copies will be made available to any interested party upon request. CONSULTANT shall post a copy of such determination at each job site. If applicable, CONSULTANT shall forfeit to the DISTRICT the amount of the penalty set forth in Labor Code Section 1777.7(b), or any subsequent amendments thereto, for each calendar day, or portion thereof, for each worker paid less than the specified prevailing rates for such work or craft in which such worker is employed, whether paid by CONSULTANT or by any subcontractor. 2.4 HOURS AND WORKING CONDITIONS: The DISTRICT is a public entity in the State of California and is subject to the provisions of the Government Code and the Labor Code of the State. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this Agreement to the same extent as though set forth herein and will be complied with by CONSULTANT. CONSULTANT shall comply with all applicable provisions of the California Labor Code relating to working hours and the employment of apprentices on public works projects. CONSULTANT shall, as a penalty to the DISTRICT, forfeit $25.00 for each worker employed in the execution of this Agreement by CONSULTANT or by any subcontractor, for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker received compensation for all hours worked in excess of 8 hours at not less than 1½ times the basic rate of pay. ARTICLE III RESPONSIBILITIES OF THE DISTRICT AND OF CONSULTANT 3.1 DUTIES OF THE DISTRICT: The DISTRICT, without cost to CONSULTANT, will provide all pertinent information necessary for CONSULTANT’s performance of its obligations under this Agreement that is reasonably available to the DISTRICT unless otherwise specified in the Scope of Work, in which case the CONSULTANT is to acquire such information. The DISTRICT does not guarantee or ensure the accuracy of any reports, information, and/or data so provided. To the extent that any reports, information, and/or other data so provided was supplied to the DISTRICT by persons who are not employees of the DISTRICT, any liability resulting from inaccuracies and/or omissions contained in said information shall be limited to liability on behalf of the party who prepared the information for the DISTRICT. 3.2 REPRESENTATIVE OF DISTRICT: The DISTRICT will designate William Ringland as the person to act as the DISTRICT’s representative with respect to the work to be performed under this Agreement. Such person will have complete authority to transmit instructions, receive information, and interpret and define the DISTRICT’s policies and decisions pertinent to the work. In the event the DISTRICT wishes to make a change in the DISTRICT’s representative, the DISTRICT shall notify the CONSULTANT of the change in writing. 3.3 DUTIES OF CONSULTANT: CONSULTANT shall perform the Project work in such a manner as to fully comply with all applicable professional standards of care, including professional quality, technical accuracy, timely completion, and other services furnished and/or work undertaken by CONSULTANT pursuant to this Agreement. The CONSULTANT shall cause all work and deliverables to conform to all applicable federal, state, and local laws and regulations. 3.4 APPROVAL OF WORK: The DISTRICT’s approval of work or materials furnished hereunder shall not in any way relieve CONSULTANT of responsibility for the technical adequacy of its work. Neither the DISTRICT’s review, approval or acceptance of nor payment for any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. Where approval by the DISTRICT is indicated in this Agreement, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the CONSULTANT or its subcontractors. CONSULTANT’s obligation to defend, indemnify, and hold harmless the DISTRICT, and its directors, officers, employees and agents as set forth in Section 6.9 of this Agreement also applies to the actions or omissions of the CONSULTANT or its subcontractors as set forth above in this paragraph. ARTICLE IV PAYMENTS TO CONSULTANT 4.1 PAYMENT: The DISTRICT will pay CONSULTANT for work performed under this Agreement, which work can be verified by the DISTRICT, on the basis of the following: CONSULTANT shall exercise its good faith best efforts to facilitate a full and clear definition of the scope of all assigned work so that the amount set forth in Section 4.3 of this Agreement will cover all tasks necessary to complete the work. The amount set forth in Section 4.3 of this Agreement is the maximum compensation to which CONSULTANT may be entitled for the performance of services to complete the work for the Project, unless the Scope of Work or time to complete the work is changed by the DISTRICT in writing in advance of the work to be performed thereunder. Adjustments in the total payment amount shall only be allowed pursuant to Section 6.4 of this Agreement. In no event shall CONSULTANT be entitled to compensation greater than the amount set forth in Section 4.3 of this Agreement where changes in the Scope of Work or the time for performance are necessitated by the negligence of CONSULTANT or any subcontractor performing work on the Project. 4.2 PAYMENT TO CONSULTANT: Payment will be made by the DISTRICT within thirty (30) calendar days after receipt of an invoice from CONSULTANT, provided that all invoices are complete and product and services are determined to be of sufficient quality by the DISTRICT. CONSULTANT shall invoice DISTRICT monthly for services performed under this Agreement. In the event that a payment dispute arises between the parties, CONSULTANT shall provide to the DISTRICT full and complete access to CONSULTANT’s labor cost records and other direct cost data, and copies thereof if requested by the DISTRICT. 4.3 ESTIMATED CHARGES: The charges for work under this Agreement are $10,000 per month for year one, with four one year options to renew the annual contract terms as allowable by the DISTRICT’s Purchasing Policy. The monthly retainer shall be increased on January 31 of each contract year, consistent with inflation as reflected by the consumer price index (CPI-U) for the prior calendar year. No monthly retainer step increases above the CPI-U will be allowed within the contract without prior approval by the Board of Directors. 4.4 COST FOR REWORK: CONSULTANT shall, at no cost to the DISTRICT, prepare any necessary rework occasioned by CONSULTANT’s negligent act or omission or otherwise due substantially to CONSULTANT’s fault. ARTICLE V COMPLETION SCHEDULE 5.1 TASK SCHEDULE: The work is anticipated to be completed in accordance with the schedule contained in the Scope of Work. 5.2 TIME OF ESSENCE: CONSULTANT shall perform all services required by this Agreement in a prompt, timely, and professional manner in accordance with the above schedule. Time is of the essence in this Agreement. 5.3 TIMELINE: This Agreement shall commence on the Effective Date and continue for an initial period of one (1) year ("Term"), unless terminated earlier as set forth in Section 6.6 below. The Term shall automatically renew for four (4) successive annual periods on each anniversary of the Effective Date, for a total Term of five (5) years, unless the District gives written notice of nonrenewal prior to expiration of the Term or terminates the Agreement pursuant to Section 6.6. Each initial and successive annual period is referred to as "Term Year." ARTICLE VI GENERAL PROVISIONS 6.1 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: CONSULTANT shall at all times observe all applicable provisions of Federal, State, and Local laws and regulations including, but not limited to, those related to Equal Opportunity Employment. 6.2 SUBCONTRACTORS AND OUTSIDE CONSULTANTS: No subcontract shall be awarded by CONSULTANT if not identified as a subcontractor in its Proposal unless prior written approval is obtained from the DISTRICT. CONSULTANT shall be responsible for payment to subcontractors used by them to perform the services under this Agreement. If CONSULTANT subcontracts any of the work to be performed, CONSULTANT shall be as fully responsible to the DISTRICT for the performance of the work, including errors and omissions of CONSULTANT’s subcontractors and of the persons employed by the subcontractor, as CONSULTANT is for the acts and omissions of persons directly employed by the CONSULTANT. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor of CONSULTANT and the DISTRICT. CONSULTANT shall bind every subcontractor and every subcontractor of a subcontractor to the terms of this Agreement that are applicable to CONSULTANT’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the DISTRICT. 6.3 INSURANCE: CONSULTANT shall secure and maintain in full force and effect, until the satisfactory completion and acceptance of the Project by DISTRICT, such insurance as will protect it and the DISTRICT in such a manner and in such amounts as set forth below. The premiums for said insurance coverage shall be paid by the CONSULTANT. The failure to comply with these insurance requirements may constitute a material breach of this Agreement, at the sole discretion of the DISTRICT. (a) Certificates of Insurance: Prior to commencing services under this Agreement, and in any event no later than ten (10) calendar days after execution of this Agreement, CONSULTANT shall furnish DISTRICT with Certificates of Insurance and endorsements verifying the insurance coverage required by this Agreement is in full force and effect. The DISTRICT reserves the right to require complete and accurate copies of all insurance policies required under this Agreement. (b) Required Provisions: The insurance policies required by this Agreement shall include the following provisions or have them incorporated by endorsement(s): (1) Primary Coverage: The insurance policies provided by CONSULTANT shall be primary insurance and any self-insured retention and/or insurance carried by or available to the DISTRICT or its employees shall be excess and non-contributory coverage so that any self- insured retention and/or insurance carried by or available to the DISTRICT shall not contribute to any loss or expense under CONSULTANT’s insurance. (2) Additional Insured: The policies of insurance provided by CONSULTANT, except Workers' Compensation and Professional Liability, shall include as additional insureds: the DISTRICT, its directors, officers, employees, and agents when acting in their capacity as such in conjunction with the performance of this Agreement. Such policies shall contain a "severability of interests" provision, also known as "Cross liability" or "separation of insured". (3) Cancellation: Each certificate of insurance and insurance policy shall provide that the policy may not be non-renewed, canceled (for reasons other than non-payment of premium) or