SWEETWATER AUTHORITY CONSULTANT SELECTION COMMITTEE AGENDA DATE: Tuesday, May 30, 2017 TIME: 10:00 a.m. 1. CALL MEETING TO ORDER AND ROLL CALL. 2. ITEMS TO BE ADDED, WITHDRAWN, OR REORDERED IN THE AGENDA. 3. PUBLIC COMMENT. Opportunity for members of the public to address the Committee. (Government Code Section 54954.3). 4. ACTION AGENDA. The following items on the Action Agenda call for discussion and action by the Committee. All items are placed on the Agenda so that the Committee may discuss and take action on the item if the Committee is so inclined, including items listed for information. Review of Proposals for Selection of Federal Lobbyist 5. CLOSED SESSION At any time during the regular session, the Committee may adjourn to closed session to consider litigation, personnel matters, or to discuss with legal counsel matters within the attorney-client privilege. (Government Code Section 54954.5.) 6. NEXT MEETING DATE: To be determined. 7. ADJOURNMENT. This agenda was posted at least seventy-two (72) hours before the meeting in a location freely accessible to the Public on the exterior bulletin board at the main entrance to the Authority’s office and it is also posted on the Authority’s website at www.sweetwater.org. No action may be taken on any item not appearing on the posted agenda, except as provided by California Government Code Section 54954.2. Any writings or documents provided to a majority of the members of the Sweetwater Authority Governing Board regarding any item on this agenda will be made available for public inspection at the Authority Administration Office, located at 505 Garrett Avenue, Chula Vista, CA 91910, during normal business hours. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, as required by Section 202 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the Board Secretary at (619) 409-6703 at least forty-eight (48) hours before the meeting, if possible. To e-subscribe to receive meeting agendas and other pertinent information, please visit www.sweetwater.org. A Public Water Agency 1 Serving National City, Chula Vista and Surrounding Areas 2 TO: Governing Board (Consultant Selection Committee) FROM: Management DATE: May 24, 2017 SUBJECT: Review of Proposals for Selection of Federal Lobbyist SUMMARY The Authority currently retains Thomas Walters and Associates (Walters), a federal lobbyist, for the purpose of seeking federal grant funding. This service has been beneficial in recent times, with the receipt of nearly $10.4 million from the Bureau of Reclamation for the Reynolds Desal Facility expansion. At its December 9, 2015 meeting, the Board directed staff to prepare a Request for Proposal (RFP) to lobbying firms for Board interview and selection, with the selected firm commencing in FY 2016- 17. However, as part of the FY 2016-17 Budget approval process, the Board extended the contract with Walters through June 30, 2017, deferring the RFP process to FY 2017- 18. Staff sent out RFPs on April 21, 2017 to twelve lobbying firms, and advertised in the San Diego Union-Tribune. The Authority received six proposals which are attached for the Committee to review and select which firms to interview. In the past, federal lobbyist contracts were $60,000 per year; however, last year, the Board reduced the scope of work and contract amount to $24,000. Therefore, in accordance with the Authority’s procurement policy, the General Manager has the authority to make the selection and execute a contract when the amount is less than the $50,000 threshold. However, due to the nature of the work, Management has convened the Consultant Selection Committee to determine whether the Committee has an interest in conducting the selection process or if it would like to defer this selection to Management. FISCAL IMPACT The FY 2017-18 draft Budget includes $24,000 for lobbyist services in the Administration Department expense budget. Each firm’s fees are listed in the attached proposals. POLICY/STRATEGIC PLAN OBJECTIVE The Consultant Selection Committee is convened to provide a recommendation to the Governing Board for contracts over $50,000. In the past, the annual cost for the federal 3 Memo to: Governing Board (Consultant Selection Committee) Subject: Review of Proposals for Selection of Federal Lobbyist May 24, 2017 Page 2 of 2 lobbyist was $60,000. The Consultant Selection Committee conducted the federal lobbyist interviews in 2012; however, the scope of work and contract amount was reduced to $24,000 in FY 2016-17. ALTERNATIVES 1. Determine if the Consultant Selection Committee desires to conduct interviews. 