HomeMy WebLinkAboutStaff Report 5.B 9/8/2014DATE: September 8, 2014
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan S-t-f36fu .ASCE — Director, Public Works and Utilities
Leah Walker P.E. — Environmental Services Manager
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreement with Daily Acts for Ongoing Water Conservation and Stormwater
Pollution Prevention Education and Public Outreach Campaigns
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Authorizing the City
Manager to Execute a Professional Services Agreement with Daily Acts for Ongoing Water
Conservation and Stormwater Pollution Prevention Public Outreach campaigns.
BACKGROUND
The City manages a robust public education and outreach program to meet regulatory conditions
of its water conservation and stormwater management programs. To implement its water
conservation and stormwater pollution prevention public outreach and education program, the
City relies upon the guidance, recommendations and mandates outlined in the National Pollutant
Discharge Elimination System (NPDES) MS4 (Municipal Separate Storm Sewer System)
Permit, the City of Petaluma's Water Conservation Plan (WCP), the California Urban Water
Conservation Council's (CUWCC) Best Management Practices (BMPs), the General Plan, and
the Urban Water Management Plan 2010. The City's existing water conservation program has
resulted in a measurable water savings of 370 acre feet per year which represents an approximate
23% decrease in average day maximum demand water supply needs since 2006.
The program has increased customer participation in City sponsored water conservation
programs by 59%, from 1,115 to 2,758 participants per year over the same period. The WCP
projects that water conservation efforts will account for a total of 2,295 acre feet of water savings
per year at General Plan 2025 build out which corresponds to a 20% overall decrease from its
peak demand year. The WCP and the CUWCC state that water conservation is the most cost
effective and economical new water supply offset source currently available to the City of
Petaluma, and identifies a public education and outreach program as necessary to help the City
achieve this goal.
Agenda Review:
City Attornev Fiance Director City Manager �C 1
On February 5, 2013, the State Water Resources Control Board adopted Order Number 2013-
0001-DWQ establishing a permit for small municipal separate storm sewer systems (MS4s). The
permit became effective July 1, 2013 and will expire on June 30, 2018. Each year of the permit
has increasing requirements for program implementation and reporting. Public Education and
Outreach, addressed under section E.7 of the permit, requires action by the City during the first
and second years of the permit. During the first year of the permit City staff elected to achieve
the goals of public education and outreach by contributing to a regional effort through the
BASMA Phase II permit committee and implementing a jurisdictional program focused on the
requirements not covered by the regional program. While these efforts have been sufficient to
meet requirements thus far, more effort is needed to meet requirements for subsequent years as
outlined in the City's MS4 Permit.
Since 2006, the water conservation public outreach program has consisted of successful
workshops, tours and seminars in topics such as sheet mulching, water efficient landscaping,
watershed education, rain water and grey water harvesting, recycled water and general water
conservation education. Daily Acts of Petaluma has provided outreach services in connection
with this program since 2010. This is the level of effort now needed for the stormwater program,
and will piggyback well with the existing water conservation program. The MS4 permit requires
the development and dissemination of education materials covering various topics and the
establishment of a Program Effectiveness Assessment and Improvement Plan to verify outreach
to target audiences.
A greater number of workshops and seminars will be offered to residential and commercial
customers to help meet all mandates for stormwater pollution prevention and for water
conservation. The increase in workshops will include a new water efficient landscape
maintenance training component where ongoing landscape care will be provided by workshop
attendees to all City facility landscape retrofits that have occurred or will occur through this
outreach program (Cavanagh Center, City Hall, County Library, Police and Fire Stations).
Providing landscape care with volunteers for these City landscape features will offset Parks and
Building Maintenance division staffing needs for these areas.
The proposed action meets Council Goal: "Plan for the future."