materially changed without first giving thirty (30) days advance written notice to the DISTRICT, or ten (10) days advance written notice in the event of cancellation due to non-payment of premium. (4) Waiver of Subrogation: The insurance policies provided by CONSULTANT shall contain a waiver of subrogation against DISTRICT, its directors, officers, employees and agents for any claims arising out of the services performed under this Agreement by CONSULTANT. (5) Claim Reporting: CONSULTANT shall not fail to comply with the claim reporting provisions or cause any breach of a policy condition or warranty of the insurance policies required by this Agreement that would affect the coverage afforded under the policies to the DISTRICT. (6) Deductible/Retention: If the insurance policies provided by CONSULTANT contain deductibles or self-insured retentions, any such deductible or self-insured retention shall not be applicable with respect to the coverage provided to DISTRICT under such policies. CONSULTANT shall be solely responsible for any such deductible or self-insured retention and the DISTRICT, in its sole discretion, may require CONSULTANT to secure the payment of any such deductible or self-insured retention by a surety bond or an irrevocable and unconditional letter of credit. (7) Consultant’s Subcontractors: CONSULTANT shall include all subcontractors as additional insureds under the insurance policies required by this Agreement to the same extent as the DISTRICT or shall furnish separate certificates of insurance and policy endorsements for each subcontractor verifying that the insurance for each subcontractor complies with the same insurance requirements applicable to CONSULTANT under this Agreement. (c) Insurance Company Requirements: CONSULTANT shall provide insurance coverage through insurers that have at least an "A" Financial Strength Rating and a "VII" Financial Size Category in accordance with the current ratings by the A. M. Best Company, Inc. as published in Best’s Key Rating Guide or on said company’s web site. In addition, any and all insurers must be admitted and authorized to conduct business in the State of California and be a participant in the California Insurance Guaranty Association, as evidenced by a listing in the appropriate publication of the California Department of Insurance. (d) Policy Requirements: The insurance required under this Agreement shall meet or exceed the minimum requirements as set forth below: (1) Workers' Compensation: CONSULTANT shall maintain Workers' Compensation insurance as required by law in the State of California to cover CONSULTANT’s obligations as imposed by federal and state law having jurisdiction over CONSULTANT’s employees and Employers' Liability insurance, including disease coverage, of not less than $1,000,000. (2) General Liability: CONSULTANT shall maintain Comprehensive General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. The policy shall include, but not be limited to, coverage for bodily injury, property damage, personal injury, products, completed operations and blanket contractual to cover, but not be limited to, the liability assumed under the indemnification provisions of this Agreement. In the event the Comprehensive General Liability insurance policy is written on a "claims made" basis, coverage shall extend for two years after the satisfactory completion and acceptance of the Project by DISTRICT. (3) Automobile Liability: CONSULTANT shall maintain Commercial Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence for any owned, hired, or non-owned vehicles. (4) Professional Liability: CONSULTANT shall maintain Professional Liability insurance covering errors and omissions arising out of the services performed by the CONSULTANT or any person employed by him, with a limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. In the event the insurance policy is written on a "Claims made" basis, coverage shall extend for two years after the satisfactory completion and acceptance of the Project by DISTRICT. (5) Property Coverage – Valuable Papers: Property coverage on an all- risk, replacement cost form with Valuable Papers insurance sufficient to assure the restoration of any documents, memoranda, reports, plans or other similar data, whether in hard copy or electronic form, relating to the services provided by CONSULTANT under this Agreement. 6.4 CHANGES IN SCOPE OR TIME: If the DISTRICT requests a change in the Scope of Work or time of completion by either adding to or deleting from the original scope or time of completion, an equitable adjustment shall be made and this Agreement shall be modified in writing accordingly. CONSULTANT must assert any claim for adjustment under this clause in writing within thirty (30) calendar days from the date of receipt from CONSULTANT of the notification of change unless the DISTRICT grants a further period of time before the date of final payment under this Agreement. 6.5 NOTICES: All notices to either party by the other shall be made in writing and delivered or mailed to such party at their respective addresses as follows, or to other such address as either party may designate, and said notices shall be deemed to have been made when delivered or, if mailed, five (5) days after mailing. To DISTRICT: East Valley Water District 31111 Greenspot Road Highland, CA 92346 Attn: General Manager/CEO To CONSULTANT: RESOLUTE 1215 K St, Suite #1100 Sacramento, CA 95814 Attn: David Quintana 6.6 CONSULTANT’S ASSIGNED PERSONNEL: CONSULTANT designates David Quintana to have immediate responsibility for the performance of the work and for all matters relating to performance under this Agreement. Substitution of any assigned personnel shall require the prior written approval of the DISTRICT. If the DISTRICT determines that a proposed substitution is not acceptable, then, at the request of the DISTRICT, CONSULTANT shall substitute with a person acceptable to the DISTRICT. 6.7 TERMINATION: (a) If the engagement of CONSULTANT is not extended by the mutual written consent of the DISTRICT and CONSULTANT, then this Agreement shall expire on the latest date set forth in the schedule contained in the Scope of Work for completion of tasks for the Project. (b) Notwithstanding the above, the DISTRICT may terminate this Agreement or abandon any portion of the Project by giving ten (10) days written notice thereof to CONSULTANT. CONSULTANT may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days written notice only in the event of substantial failure by the DISTRICT to perform in accordance with the terms of this Agreement through no fault of the CONSULTANT. (c) In the event of termination of this Agreement or abandonment of any portion of the Project, the DISTRICT shall be immediately given title to all original drawings and other documents developed for the Project, and the sole right and remedy of CONSULTANT shall be to receive payment for all amounts due and not previously paid to CONSULTANT for services completed or in progress in accordance with the Agreement prior to such date of termination. If termination occurs prior to completion of any task for which payment has not been made, the fee for services performed during such task shall be based on an amount mutually agreed to by the DISTRICT and CONSULTANT. Such payments available to the CONSULTANT under this paragraph shall not include costs related to lost profit associated with the expected completion of the work or other such payments relating to the benefit of this Agreement. 6.8 ATTORNEYS’ FEES: In the event that either the DISTRICT or CONSULTANT brings an action or proceeding for damages for an alleged breach of any provision of this Agreement, to interpret this Agreement or determine the rights of and duties of either party in relation thereto, the prevailing party shall be entitled to recover as part of such action or proceeding all litigation, arbitration, mediation and collection expenses, including witness fees, court costs, and reasonable attorneys' fees. Such fees shall be determined by the Court in such litigation or in a separate action brought for that purpose. Mediation will be attempted if both parties mutually agree before, during, or after any such action or proceeding has begun. 6.9 INDEMNITY: (a) CONSULTANT shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, excepting only such matters arising from the sole negligence or willful misconduct of the DISTRICT. (b) CONSULTANT shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, with respect to or arising out of any infringement or alleged infringement of any patent, copyright or trademark and arising out of the use of any equipment or materials furnished under this Agreement by the CONSULTANT or CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, or out of the processes or actions employed by, or on behalf of, the CONSULTANT or CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, in connection with the performance of services under this Agreement. CONSULTANT shall have the right, in order to avoid such claims or actions, to substitute at its expense non-infringing equipment, materials or processes, or to modify at its expense such infringing equipment, materials, and processes so they become non-infringing, provided that such substituted and modified equipment, materials, and processes shall meet all the requirements and be subject to all the provisions of this Agreement. (c) CONSULTANT shall defend, indemnify and hold DISTRICT, including its directors, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, suits, debts, obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or losses of whatever nature, character, and description, with respect to or arising out of any breach by CONSULTANT or CONSULTANT’s subcontractors, including their respective directors, officers, employees, agents and assigns, of the aforesaid obligations and covenants, and any other provision or covenant of this Agreement. (d) It is the intent of the parties to this Agreement that the defense, indemnity, and hold harmless obligation of CONSULTANT under this Agreement shall be as broad and inclusive as may be allowed under California Civil Code § 2778 through 2784.5, or other similar state or federal law. 6.10 SAFETY: CONSULTANT shall perform the work in full compliance with applicable State and Federal safety requirements including, but not limited to, Occupational Safety and Health Administration requirements. (a) CONSULTANT shall take all precautions necessary for the safety of, and prevention of damage to, property on or adjacent to the Project site, and for the safety of, and prevention of injury to, persons, including DISTRICT’s employees, CONSULTANT’s employees, and third persons. All work shall be performed entirely at CONSULTANT’s risk. CONSULTANT shall comply with the insurance requirements set forth in Section 6.3 of this Agreement. (b) CONSULTANT shall also furnish the DISTRICT with a copy of any injury prevention program established for the CONSULTANT’s employees pursuant to Labor Code Section 6401.7, including any necessary documentation regarding implementation of the program. CONSULTANT hereby certifies that its employees have been trained in the program, and procedures are in place to train employees whenever new substances, processes, procedures, or equipment are introduced. CONSULTANT shall demonstrate compliance with Labor Code Section 6401.7 by maintaining a copy of its Injury and Illness Prevention Plan at the Project site and making it available to the DISTRICT. 