HomeMy WebLinkAboutStaff Report 12/17/2001 (7)VEG 1 2001
CITY OF PETALUMA, CALIFORNIA
MEMORANDUM
Water Resources and Conservation, LI English Street, Petaluma, CA 94952
(707) 775-4304 Fax (707) 776-3635 E-mail. thargls@dPetalumaxa.us
dPetaluma.ca.us
DATE: November 19, 2001
TO: Thomas S. Hargis, Director of Water Resources and Conservation;7
FROM: Lyml Hulme, Petaluma Water Conservation Program Manager/
SCWA Water Conservation Coordinator
SUBJECT: Answers to City Council Questions about the Water Conservation Program
We have prepared a report that addresses the questions from the July 23, 2001 City Council
meeting about the proposed Residential Water Management Program, The Council asked for
more information regarding the importance of producing videos for use on Community Access
Television and the pilot ET Satellite Controller Program. The City of Petaluma has an innovative
water conservation program that is well recognized. The City is collaborating with local industry
to conserve resources and reduce pollution. The City is helping to set the standard for water
conservation as demonstrated by the Honorable. Lynn Woolsey's "Industrial Conservation and
Efficiency Water Act". This bill, based on pilot programs in Petaluma, would authorize federal
funds to promote innovation and technology transfer in industry wastewater discharge reduction
and water conservation.
Public awareness via marketing is a major element of the city's water conservation program.
Water customers can only take advantage of the water conservation programs and modify
wasteful habits when they experience (see and hear) repeated and consistent messages.
Marketing is a necessary part of business, whether the message is water conservation, selling
hamburgers at McDonalds, providing Red Cross services, or promoting energy conservation. A
small percentage of the population will notice and react with little advertising effort. The rest of
the population is dependent on advertising messages. An effective marketing campaign's goal is
repetition, and frequency of.the message. The City's marketing campaign is ongoing and
continuous to ensure community coverage and support, and uses a variety of local media to
appeal to a wider audience.
The City's 52,000 +/-residents, as a group, consume the largest percentage of City water.
Therefore, the City's current water conservation outreach program targets residential water
customers as a group with repeated messages directed toward indoor (toilets, showers and
faucets) and outdoor (irrigation efficiency) water conservation. Each year, beginning 1997/98,
we send customers direct mail with applications for the City's toilet rebate programs.
Now we are focusing on messages about the importance of water conservation that are displayed
to residents while they are driving in Petaluma, reading local newspapers, watching television or
Page 1 of 5
visiting various City facilities. It should be noted that our programs, go beyond the requirements
of the best management water conservation programs to reach residents in different age groups
with varied interests, in English and some Spanish. The proposed 2001/02 community outreach
and education program includes regular newspaper ads, water conservation messages on the back
of two Petaluma busses, a water conservation message wrapped around a City vehicle, a portable
touch screen kiosk displaying indoor/outdoor water conservation messages, and water
conservation videos, CDs and streaming videos.
• Newspaper ads are prepared monthly during the irrigation season with the number of
minutes to irrigate landscapes (See sample #1 -Newspaper Ads).
• Water conservation messages will continue to be posted on the back of 2 Petaluma busses
(See sample #2 -Bus Signs).
• A water conservation message will be wrapped on a City vehicle (See sample 93 -Truck
Wrap).
• A portable touch screen kiosk displaying indoor/outdoor water conservation messages
will be displayed at City sites (See sample #4 -Kiosk).
Water Conservation Video Production with Council for Community Television includes different
types of media; video production, transferring video to CDs and encoding videos for use on web
site.
Informational Kiosk
This year we have proposed a portable touch screen information kiosk to reach individuals
attracted to high-tech interactive displays (such as seen at the Smithsonian Institute, Washington
D.C.). Visitors to the kiosk can select indoor water conservation or outdoor water conservation.
They then learn about water conservation principles in the landscape and search through a full -
featured plant database and hot -linked garden image libraries for garden ideas that promote water
conservation. These hot -linked garden images enable the visitor to touch the plants on-screen to
discover the plant types and names, and to retrieve more information and photography for these
water -conserving plants. This is a pioneering system tailored to Petaluma and its regional
landscapes and plants.
The Water Conservation Informational Kiosk cost is $25,650. As an alternative to constructing
the complete kiosk, Staff is going to research cost sharing with other local cities and districts and
North Bay Watershed Association and dividing the project into two phases. The first phase,
costs $17,000, could include indoor conservation selections (with web page style layout) and
outdoor conservation messages combined with a specific database search engine for garden
design and plants that aid in conserving water. The second phase (2002/03 -program year) costs
$8,650 and include kiosk upgrades such as; streaming videos (previously produced and
upcoming City videos on how to read the water meter, measure sprinkler application rates, select
plant material, install drip and/or irrigation systems, fix faucet leaks or replace toilet flappers),
and maps of Petaluma's educational demonstration gardens where visitors can view low -water -
using plants and hot -link garden photos with individual plant photos and information.
Video Project
We are planning to cover and produce videos for three events. The events being considered are
residential water audit (indoor and outdoor water savings techniques); Reducing Outdoor Water -
Waste seminar for landscape professionals; and Saving Water—Saving Energy seminar for local
restaurants. Each video will be aired up to 10 times on Petaluma Community Access Television.
An estimated 12,000 to 17,000 Petaluma residents watch Petaluma Community Access
Page 2 of 5
Television weekly. Video production costs $2,500 per video, which costs the city an estimated
$0.15 to $0.20 per resident viewing the video.
We received email messages from Marsha Vas Dupre, Santa Rosa City Council member, Laurie
Cirivello, Executive Director, Community Media Center of Santa Rosa, Robin Gee with City of
Santa Monica, and others, in support of the value of informing the public using local community
access television. Included are'9 letters of recommendation for Council for Community
Television, Mr. Joe DeVito's shows and how valuable they are for keeping the community
informed. (See attachment #4 -Letters of Support)
Other local water providers using video and television media as part of their water conservation -
marketing program are as follows:
North Marin Water District
• Produced a show on the Water District for community access television
• Regular guest speaker on water conservation topics on community access
television
• Written public service announcements on community access television
City of Rohnert Park
• Written public service announcements on community access television
City of Santa Rosa
• Produced a commercial and aired it on Channel 50.
Sonoma County Water Agency
• Produces water conservation shows for Channel 50
Marin Municipal Water District
• Written public service amlouncements on community access television
• Produced commercials
• Produced a show on water efficient landscapes in Marin County
ET Satellite Controller
The Petaluma City Council approved an agreement to implement the Pilot ET Satellite Program
on July 17, 2000 for $45,000. An agreement between the City and CTSI, a program
management company, was entered into in March 2001. The scope of work included:
• Working with the inventor of the ET satellite controllers, Michael Marian, to purchase
the controllers and broadcast signals for one year.
• Working with and training a landscape management company to install the ET Satellite
controllers and rain shutoff devices, perform outdoor lawn water audits and teach the
homeowners how to program their new controllers.
• Analyze City water customer consumption data to select potential participants and a
control group of customers.
• Design marking and program materials.
• Prepare a final report and presentation including water use evaluation.
In June 2001 CTSI filed for bankruptcy. A new agreement for $59,000, for the Pilot ET
Satellite Controller Project is between the City and Network Services Corporation, the inventor
of the ET satellite controller. Network Services Corporation will coordinate the project
described above, as well as work with Pacific Technology Inc. on project design, utility
economics and evaluation services including, an analysis of water savings and a preliminary
Page 3 of 5
outline of the financial performance of a full-scale project. The information available today
suggests the technical potential to reduce the City's peak summer water demand by
approximately two million gallons per day (mgd). (See attachment #5 -Value of the ET
Controller Pilot Project). Under the SCWA's Memorandum of Understanding for Impainnent of
Water Supply, Petaluma is committed to reduce 1.6 mgd during the 4 summer peak months to
help offset the existing SCWA pipeline transmission systems limited delivery capability.