DISCUSSION
To generate a competitive selection process, staff circulated a Request for Proposal (RFP) among
11 interested vendors and advertised in the Argus Courier. However, only one proposal was
submitted by the current outreach program consultant, Daily Acts of Petaluma. For the past four
years, Daily Acts has performed the water conservation and education outreach program under
contract to the City. Daily Acts is a Petaluma based non-profit environmental educational
organization that specializes in teaching water conservation, pollution prevention and other
environmental principles to local residents and businesses. Qualified volunteers augment
professional staff to provide these services, thus providing an economical delivery of the
education and outreach activities. The volunteers act as workshop and seminar presenters,
landscape and irrigation system designers and installers and registration and logistic assistants.
These volunteers include professionals in landscape, grey water and rain water harvesting,
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permaculture and other water conservation and environmental related industries as well as
volunteer citizens. Daily Acts has experience providing similar services to the Town of Windsor,
Sonoma County Water Agency, and the Cities of Cotati, Healdsburg, and Sebastopol.
The scope of services includes program planning and implementation; event planning and
presenting; scheduling; staffing; site logistics and preparation; City facility landscape
installations and maintenance training; follow up reporting; marketing and promotions including
the design and development of high quality print and web materials; and social media events.
The program also includes Landscape Assessment District and City facility retrofits featuring
hands-on installation workshops where water conservation and stormwater pollution prevention
components are installed and maintained.
The proposed public education and outreach program continues to build upon the existing water
savings and will assist the City in meeting the water conservation and stonmwater pollution
prevention goals and objectives as outlined in the NPDES MS4 permit, the Water Conservation
Plan, the 2010 Urban Water Management Plan, the City of Petaluma General Plan and the
CUWCC's BMP's as shown below:
Program
Section and Requirements
• Water Conservation Plan
P5 - CII Water Use Surveys - 18 per year.
P 11 -Public Information - 8413 customers.
P17 - Landscape Training Classes - 180 customers / year.
• 2010 UWMP
4.4 - Evaluate Gray water systems.
® General Plan
8-P-5.13 - Expand conservation to further improve the
efficient use of potable water; explore and evaluate
additional opportunities such as gray water and rain water
catchment to offset potable demand.
o CUWCC BMP's
BMP 2 — Public Outreach - at minimum a public
information program shall consist of the following
components:
1) Contacts with the public (minimum = 8 times per year,
i.e., at least quarterly).
2) Water supplier contacts with media (minimum = 8
times per year, i.e., at least quarterly).
3) An actively maintained website that is updated
regularly (minimum = 4 times per year, i.e., at least
quarterly).
4) Description of materials used to meet minimum
requirement.
5) Annual budget for public outreach program.
O MS4 Permit
E.7.a Public Education and Outreach
1) Develop and implement public education strategy.
2) Implement surveys to target audiences.
3) Develop specific storm water messages focused on
local pollutants of concern, target audience, and
regional water quality issues.
4) Develop and disseminate appropriate educational
material.
5) Utilize public input in development of program.
6) Distribute educational materials as defined by the
public education strategy.
7) Convey messages of the benefits of water -efficient and
storm water friendly landscaping
8) Develop and convey messages specific to reducing
illicit discharges.
9) Develop and convey messages specific to proper
application of pesticides.
10) Provide independent, parochial, and public schools
with storm water education material.
11) Develop and convey messages to mobile cleaners,
organized car washes, pressure washing and landscape
irrigation.
12) Conduct storm water friendly education for organized
car wash participants.
13) Develop and convey messages specific to mobile
cleaning and pressure wash businesses.
This agreement will include a social media outreach program including an interactive online
service for program participants to share their program experiences.
City staff recommends execution of the Professional Services Agreement with Daily Acts for the
implementation of the water conservation and stormwater pollution prevention public education
and outreach program.
FINANCIAL IMPACTS
The proposed contract expenditure is $69,180 per year through fiscal year 2016/2017; $57,052
from the water conservation budget (6700.67200.54130); $12,138 from the stormwater budget
(6800.68100.54140). These expenditures are currently included in the City's FY 14/15 adopted
budget.