6.11 EXAMINATION OF RECORDS: All original drawings, specifications, reports, calculations, and other documents or electronic data developed by CONSULTANT for the Project shall be furnished to and become the property of the DISTRICT. CONSULTANT agrees that the DISTRICT will have access to and the right to examine any directly pertinent books, documents, papers, and records of any and all of the transactions relating to this Agreement. 6.12 OWNERSHIP OF SOFTWARE: (a) Subject to payment of all compensation due under this Agreement and all other terms and conditions herein, CONSULTANT hereby grants DISTRICT a nonexclusive, transferable, royalty-free license to use the Software furnished to DISTRICT by CONSULTANT under this Agreement. The license granted herein shall authorize DISTRICT to: (1) Install the Software on computer systems owned, leased or otherwise controlled by DISTRICT; (2) Utilize the Software for its internal data-processing purposes; and (3) Copy the Software and distribute as desired to exercise the rights granted herein. (b) CONSULTANT retains its entire right, title and interest in the Software developed under this Agreement. DISTRICT acknowledges that CONSULTANT owns or holds a license to use and sublicense various pre- existing development tools, routines, subroutines and other programs, data and materials that CONSULTANT may include in the Software developed under this Agreement. This material shall be referred to hereafter as “Background Technology.” (c) DISTRICT agrees that CONSULTANT shall retain any and all rights CONSULTANT may have in the Background Technology. CONSULTANT grants DISTRICT an unrestricted, nonexclusive, perpetual, fully paid-up worldwide license to use the Background Technology in the Software developed and delivered to DISTRICT under this Agreement, and all updates and revisions thereto. However, DISTRICT shall make no other commercial use of the Background Technology without CONSULTANT’s written consent. 6.13 INTEGRATION AND AMENDMENT: This Agreement contains the entire understanding between the DISTRICT and CONSULTANT as to those matters contained herein. No other representations, covenants, undertakings or other prior or contemporaneous agreements, oral or written, respecting those matters, which are not specifically incorporated herein, may be deemed in any way to exist or to bind any of the parties hereto. Each party acknowledges that it has not executed this Agreement in reliance on any promise, representation or warranty not set forth herein. This Agreement may not be amended except by a writing signed by all parties hereto. 6.14 ASSIGNMENT: Neither party shall assign or transfer its interest in this Agreement without written consent of the other party. All terms, conditions, and provisions of this Agreement shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 6.15 GOVERNING LAW: This Agreement shall be construed as if it was jointly prepared by both parties hereto, and any uncertainty or ambiguity contained herein shall not be interpreted against the party drafting same. This Agreement shall be enforced and governed by the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state court situated in the County of San Bernardino, State of California, or in a federal court with in rem jurisdiction over the Project. 6.16 HEADINGS: Article and Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, and conditions of this Agreement. 6.17 PARTIAL INVALIDITY: If any term, covenant, condition, or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. 6.18 EFFECT OF DISTRICT’S WAIVER: Any failure by the DISTRICT to enforce any provision of this Agreement, or any waiver thereof by the DISTRICT, shall not constitute a waiver of its right to enforce subsequent violations of the same or any other terms or conditions herein. 6.19 AUTHORITY: The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to sign this Agreement on behalf of and to so bind their respective legal entities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. Scope of Work Exhibit A Proprietary & Confidential 26 S EC. 6 . 0 A W R I T T E N W O R K P L A N In response to this section’s requirements, please find the overall proposed work plan below for the predictable and foreseeable tasks required to properly serve EVWD. We note that responses to the “general requirements” included in the EVWD RFP are embedded in this section (monitoring, bill tracking, bill list maintenance, legislative platform, legislative communication, coordination of legislative/regulatory efforts, special project facilitation, ongoing presence and transparency). This work plan overview (6.1) - organized by anticipated daily, weekly, monthly, annual and semi- annual and other/ongoing tasks - is followed by direct responses to each point required for this section (6.2). 6.1 WORK PLAN OVERVIEW: Daily: • Keep abreast of newly introduced or amended legislation - as well as Capitol and key organizations’/associations’ dynamics - in order to anticipate and engage in Legislative and/or Administration issues of interest or concern to EVWD. • Review relevant Capitol and water policy issues news and forward items of potential interest to EVWD. • Convey key or urgent information to EVWD staff as necessary and respond to EVWD inquiries/direction as necessary. Weekly: • During the legislative session, attend the majority of weekly ACWA Monday morning lobby group meetings and report any items of concern to EVWD. • During legislative session, monitor issues that come before the relevant legislative committees (water, local government, etc.) and attend and represent EVWD’s positions when necessary and appropriate. • As desired, set weekly or bi-weekly focused update calls with appropriate EVWD staff. Regular topics to be addressed in these meetings would likely include status review of bills of interest, discussion of Administration activities of interest and status of funding opportunities. • Provide updated bill tracking list, reflecting district and key association positions, etc. Proprietary & Confidential 27 Monthly: • If desired on a monthly basis or other schedule, would provide verbal (phone or Zoom) and/or written updates or reports to EVWD’s Legislative & Public Outreach Committee. • Review ACWA and CMUA legislative committee materials, coordinate with EVWD as necessary prior to meetings in light of committee materials, attend ACWA and CMUA committee meetings to the greatest extent possible (understanding these are roughly every three weeks during legislative session). • Potentially participate in other organizations’ meetings as necessary to advance EVWD’s interests. Annually/Semi-Annually: • Engage in strategic planning with District leadership and staff as desired and appropriate - including discussion of legislative priorities/legislative platform. • Provide an in-person update to the board or appropriate committee. • Work with EVWD to schedule board member visits with area legislators in the Capitol as desired/appropriate. Other/Ongoing as Necessary and Appropriate: • Regularly update EVWD’s legislative delegation and/or key Administration officials on significant district updates, issues, concerns and positions with respect to Sacramento issues and/or issues about which they may receive questions from their constituents on the local level. • Provide ongoing implementation of other tasks as included in the RFP scope of work and/or as directed by EVWD - including drafting correspondence, coordinating meetings, special project facilitation, etc. • Assist EVWD in engaging in regulatory matters of concern, including via key associations. 6.2 SPECIFIC RESPONSES TO ELEMENTS OF WORK PLAN REQUIREMENTS AS OUTLINED IN RFP: a. Approach to Scope of Work - We believe the information provided in 6.1 above outlines the methodologies, techniques and procedures anticipated to successfully execute on the scope of work. We acknowledge our proposed procedures may require adjustment pending consultation with the EVWD internal team. b. Structure of Working Relationship with EVWD c. Lobbying Team: With respect to the working relationship with EVWD, all lobbying team members would continuously be available to EVWD staff - including on an urgent basis if needed. For more regular, predictable interaction, the EVWD lobbying team members will Proprietary & Confidential 28 ensure that all of the activities described in Section 6.1 above are capably performed, keeping in mind the skill sets of each member of the lobbying team. While lobbying team members may be interchangeable on some tasks, depending on timing, relationships or other factors, below please find a general description of responsibilities anticipated for each lobbying team member: Pilar Oñate-Quintana: • For purposes of executing the actions outlined in Section 6.1, general oversight and management of team efforts. • Primary on monitoring and engaging with ACWA and CMUA. • Primary on coordinating with EVWD staff. • Lobbying. • Strategy. Alfredo Arredondo: • Ongoing and substantive assistance with all of the above general oversight and management responsibilities as described for Pilar, including filling in on responsibilities as needed. • Lobbying • Strategy David Quintana: • Lobbying and relationship building • Strategy Administrative Resources: With respect to the working relationship with EVWD, we note that both Tammy Hodgkin and Sidney Hoff would also have direct contact with EVWD as appropriate and necessary to serve EVWD (including proofing, formatting of correspondence, scheduling and other tasks). c. Time Frames for Response - Please note Section 6.1 describes the anticipated time frames for various activities necessary to represent EVWD. Our team is also available to respond urgently to time sensitive needs and can be reached outside of normal business hours if necessary. d. Regular Meetings/Updates - Overall anticipated scheduling information is included in Section 6.1, but specific to this section, we anticipate a weekly call with District staff to share important updates on legislative developments and team activities and to obtain direction from EVWD. These calls are also useful to gain updates from EVWD staff on district activities and status that may be useful as background information for our efforts. Should developments Proprietary & Confidential 29 warrant, we are also available for discussions with staff on an as needed basis, in addition to regularly scheduled calls. e. Detailed Description of Efforts to Achieve Client Satisfaction - We submit that the schedule of anticipated tasks reflected in Section 6.1 should provide a description of the tasks and details we anticipate are needed to serve EVWD in a thorough and professional manner. CONSULTANT DISTRICT By: _____________________________ By:_________________________ David Quintana Michael Moore Founding Partner General Manager/ CEO Resolute East Valley Water District 1 REQUEST FOR PROPOSAL LEGISLATIVE ADVOCACY SERVICES – RESPONSE EAST VALLEY WATER DISTRICT RESOLUTE / The Oñate Group 1215 K St, Suite #1100 Sacramento, CA 95814 David Quintana Pilar Oñate Quintana Founding Partner Founder RESOLUTE The Oñate Group Phone: 916.217.2616 Phone: 916.230.4470 Email: Q@resolutecompany.com Email: pilar@theonategroup.com DECEMBER 12, 2023 Proprietary & Confidential 2 TABLE OF CONTENTS 1.0 TRANSMITTAL LETTER ......................................................................................................3 2.0 ORGANIZATIONS PROFESSIONAL QUALITFICATIONS ....................................... 