Marketing Summary
Page 4 of 5
Year One
Year Two
Year three
Year Four
Year Five
(1997/98)
(1998/99)
(1999/00)
(2000/01)
(Proposed
=Tketing
2001/02)
Direct mailings to
X
X
X
X
X
target audience
Press Release(s) in
X
X
X
X
X
local papers
Toilet program
X
X
X
X
X
brochure/applications
Flyers to community
X
X
X.
X
X
groups
Featured speakers at
X
X
X
X
X
community meetings
Sonoma -Marin Fair
X
X
X
X
X
exhibit & staffed
Message printed on
X
X
X
water bill
Paid advertising in
X
X
X
X
local paper
Banner at Sonoma-
X
Marin Fairgrounds
Water Conserving
X
X
X
Videos
Water conservation
X
X
web page
Sign posted during
X
X
X
an irrigation audit
Bill inserted with
X
X
brochures and flyers
Community Service
X
announcement on
KSRO radio
T-shirts with water
X
conservation
message
Bags with water
X
X
conservation
message
Page 4 of 5
Banner across
X
Kentucky Street and
Petaluma Blvd.
Bus -back print ads
X
X
Toilet brochure
X
X
holders at City
buildings, post office
and hardware stores
Web versions videos
X
Transfer existing
X
videos to CDs
Informational Kiosk
X
Message on a City of
X
Petaluma truck
Page 5 of 5
Sample #I—Newspaper Advertisement
HOW LONG ISO YOU RLN YOUR
SPRINKLERS EACH MONTH?
NOW IS THE TIME TO CHECK. YOUR LAWN
WATERING SCHEDULE.
5
1CONSERVATION Tips
s 4r.. o Set S
m 1 prinklers to
s ,'X` .1 4 ` come on before dawn to
Q 2 �"" , ,.! -. G ll.:,.•,`,•_',;. :' .f1h��.... y.tTl n •,v give water time to soak
44 i w� i n ore it evaporates
in the heat of
'''• ''r- ;,;, :-•.- �,.m�s:;t��<:: the sun.
o ....
Apr May . June' Jul Aug SeptCt (Watering Schedule
based on 1.5 " per hour)
Water the lawn in four minute intervals, three times
each night for four days each week in June
CITY OF PETALUMA WATER CONSERVATION PROGRAM
Call us for details on sprinkler application rates
778-4507 14111111�
,�,., www,ci.petaluma,ca.us
Sample #2'--- Bus Signs
Brogan
S �i lir Heads
..
Ul/.aste mater
- n� �� ���} �� _ ��.
Sample 43—Truck 'wrap
CLICK HERE: FILL OUT OUR AUTO -WRAP APPLICATION!
Sample #4—Kiosk
www.gardensoftusa.com
Marketing
•g
Sample #4
Letters of Support
41_0WNam.*Dsft CM 0 CA
P.Q. Box 4525
Petaluma, CA 94954
John Hargis
Production Coordinator
Petaluma Community Access
925 Lakeville Street # 125
Petaluma, CA 94954
February 8, 1998
The Pollyanna Doll Club applauds the efforts of the Petaluma Community Access staff in
publicizing our recent doll show. With such great publicity, over one thousand people
attended the show benefiting the Y.W. C.A. Women's Shelter.
The Doll Club had the pleasure of working with Joe DeVko, Carolyn Toriiatt, and Adam
Pronzinski. These three individuals beamed with enthusiasm and were so generous to
devote their time and talents to our special cause.
The Doll Club would 1-d£e to extend deep gratitude to your staff as you continue to provide
an informational forum for the City of Petaluma.
Sincerely,
Paula Huber
Pollyanna Doll Club President
LYNN WOOLSEY
6TH DISTRICT, CALIFORNIA
COMMITTEES:
SCIENCE
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EDUCATION AND THE
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WORKFORCE
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STEERING
E-MAIL ADDRESS:
WaZW119ta11, �DCL- 20:515-050(3
I ynn.woolsey n maiI,house.gov
WEB PAGE ADDRESS:
hitp://www.house.gov/woolsey(
February 13, 2001
Mr. and Mrs. Harold and Ellen Moorehead
64 Jessie Lane
Petaluma, California 94952-1905
Dear
WASHINGTON OFFICE:
439 CANNON BUILDING
WASHINGTON, DC 20515-0506
TELEPHONE: (202) 225-5161
DISTRICT OFFICES:
1101 COLLEGE AVE., SUITE
SANTA ROSA, CA 9540
TELEPHONE: (707) 542-71 b�
NORTHGATE BUILDING
1050 NORTHGATE DRIVE, SUITE 140
SAN RAFAEL, CA 94903
TELEPHONE: (415) 507-9554
Thank you for contacting me about the importance of water conservation and for sending me
your latest video. I appreciate knowing your strong support for this important issue!
As a long time environmentalist, I have consistently worked hard for conservation measures that
will preserve our water and our planet for years to come. As you may know, I introduced the
"Industrial Conservation and Efficiency Water Act" last Congress. This bill, based on pilot
programs in Petaluma, would authorize federal funds to promote innovation and technology
transfer in industry wastewater discharge reduction and water conservation. You will be pleased
to know that I will reintroduce this legislation during the 107th Congress. I commend you and
the Council for Community Television (CCT) for taking the initiative to promote water
conservation measures. Like you, I believe that highlighting successful programs is a great way
to increase awareness of this crucial issue.
Again, thank's for all that you do for our community.
Sincerely,
Lynn Woolsey
Member of Congress
LW:sl
PRINTED ON RECYCLED PAPER
518'B'STREET
POST OFFICE BOX 285
PETALUMA, CA 94953
Jv� J e.V` U
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April 9, 2001
Joe Devito
C/o Petaluma Community Access
333 Casa Grande Road
Petaluma, CA 94954
Dear Mr. Devito,
I would like to thank you, on behalf of Rebuilding Together with Christmas in April, for
airing our video on cable television. It is truly people like you who make Petaluma a
better place. By using your talents and opportunities, we were able to reach segments of
the population who would otherwise have been.unaware of the work that we do.
You have truly helped to'make a difference in the lives of many poor, elderly and
disabled people in Petaluma. We thank you for the help with our program and for the
help you give to other non -profits in the area.
I would also like to tell you that I enjoy your program. It is informative, interesting, and
has shown me places in Petaluma that I did not know about until I watched. The show on
the Marina made me schedule a visit after I saw the varied occupations and business
ventures contained inside those buildings. Until then, the only part I knew was the pier
where my son-in-law docked when we went out in his boat.
Sincerely,
ei
Mag I eese
Board Member, Rebuilding Together with Christmas in April, Petaluma
The nation's largest volunteer organization preserving and revitalizing low-income houses and communities
April 1.7, 2000
STORNETTA P.O. Box 750369
FARMS, INC Petaluma, CA 94975-0369
Phone (707)778-8448
FAX (707) 778-0509
Mr. Joe De Vito
Council for Community Television
P. o. Box 251.0
Petaluma, CA 94953
Dear Joe:
I'm not sure I have ever thanked you for your fine work on behalf of the citizens
of Petaluma. I enjoy viewing your programs from time to time. Your service for
our community is commendable. Your commitment to exposing sustainable
agricultural companies is important to a consumer base that otherwise would go
uninformed is very worthy of mention.
Also on behalf of all your help with Ellen Moorehead and her cookbook I say
THANK YOU! Ellen s spirit is very strong. Her dedication to the book has been
unwavering and your help in exposing the "Bounty of the County" to the
community means a lot to all of us.
Please keep up the good work.
Sincerely,
Dante B. Benedetti
President
91 Lakeville Street . Petaluma, California 94952
AAdvanced
®� =
Te/Com
Group, Inc.
19 Old Courthouse Square
Santa Rosa, CA 95404
(707) 285-4000
Fax (707) 284-4096
May 1, 2000
Mr. Joe DeVito
www.callatg.com Council for Community Television
PO Box 2510
Petaluma, CA 94953
Dear Mr. Devito,
I'd like to express'my appreciation for the first installation of TechTown that was
videotaped at Advanced TelCom Groups Santa Rosa central office. We have received
numerous comments from people who had seen the program on Petaluma Public Access.
We even obtained new business from an individual interested in using our services. He
had been unaware of our local capabilities until seeing the "Television Tour".
I wish you and your people continued success.