ATTACHMENTS
1. Resolution
2. Professional Services Agreement and Scope of Services (Exhibit A)
Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH DAILY ACTS FOR ONGOING
WATER CONSERVATION AND STORMWATER POLLUTION PREVENTION
EDUCATION AND PUBLIC OUTREACH CAMPAIGNS
WHEREAS, the Water Demand and Supply Analysis, developed in support of the 2035
General Plan, recormnended a cost effective water conservation program that met sustained
water offset requirements; and
WHEREAS, the Water Conservation Plan was adopted by the City Council in 2008 and has
been developed to offset supply by 448 million gallons per year, with nineteen water
conservation measures; and
WHEREAS, the City of Petaluma's water conservation program is designed to improve the
water use efficiency of its customers by offering innovative conservation programs that currently
achieve sustained water savings of over 370 acre-feet annually; and
WHEREAS, the City of Petaluma's storm water program is required by the State Water
Resources Control Board to meet the requirements of Section E.7.a. of the Phase II Small MS4
General Permit; and
WHEREAS, facilitating a storm water outreach program would support the efficient and
interactive communication between residents and City departments; and
WHEREAS, the ongoing water conservation and stonnwater pollution prevention education
outreach program will assist residential, commercial, industrial and institutional customers in
conserving water and prevent stormwater pollution and will help the City maintain compliance
with the CUWCC BMPs and meet the requirements of the Water Conservation Plan, the General
Plan 2025, the UWMP 2010 and the NPDES MS4 permit; and,
WHEREAS, funding for this education and outreach program will come from the budgets for
the City of Petaluma's Water Conservation and Stormwater programs; and,
WHEREAS, the City prepared, circulated and advertised a request for proposal for the requisite
services to meet the needs of its water conservation and stonnwater management programs; and,
WHEREAS, Daily Acts, a local non-profit educational organization, has successfully managed
and implemented the City's water conservation education outreach activities since 2007 and was
the only qualified vendor to submit a proposal through the City's Request for Proposal process;
and,
WHEREAS, City staff, upon careful review of the submitted RFP for completeness and
competency, recommends execution of a Professional Services Agreement with Daily Acts for
the continuation of the ongoing water conservation and stonnwater pollution prevention
education and public outreach programs.
NOW, THEREFORE, BE IT RESOLVED, that
The City Council hereby authorizes the City Manager to execute the Professional
Services Agreement for Ongoing Water Conservation and Stormwater Pollution
Prevention Education and Public Outreach Program with Daily Acts attached as Exhibit
A to this resolution and incorporated herein by reference in an amount not to exceed
$69,180 per year for a three year term terminating June 30, 2017, upon provision of
certificates of insurance and other required documentation acceptable to the City
Attorney and City Risk Manager.
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Exhibit A
PROFESSIONAL SERVICES AGREEMENT
Public Outreach Campaign for Water Conservation and Stormwater Pollution Prevention
(Title of Project)
FY 14115
Fund # 6700
Exp. Acct # 67200
Project # 54130
Amount $57.052.00
For multi-year contracts or contracts with multiple accounts:
FY 14115
Fund # 6800
Exp. Acet. # 68100
Project # 54140
Amount $12.128.00
FY 15116
Fund # 6700
Exp. Acct. # 67200
Project # 54130
Amount $57.052.00
FY 15116
Fund # 6800
Exp. Acct. # 68100
Project # 54140
Amount $12.128.00
FY 16/17
Fund 46700
F.xp. Acct. # 67200
Project=" 54130
Amount $52052.00
FY 16117
Fund # 6800
Exp. Acct. # 68100
Project P,, 54140
Amount $12.128.00
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of .20 ("Effective Date"), by and between the City of Petaluma, a
municipal corporation and a charter city ("City") and Daily Acts, a local not-for-profit
environmental eduation awareness oruanization ("Consultant") (collectively, the "Parties").
WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing
professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
1. Services. Consultant shall provide the services as described in and in accordance with
the schedule set forth in Exhibit "A" attached hereto and incorporated herein
("Services").
2. Compensation; Business Tax Certificate.
A. For the full performance of the Services as described herein, City shall
compensate Consultant in accordance with the rates suecified in Exhibit A.