4 3.0 NUMBER OF EMPLOYEES ................................................................................................ 16 4.0 RESUMES ................................................................................................................................ 17 5.0 TENTATIVE SCHEDULE FOR IMPLEMENTATION ................................................ 25 6.0 WRITTEN WORK PLAN .................................................................................................. 26 7.0 COST ESTIMATE ................................................................................................................. 30 8.0 DISCUSSION POINTS FOR EXCEPTIONS TO PROFESSIONAL SERVICES AGREEMENT .................................................................................................................................. 31 Proprietary & Confidential 3 S EC. 1 . 0 T R A N S M I T T A L L E T T E R December 12, 2023 William Ringland Public Affairs Department East Valley Water District 25318 5th Street Highland, CA 92410 Dear Mr. Ringland, This letter and proposal packet are provided in response to East Valley Water District’s recently posted “Notice Requesting Proposals Professional Legislative Advocacy Services.’ We are honored to have the opportunity to continue to offer the unique partnership of Resolute and The Oñate Group to provide lobbying services to EVWD. Pilar Oñate-Quintana and I have deeply valued the relationship we have forged with EVWD since we originally began our work with the district in late 2014. We truly believe that EVWD and its leaders exemplify the best in sincere public service and organizational excellence. Now, with new staff at the helm of key positions within the past year, we are eager to continue to support the refreshed vision and priorities of EVWD leadership and staff in 2024 and beyond. In addition to the longstanding EVWD lobbying team, we have been pleased to add Alfredo Arredondo to the EVWD lobbying team in 2023 as he has brought a new dimension and additional expertise to our efforts on EVWD’s behalf. As the enclosed proposal further details, the proposed team’s experience includes: ❖ David Quintana, founding partner of RESOLUTE - David possesses decades of experience in public policy and political strategy regarding a wide range of issues including finance, gaming, education, water and social media. David will use his deep connections with policymakers to provide effective advocacy on behalf of EVWD. ❖ Alfredo Arredondo, partner of RESOLUTE – Alfredo has provided tailored lobbying and consulting services for a wide range of environmental organizations, land trusts, and open space districts and authorities and has been at the center of some of the largest policy and funding fights in the natura l resources, water, climate, and environmental mitigation issue areas. A trusted resource not only in the legislature, but with key Agencies relevant to the work of EVWD, Alfredo is well positioned to help EVWD navig ate the challenges of Sacramento to achieve its policy and funding objectives. ❖ Pilar Oñate-Quintana, principal for THE ONATE GROUP - Pilar brings more than 30 years of Capitol-related experience and nearly 20 years of water policy knowledge to the team. Her water experience began with an in - house lobbying position at the Metropolitan Water District of Southern California and has included continuous work in water policy for a variety of water agencies as a contract lobbyist. Overall, we believe that our team is uniquely qualified to offer services to meet all of EVWD’s needs - from insightful analysis of pending water, special district and environmental proposals of concern to effective, direct lobbying of key legislators, Administration officials and staff. Again, thank you for providing us with the opportunity to submit this proposal. Please do not hesitate to contact Pilar Oñate-Quintana at 916 230- 4470 or me at 916 217-2616 with any questions. Sincerely, David Quintana, JD Partner, RESOLUTE q@resolutecompany.com Proprietary & Confidential 4 S EC. 2 . 0 A D E S C R I P T I O N O F T H E O R G A N I Z A T I O N ’S P R O F E S S I O N A L Q U A L I F I C A T I O N S The response in this section is organized to track with the “Bidder/Consultant Qualifications” section of the EVWD RFP document. 2.1 BIDDER/CONSULTANT QUALIFICATIONS 1. REGULAR AND CONTINUOUS STATE LEGISLATIVE ADVOCACY FOR LOCAL GOVERNMENTS FOR A MINIMUM OF 5 YEARS We are pleased to note that our team easily meets and exceeds this requirement, as detailed below. David Quintana of RESOLUTE has represented the following local government clients: • East Valley Water District (more than 5 years current) • South Coast Air Quality Management District. (4 years current and ongoing) • City of Hidden Hills (3 years current and ongoing) • Los Angeles Community College District. (4 years current and ongoing) Pilar Oñate-Quintana’s advocacy experience includes the following local government clients: • Metropolitan Water District (in-house, 2 years) • Mojave Water Agency (5 years, during her past employment at KP Public Affairs) • Western Municipal Water District (5 years, during her past employment at KP Public Affairs) • North Bay Water Reuse Authority (more than 5 years, former client who no longer retains a lobbyist) • Yuba Water Agency (more than 5 years, current and ongoing) • East Valley Water District (more than 5 years, current) • Irvine Ranch Water District (4 years, current and ongoing) Alfredo Arredondo of RESOLUTE’s advocacy experience includes the following local government clients: • South Coast Air Quality Management District. (4 years current and ongoing) Proprietary & Confidential 5 Below, please find references related to our local government clients: Name: Irvine Ranch Water District Address: 15600 Sand Canyon Ave Irvine, CA 92618 Contact Person: Christine Compton Title: Director, Government Relations Officer/Deputy General Counsel Email: compton@irwd.com Telephone No.: 949.929.1117 Services Provided: State lobbying and advocacy. Team Members Engaged: David Quintana, Pilar Oñate-Quintana, Alfredo Arrendondo Name: South Coast Air Quality Management District Address: 21865 Copley Dr Diamond Bar, CA 91765 Contact Person: Derrick Alatorre Title: Deputy Executive Officer, Legislative, Public Affairs & Media Email: dalatorre@aqmd.gov Telephone No.: 909.396.3122 Services Provided: State lobbying and advocacy. Team Members Engaged: David Quintana, Alfredo Arrendondo Name: Yuba Water Agency Address: 1220 F Street Marysville, CA 95901 Contact Person: Adam Robin Title: Governmental Relations Officer Email: ARobin@yubawater.org Telephone No.: 916.502.7123 Services Provided: State lobbying and advocacy. Team Members Engaged: David Quintana, Pilar Oñate-Quintana, Alfredo Arrendondo 2. PROVEN ABILITY TO DEVELOP AND CARRY OUT STRATEGIES TO INFLUENCE LEGISLATIVE AND ADMINISTRATION ACTIVITIES. As detailed in his resume, David Quintana has served as a contract lobbyist for nearly 20 years and is a founding member of RESOLUTE. Similarly, Pilar Oñate-Quintana’s advocacy career has spanned nearly two decades, which has demanded the development and execution of various strategies to achieve client goals. Alfredo Arredondo’s experience encompasses relatively recent, direct experience in the Capitol, but during his years as an advocate and budget expert, his accomplishments have been notable. A few examples of successful work on behalf of advocacy clients are included below: Proprietary & Confidential 6 Passed a bipartisan bill during the limited 2020 Legislative Session that likely saved a client and other similarly situated public entities from hundreds of thousands of dollars in damages and liability: RESOLUTE and The Oñate Group partnered with Irvine Ranch Water District, which was facing harassing frivolous lawsuits from a predatory attorney for supplying a significant public service. 