Sincerely,
Terry Tomasini
ALU
U o O
CE TN
June 2, 1999
Karen Copening, Administrator
Petaluma Community Access
925 Lakeville St.
Petaluma, CA 94954
Dear Ms, Copening:
For the past several months Jessica Vann Gardner, Director of the Petaluma Visitors Program has been
working with Joe DeVito, Producer of "Talk of the Town" to promote the outstanding colorful family-
oriented events that Petaluma has to offer.
The show has proven to be a valuable source of information to the community and has grown to include
other topics of interest.
I have heard several positive comments related to the show, i.e. that Joe DeVito is doing an excellent job
of getting the word out about exciting things going on in our community. I have also learned, through
PCA, of interesting projects and activities of interest to me.
I congratulate Joe and PCA for their continued commitment to the community.
Sincerely,
Sondra K. Costello
Promotion Coordinator
Pvp/m cd ia7cartap(PCAJD V699
Petaluma Visitors Program Phone: (707) 769-0429 + Fax: (707) 762.4721 + E-mail: poccinfo@pelalumo.org
Pelaluma Area Chamber of Commerce + 799 Baywood Drive, Suile #I + Petaluma, CA 94954 + www. business 1 .com/pefoluma/
Joe Devito
Around Town
P.O. Box 25'10
Petaluma, CA 94953
June 5,2000
Joe,
I have for some time wanted to drop you a note to say, thanks. I appreciate the
work that you do for Community Access TV, and the exposure you have given
JCPenney here in Petaluma. Without the local community our store would, no
longer be here. Your personal involvement with the "Atocha" exhibits (which
aired on Around Town) made all the difference to the success of those two
events. The community interest was overwelming.
Your unwavering commitment to the community is to be commended.
Thank you,
Sandy Knottenbelt
Store Manager
JCPenney
157 N. McDowell Blvd
Petaluma, CA
April 20, 2000
Dear Chip,
ChildSpree '99 was a huge success. The business community
in Petaluma supported our program with money and volunteers. The
children who came to ChildSpree were appreciative and it was wonderful to
see their smiling faces after they shopped.
I would like to thank you for bringing our program to the
community. The interviews and video you took heightened the community
awareness to this important program.
We know that ChildSpree 2000 will benefit from the exposure
our 1999 program had with "Around Town" Television coverage. Thank
you again for all your support, and we hope to see you in August.
r Sincerely,
Ro Martinez
Community Relations Director
July 27, 2001
Lynn Hulme
City of Petaluma
Water Conservation Department
Fax #: 781-9590
Dear Lynn,
I received a call from Joe Devito asking if I could provide
input/comment about the apparent value of cablecasting public meetings
in Santa Rosa.
We have been doing this for four years. We began with just Council
Meetings. In response to community demand, we have added School Board
meetings, Planning Commission meetings, and coverage of other public
forums surrounding issues such as housing and garbage contracts.
While we do not subscribe to a commercial ratings service, I can attest
to the fact that our community values these meetings. When there is a
technical glitch in coverage, we receive calls from viewers; viewers
have rushed down to Council meetings when seeing an upcoming agenda
item; we received numerous requests to begin coverage of planning
commission and the Council unanimously voted to authorize such
coverage.
In addition, we have begun producing and airing short community
information pieces of 5 minutes or less that are inserted during breaks
in the Council Meetings. These pieces have provided valuable promotion
for City activities and I receive excellent feedback from viewers about
these.
Most helpful could be feedback from Council Members themselves who
spoke
highly of the value of the service during our (The Media Center's)
recent contract renewal. They know first hand from the comment received
by viewers about the work of the Council.
If there is other information I can provide, please don't hesitate to
contact me.
Sincerely,
Laurie Cirivello
Executive Director
Community Media Center of Santa Rosa
569-8785 x26
Lynn Hulme
om: Marsha Vas Dupre [marsha@ap.net]
bent: Tuesday, July 31, 2001 2:28 PM
To: Ihulme@ci.petaluma.ca.us
Cc: Laurie Cirivello
Subject: Importance of Cable for Public
Dear Lynn,
Following the letter you re e d, from Laurie Cirivello, I concur.
The thorough process of informing the public is enhanced by the cable
productions of governmental meetings. Thank you.
Sincerely,
Marsha Vas Dupre
Santa Rosa City Councilmember
E-mail: marsha@ap.net
Lynn Hulme
From: Robin GEE [robin-gee@ci.santa-monica.ca.us]
Sent: Tuesday, July 31, 2001 4:49'PM
To: Ihulme@ci.petaluma.ca.us; aroundtownty@hotmaii.com
Subject: Government Access in Santa Monica, CA
Dear Lynn,
Joe DeVito asked that I drop you an e-mail to speak out in support of
government access channels and city council meeting coverage. We have
been doing it for over 13 years in Santa Monica. Our council meeting
coverage is our most watched show. The coverage increases participation
in local government, makes it easy for those unable or unwilling to
drive to City Hall to learn what is happening and support the idea of an
informed electorate. Our City Council is sold on the value of the
meeting coverage.
If you need more information, please let me know.
Also, there is a consultant who could assist you in these types of
matters who lives fairly close to you, his name is John Risk and he does
a lot of consulting work for City governments.
Thanks,
Robin Gee
08/03/01 FRI 11:26 FA -T 707 769 6799
Lynn Hulme
Water Conservation Department
City of Petaluma
KINKOS PETALUMA
From the desk of...
GLORIA MCMAHAN.
August 2, 01
1a002
Dear Lynn:
Working with Joe De Vito during holiday season before Christmas, the Petaluma
Salvation Army Bell Ringers were featured in a video to show the purpose of
little red kettles for donations.,,.
In preparing for the Christmas season,,captain Briars Hoover stated that the
PCA video allowed people in the community to see what was going on at the
Salvation Army without any distractions, and it focused on their date
needs:
When I was ringing bells to represent our Board members, I received bigger
contributions because I had been seen on the video with Joe, Explaining the
purpose of giving to the needy through red kettle donations..
Thanks to Public Access TV, there was a noticeable reaction last ,season, and
we also received inquiries from volunteers who wanted to participate in our
programs -
Petaluma is certainly lucky to have its own local tv programs, and hopefully
wecdn utilize local talent to iz:form the growing camnunity of all the helpful
organizations in our charming tc i .,
Sincerely, Gloria McMahan
1413 Capri Avenue
Petaluma 94954'
PH: 763-0802
Lynn Hulme
From: Hamish Hafter [hhafter@mishi.com]
Sent: Friday, August 03, 2001 10:44 AM
To: 'Ihulme@ci.petaluma.ca.us'
Subject: Testimonial
Dear Lynn:
Joe De Vito asked me to write a short testimonial regarding the
effectiveness of the piece that was done last year on the water
conservation
issue.
Sometine in the latter part of 2000 the Petaluma Community Access
channel
filmed a piece on water conservation specifically showcasing Mishi
Apparel
and the efforts made to reduce water usage in its dyeing operations.
The
piece filmed was extensive.and shown many times on th-e Community Access
Channel. For about a three month period, when the piece was aired
frequently, I had a number of experiences both at parties and when I was
out
and about in town, where people would tell me that they had seen the
piece
and thought that the conservation program was a graet effort that people
felt was good thing for their community. In my opinion there was
graeter
community awreness in regards to this issue specifically because the
piece
was aired on Community Access. I think that it is important that the
City
of Petaluma continue to support this means of bringing important and
relevant issues to the community.
Hamish hafter
Mishi Apparel, Inc
1
FROM : PetalumaNet FAX NO. : 7077626593 Aug. 05 2001 09:18PM P2
August 5. 2001
Ms. Lynn Hulme
Water Conservation Department
City of Petaluma
I l English Street
Petaluma, CA 94952
Dear Ms. Hulme:
RE: Using Petaluma Community Access to inform the public about water conservation
In. this "Age of Information," it is imperative that the citizenry of any community have a variety
of communication methods through which municipal issues, concerns and opinions may be
expressed. l appreciate the use of television that the Water Conservation Department has made
to keep us informed. Our household is a frequent viewer Of PCA Channels 26, 27, and 28.