B. Consultant shall submit detailed monthly invoices reflecting all services
performed during the preceding month, and including a revised schedule for
performance and additional documentation requested by City, as applicable.
C. Consultant shall be compensated for set -vices in addition to those described in
Exhibit A, only if Consultant and City execute a written amendment to this
Agreement describing the additional services to be performed and the
compensation to be paid for such services. In no case shall the total compensation
under this Agreement exceed $69.180.00 ner vear without prior written
authorization of the City Manager. Further, no compensation for a section or
work program component attached with a specific budget shall be exceeded
without prior written authorization of the City Manager.
D. Notwithstanding any provision herein, Consultant shall not be paid any
compensation until such time as Consultant has on file with the City Finance
Department current information requested on the "Vendor Information" form
available from City, and has obtained a currently valid Petaluma business tax
certificate.
PROFFSSIONAI. SERVICES AGREEMENT (City)
(udanage 11609321) June 2011
E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3. Term. The tern of this Agreement commences on the Effective Date, and terminates on
June 30. 2017. unless sooner terminated in accordance with Section 4. Upon termination,
any and all of City's documents or materials provided to Consultant and any and all of
the documents or materials prepared for City or relating to the performance of the
Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) days after termination of the Agreement.
4. Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Consultant shall be entitled to payment for all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terns and conditions of this Agreement. If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
5. Consultant's Renresentation: Independent Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall; therefore, provide properly skilled professional and technical personnel
to perform all Services under flus Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment.
6. Facilities and Eauiriment. Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
S. Time. Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
9. inspection. Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
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PROFESSIONAL SERVICES AGREEMENT (City)
(iManage 1J609321).lunc 2011 8
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
10. Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations; opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
12. Conflict of Interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and City may, at
its sole discretion, immediately terminate this Agreement. Certain Consultants are
subject to the requirements, including the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such
Consultants subject to the City's Conflict of Interest Code include those whose work may
involve: malting government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Services.
13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Consultant shall perfornm all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Consultant's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
15. Assienment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the full extent applicable, with
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PROFESSIONAL SERVICES AGREEMENT (City)
(iM,nn, 4609121) Lme 201 I 9
the terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
17. Comnlianee With All Laws. Consultant shall fully comply with all applicable local,
state and federal rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Livine Wale Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement as Exhibit C shall be a part of this Agreement for
all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Exhibit C in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof.
19. Discrimination. During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
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PROMSSIONAL SERVICES AGREENIENT (City)
(Manage 9609}21) June 2011 10
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered
by first-class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the accurate transmission thereof. Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a nonbusiness day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 7784360
Fax: (707) 778-4554
Email: cityclerk@ci.petalwna.ca.us
And:
David Iribame. Water Conservation Coordinator
Water Resources and Conservation
202 N. McDowell Blvd
Phone: 707/778-4591
Fax: 707/776-3635
Email: diribame car ei.Detaluma.ca.us
Consultant: Trathen Heckman
Daily Acts
P.O. Box 93
Petaluma, CA 94953
Phone: 707/789-9664
Fax:
Email: trathen(a.dailvacts.ore
21. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
22. indemnification. To the maximum extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ("Indemnitees") from and against any and all liability,
loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, civil penalties and fines, expenses and costs (including, without
limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature, whether actual, alleged or threatened, arising out of or in
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the hidemnitees.
PROFESSIONAL SERVICES AGREEMENT (City)
(61anage d609321) A e 20111 1
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indenurity against the
Indemnitees concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's duty to indemnify under this provision shall not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782.8, as may be amended from time
to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
23. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B-1, attached hereto and incorporated herein by reference. [Indicate attached
exhihit, e.g., "B-1, " .,R " "B-3, » or, "B-4. "]
24.
g-
24. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
25. Litigation. If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant, upon request from City, agrees to testify therein at a
reasonable and customary fee.
26. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
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PROFESSIONAL SERVICES AGREEMENT (City)
(IManap #609321)lune 2011
12
27. Governine Law: Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of Sonoma, State of California.
28. Non -Waiver. The City's failure to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in full force and effect.
29. Severabilitv. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
30. No Tbird Partv Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The Parties
shall mutually agree upon the mediator and shall divide the costs of mediation equally.
32. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to the City for
a minimum period of three (3) years or for any longer period required by law,
from the date of final payment to Consultant pursuant to this Agreement.
B. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years or for
any longer period required by law, from the date of termination or completion of
this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time dining regular business
hours, upon written request by the City Manager, City Attorney, City Finance
Director, or a designated representative of these officers. Copies of such
documents shall be provided to the City for inspection at Petaluma City Hall
when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt
of notices in this Agreement.
D. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's
business, City may, by written request by any of the above-named officers,
require that custody of the records be given to the City and that the records and
documents be maintained in Petaluma City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor in interest.
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PROFESSIONAL SERVICES AGREEMENT (Cuy)
(Nanap 1,6019-31-1) June 201 113
33. Headings. The headings used in this Agreement are for convenience only and are not
intended to aClcct the interpretation or construction of any provisions herein.
34. Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination or expiration of this Agreement.
35. Entire Agreement. This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings. oral or written,
between the Parties in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this document the clay, month and
vear first above written.
CITY OF PETALUMA
CONSULTANT
By I k LO ��
City Manager
Name
ATTEST:y�(-
Title
Ciro Clerk
APPROVED AS TO FORM:
Address
City Staters Lip
City Attorney
T+axpaver I.D. Number
APPROVED:
Petaluma Business Tax Certificate Number
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
file 11,1111
S
PROMSSIONAI SFRVIC17S,\GRHI-.MFN'r ways
1 iAlanery x"09. ? I I lune 2011
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City of Petaluma
Scope of Worlu
Water Conservation and Stormwater Pollution Prevention Education Program
Purpose
To support the implementation of the City of Petaluma's water conservation and stormwater education
programs.
Scope of Services
The City of Petaluma offers water conservation and stormwater education programs geared toward
municipal water and wastewater customers. To maximize water conservation and stormwater pollution
prevention education efforts, the City of Petaluma is seeking an educational outreach partner to
implement a range of education, outreach, and skill -building programs. Specific services include:
outreach program development, planning, marketing and promotion, execution, follow-up and
evaluation and annual surveys to program participants to assist in gauging success of outreach efforts.
Implementation of this Scope of Work will assist the City in meeting its water conservation and
stormwater program goals, enhance integration of water conservation and stormwater education
efforts, provide a mechanism to implement pilot programs and engage citizens and local groups. The
program will also assist the City in meeting the goals and objectives set forth in the City of'Petaluma
Water Conservation Plan, The California Urban Water Conservation Council's Best Management
Practices and the National Pollution Discharge Elimination System (NPDES) Phase 11 Municipal
Storm Water Permit.
Term of Contract
The anticipated start date for implementation of this Scope of Work is July 30, 2014 with a completion
date of June 30, 2017. Each of the Deliverables described in this Scope of Work shall be performed
once per year during the tern of this contract, with the exception of 3c which shall only be applicable
to the 2014/2015 fiscal year.
Deliverable 1: Education & Skill -Building Workshops
la: Develop, promote and facilitate four workshops at the Cavanagh Center (2) and City Nall (2)
demonstration landscape gardens
Workshops shall be 3-5 hours in length and content will be designed so as to provide
participants with the inspiration, skills, and resources to implement water conservation and
stormwater mitigation measures and strategies in their own gardens. Workshop topics may
include but are not limited to: drip irrigation installation, plant selection and low water -use
garden design, pollution prevention, sheet mulching, greywater, earthworks, rain gardens,
rainwater harvesting, Low Impact Development (LID) methods of stormwater management
and rainwater retention, and low-water use edibles. On-site work will emphasize planting,
Im
sheet mulching, earthworks, and pruning. Basic weeding and vegetation maintenance will
occur separately.
Develop and distribute resources and information on Petaluma water conservation and
stormwater programs, and conduct a follow-up survey with all workshop participants.
