REQUEST FOR PROPOSALS TO FACILITATE PHASE II PROCESS FOR THE RED RIVER BASIN COMMISSION FLOOD DAMAGE REDUCTION SOLUTIONS WORKPLAN The Red River Basin Commission (“RRBC”) is seeking proposals for a facilitator to assist in reaching decisions necessary to develop a comprehensive plan for flood damage reduction and long term flood solution in the basin of the Red River of the North in Minnesota, North Dakota, and Manitoba. The RRBC is issuing this Request for Proposals (“RFP”) to obtain the services of a qualified individual, or team, to facilitate the RRBC’s decision-making process. The RRBC is specifically interested in identifying an individual or team with experience in facilitating the decision-making process of large stakeholder groups involving as many as possible of the following aspects: issues related to flood mitigation tools, flood structural and non-structural projects; establishing goals for the organization, and working in a public, consensus-based process involving complex technical and scientific issues. 1. BACKGROUND INFORMATION a. The Red River Basin Commission The vision of the Red River Basin Commission (“RRBC”) is to work with residents, organizations, and governments to achieve basin-wide commitment to comprehensive integrated water stewardship and management. As the Red River Basin is a complex watershed, the Red River Basin Commission has been structured to reflect that complexity. Two federal governments, three states and one province, numerous counties and rural municipalities, cities, towns and First Nations and tribes are represented by 41 board members. Further subdivisions of local governments, including soil and/or water conservation districts, watershed districts, county and city associations are all active participants in the Board and its committees. Most importantly, the landowners and citizens within the basin are represented by their elected officials and their own active participation. The Basin is not merely made up of economic statistics, water quality data and jurisdictional boundaries; it is made up of people who care about the land, the water, the natural resources and how they should all be managed in a comprehensive and cooperative manner. b. The 2009 Flood of the Red River Valley The record level flooding during 2009 was a wakeup call for the Red River Valley to come together across two state boundaries, and an international border to develop a flood damage reduction plan to mitigate the effects of living in this flat terrain. Lake Agassiz, an enormous glacial lake bed the size of all of the modern Great Lakes combined, once held more water than all of the lakes in the world. July 14, 2009 - RRBC 1 Some of the most fertile land in the world remains and is key in agriculture production in this region, particularly sugar beets (Minnesota is the nation’s largest producer), wheat, barley, dry beans, and potatoes. Given this strategic importance, the Lake Agassiz region is one that people are not likely to abandon despite major flood threat. Herein begins the effort to develop a plan for longterm flood damage reduction and protection. c. Legislative Mandate Even before the Red River subsided below flood stage, the North Dakota and Minnesota legislatures acted swiftly in a bipartisan manner so the region could recover and plan to protect itself in the future. 1.) Minnesota The Minnesota Legislature appropriated $500,000 from the general fund to the Red River Basin Commission, available July 1, 2009, in the Capital Investment Finance Bill (2009 Chapter 93) through the Board of Water and Soil Resources (BWSR). Specifically the funding is for: “…grants, contracts, or agreements with the Red River Basin Commission or its members to develop, in consultation and cooperation with all boards and commissions involved with water management and flood prevention and control in the Red River basin, a comprehensive plan of action to address, mitigate, and respond to flooding and related water quality and land conservation issues in the Red River watershed. The plan must take into account previous federal, state, provincial, regional, and local assessments and make specific recommendations for floodplain management goals and outcomes for the Red River basin including structural and nonstructural measures, wetland restoration, water storage allocations by major watershed, and designation of roles and responsibilities and time frames for implementation. The commission shall report progress on goals and outcomes to the legislature by January 15, 2010. Any remaining money may be used to implement the plan. Up to five percent of this appropriation may be used by the board for technical and administrative oversight. This appropriation is contingent on the state of North Dakota contributing at least an equal amount in a grant to the Red River Basin Commission.” Minnesota BWSR approved this funding on June 24, 2009 at its meeting in St. Paul. 2.) North Dakota The North Dakota Legislature appropriated $500,000 through the State Water Commission with the intent of the legislature that, July 14, 2009 - RRBC 2 “…of the funds appropriated in the water and atmospheric resources line item in section 1 of this Act, the state water commission provide funding for the following projects, for the biennium beginning July 1, 2009, and ending June 30, 2011: (among others) Evaluate, in conjunction with state, local and federal officials and entities, long-term flood control solutions in the Red River valley.” The North Dakota State Water Commission approved this funding for the Red River Basin Commission at its June 23, 2009 meeting in Fargo. 2. PLAN FRAMEWORK AND BASIN GOALS The RRBC leadership developed the following framework for the plan: 1. Phase 1: Inventory and Development of the Workplan The RRBC will coordinate with relevant players to develop a survey (in collaboration with an engineering contractor) of all possibilities for solutions to reduce flood damages in basin, structural and non-structural: current proposed projects, potential consideration of future projects, needed initiatives, comprehensive approaches, an inventory of projects for watershed districts, water resource districts, soil and water conservation districts, cities, and counties. Basin goals for long term flood solutions will be developed. Simultaneously, RRBC outreach staff will conduct visits to damages sites to meet with community leaders about their damages and ideas for solutions in their area. RRBC will retain a public facilitator for its public meetings and phase two process, develop a public relations plan, secure government affairs staff, and develop a contract for finance and management activities. b.) Phase 2: Prioritization and narrowing of the options RRBC will take the menu of options, and develop a prioritization process with this contracted facilitator, and old public hearings to develop a comprehensive proposal. A formal report to the Minnesota Legislature will be developed as prescribed by law. c.) Phase 3: Implementation RRBC will complete the prioritization, present the need to Congress for federal funding, and to state and local governments for funding, and work on permits and state administrative regulatory issues. 