With the diversity of life styles in our growing community, our municipal affairs should be
available on the city's website, in the local newspapers, as well as on radio and television. 1
fully support your efforts to mare maximum use of these forms Of communication in order to
perform your duties and to fulfill your responsibilities to the citizens of our community.
Sincerely yours,
Bill piammerman
Volunteer Cybemaut
433 Black Oak Drive, Petaluma, CA 94952
Tel/Fax: (707) 762-6593 whani mer4petalunanetnorg
August 15th, 2001
Binky Thorsson
Petaluma Sea Scouts
P.O.Box 2691
Petaluma, CA. 94953
Ms. Lynn Hulme
Water Conservation
11 English Street
Petaluma, CA. 94952
Redwood Empire Council, B.S.A
•
Q
RE: Community Access Television
Dear Ms. Hulme,
I just wanted to take amoment and tell you how important it is to be on Community
Access Television. My sister who lives on the. east side of town, wanted to
participate in your toilet exchange program. She called me and asked me if I
received the information on the toiltet exchange, or knew. where she could get a
hold of it? I told her that I saw it .on Community Access T.V. So she..tuned in and .
got just the information she needed.
Thank you for making this information available. You are doing a big service to our
citizens, along with Community Access Television.
I have had more people tell me they saw the Sea Scouts doing the river clean up on
Community Access T.V. I didn't realize so many people watched this station.
They couldn't get over seeing city official people (Bryant Moynihan & others)
giving a hand, helping with the dirty work. It helped their outlook and feelings of
some of our leaders.
With.Community Access T.V. your getting the good word out to everyone! Please
continue your enthusiasm, and pass this information on to City Council Members.
Sincerely,
o
Binky Thorsson
CTNCF. 1 A?7 .
mr,1 1 1 1 MI
ATTACHMENT #5
VALUE. OF THE ET CONTROLLER PILOT PROJECT
E. B. Orrett, P.E. 15 August 2001
1. EXECUTIVE SUMMARY
A unique information -based technology, created in Petaluma, will reliably deliver the maximum
possible water savings associated with irrigation scheduling. The system level data available
today suggests the technical potential to reduce the City's peak summer water demand by
approximately two million gallons per day. Beginning with technology that exists today for
residential landscapes, it appears that the average cost for saving water — if all possible houses
are addressed, not just the big users — is comparable to the cost of increasing the peak supply by
investing in additional wells and storage. When this irrigation control technology is extended to
serve commercial sites, the unit cost for saving water is expected to decrease by a factor of three.
This will make the cost for a citywide program (serving both residential and non residential
landscapes) comparable to the cost currently given for expanding SCWA's surface water system.
The irrigation efficiency technology is likely to reduce Petaluma's peals water demand more
reliably, at less cost (considering probable trends), and with fewer environmental impacts than
competing supply measures. Horticulturally correct irrigation also improves plant health, avoids
premature failure of adjacent paving, saves time otherwise spent adjusting time clocks, and
reduces the mass of pollutants transported downstream from landscapes. As a technology that
appears a smart choice purely from a water supply standpoint, and that offers additional value to
water utility customers, this suggests a new source of revenue for the water utility: a service that
provides the functional equivalent of water, and more,
2. OBJECTIVE OF ET PILOT
Develop data suitable for predicting (1) potential water savings in Petaluma, and (2) a financial
structure that will deliver those savings cost-effectively for all parties. This requires taking care
to select participants, measure baseline data, and evaluate results properly.
City Councils traditionally have few viable alternatives from which to craft water policy.
Although there is increasing public demand for more effort to reduce water demand, there is so
little hard evidence to support such programs relative to increasing supply that the latter
invariably commands the majority of the budget. This project will provide evidence to expand
the range of options.
3. CONTEXT
Figure 1 illustrates the water demand trend that drives City water policy.
Page 1 of 9
Figure 9
20,000
16,000
E
d
0 8,000
r
ca
4,000
0
yo
---------------------------------- ----------:----------------------------------- ---
Actual
--Trend
ti�6o ^11b
t0 h°��O ���0 ry040 ���o 1P
04 ryo„�O
The SCWA Urban Water Management Plan 2000 (UWMP) describes a strategy that responds to
this trend. This, as followed today by the City of Petaluma (e.g., with increased near-term
reliance upon groundwater), is used herein as a baseline for establishing the context in which
efficiency programs, and especially the proposed ET -based irrigation controller, may be
evaluated. It is understood that the Water Resources Plan to be prepared by Black & Veatch (as
part of the City's new General Plan), which will evaluate groundwater, urban reuse, SCWA's
surface supply, and demand management may lead to adjustments in the UWMP strategy.
The 2000 Urban Water Management Plan, as depicted by Figures 2 and 3, reflects all three
responses available to the City Council:
• Increase Supply
o Local groundwater (at least to meet near-term peak demand)
o SCWA Surface Water Supply and Transmission System
• Reuse wastewater
• Manage Demand
o End use efficiency
o Tiered rates (not in the UWMP, but planned for Petaluma)
Page 2 of 9
Figure 2 CITY OF PETALUMA
Source: SCWA 2000 Urban Water Management Plan
16, 000
14,000
12,000
U- 10,000
% 8,000
E 6,000
N
4,000
2,000
0
2000
2005 2010 2015 2020
❑ Efficiency
En Surface Water
® Urban Reuse
❑ Groundw ater
Page 3 of 9
The allocation in Figure 3 reflects the changing nature of human relationship with water. Long
reliant only upon surface and groundwater supplies, reuse and demand management are entering
the mix.
Table 1
WATER SUPPLY ATTRIBUTES
New Supply
Reuse
Demand
Management
Prof. Experience
Millennia
20 years
10 years
Cost Trend
Rising
Rising
Decreasing
New Supply
Water resource policy is underlain by a history of diverting water from nature as long as humans
have been on the planet. The training of civil engineers — beginning prior to the Roman Empire
— is steeped in this experience. As human population expands against resource constraints,
however, the cost of expanding the capacity of water supplies is rising rapidly.
Reuse
In response to the resource constraints faced by traditional water supply projects, the technology
and institutional capability for reusing wastewater is increasing rapidly. Although technical
advances are being made, costs are rising in Petaluma due to the need for tertiary treatment, more
energy and chemicals, and new distribution infrastructure., As costs rise with centralized
systems, however, onsite reuse technologies will become cost-effective and provide additional
means for reducing the demand on traditional sources.
Demand Management
Professional attention to Demand Management is just corning into play. Although there have
been important gains in fixture efficiency (e.g., mandated ultra low flow toilets), the information
required to develop water efficiency programs with predictable performance is just beginning to
become.available. Programs in the 1980s were supported with little more than anecdotal
evidence. Programs in the 1990s were improved with information from broad statistical surveys.
Precise engineering data — e.g. AWWARF's 1999 "Residential End Uses of Water" (with John
Nelson), and that developed in the City of Petaluma's demonstration industrial projects — is only
now becoming available. Additionally, water efficiency technology, their delivery mechanisms,
and water pricing strategies are becoming less expensive and more sophisticated (e.g., the ET
technology proposed for Petaluma will fall in price as sales volume builds). This, and the fact
that these are the only water supply alternatives that are virtually devoid of environmental costs,
will improve value in this sector.
Page 4 of 9
4. FINANCIAL, PERFORMANCE OF ET CONTROLLER
The proposed efficiency technology saves water by controlling the delivery of water to the
precise volume required by the landscape. This is determined by site conditions (e.g., plant type,
root depth, degree of shading, irrigation devices, soil type, slope), actual evapotranspiration (e.g.,
solar radiation, wind speed, temperature, etc.; these data transmitted to the controller
automatically via wireless technology), and user preferences (day not to water, scaling factor up
or down from ET). The example below (Figure 4) demonstrates the potential for one building
where actual water use and landscape data are available. Over watering is apparently not
uncommon among office buildings in the United States.