81 water districts faced a suit from the same attorney. Our team worked with IRWD to develop their proposal into a legislative policy that could be enacted. RESOLUTE and The Oñate Group provide the IRWD with weekly legislative and strategic updates, monitor legislation, represent their position in public forums, and negotiate to further their legislative agenda among policymakers to ensure that bills like the above reach a successful reso lution. Additionally, as IRWD is positioned as an active force in the water community, RESOLUTE and The Oñate Group have worked to contribute insight and access to critical coalition efforts on behalf of IRWD. Developed and Maintained a Coalition to Initially Establish the State’s First -Ever Dam Safety Funding Program: Given Yuba Water Agency’s interest, RESOLUTE and The Oñate Group advocated for a dam safety funding category in ACWA and CMUA infrastructure funding (including potential bonds) efforts. In close coordination with Yuba Water Agency, ACWA, CMUA, the California Alliance for Jobs and other water agencies throughout the state, our Team assisted with development of supporting materials and background on the issue, convened coalition discussions and lobbying efforts and successfully gained Assemblyman Rivas’ (now Speaker Rivas) leadership on this issue. A lengthy effort involving continuous outreach to key Administrative officials, legislators and staff ultimately culminated in the establishment of the state’s first-ever program to fund dam safety improvements via trailer bill language in 2023 - accompanied by starter funding of $100 million. Work will continue on this front to hopefully ensure additional funding in the context of the 2024 water/climate bond. Proprietary & Confidential 7 Developed and implemented a strategic legislative plan to secure millions in state funding and create a new coordinating body within state government: RESOLUTE was tasked with securing an earmark in the CA Budget Act for our client, the Los Angeles Cleantech Incubator. This new state funding would be used to allow the client to significantly boost its economic development and EV innovation incubation work for the Los Angeles region. Simultaneously, RESOLUTE worked in tandem with the client’s federal lobbying team to build support among state lawmakers for LACI’s stimulus proposal, securing federal dollars for EV infrastructure and manufacturing in California - coordinating outreach to California’s congressional delegation through personal calls and communications. In addition to this budget work, our team was able to identify a path for the client to achieve one of its larger, long-term legislative goals that it did not believe was possible. The RESOLUTE team developed and implemented a multi-year advocacy plan to secure their budget goals, increase LACI’s presence in Sacramento by coordinating lobbying days and build a diverse coalition of support with NGO and local “environmental justice” non-profits. Finally, we took the time and effort to establish strategically-positioned champions in both the Legislature and the Governor’s Office that allowed our client to succeed in getting their legislation successfully signed into law and receiving state funding in both the Governor’s Budget Act and additionally in a Legislative Trailer bill as a “member’s ask”. RESOLUTE keeps LACI engaged through weekly calls with their senior staff and weekly written and oral reports on activity in the Legislature and administrative agencies. RESOLUTE serves as a key advisor to the client’s CEO and Vice President for Government Affairs, maintaining key relationships on their behalf with local, regional, state, and federal policymakers on their behalf. RESOLUTE developed and implemented a strategy to create a new School Greening program: RESOLUTE developed and implemented both a budget and advocacy strategy to develop and fund a new School Greening program within the state of California for our client, TreePeople. RESOLUTE conceived the gameplan and then developed a large coalition of legislators from across the state to Proprietary & Confidential 8 push for the passage of the program. As part of the advocacy program RESOLUTE also enlisted the support of both the Los Angeles Unified School District and the CA Natural Resources Agency who would jointly oversee implementation. Our work on the ground included introducing both legislative and budget language to give it the best chance of success. Separately, we continued to work the bureaucracy within the CA Natural Resources Agency, urging them to prioritize the establishment of the new program with the Governor – which they did. Of note, this was the first time that LAUSD has taken a supportive stance on the establishment of any program outside of their education space, and this resulted directly from the strategic engagement of RESOLUTE. In the end, both the Legislature – through the bill, and the Administration, through the Budget Act, appropriated $150 million to establish this program which has already proven to be a very popular grant program throughout the State 3. RECORD OF SUCCESSFUL LEGISLATIVE SERVICE CONTRACTS WITH AT LEAST ONE PUBLIC AGENCY FOR AT LEAST TWO YEARS. INCLUDING WORK SAMPLES. As noted in our cover letter, we are proud to have forged a productive and effective relationship with East Valley since beginning work for the district in 2014. Throughout the years, we have worked continuously to advocate for East Valley’s positions on legislative and budgetary matters - including engaging with relevant associations as appropriate. In addition to the specific legislative work, we have provided strategic insight and assistance in various ways, including with the development and funding of the Sterling Natural Resources Center and the creation of a successful coalition aimed at focused funding for septic to sewer conversions. For example, in the early years of our relationship with EVWD, we were pleased to work with EVWD leadership and staff in the beginning stages of the Sterling Natural Resources Center development. At this stage, we provided input as to how state policy and funding opportunities played into the planned effort, strategic suggestions with respect to a regional approach and management of legislative relationships through early planning and construction, especially given that local politics surrounding the project were challenging at times. As the effort continued, our team was called upon to coordinate efforts and discussions at key times to ensure progress with project reviews and approvals. Moreover, hiccups in the funding process would arise, including a time-sensitive glitch between the State Water Resources Control Board and “FisCal” - the agency tasked with operating the statewide financial system. Through counsel to EVWD to Proprietary & Confidential 9 develop a chronology of events surrounding the hangup in the release of much-needed funding (please see Document 1 included at the end of this section) and engagement with FisCal, we were able to ensure the release of committed funding, without which significant costs would have been added to that stage of the project. Another example of team effort above and beyond standard advocacy was the septic-to-sewer effort to ensure focused funding for such projects. The team worked with EVWD to identify the state funding priority, develop the concept, build a local coalition, write correspondence, engage Assemblymember Ramos as a champion for the effort and - after continuous concerted effort and coalition management - secured language to ensure the issue as a funding priority (please see Document 2 included at the end of this section). While we understand that the subsequent implementation of this funding priority posed difficulties for EVWD, we believe that the groundwork is set to revisit the funding issue in the future, especially when California’s economic fortunes rebound past the current budgetary downturn. 4. CONSULTANT SHALL POSSESS ALL PERMITS AND CREDENTIALS TO PERFORM LEGISLATIVE ADVOCACY SERVICES. All members of the proposed lobbying team are registered lobbyists and compliant with all state lobbying requirements. 5. CONSULTANTS’ OTHER CLIENTS SHOULD NOT POSE CONFLICT OF INTEREST ISSUES FOR EVWD. While lobbying firms vary in terms of their tolerance for conflicts among clients, both RESOLUTE and The Oñate Group pride themselves on transparency and avoidance of conflicts. Hence, we do not seek to take on new clients with clear conflicts with existing clients. Additionally, in the very rare circumstance when conflicts may arise, we are straightforward in informing clients and looking to proactively manage concerns. 6. CONSULTANTS SHOULD HAVE A PHYSICAL PRESENCE IN SACRAMENTO, INCLUDING SPACE TO HOST EVWD FOR MEETINGS AND VISITS. Resolute is pleased to have a beautiful, modern and centrally located office in one of downtown Sacramento’s top office buildings at 1215 K Street. The spacious office has two conference rooms, plenty of additional seating throughout the office and conference call capabilities in the large conference room. Additionally, it is suitable for reception events, as needed. Proprietary & Confidential 10 DOCUMENT 1 Delays in State Revolving Fund Loan Agreement/ Reimbursement Water Recycling Funds- Clean Water State Revolving Funds/ Prop 1 Water Bond 2014 Funds • The District received a combination of low interest loans and grant funding from Prop 1. and the Clean Water SRF Funds for the full cost of the Sterling Natural Resource Center. The initial funding agreement was signed on June 26, 2018. o $119 million in low-interest loans o $ 6.7 million in grants • Over 50% of the community served by the District is considered Disadvantaged or Severely Disadvantaged. • This project will recycle 8-10 million gallons of water a day to be used for groundwater replenishment to benefit not only the District 102,000 customers, but the 600,000+ people dependent on the Bunker Hill Basin. • The SNRC has committed to using state-of-the art technology and aesthetically pleasing design to make the facility a community asset, including demonstration gardens, educational programs, and community events. • The funding agreement, which includes both loan and grant funds, stated that construction was expected to start on June 28, 2018 (Contract section A-1) SRF Funding • November 2018- East Valley Water District signed the contract with Balfour Beatty for the Guaranteed Maximum Price (GMP). o At this point, EVWD staff received the “ok” to move forward with construction, but told we could only be reimbursed for design work until the Final Funding Agreement was approved. The completion of the funding agreement was expected to take approximately 6 weeks. • December 2018- District staff was told by State Board staff that there was a change in the accounting system, and anticipated completion December 31, at which time all of the funding would be available and construction costs would become eligible for reimbursement processing. • January 2019- EVWD staff was told that the accounting system transition was taking longer and that it would not be completed until April 2019, but that design reimbursements would still be issued. • April 12, 2019- SWRCB staff notified EVWD staff that design reimbursements would be on hold due to the further delayed accounting system transition. Completion date is unknown at this point. Proprietary & Confidential 11 • April 30,2019- SWRCB staff notified staff that the reimbursement requests had all been reviewed and are awaiting processing with the State Controller’s Office. At this point they believe that a check will be issued within the next 30 days. Reimbursement Impact • To date, the District has incurred $17,708,000 in expenses, of the total $150 million project. • $11,236,500 has been requested by EVWD for reimbursement for design costs o $8,539,615 reimbursement has been received of the design costs incurred. o Approximately $2.7 million is design costs have been