2. Direct the General Manager to make the selection. RECOMMENDATION Staff seeks direction from the Consultant Selection Committee. Attachment: Proposals Reviewed by: Je# nifer H. Sabine, Assistant General Manager Approved by: 4 Proposal to Provide Federal Lobbying Services Presented to: Sweetwater Authority May 10, 2017 ,-1 ,~& 1IJiX BEST BEST & KRIEGER~ ATIORNEYS AT LAW Indian Wells | Irvine | Los Angeles | Ontario | Riverside | Sacramento | San Diego | Walnut Creek | Washington, D.C. 5 TABLE OF CONTENTS Page I. COVER LETTER ........................................................................................................................................ 1 II. BRIEF HISTORY OF FIRM/PROJECT ORGANIZATION ......................................................... 3 III. FIRM’S EXPERIENCE AND QUALIFICATIONS......................................................................... 5 IV. SUMMARY OF FIRM’S APPROACH ................................................................................................. 7 V. PROPOSED FEES ................................................................................................................................. 10 VI. OTHER INFORMATION .................................................................................................................. 11 APPENDIX A ............................................................................................................................... RESUMES APPENDIX B ........................................................................................... INSURANCE CERTIFICATE -i- 6 I. COVER LETTER May 9, 2017 James Smyth, General Manager Sweetwater Authority 505 Garrett Avenue Chula Vista, CA 91910 Re: Letter of Interest and Statement of Qualifications to Serve as Federal Advocates to Sweetwater Authority Dear Mr. Smyth: We believe that we are in the best position to represent the Sweetwater Authority (Authority) in Washington since we have been representing the Authority as General Counsel and have a deep understanding of the Authority’s needs. We have in-depth advocacy, transactional, and regulatory experience in water issues. We have been privileged over the years to represent, on a federal and state level, our numerous public agency clients in all aspects of the regulation of water, sanitation, and solid waste matters. Our team is well versed in all legislative and regulatory issues involving water supply and water quality. If needed, we can call upon Best Best & Krieger LLP (BB&K) attorneys who are also highly experienced in compliance and regulatory issues under federal and state water quality statutes and regulations. As our response demonstrates, BB&K is the most qualified law firm to assist the Authority in developing and successfully pursuing its legislative and regulatory priorities. The proposed team has the proven track record in advocacy and lobbying at the federal level to assist the Authority. Not to mention, having a detailed knowledge and understanding of the Authority’s operational and legal needs allows us to cost effectively advocate at the Federal level and reduces the need for redundant conversations since our California and Washington, D.C. teams are closely aligned and communicate regularly and often on legislative issues that are and will be important to the Authority. BB&K has been honored to serve as General Counsel to the Authority, during that service a bond of trust has been developed with the members of the Board of Directors. We take this bond of trust very seriously and place a high value on maintaining it. In keeping with this bond of trust, we understand that the Authority would like to achieve its legislative and regulatory priorities for the retainer stipulated in the request for proposals, but we know that the Authority will not be able to achieve its priorities with the amount stated as the budget; therefore, we have prepared a proposal with a retainer at the barebones minimum cost that would actually provide a benefit and the desired results to the Authority. -1- 7 Thank you for the opportunity to submit this proposal. We would be honored to be selected as federal advocates for Sweetwater Authority. Please do not hesitate to contact me if I can be of further assistance; I can be reached by phone at (202) 370-5301. Sincerely, John Freshman, Senior Director of Governmental Affairs BEST BEST & KRIEGER LLP -2- 8 II. BRIEF HISTORY OF FIRM/PROJECT ORGANIZATION BB&K is a leader in water law offering legal services and state and federal to water agencies throughout the country. Our proposed federal advocacy team offers the advantage of decades of experience with all of the intricate issues surrounding California water. Our Senior Director of Governmental Affairs, John Freshman, is widely known