Figure 4
ET Technology: Petaluma Commercial Site
8,000
cL7,000
----------------------------------------------------------------------------------------------------
,
Im
_ Avg (1997-2001)
tO 6,000
--------------------------------------- -- ---- -------- ..........9_w/ WeatherTrak 12
jJ
1
5,000
----------------------------------------------------------------------------------------------------J
0
a4,000
------------- ------------ --------------------------------------------- ------...------ 1
Expected Savings:
#
L3,000
--= -------------- -------- ---- -------------890;004�i/yr-----------------------
:
$2,100/yr @ $1.80/CCF
2,000
---------------------- -------------------------------
a 1,000
-------------- ------------ 1
0
The performance of the proposed ET control technology was estimated on the basis of results
from an exceptionally well-conducted residential pilot project conducted for the Irvine Ranch
Water District (IRWD), the 1995 Montgomery Watson water efficiency study for the SCWA
(this provides data on number of connections and water use broken out by major end uses and
indoor/outdoor volumes), and City records that provide supply volume and peak demand data.2
This is, of course, only preliminary, for there is no Petaluma pilot data to refer to. The Irvine
"...Irrigation practices in office buildings tend to be extravagant. In four of the five buildings studied applications
were between 3 and 8 times the required amounts." AWWA Research Foundation, "Commercial and Institutional
End Uses of Water," 2000, p. 148.
2 Theodore Hunt, Dale Lessick, et alio, Residential Weather -Based Irrigation Scheduling: Evidence from the Irvine
"ET Controller" Study, Irvine Ranch Water District: June 2001, 52 pp. Sonoma County Water Agency Final Water
and Wastewater Efficiency/Avoided Cost Study, prepared by Montgomery Watson and Pacific Technology
Associates: September 1995. City data (numerous spreadsheets) are referenced within a spreadsheet prepared by
Pacific Technology Associates in support of this memo (ET Petaluma Pro Forma.xls).
Page 5of9
data, the best there is, are probably conservative due to IRWD's pre-existing practices that
minimize water use: these include steep inclining rates (up to eight times the basic rate) and
extensive customer education about water efficiency.
Table 2
ESTIMATED PERFORMANCE FOR IRRIGATION CONTROL TECHNOLOGY
Peak Demand
Annual Savings
Application
Reduction (mgd)
Unit Cost
(AF/yr)
Technical
Technical
Potential Expected
$/mgd
Potential Expected
Residential
0.67 0.34
$8,990,000
303 151
Non Residential
1.38 0.69
$2,880,000
619 309
Citywide
2.05 1.02
$4,010,000
922 461
Notes
Peak Demand.* flow during the average day of the peak month
Assumed percentage of market served. 50%
Unit cost calculated over 20 years with discount rate of 6% (total resource cost basis)
Note: unit cost will decline if service. is limited to large users
Does it make sense to invest in technology to reduce the City's water demand at the above cost?
Although the answer deserves more than a simple cost analysis (this does not capture other
factors, such as reliability, equity, pollution prevention, subsidence, habitat preservation; etc.),
this is a reasonable place to begin.
Somewhat better known, perhaps, than the cost of saving water is the cost to supply more. The
City's latest Capital Improvement Plan gives information about the cost to develop the next
increment of groundwater supply, along with storage, to help address the peak summer water
demand. The future volume of water that may be counted on from these new wells can only be
loosely estimated at this point — the necessary groundwater basin evaluations have not yet been
made. Similarly, an SCWA document provides the latest estimate of capital costs associated
with the new facilities described in the 11 th Amended Agreement (amongst contractors and the
Agency), Although water supply costs are often described in terms of average costs, it is
important to be aware of the marginal cost that is, the cost incurred to develop the last element
of supply. This is the price signal needed to guide policy choices toward their most
economically beneficial conclusions. Table 3 summarizes the information used to estimate the
marginal cost for Petaluma's two sources of new supply. The marginal cost of related policy
options — urban reuse and various efficiency measures — is not presented here due to the time
required to assemble and evaluate the information properly.
3 Memorandum from Randy Poole to the Sonoma County Board of Supervisors addressing the Water Supply and
Transmission System Project Economic and Financial Report (11 Jan 01).
Page 6 of 9
Table 3
ESTIMATED COST TO SAVE OR SUPPLY IRRIGATION WATER
APPROACH Peak Volume Capital O&M Lifecycle
gl/day gl/yr $ $/yr $/peak qpd
Save (w/ ET Controller)
Residential
98
14,000
$225
$48
$9
Non residential
1,055
155,000
$950
$144
$3
Supply (delivery and incremental
storage costs
only)
New Groundwater
High Yield
1,000,000
146,600,000
$3,374,000
$80,519
$4
Low Yield
500,000
73,300,000
$4,561,000
$40,260
$10
New Surface Water
4,800,000
704,000,000
$19,503,009
$126,722
$4
Peak: flow removed or supplied during the average day of the peak month (July)
Savings estimates: for average customer with an existing automated irrigation controller
New Groundwater: does not include potential treatment costs to improve water quality
High Yield: yield and cost based upon earlier field of wells drilled by the City
Low Yield: anticipates diminished returns of new wells, particulary during dry years
New Surface Water Petaluma's cost of WSTSP, w/o potential extras (e. g., filter plant).
Figure 5
CITY OF PETALUMA
Estimated Marginal Water Cost
=m,
v $4
0
1W $2
c
$0
�G�
Page 7 of 9
Figure 5 suggests that with the data available today, ET -based irrigation control technology will
save water for the average residential irrigation system at a cost comparable to that of supplying
it via new wells. The public cost for saving water for this application may of course be reduced
by transferring some of the cost to homeowners (justified by the service features), selecting only
large users, and by addressing new installations, where the relative cost of the controller is
essentially zero (its price is comparable to a traditional "dumb" controller).
When a controller of comparable technology becomes available for the commercial market, the
cost of saving water will decrease significantly because non-residential customers typically use
far more water. The unit cost for saving water via a citywide program — one addressing all
residential and non residential automatic irrigation systems — will therefore fall to a level
approximately equivalent with the projected cost for delivering water via SCWA's new facilities.
The available data indicates that water savings achieved via the ET -based irrigation control
strategy is within the ballpark of today's marginal water supply. costs. These costs are likely to
increase, however, making efficiency a better bargain. Groundwater in Petaluma, for example,
may require expensive treatment, especially for arsenic. Additionally, as more groundwater is
extracted, overdraft conditions, similar to those experienced today in Penngrove and Cotati, will
inevitably occur and will constrain production. Discussion about potential additional work
needed to expand the surface water supply (e.g., projects associated with protecting endangered
species, expanding SCWA's water permit, and issues related to the Potter Valley Project)
suggest that the marginal supply cost estimate for that source is likewise conservative.
4. INTEGRATED WATER POLICY
Assuming criteria are identified for bringing this irrigation control technology into the mix of
cost-effective programs for the City, there are two important ways it will support related water
policy strategies.
• Tiered Water Rates: the potentially large jump in fees awaiting customers with over -
irrigated landscapes can be avoided (if standard fees are based upon a water budget) when
the ET Irrigation Control technology is offered simultaneously: thus a carrot may be offered
along with the stick of increased fees.
® Commercial / Industrial Incentive Program: It is important to offer customers simple
no- and low-cost ways to experience significant water savings, for this will provide
momentum helpful to support more intensive efforts (e.g., investing to improve
manufacturing processes). The proposed technology will complement the City's
commercial toilet program in this regard.
5. TRANSFORMATIVE POTENTIAL FOR THE CITY
The Irrigation Controller proposed for this pilot project is an example of a disruptive technology:
it is so far advanced relative to existing technology that it is likely to transform the market. This
is an information -based technology that uses intelligence to provide a service — a service that
results in less water use.
page 8of9
Municipal water utilities have long focused on the volume of water supplied as the primary
measure of performance. However, customers purchase water not so much to have water, but to
have clean clothes, sanitation, and healthy landscapes. Given the increasing cost for providing
additional clean water, it is attractive to consider introducing services that directly provide what
customers want. The ET Controller is an example. Water customers who install this device will
appreciate a healthier landscape, water bill reduction, and no more fussing with a controller; the
City will realize reduced demand and increased customer satisfaction. To make this happen, the
City can introduce the practice of offering complementary services along with water, and charge
for them with additional line items on the bill. The signaling fee required by the ET controller is
an example of such a service — the City could negotiate a contract for providing the ET data
automatically to all its customers, and recoup this with a service fee added to each bill when a
customer installs the technology. The service fee would be sufficient to cover all associated
costs for the program, thus making it revenue neutral.