submitted for reimbursement, but are on hold due to the change in the State’s accounting software. • The District has incurred $6,465,000 in construction costs that are not eligible for reimbursement until the final funding agreement has been approved by the State, which is being held up by the account system transition. • Additionally, the District is currently cash financing on-going construction activities with no anticipated date as to when these expenses will be eligible for reimbursement with cost projections to be approximately $20 million through the next 6 months. o These projected expenses exceed the unrestricted cash reserved that the District currently has available. o For perspective, $6,465,000 is more than 1/3 of the District’s budget reserves. • Up to the point where SWRCB staff notified EVWD staff that design reimbursement payments were no longer going to be issued until the accounting system transition was resolved, SWRCB staff were processing requests for design reimbursement and issuing payment within an average of two weeks. Bridge Financing • If the District were forced to secure bridge financing six or more months of construction funding in order to allow the project to continue moving forward without delays, the potential bridge financing would need to secure approximately $20 million and would add an additional $180,000 in interest charges, assuming the District could secure a loan at the Local Agency Investment Fund (LAIF) interest rates of 2.55%. Requested Action • Immediate- process the design cost reimbursement request • Short term- Allow for the completion of the Final Funding agreement and begin processing requests for construction cost reimbursement. • We would also respectfully ask that the State waive the accrual of interest on funds drawn to date until such time as our Final Budget Adjustment has been signed and funds are again being disbursed. • While the accounting system transition takes place, could the State pay for the bridge financing costs? Proprietary & Confidential 12 DOCUMENT 2 July 06, 2021 The Honorable Gavin Newsom Governor of California State Capitol, Room 1173 Sacramento, CA 95814 The Honorable Nancy Skinner Senate Budget Committee, Chair State Capitol, Room 5094 Sacramento, CA 95814 The Honorable Philip Ting Assembly Budget Committee, Chair State Capitol, Room 6026 Sacramento, CA 95814 RE: Septic to Sewer Funding/“Priority” Language in Budget Bill - Coalition Language Request Dear Governor and Budget Committee Chairs, Jointly on behalf of San Bernardino Valley Municipal Water District (SBVMWD) a wholesaler serving nearly 800,000 people throughout eastern San Bernardino County; Eastern Municipal Water District (EMWD) a retail and wholesale water, sewer, and recycled water provider that serves a population of 850,000; East Valley Water District (EVWD) a water and wastewater service provider to 103,000 residents within the City of Highland and portions of both the City and County of San Bernardino, and the City of San Bernardino Municipal Water Department (SBMWD) a water and wastewater service provider to over 204,000 residents within the City of San Bernardino and its surrounding communities, we are writing to express our gratitude for the important “priority” language for septic to sewer conversion purposed for inclusion in the state budget bill, budget item 3940-106- 0001 ($650 million total for item)— and to request inclusion of this coalition’s carefully crafted implementation language should there be any relevant forthcoming trailer bill to guide allocation. Overall, to reiterate, our coalition is thankful to the Legislature’s and the Administration’s recognition in the budget of the impact many low- income urban and/or rural communities have faced from failing domestic septic systems - which can contribute Total Coliform Bacteria, Fecal Coliform and E. Coli contaminants, thereby degrading water quality. This effect may be exacerbated by climate change during times of low water supply. Low-income Proprietary & Confidential 13 homeowners and water purveyors are often limited by insufficient resources, making them unable to transition their decades old and marginal or failing septic systems to sewer. Providing a substantial portion of the budget item monies now for the conversion of aging septic systems to proper sewer service will clearly provide timely and critically-needed benefits both to low-income homeowners and to the quality of drought-diminished groundwater supplies in our region and throughout California. To illustrate the cost and overall need related to septic to sewer conversions, we provide the following examples from just our region: East Valley Water District Info: • Estimated per home cost to switch from septic to sewer: Total $20,000 (note: this estimate does not incorporate mainline capacity improvements, so it is a bit lower than city of SB estimate below) • Number of homes that need to be transitioned in service area: 1,495 total, 909 of which live in disadvantaged communities. • Estimated total cost to connect all 1,495 customers to septic (assuming sewer pipeline in front of property - includes capacity fee, site cost, etc.): Total $30 million City of San Bernardino Info: • Estimated per home cost: $35,600 (Average sized four-bedroom home on 7,200 sq ft lot, etc.) • Number of parcels within Muscoy, Arrowhead Farms/Newmark and Devore - 3,526 • Estimated total cost to transition all parcels: $126 million Eastern Municipal Water District Info: • Estimated per lot cost to switch from septic to sewer: Total $34,541 (note: this estimate includes backbone infrastructure, connection fees, onsite laterals, and septic system abandonment) • Seeking to connect a total number of 1,374 lots in Quail Valley Sub Area 4 • Estimated total cost to connect all 1,374 customers from septic to sewer and proceed with septic system abandonment: Total $34.8 million In light of the above, which references just a few examples from one region - and given the need throughout the state we respectfully request that at least $250 million be devoted to septic to sewer conversion purposes, as this funding will be vital to making substantial progress on this statewide need. For the reasons above, should there be relevant trailer bill or other language, we urge you to consider incorporation of the attached septic to sewer Proprietary & Confidential 14 conversion language to guide expenditure of the monies for this purpose. Again, we deeply appreciate the recognition of the need for focused septic to sewer conversion funding in the 2021-22 state budget and urge you to consider our request above. Sincerely, Joe Mouawad, P.E. General Manager Eastern Municipal Water District CC: Angela Pontes, Governor Gavin Newsom Kip Lipper, Senator Toni Atkins Joanne Roy, Senate Budget Committee Dennis O' Connor, Senate Natural Resources and Water Committee Kirk Feely, Senate Republican Caucus Alf Brandt, Assemblymember Anthony Rendon Juan Cervantes, Assembly Budget Committee Pablo Garza, Assembly Water, Parks and Wildlife Committee Joseph Shinstock, Assembly Republican Caucus Leslie Laudon, State Water Resources Control Board Proprietary & Confidential 15 Requested septic to sewer conversion trailer bill language for budget bill item 3940-106-0001: XXXX. (a) Of the funds made available by budget item 3940-106-0001, a minimum of two hundred and fifty million dollars ($250,000,000) shall be available, to the water board for loans or, subject to subdivision (b), grants or forgivable loans to public agencies or public-private partnerships for projects that will prevent or substantially reduce the contamination of groundwater or surface water supplies that serve as a source of drinking water and improve access to wastewater infrastructure. (b) The water board may use grants or forgivable loans for projects that benefit vulnerable populations, under-resourced communities, disadvantaged communities, or severely disadvantaged communities. (c) The water board shall give preference in the allocation of these grant or loan funds to one or both of the following: (1) Projects that include the abandonment of onsite wastewater systems through connections with local sewer systems. Funding for these projects may include, but is not limited to, the cost of extensions needed to connect with the local sewer system, the cost of expanding the local sewer system to meet the additional need for treatment, and the cost of decommissioning existing onsite wastewater systems. (2) Complete projects rather than incrementally funding phases of a single project. (d) Grants or loans awarded under this section may be for any amount deemed appropriate by the water board, consistent with the purpose of providing safe and clean drinking water to all Californians. (e) A public agency or a public-private partnership may receive more than one grant or loan for projects if the proposed projects meet the requirements of this section. Proprietary & Confidential 16 S E C 3 . 0 S T A T E M E N T I N D I C A T I N G T H E N U M B E R O F E M P L O Y E E S W H O W O U L D B E W O R K I N G W I T H T H E D I S T R I C T We are pleased to provide EVWD with this information for your consideration as we believe that the level of experience and status of the proposed lobbying team will be key to continued effective representation in Sacramento. Essentially, we will not be utilizing junior lobbying staff to service EVWD. Specifically, the RESOLUTE lobbying team participants - David Quintana and Alfredo Arredondo - are both partners at Resolute. For the The Oñate Group, Pilar Oñate-Quintana is the principal for her lobbying firm and would - in partnership with Resolute - continue to provide direct and ongoing service to EVWD. RESOLUTE contracts for administrative support from Sidney Hoff, who expertly assists with such tasks as scheduling, bill reports, letter proofing and letter submission, as well as other administrative tasks. The Oñate Group contracts with Tammy Hodgkin, formerly employed with one of the largest Sacramento lobbying firms, for similar and other necessary tasks. Sidney and Tammy seamlessly coordinate to support clients as they have long worked together. Proprietary & Confidential 17 S E C 4 . 