Promote workshops through local networks and media to encourage the attendance of
Petaluma residents.
Ib: Develop, promote and facilitate two residential turf conversion: workshops
• Workshops shall be 3-4 hours in length and will take place at high profile locations to be
selected in consultation with the City of Petaluma.
• Promote workshops through local networks and media to encourage the attendance of
Petaluma residents.
• Develop and distribute resources and information on Petaluma water conservation and
stormwater programs (including Mulch Madness, Water -Wise HouseCalls and rebate
programs).
lc: Develop, promote and facilitate one commercial lnnf conversion workshop
Workshop shall be 3-5 hours in length and will take place at a high profile location to be
selected in consultation with the City of Petaluma.
Promote workshop through local networks and media to encourage the attendance of Petaluma
residents.
• Develop and distribute resources and information on Petaluma water conservation and
stormwater programs (including Mulch Madness, Water -Wise HouseCalls and rebate
programs), and conduct a follow-up survey with all workshop participants.
Id: Develop, prontole and facilitate one Laundry -to -Landscape and one Shower -to -Landscape
design and installation workshop
• Workshops shall provide participants with the confidence, tools and resources to install a
home -scale Laundry -to -Landscape and/or Shower -to -Landscape greywater reuse system.
• Workshops shall be comprised of two components: 1) a greywater educational talk to provide
information on common systems, system requirements and limitations, information on
protection of residents and household pets from potential pathogens in greywater.-
non-toxic products, rebate programs and code requirements; and 2) a practical, hands-on
design and installation workshop 11or those ready to install a greywater system.
• Provide follow-up support to all workshop participants to help facilitate the installation of
greywater systems.
• Promote workshops through local networks and media to encourage the attendance of
Petaluma residents.
• Develop and distribute resources and information on Petaluma water conservation and
stormwater programs (including Mulch Madness, Water -Wise HouseCalls and rebate
programs), and conduct a follow-up survey with all workshop participants.
Deliverable 2: Educatiott and Outreach
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2a: Itnplentent bvo erlitcatioaal presentations focused on water cottservatiott and storaavater
pollution prevention
Implement two water conservation and stormwater presentations (one general public and one
school) as identified by the City of Petaluma. Presentations may include but are not limited to
PowerPoint presentations and facilitated group discussions. Presentations shall be 1-2 hours in
length.
Presentation topics will be developed in consultation with the City of Petaluma and may
include: greywater, pollution prevention, rain catchment, sheet mulching, irrigation, smart
controllers, etc.
Promote the presentations through local networks and media to encourage the attendance of
Petaluma residents.
2b: Develop antifacilitate one iVater-Smart Neighborhood Your
• In consultation with the City of Petaluma, identify residential properties that can serve as
`model' water -smart households.
• Develop and facilitate Water -smart Neighborhood Tour to provide practical, working examples
of water -smart households.
• Develop and distribute resources and information on Petaluma water conservation and
stormwater programs and conduct a follow-up survey with all workshop participants.
• Actively promote the presentations through local networks and media to encourage the
attendance of Petaluma residents.
2c: Cotuluct outreach to cotttntercial rued imtltestrial accoumts
Conduct outreach to City of Petaluma commercial and industrial accounts to explore
opportunities and challenges to transitioning to water -smart and low -toxin landscapes and
hardscapes.
2d. Conduct tabling and outreaclt at three cotnnttutity events
• Promote the City of Petaluma water conservation and stormwater programs at three community
events, as identified by the City of Petaluma.
2e: Develop Petalumta-specific educational materials and case studies for inclusion on websites
and social media
Develop Petaluma -specific educational materials to support participation in Petaluma's water
conservation and stormwater programs.
Develop case studies, profiles and/or reports to strengthen the case for expanding water
conservation and stormwater programs.
• Provide event and education content for the City of Petaluma website.
2f• Promote Petalmeta-specific water coaservatiot: aizd stornnvater prograttts titrottgh at least four
targeted emails
Send four targeted emails to Petaluma residents about the City's water conservation and
stormwater programs, resources, and events.