Page 9of9
C) resolution Approving A Professional Services
Agreement For Furnishing Materials And Services
For water Conservation Marketing With Council
For Community Television, And
CITY OF PETALUMA, CALIFORNIA
AGENDA. BILL
AL,enda Title: WATER CONSERVATION PROGRAM Meeting Date:
(Items A & B have been approved at the July 23rd Cit} Council meeting, Items C December 17, 2001
& D are continued from,the July 23, 2001 meeting)
C) Resolution approving a professional services agreement for furnishing
materials and services for Water Conservation Marketing with Council For
Community Television, and D) Resolution approving a professional services
agreement for furnishing materials and services for Evapotranspiration (ET) Pilot
Program with Network Services Corporation
Department:
Director:
Contact Person:
Phone Number:
Water Resources &
Thomas S. Hargis
Steve Simmons
778-4560
Conservation
G�
Lynn Hulme
778-4507
Cost of Proposal:
Program for FY 2001/02.
Account Number:
MORE OF THE 1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999 AND
$73,080
Sonoma County Water
Reviewed by Finance Director:
Reviewed by City Attorney:
Date:
Agency Amendment #11
Amount Budgeted:
Date:
Funds - $73,080
Revision # and Date Revised:
File Code:
Name of Fund:
# 1 - November 21, 2001
$73,080
Water Conservation Capital
Improvement Protect #9931
-Attachments to Agenda Packet Item:
.eference Documents: 1) July 23, 2001 Agenda Bill.
-Action Documents: C) Resolution approving a professional services agreement for furnishing materials and
services for Water Conservation Marketing with Council For Community Television, and D) Resolution approving
a professional services agreement for furnishing materials and services for Evapotranspiration (ET) Pilot Program
with Network Services Corporation
Summary Statement: The City of Petaluma Water Conservation Program for FY 2001/02 includes
development and implementation of various water conservation measures that will reduce the amount of water
used by the customers of Petaluma's Water Utility Systems, reduce the amount of water discharged to
Petaluma's Wastewater Treatment and Disposal System and reduce summer peak water demand caused
mainly by outdoor watering. The professional services agreements listed above were deferred from the July
23, 2001 meeting for an evaluation of cost benefit of educational programs and water savings. These
agreements are needed to implement various programs outline in the City of Petaluma Water Conservation
Program for FY 2001/02.
Council Priority: THIS AGENDA ITEM IS CONSIDERED TO BE PART OF, OR NECESSARY TO, ONE OR
MORE OF THE 1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999 AND
MARCH 18, 2000. Priority(s): Water Conservation Supply Issues
Recommended City Council Action/Sug2,ested Motion: Adopt Resolutions listed above.
Reviewed by Finance Director:
Reviewed by City Attorney:
Date:
Approved by City ManaLer:
Date:
Date:
oday's Date: June 8, 2001
Revision # and Date Revised:
File Code:
# 1 - November 21, 2001
sAwater resources & conservation\conservation\ag
HI wtr consery rev.doc
CITY OF PETALUMA, CALIFORNIA
�. DECEMBER 17, 2001
AGENDA REPORT
FOR
WATER CONSERVATION PROGRAM
(Items A & B have been approved at the July 23'd City Council meeting, Items C & D are continued ftom the
July 23, 2001 meeting)
C) Resolution approving a professional services agreement for furnishing materials and services for
Water Conservation Marketing with Council For Community Television
D) Resolution approving a professional services agreement for furnishing materials and services for
Evapotranspiration (ET) Pilot Program with Network Services Corporation
EXECUTIVE SUMMARY:
The City of Petaluma Water Conservation Program for FY 2001/02 includes development and implementation
of various water conservation measures that will reduce the amount of water used by the customers of
Petaluma's Water Utility Systems, reduce the amount of water discharged to Petaluma's Wastewater Treatment
and Disposal System and reduce summer peak water demand caused mainly by outdoor watering. The
professional services agreements listed above were deferred form the July 23, 2001 meeting for an evaluation of
post benefit of educational and water savings. These agreements are needed to implement various programs
,cline in the City of Petaluma Water Conservation Program for FY 2001/02.
BACKGROUND:
This is the 5t' year that the City of Petaluma and the Sonoma County Water Agency have cooperated in
administering the City of Petaluma's Water Conservation Program. Each year the City's water conservation
program is modified and improved based on the successes and lessons from previous years. Cost -benefit
analyzes will be added to the City of Petaluma water conservation program next year when water consumption
records are available.
Goals of the Petaluma Water Conservation Program:
Reduce water use by 1,000 acre-feet per year by the year 2015 through urban reuse and water
conservation program implementation. Urban reuse goal is 600 acre-feet per year. The City's urban
reuse program will include irrigating Rooster Run Golf Course with secondary recycled water until
tertiary recycled water becomes available. The City's water conservation savings goal is 400 acre-
feet per year.
Reduce water discharged to Petaluma's Wastewater Treatment and Disposal System. The City is
plamling to replace, expand and update the existing wastewater treatment plant.
Reduce summer peak water demand by implementing landscape irrigation water conservation
programs.
The following chart compares the City's water conservation programs with the estimated potential water
savings, estimated water savings after program implementation and the targeted water conservation goal.
Water savings in acre/feet per year.
Water
The Most Current
Conservation
Estimates of Water
Water Saving
Petaluma's Water Conservation Goals
Programs
Savings Potential
From Program
(Before Program
Implementation
Implementation)
400 AF/year
Wastewater
Reduce
Acre/feet per year
Acre/feet per year
Water
Reduction
Summer Peak
Savings
Water
Demand
Commercial
Toilet
62.3
37
X
X
Replacement
Residential
Toilet
86.7
14
X
X
Replacement
Washing
Machine Rebate
9
X
X
Residential
Water
180
X
X
Management
Xeriscape
Education
X
X
Gardens
Commercial
Landscape
190
X
X
Water Audit and
Incentive
Landscape
210
X
X
Standards
Industrial Audit
and Incentive
10
11
X
X
An estimated $2,780,083 of funding maybe available from 1998 through 2009 to the City of Petaluma
(City) for water conservation measures and water reuse programs. These fluids are identified in Petaluma's
portion of the Sonoma County Water Agency's Draft Water Conservation Plan with the goal to reduce water
demands on the transmission system. SCWA staff will be working closely with City to administer the water
conservation programs that include:
• Residential and Non -Residential Toilet Replacement Programs
• Residential and Non -Residential Washing Machine Rebate Programs
• Residential Water Management Program
• Xeriscape Educational Gardens
• Non -Residential Landscape Water Audit and Incentive Program
• Landscape Water Conservation Standards
• Commercial/Industrial Water Survey and Incentive Program
• Apartment Building Sub -Metering Pilot Program
-Residential Water Management Program
ie water management program that was developed to assist City's residential customers with ways to conserve
water and reduce peak water use will be continued. The program focuses on answering the questions: How
much irrigation does your landscape need? How can residents reduce water waste and gutter flooding?
The community outreach and education program will be expanded through regular newspaper ads, feature water
conservation messages on the back of two Petaluma buses, water conservation video coverage of 3 events, and
wrap a water conservation message around a City vehicle. Videos will be aired on community access TV, CD's
will be developed from existing videos and streaming videos will be made for the City web page and Kiosk.
The Pilot ET Satellite Controller Program was delayed until this program year. The targeted participants have
been expanded to include some small City of Petaluma parks, a commercial site and residential customers. The
City will be working with Michael Marian, of Network Services Corp, who invented this new technology.
Xeriscape Educational Gardens
Xeriscape Educational Gardens will be designed and installed at City Hall and the new Public Facilities
building. The plantings will be in keeping with outside safety and building security, water efficiency and
landscape beauty. An interactive water conservation kiosk will be developed to educate the public on indoor
and outdoor water saving techniques.
ALTERNATIVES:
1) Delay either or both till next year.