0 R E S U M E S David Quintana David Quintana Overview Quintana’s professional lobbying history spans nearly two decades in and around the State Capitol. With extensive expertise in a wide range of issue areas, Mr. Quintana, universally known as “Q,” provides clients with strategy development, policy analysis, relationship- building, campaign consulting, and unparalleled advocacy. After serving in the United States Air Force for a decade as an aeromedical tech, Mr. Quintana then graduated from the University of California, Davis and the Boston College School of Law. After briefly practicing law for the District Attorney of San Diego, he then began his career in policy and advocacy. Since 2002 Quintana has created one of the biggest lobbyist presences in Sacramento. Starting in tribal gaming, he then founded a firm focusing on emerging technologies such as Uber, Netflix and Facebook. Currently Quintana & RESOLUTE represent a wide breadth of issues and interests, including local and tribal governments, Fortune 500 companies, entertainment, finance, electric vehicle manufacturing, technology start-up incubators, primary and secondary education, transportation, pharmaceuticals, physicians groups, and many more. This wide breadth of issues enables Quintana and his firm to go before almost every committee in the legislature, cultivating relationships with almost every legislator in the capitol. In 2022, for the 12th time in 13 years, Capitol Weekly named Mr. Quintana one of the California Capitol’s Top 100 “Power Players” in their highly competitive annual list. He has also been featured numerous times in Sacramento Magazine and the Sacramento Bee as one of the key power players in state politics. Proprietary & Confidential 18 Experience Senate Minority Caucus, Public Safety Consultant 1997 – 2000 Legislative Director, Senate Minority Leader Jim Brulte 2000 – 2003 Director of Political Affairs, CA Nations Indian Gaming Association 2003 – 2003 President, Group Q Consulting 2004 – 2010 Founding Partner, Gonzalez, Quintana & Hunter 2010 – 2019 Founding Partner, RESOLUTE 2019 – Present Education UC Davis, B.A., History Graduated 1993 Boston College School of Law, JD Graduated 1996 Proprietary & Confidential 19 ALFREDO ARREDONDO Sacramento, CA 95814 • (805) 598-9350 • alfredo@resolutecompany.com CURRENT OCCUPATION RESOLUTE| Sacramento, CA August 2021-Present Partner • Provide comprehensive public policy consulting and lobbying services for wide range of private company, local government, and NGO clients. RELEVANT EMPLOYMENT HISTORY PRIORITY STRATEGIES| Sacramento, CA October 2017-August 2021 President • Provided comprehensive public policy consulting services for public-interest organizations in California, including the following organizations: (Audubon California, Azul, Brown Girl Surf, California Native Plant Society, California ReLeaf, California Trout, Earthjustice, Environmental Defense Fund, Latino Outdoors, Los Angeles River State Park Partners, The Nature Conservancy, Resources Legacy Fund, Parks California, Sonoma Land Trust, TreePeople, and Trout Unlimited • Developed strategies for engagement and successful execution of the strategies, including: o Process: utilizing a deep understanding of the legislative rules and administrative procedures that govern official and unofficial calendars within the legislature and state agencies o People: cultivating strong relationships with key legislators and staff, especially those with influence in natural resources and climate related issue areas, through strong communication channels and by working on multiple priorities that they are eager to advance. o Politics: maintaining a keen understanding of how politics in Sacramento, and regions throughout California, are influencing the advancement or obstruction of priority issues for clients to avoid pitfalls or to capitalize on policy windows that may present themselves. o Policy: relying on subject matter experts (the client), quickly gain proficiency in the policy and adopt messaging strategies to make the issues relevant to target audiences. Proprietary & Confidential 20 • Coordinate coalitions to serve multiple purposes: legislative and administrative engagement, peer to peer information sharing, capacity building, and developing relationships with key funders (public and private). • Develop new funding resources through direct and indirect funding: o Direct: working either through the Administration (developing Budget Change Proposals) or through the Legislature (developing “Member-Driven Asks”), ensure that the Annual Budget Act includes funding for specific projects or programs (e.g. specific park, conservation project, biodiversity initiative, or other funding as a line-item in the Annual Budget Act). o Indirect: develop funding sources for competitive (sometimes non-competitive) grant funding programs through the budget appropriations process. Unlike direct funding sources, these funds must then be applied for through a separate process overseen by the relevant Agency. • Assist in applications for grant funding through engagement with key staff at Agencies (from Department Directors to grant oversight staff) to ensure that clients are well-positioned for successful acquisition of grants. This also includes drafting recommendations through the guidelines development process to ensure that as new programs are developed, the legislative intent matches the implementation outcomes. CONSERVATION STRATEGY GROUP| Sacramento, CA July 2015-October 2017 Legislative Consultant • Provided lobbying and consulting services for clients, specializing in environmental strategy and advocacy with a principal focus on: climate change policy and regulation, climate adaptation and mitigation, land conservation and conservation planning, fish and wildlife conservation, urban forestry, urban and rural parks development and management, ocean resource protection and management, and regulation of marijuana cultivation for environmental impacts. • Tailored to unique non-governmental organizations and local agencies, developed legislative and regulatory strategies, and implemented actions with the CA State Legislature, CA Natural Resources Agency, CA Transportation Agency, Department of Parks and Recreation, Department of Fish and Wildlife, and other relevant Departments, Boards, and Commissions to further the goals of the clients. In implementing these strategies, developed strong professional relationships with staff and executives at the relevant Departments and Agencies. • As a client manager, established strong communication and project management protocols to ensure excellent representation of their positions to relevant stakeholders, legislative offices, and administration offices. ASM. MARK STONE (AD 29) | California State Assembly April 2013-July 2015 Legislative Aide • Primary staff for Committee on Public Safety and the Committee on Environmental Safety and Toxic Materials: responsible for providing analysis and recommendations on all legislation being reviewed and voted on by the Assemblymember in the committees. • Responsible for legislation authored by the member: researched policy areas and analyzed different legislative approaches to complex and multi-tiered problems; constructed briefs on the issue and problem, and developed legislative language; hosted stakeholder meetings; liaised with other member offices and policy committee consultants; coordinated grassroots support at state and district levels; composed talking points used in presenting the bills in committee and on the floor; developed strategies for successful bill passage. Proprietary & Confidential 21 • Developed hearings for the Select Committee on Coastal Protection: identified policy areas needing legislative evaluation and discussion including ocean threats, impacts of seawater desalination, offshore oil well stimulation and fracking, marine debris, and coastal access to underserved communities; constructed panels with relevant policy experts from executive departments at the State and Federal Government, think-tanks, academics and non- governmental agencies (NGOs); coordinated hearing logistics including agenda construction, developing briefing packets, and live broadcasts; archived records hearings online at Select Committee website. • Tracked, analyzed and developed recommendations for all legislation on the Assembly Floor for a vote in the assigned issue areas (education, environment, public safety, and taxation) EDUCATION Bachelor of Arts in Social-Cultural Anthropology University of California, Davis SUMMARY OF SKILLS Languages Spanish fluency (oral and written); in-person and text translation proficiency. Media Digital Marketing and Advanced media training through UCD University Communications Interpersonal Extensive training on cultural competency and small/large group facilitation skills. Proprietary & Confidential 22 PILAR OÑATE -QUINTANA OBJECTIVE Contract Lobbyist EXPERIENCE December 2011 to Present The Oñate Group ◼ Serve as principal of The Oñate Group ◼ Provide strategic and advocacy services for a range of clients, including water, tribal gaming and national accounting firm clients. ◼ Conduct all duties associated with operating a lobbying firm, including providing high quality and substantive service to all clients. ◼ Partner with other advocates and/or coalitions as advocacy efforts require. June 2006 to November 2011 KP Public Affairs Lobbyist/Communications Consultant ◼ Conduct research on issues relevant to clients, develop messages and develop written communications as necessary to effectively convey clients' perspectives on issues. ◼ Assist clients in developing and maintaining positive relationships with key legislators, policy staff and Administration officials. ◼ Identify allies for purposes of building support on issues of concern to clients. ◼ Provide full range of legislative advocacy services related to supporting or opposing legislation – including providing strategic insight on legislative issues, drafting bill language, preparing testimony, lobbying key legislators legislative staff and Administration officials and testifying before legislative committees. January 2004 to June 2006 Metropolitan Water District of Southern California Principal Legislative Representative Proprietary & Confidential 23 ▪ Identified legislation of concern to the District, including water supply, water quality, desalination, water recycling, local government and other legislation. ▪ Coordinated with technical and policy staff to develop recommended positions on legislation of concern to the District. ▪ Advised management and Board of Directors regarding strategies for supporting and opposing legislation. ▪ Developed and provide presentations to the District directors and Metropolitan member agencies pertaining to Capitol and legislative updates. ▪ Represent ed District positions before legislative committees, legislative staff and Administration staff. ▪ Provided support for legislative and communications efforts through development of issue summaries, fact sheets, correspondence and other materials. March 2002 – January 2004 California Department of Parks and Recreation Deputy Director, Legislative Affairs ◼ Developed strategies