3. RESPONDENT’S PROPOSAL SUBMITTAL July 14, 2009 - RRBC 3 An electronic pdf or a mailed paper copy of all responses must be sent to: Lance Yohe Executive Director Red River Basin Commission 119 5th St. South, #209 PO Box 66 Moorhead, MN 56561-0066 (218) 291-0422 lance@redriverbasincommission.org No facsimiles will be accepted. Questions regarding this RFP should also be sent to Lance Yohe by email. All responses must be received by 5 p.m. CDT August 4, 2009. Statements received after such time and date will be declared late and not eligible for consideration. Responses to this RFP will be reviewed by the RRBC LTFS Oversight Committee that will identify a short list of candidate facilitators, followed by inperson interviews of the finalists. Those persons interviewed in-person will be expected to make a brief presentation to the committee. Formal selection of the facilitator(s) will be made by the committee, and the successful candidate will be notified by mid August, 2009. The RRBC will base its choice largely on demonstrated competence and experience in facilitating the decision-making process of large consensus-based stakeholder groups with respect to water issues involving complex technical and scientific issues. Experience with public stakeholder processes and water issues involving will be considered a plus. The RRBC reserves the right to reject any and all RFPs received or to negotiate separately with any source whatsoever in any manner necessary to serve the best interest of the RRBC. The RRBC does not intend to pay for the information solicited or obtained through any response. 4. SPECIFIC INFORMATION REQUESTED The respondent will provide information about the individual(s) who will facilitate the RRBC process. Current resumes should be provided for that individual or individuals. Responses should include the following information: • A brief statement (no more than one page) describing the proposed facilitator’s(s’) assessment of the facilitation needs of the RRBC process; • A two-to-three page statement regarding how the proposed facilitator(s) anticipates approaching the facilitation of the RRBC decision-making process. July 14, 2009 - RRBC 4 • A list of any facilitation process that the proposed facilitator(s) has been involved within the last five years. This list should include, at a minimum, contact information, type of work done, and dates of work performed; • A list of the projects with which the proposed facilitator(s) has had a primary role in facilitating disputes regarding water issues involving complex technical and scientific issues. The list should identify the nature of the dispute, the scientific issues involved, and the outcome for each project. The list should also state whether the facilitation occurred in an open process, and whether the facilitation involved a multi-party collaborative, consensus-based process; • A list of references complete with names, addresses, e-mail addresses, and phone numbers for the proposed facilitator(s). Any reference should include persons who have knowledge of the proposed facilitator’s(s’) work on at least one of the projects described above; • Comparable references for each person expected to participate in any direct facilitation capacity; • A timely completion of the project is important to the RRBC. Accordingly, please identify all other significant projects that the proposed facilitator(s) will be involved with between August 2009 and July 2010 and the amount of that person’s involvement; and • The billing and fee structure, including expenses (travel, etc.) of the proposed facilitator(s) and all persons who will assist the proposed facilitator(s) in the facilitation process. Respondent should estimate the number of hours that each person will spend each month on the project assuming that the process will include approximately 10-12 full-day decision-making sessions over the period from August 15, 2009 through February 15, 2010, some of which may occur over two or three consecutive days, and taking into account the amount of preparatory and follow up work that will be required for each session. Additionally, further specifics are as follows: Attend and facilitate the following RRBC board meetings: September 3 October 1 November 4-5 December 3 Courtyard By Marriot - Moorhead, MN 9:00am Location TBD – Grand Forks, ND 11:00am Ramada - Grand Forks, ND (Nov. 4 afternoon, Nov. 5 morning) Board Retreat Location TBD 11:00am January 19-21, 2010 Attend, facilitate and present at our RRBC 27 th Annual Red River Basin Land and Water International Summit Conference and the board meeting immediately following, Alerus Center, Grand Forks, ND Assist in planning 8-10 public meetings around the basin to solicit public input on long term flood solutions and assist in the processing of feedback. July 14, 2009 - RRBC 5 To the extent possible, the response should be limited to 15 pages. 5. ADDITIONAL SERVICES PROVIDED The facilitator will work with the RRBC Board to frame the preferred long term flood solution basin goals, for example, levels of protection and flows; facilitate the narrowing process for the RRBC to develop the comprehensive flood solution project list, and assist the RRBC Board in identifying obstacles to realizing the ideal comprehensive solution, such as the permitting process, jurisdictional differences, laws, and regulations. 6. RIGHTS RESERVED The RRBC expressly reserves the right to accept or reject any and all statements submitted; and is under no legal requirement to execute a resulting contract on the basis of this RFP and intends that the material is to be provided only as a means of identifying the various consultant alternatives. This RFP does not commit the RRBC to pay any costs incurred prior to execution of a contract. Issuance of this material in no way obligates the RRBC to award a contract or to pay any costs incurred in the preparation of a response. The RRBC specifically reserves the right to vary all provisions set forth at any time prior to execution of a contract where it deems it to be in the best interest of the RRBC. July 14, 2009 - RRBC 6