2) Eliminate either or both.
3) Produce one or two rather than three videos, possible savings of $2,500 or $5,000.
4) Eliminate or reduce streaming videos and compact discs with savings of $1,000 each for streaming
videos (4 proposed) and/or $500 for CD (5 proposed).
FINANCIAL IMPACTS:
The source of funds for the City of Petaluma Water Conservation Program is: Water Conservation
Capital Improvement Project #9931 funded from:
Water Utility Revenues 601-400-9931-7104
Water Utility Revenues from SCWA Amendment #10 Funds 601-400-9931-7104
Wastewater Revenues 602-400-9931-7104
CONCLUSION:
The City of Petaluma should continue to implement water conservation programs in order to preserve
and protect existing water resources, improve the likelihood that additional water resources will be
available in the future and to help defer capital costs for the expansion of City water facilities.
OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION:
A) Implement a pilot ET satellite controller program for up to 50 landscape sites in Petaluma.
B) Develop educational videos, CD's and streaming videos.
RECOMMENDATION:
A) Authorize the City Manager to enter into a professional services agreement for furnishing materials and
services for Water Conservation Marketing with Council For Community Television.
B) Authorize the City Manager to enter into a professional services agreement for furnishing materials and
services for Evapotranspiration (ET) Pilot Program with Network Services Corporation.
esOlutlOn No.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT FOR FURNISHING MATERIALS AND SERVICES FOR WATER
CONSERVATION MARKETING WITH COUNCIL FOR COMMUNITY TELEVISION
WHEREAS, the City of Petaluma recognizes that water is an essential and limited resource; and
WHEREAS, the City of Petaluma has a 5 -year -Capital Improvement Plan (CIP), for Water System
Improvements which includes Project #9931 for water conservation; and
WHEREAS, the City of Petaluma has entered into a cooperative agreement with the Sonoma County
Water Agency to fund and administer a water conservation program that is included in the Water CIP
Project #9931 for water conservation; and
WHEREAS, the City of Petaluma has determined that implementing a water management program to
assist water customers with water conservation and reducing peak water use is one of the strategies that
it will employ to achieve its water conservation goals.
NOW, THEREFORE, BE IT RESOLVED the Petaluma City Council authorizes the City Manager
to enter into a professional services agreement for furnishing materials and services for Water
Conservation Marketing with Council for Community Television.
sAwater resources & conservationlconservationlresotmpdevito.doe
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting form
onthe .......................... day of ....................................................... 20......, by the
followingvote: .......................................
City Attorney
AYES:
_ .JES:
ABSENT:
ATTEST:............................................................................................................................................................................................
City Clerk Mayor
Council File ...................................
Res. No . ............................ ......N.C.S.
PROFESSIONAL SERVICES AGREEMENT
FOR
FURNISHING MATERIALS AND SERVICES FOR WATER CONSERVATION
MARKETING WITH COUNCIL FOR COMMUNITY TELEVISION
(Title of Project)
(Project Account Code No. 602-400-9931-7104)
THIS AGREEMENT is made and entered into this day of , ,
by and between the City of Petaluma, a Municipal Corporation and a charter city (hereinafter
referred to as "City") and Council For Community Television, P.O. Box 2510, Petaluma,
California 94953, (hereinafter referred to as "Consultant").
The parties hereto enter into this Agreement for the purpose of Consultant providing professional
services to City under the following terms and conditions:
In consideration hereof, and the mutual promises, contained herein, the parties agree as follows:
1. Consultant shall provide the services described in Exhibit "A" attached hereto and
incorporated herein by reference.
2A. City shall compensate Consultant for services rendered hereunder under the following
terms: Iisted in Attachment A.
2B. 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 the City, and has
obtained a currently valid Petaluma Business Tax Receipt pursuant to the Petaluma
Municipal Code.
2C. The Consultant is also required to have paid the appropriate business tax and have a
currently valid Petaluma Business Tax Receipt pursuant to the Petaluma Municipal Code,
2D. In no case shall the total contract compensation exceed Fourteen Thousand Dollars
($14,000) 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. With every
monthly invoice, a brief narrative shall be provided by Consultant along with a revised
schedule of progress and supporting materials.
3. Services performed by Consultant to City which exceed those services described in
Section 1 herein, shall be considered "extra work." Extra work shall only be performed
6/1/00
by Consultant upon prior written authorization of the City Manager. Consultant shall be
compensated for extra work at the following rates: $ $125 per hour for on -location
video services, In studio editing rate at $75.00 per hour with a 2 hour minimum,
Edit video on CD or VHS at $25.00, SVHS $35.00 and DVD $260.00 each,
EncodinLy video for using on internet $75 per hour with a two hour minimum,
Streaming media hosting $25 per month each up to 5 minute video, and
Upload video to hosting server $50 each (one time charge). .
4. Use Section 4(a) or 4(b).
(a) The term of this Agreement commences on July 1, 2001, and ends on June 30,
2002. However, either party may terminate this Agreement upon providing the
other party ten (10) days' written notice of such termination, given in the manner
provided in Sections 6 and 11 herein.
(b) Consultant shall commence work upon receipt of written direction to proceed
from City. Consultant shall perform the work described herein, in accordance
with the following schedule:
Service
Completion Date
5. Consultant represents that Consultant possesses distinct professional skills in performing
said services. City has relied upon said representations as a material endorsement to
enter into this Agreement. Consultant shall, therefore, provide properly skilled
professional and technical personnel to perform all services under this Agreement. It is
further understood and agreed that Consultant, including his/her agents and employees, is
not an agent or employee of the City, but rather solely responsible for his/her acts and
omissions. Consultant has full control over the means and methods of performing said
services, and Consultant understands that said services are being performed as an
independent Consultant. Nothing in this Agreement shall in any way be construed to
constitute the Consultant, or any of its agents or employees, as an agent, employee or
representative of the City.
6. Termination, This Agreement may be terminated or suspended by the City upon ten (10)
days' written notice. Said notice will be commenced by the City Manager. Upon receipt
of such notice, Consultant shall immediately stop all work in process under this
Agreement. In the event the City delivers, the Consultant shall be entitled to payment for
all services performed to date of termination to the extent they were actually performed in
accordance with this Agreement.
2 6/1/00
7. Consultant shall perform with his/her own organization, all work specified and required
in this Agreement. No assignment or transfer in whole or in part of this Agreement shall
be made without the written consent of the City.
8. Consultant may retain or subcontract for the services of other necessary consultants, with
the written approval of City. Any such subconsultants shall comply, to the extent
applicable, with the terms and conditions of this Agreement and all of the obligations and
duties imposed upon the Consultant hereunder.
9. Consultant agrees to fully comply with all appropriate local, city, state and federal laws,
regulations and ordinances governing performance of contractual services required
hereunder, in accordance with professionals' standards of care.
10. During the performance of this Agreement, Consultant will not discriminate against any
employee or applicant for employment because of race, religion, creed, color, national
origin, sex or age. Consultant shall.take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, religion, creed, color, national origin, sex or age.
11. All notices required or permitted by this Agreement, including notice of change of
address, shall be in writing and given by personal delivery or sent by United States Mail,
postage prepaid and addressed to the parties intended to be notified. Notice shall be
deemed given as of the date of delivery in person or as of the date deposited in any post
office or any post office box regularly maintained by the United States Government.
Notice shall be given as follows:
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Telephone: (707) 778-4360
Consultant: Joe Devito,
Council for Community Television
P.O. Box 2510
Petaluma, CA 94953
Telephone: (707) 766-8269
12. All bills shall be sent to the designated project contact person on a monthly basis or upon
task completion, whichever is appropriate. Bills will be checked by said contact person
for compliance with the provisions of this Agreement and then forwarded to "Accounts
Payable." City shall endeavor to make payment of said bill within thirty (30) days of
receipt.
3 6/1/00
13. 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 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
designated representative.