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2g: Utilize Public lnprd for the tlevelopurenrt of storm water pollution prevention programs
• Provide opportunities for public participation in the development of the storm water program through
public meeting or a period of public comment during the first year of the contract.
2h: Develop and convey messages specific to reducing illicit discharges to the storm sewer system
• Promote and publicize methods of reporting illicit discharges to the City's storm sewer system
including phone numbers for complaints and spill reporting.
• Distribute information to both internal City staff and to the public.
• Develop and convey messages specific to mobile cleaning and pressure wash businesses.
2i: Conduct education regarding storm water friendly charity, car washes
• Provide education to organizations most likely to preform charity car washes pertaining to discharge
reduction.
Deliverahle 3: Dearottstratiat Landscapes
3a. Implement Cavanagh Center and City Hall landscape Plaiutenarzce Plaz
• Perform regular maintenance of Cavanagh Center and City Hall demonstration landscapes to
ensure that the sites are performing their primary function as ecological landscapes and that
they are esthetically pleasing, free of weeds and that irrigation is operating properly.
3b: Develop and innplenzent Cavanagh Center and City Hall Stewardship Plans
• Increase neighborhood support and stewardship of Cavanagh Center and City Hall
demonstration landscapes through targeted cotmnunity engagement and outreach.
• Integrate Stewardship Plan with Maintenance Plan to maximize volunteer engagement.
3c: Develop and install interpretive signage at Cavanagh Center and City Hall
Install both permanent and seasonal signs at Cavanagh Center and City Hall to increase site
interaction and stewardship. Inforniation on signs shall include but is not limited to: water -use
profile, stormwater pollution mitigation, plant selection and landscape design.
Deliverable 4: Coinnumity Clrallenze
4a: Develop and implement a Community Challenge that ahns to galvanize citizens to take water
conservation: and stornnvater management actions.
Work with the City of Petaluma to develop and implement a Community Challenge with an
emphasis on water conservation and stormwater management.
4b: Facilitate one Community Challenge Workshop
• Develop and facilitate one lawn conversion workshop at a high profile location to be selected
in consultation with the City of Petaluma.
• Develop and distribute resources and information on Petaluma water conservation and
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stormwater programs and conduct a follow-up survey with all workshop participants.
® Actively promote the presentations through local networks and media to encourage the
attendance of Petaluma residents.
Deliverable 5: Proiect Manazement
5a: Facilitate quarterly meetings with the City of Petaluara
® Facilitate quarterly planning meetings with the City of Petaluma to evaluate completed wort:
and to prioritize future efforts.
5b: Provide reports on workshop and outreach events
o Provide summary reports for each workshop and outreach event including contact details of
residents interested in receiving additional water conservation or stormwater information.
® After each presentation and tabling event, provide contact details of residents interested in
receiving additional information.
Timeframes and Costs
Deliverable
1. ;Education and Sldll Building Workshops
la) Demonstration Landscape Workshops
I b) Residential Turf Conversion
1 c) Commercial Turf Conversion
Id) Laundry -to -Landscape and Shower -to -Landscape Workshop
2. Education and Outreach
2a) Two educational presentations focused on water conservation and stormwater
2b) Water -wise Neighborhood Tour
20 Outreach to commercial and industrial accounts
2d) Tabling and outreach at three community events
2c) Petaluma -specific educational materials and case studies
2t) Targeted emails
2g) Public input
2h) Illicit Discharge
2i) Storm water friendly car wash information
Model Sites
3a) implement Cavanagh Center and City Ball Maintenance Plan
Titnerante I Cost
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3b) Develop and implement Cavanagh Center and City Hall Stewardship Plan
3c) Develop and install interpretive signage at Cavanagh Center and City Hall
3. Community Challenge
4a) Develop and implement Community Challenge
4b) Facilitate one Community Challenge Workshop
4. Project Management
5a) Facilitate four quarterly meetings
( 5b) Provide reports on workshops and outreach events
I
Billing Rates
Role
Total Scope of Work
Rate
$/hour
$/hour
61Pae
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