for fostering political and stakeholder support for the Department’s mission and activities. ◼ Advocated for the Department’s budgetary and legislative interests. ◼ Supervised legislative unit staff and oversee all bill tracking and analyses. ◼ Worked with budget and program staff to develop budget change proposals for inclusion in the Governor’s budget. ◼ As a member of the executive team, coordinated with budget, media relations, and operations staff to achieve Department goals. ◼ Led Department efforts to secure potential Proposition 50 funding. ◼ Oversaw the Department’s development of the California Indian Heritage Center and was instrumental in securing initial project funding. ◼ In coordination with Latino Caucus staff, initiated stakeholder assessment of local parks needs and grants programs. January 2001 - March 2002 California Office of Statewide Health Planning and Development Assistant Director, Legislative Affairs ◼ Advocated for the Office’s budgetary and legislative interests. ◼ Was responsible for tracking legislation and developing legislative bill analyses. ◼ Worked with legislators, legislative staff, lobbyists and key stakeholders regarding hospital seismic safety, healthcare work force, healthcare quality and other complex issues. ◼ Led the Office’s response to complex health outcomes studies legislation and coordinated with the executive team on implementation. April 2000-January 2001 California Health and Human Services Agency Proprietary & Confidential 24 Assistant Secretary, Legislative Unit ◼ Coordinated and oversaw several departments’ key legislative activities, including responses to controversial issues, proposed hearing testimony, letters to legislators and other communications. ◼ Worked with Agency fiscal office to review and analyze departments’ budget change proposals. ◼ Assisted Governor’s Office staff in directing department activities and responding to legislative issues. ◼ Reviewed departments’ bill analyses before forwarding them to the Governor’s Office and recommended Agency positions on legislation. EDUCATION ◼ M.A. – Political Science – University of California, Davis ◼ B.A. – Journalism – California State University, Sacramento REFERENCES Available upon request. Proprietary & Confidential 25 S EC. 5 . 0 A T E N T AT I V E S C H E D U L E F O R I M P L E M E N T AT I O N February 2024: As the new contract term commences, we would propose an overall check in on any changes of direction or priority for purposes of the 2024 legislative year (given that our work for EVWD would be ongoing). January 2024 and beyond: Execute work plan as detailed in RFP response Section 6, with modifications if requested by EVWD. Proprietary & Confidential 26 S EC. 6 . 0 A W R I T T E N W O R K P L A N In response to this section’s requirements, please find the overall proposed work plan below for the predictable and foreseeable tasks required to properly serve EVWD. We note that responses to the “general requirements” included in the EVWD RFP are embedded in this section (monitoring, bill tracking, bill list maintenance, legislative platform, legislative communication, coordination of legislative/regulatory efforts, special project facilitation, ongoing presence and transparency). This work plan overview (6.1) - organized by anticipated daily, weekly, monthly, annual and semi- annual and other/ongoing tasks - is followed by direct responses to each point required for this section (6.2). 6.1 WORK PLAN OVERVIEW: Daily: • Keep abreast of newly introduced or amended legislation - as well as Capitol and key organizations’/associations’ dynamics - in order to anticipate and engage in Legislative and/or Administration issues of interest or concern to EVWD. • Review relevant Capitol and water policy issues news and forward items of potential interest to EVWD. • Convey key or urgent information to EVWD staff as necessary and respond to EVWD inquiries/direction as necessary. Weekly: • During the legislative session, attend the majority of weekly ACWA Monday morning lobby group meetings and report any items of concern to EVWD. • During legislative session, monitor issues that come before the relevant legislative committees (water, local government, etc.) and attend and represent EVWD’s positions when necessary and appropriate. • As desired, set weekly or bi-weekly focused update calls with appropriate EVWD staff. Regular topics to be addressed in these meetings would likely include status review of bills of interest, discussion of Administration activities of interest and status of funding opportunities. • Provide updated bill tracking list, reflecting district and key association positions, etc. Proprietary & Confidential 27 Monthly: • If desired on a monthly basis or other schedule, would provide verbal (phone or Zoom) and/or written updates or reports to EVWD’s Legislative & Public Outreach Committee. • Review ACWA and CMUA legislative committee materials, coordinate with EVWD as necessary prior to meetings in light of committee materials, attend ACWA and CMUA committee meetings to the greatest extent possible (understanding these are roughly every three weeks during legislative session). • Potentially participate in other organizations’ meetings as necessary to advance EVWD’s interests. Annually/Semi-Annually: • Engage in strategic planning with District leadership and staff as desired and appropriate - including discussion of legislative priorities/legislative platform. • Provide an in-person update to the board or appropriate committee. • Work with EVWD to schedule board member visits with area legislators in the Capitol as desired/appropriate. Other/Ongoing as Necessary and Appropriate: • Regularly update EVWD’s legislative delegation and/or key Administration officials on significant district updates, issues, concerns and positions with respect to Sacramento issues and/or issues about which they may receive questions from their constituents on the local level. • Provide ongoing implementation of other tasks as included in the RFP scope of work and/or as directed by EVWD - including drafting correspondence, coordinating meetings, special project facilitation, etc. • Assist EVWD in engaging in regulatory matters of concern, including via key associations. 6.2 SPECIFIC RESPONSES TO ELEMENTS OF WORK PLAN REQUIREMENTS AS OUTLINED IN RFP: a. Approach to Scope of Work - We believe the information provided in 6.1 above outlines the methodologies, techniques and procedures anticipated to successfully execute on the scope of work. We acknowledge our proposed procedures may require adjustment pending consultation with the EVWD internal team. b. Structure of Working Relationship with EVWD c. Lobbying Team: With respect to the working relationship with EVWD, all lobbying team members would continuously be available to EVWD staff - including on an urgent basis if needed. For more regular, predictable interaction, the EVWD lobbying team members will Proprietary & Confidential 28 ensure that all of the activities described in Section 6.1 above are capably performed, keeping in mind the skill sets of each member of the lobbying team. While lobbying team members may be interchangeable on some tasks, depending on timing, relationships or other factors, below please find a general description of responsibilities anticipated for each lobbying team member: Pilar Oñate-Quintana: • For purposes of executing the actions outlined in Section 6.1, general oversight and management of team efforts. • Primary on monitoring and engaging with ACWA and CMUA. • Primary on coordinating with EVWD staff. • Lobbying. • Strategy. Alfredo Arredondo: • Ongoing and substantive assistance with all of the above general oversight and management responsibilities as described for Pilar, including filling in on responsibilities as needed. • Lobbying • Strategy David Quintana: • Lobbying and relationship building • Strategy Administrative Resources: With respect to the working relationship with EVWD, we note that both Tammy Hodgkin and Sidney Hoff would also have direct contact with EVWD as appropriate and necessary to serve EVWD (including proofing, formatting of correspondence, scheduling and other tasks). c. Time Frames for Response - Please note Section 6.1 describes the anticipated time frames for various activities necessary to represent EVWD. Our team is also available to respond urgently to time sensitive needs and can be reached outside of normal business hours if necessary. d. Regular Meetings/Updates - Overall anticipated scheduling information is included in Section 6.1, but specific to this section, we anticipate a weekly call with District staff to share important updates on legislative developments and team activities and to obtain direction from EVWD. These calls are also useful to gain updates from EVWD staff on district activities and status that may be useful as background information for our efforts. Should developments Proprietary & Confidential 29 warrant, we are also available for discussions with staff on an as needed basis, in addition to regularly scheduled calls. e. Detailed Description of Efforts to Achieve Client Satisfaction - We submit that the schedule of anticipated tasks reflected in Section 6.1 should provide a description of the tasks and details we anticipate are needed to serve EVWD in a thorough and professional manner. Proprietary & Confidential 30 S EC. 7 . 0 C O S T E S T I M AT E A D E Q U AT E T O C O V E R T H E S C O P E O F T H E P R O J E C T Proprietary & Confidential 31 S EC. 8 . 0 D I S C U S S I O N P O I N T S F O R E XC E P T I O N S TO P RO F E S S I O NA L S E RV I C E S AG R E E M E N T Per the EVWD Request for Proposal (RFP) document requirements to "note any proposed exceptions to the Agreement tenets in your proposal," we note that elements of the Professional Services Agreement as included in the RFP document appear to be relevant to design and/or construction. Hence, we note an anticipated need for discussion and modification for a few elements of the agreement to ensure it is relevant and appropriate for the nature of our work. These elements include: • 2.1 - Scope of Services - We note that the sample agreement refers to a "design professional" with wage and working condition provisions that are inapplicable to the nature of our work and should be modified or possibly deleted. • 6.3 - Insurance: o (d)(1) - Worker's Compensation - No employees would perform work under our proposal, so the worker's compensation provisions are not applicable. o (d)(2) - General Liability - This is not applicable to the nature of our professional services. o (d)(3) - Automobile Liability - As we do with other clients, we would request acceptance of standard personal coverage.