14. Consultant hereby covenants and agrees to, and shall, indemnify, save harmless and
defend, the City of Petaluma, its agents and/or employees against all claims, demands,
costs, and liabilities for damages of any kind or nature including, but not limited to,
damages for death or injury to any person (including Consultant's employees and agents)
or damage or destruction to any property of either party hereto or third persons in any
manner arising out of or occasioned by Consultant's performance of its obligations
pursuant to this Agreement whether or not there is a contributing act or omission or
concurrent, passive or active negligence or otherwise on the part of the City, except those
claims arising from the established active sole negligence or sole willful misconduct of
the City or the City's employees. The City may retain so much of the money due
Consultant as shall be considered necessary, until disposition has been made of claims or
suits for damages as aforesaid.
15. Insurance. See "Insurance Requirements for Consultants" in Exhibit B1 or B2 attached
hereto and incorporated herein by reference. Please check and initial exhibit to be
incorporated:
Exhibit B 1 X Exhibit B2
16. Amendment. This Agreement may be amended, provided said amendment is in writing
and signed by both parties.
17. 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.
18. This Agreement constitutes the entire agreement between the parties.
19. Breach. City reserves the right to terminate this Agreement immediately in the event of a
breach by Consultant: It is further understood and agreed that in the event of a breach of
this Agreement by Consultant, in addition to all other remedies, penalties and damages
provided by law, City may provide such services or retain another consultant to provide
such services, and deduct from the amounts due or to become due to Consultant the
actual costs to City to provide or obtain such services.
20. This contract is the product of negotiation and compromise on the part of both parties and
that the parties agree, notwithstanding Civil Code section 1654, that in the event of
4 6/1/00
uncertainty, the language is not to be construed against the party causing the uncertainty
to exist.
21. Applicable Law. Each party's performance hereunder shall comply with all applicable
laws of the United States of America, the State of California, and the City of Petaluma.
This Agreement shall be enforced and interpreted under the laws of the State of
California and the City of Petaluma. If any part, term or provision of this Agreement
shall be held void, illegal, unenforceable, or in conflict with any law of the federal, state
or local govermnent having jurisdiction over this Agreement, the validity of the
remaining portions or provisions shall not be affected thereby.
22. 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.
23. Severability. 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.
24. 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.
25. 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 during 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
5 6/I/00
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.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Head
APPROVED:
Risk Manager
APPROVED:
Finance Director
CONSULTANT
LIM
Title
P.O. Box 2510
Address
Petaluma CA 94953
City State zip
Taxpayer I.D. Number
Petaluma Business Tax Receipt Number
6 6/1/00
INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Consultant, his agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as.broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $500,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general aggregate limit shall
be twice the required occurrence limit.
2. Automobile Liability: $500,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option oa
City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,
its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles
owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its officers, officials, employees or volunteers. Coverage
shall not extend to any indemnity coverage for the active negligence of the additional insured in any
case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of
section 2782 of the Civil Code.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not "
suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty
days' prior written notice by certified marl, return receipt requested, has been given to the City.
Exhibit B 1
Page 1 of 2
6/1/00
acceptability of Insurers
surance is to be placed with insurers with a current A.M. Best's rating of no less than ANII, unless otherwise
acceptable to the City.
Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The
endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the coverage
required by these specifications.
Exhibit B 1
Page 2 of 2
6!1100
INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injurieo X
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Consultant, his agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and omissions liability insurance appropriate to the Consultant's profession.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general aggregate limit shall
be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and omissions liability: $1,000,000 per occurrence.
Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the
City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,
its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles
owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its officers, officials, employees or volunteers. Coverage
shall not extend to any indemnity coverage for the active negligence of the additional insured in any
case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of
section 2782 of the Civil Code.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials; employees and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall no
suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the City.
Exhibit B2
Page 1 of 2
6/1/00
Acceptability of Insurers
surance is to be placed with insurers with a current A.M. Best's rating of no less than ANN, unless otherwise
acceptable to the City.
Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The
endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the coverage
required by these specifications.
Exhibit B2
Page 2 of 2
611100
COUNCILFop, COMMUNITYTELEVISION
May 22, 2001
Attachment A
Proposal: City of Petaluma Water Department - Conservation Video Production for Year 2001— 2002
1. City of Petaluma Garden Planting Project
Shoot on location 4 segments of the garden project process. Edit each segment into a 3 minute video and
a encoded for use on a web site use. Provide completed materials to City of Petaluma on a CD (Video
Server Hosting Available for additional fee).
Total Estimated Cost of Project $ 3,900.00
2. Event Video Coverage and Produce Edited Video
Provide video coverage for 3 events at an estimated cost of $2500.00 per event
Will include on location video cam and operator and edit video with one SVHS and one VHS
Total Estimated Cost of Projects $7,500.00
Edit and Transfer of Existing Video to New CD Type Media
Regarding item 5 on your email dated 5/18/01 (Video to CD, Talking toilet, Tour of Mishi , etc.) A
standard video CD can only hold 7 to 10 minutes of video. We would need to edit each video to a shorter
version to accommodate the size.
Edit 5 existing videos provided by the City of Petaluma to accommodate the size of one CD.
Total Estimated Cost of Projects $2,500.00
4. Encoding and Host Streaming Video on Server
Encoding video for using on internet $75 per hour with a two hour minimum.
Streaming media hosting $25 per month each up to 5 minute video
Upload video to hosting server $50 each (one time charge).
P 0 Box 2510, Petaluma, CA 94935 (707) 766-8269 www.cfct.orc
CITY OF PETALUNIA, CALIFORNIA T +
AGENDA BILL
Agenda Title: WATER CONSERVATION PROGRAM
Meeting Date:
Resolution Declaring the Existence of a Temporary Summer -time Impairment
July 23, 2001
of Water Supply and Requesting Customers to Voluntarily Reduce Water
consumption, with a City-wide Goal of up to 15% Reduction B) Resolution
approving an agreement for Funding and Administration of the Petaluma Water
Conservation Program For 2001/02 with the Sonoma County Water Agency, C)
Resolution approving a professional services agreement for furnishing materials
and services for Water Conservation Marketing with Council For Community
Television, and D) Resolution approving a professional services agreement for
furnishing materials and services for Evapotranspiration (ET) Pilot Program with
Network Services Corporation
Department: Water
Director:
Contact Person: Steve
Phone Number:
Resources & Conservation
Thomas S. Hargis
Simmons/Lynn Hulme
778-4560/778-4507
Cost of Proposal:
Account Number:
$600,000
601-400-9931-7104-$49,000;
602 -400 -9931 -7T04 -
Amount Budzeted:
$273,000; Sonoma County
Water Agency Amendment
$600,000
#11 Funds - $278,000
Name of Fund:
Water Conservation Capital
.Improvement Project #9931
Attachments to Agenda Packet Item: Reference Documents: 1) "Cooperative Agreement for Funding and
aministration of the Petaluma Water Conservation Program for 2000/01" with the Sonoma County Water
Agency. Action Documents: Resolution Declaring the Existence of a Temporary Summer -time Impairment of
Water Supply and Requesting Customers to Voluntarily Reduce Water consumption, with a City-wide Goal of up
to 15% Reduction and resolutions approving the following agreements: A) Petaluma Water Conservation Program
For 2001/02 with the Sonoma County Water Agency, B) Water Conservation Marketing with Council For
Community Television, and C Eva otrans iration (ET) Pilot Program with Network Services Co oration
Summary Statement: The City of Petaluma Water Conservation Program for FY 2001/02 includes
development and implementation of various water conservation measures that will reduce the amount of water
used by the customers of Petaluma's Water Utility Systems, reduce the amount of water discharged to
Petaluma's Wastewater Treatment and Disposal System and reduce summer peak water demand caused
mainly by outdoor watering. Last year, the City of Petaluma also activated Stage 1 voluntary rationing with
the goal to reduce water consumption by 15% during the summer months. It is conceivable that the Sonoma
County Water Agency might increase this to Stage 2 mandatory rationing this summer. The professional
services agreements listed above are needed to implement various programs outline in the City of Petaluma
Water Conservation Program for FY 2001/02.
Council Priority: THIS AGENDA ITEM IS CONSIDERED To BE PART OF, OR NECESSARY To, ONE OR
MORE OF THE 1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999 AND
MARCH 18, 2000. Priority(s): Water Conservation Supply Issues
Recommended City Council Action/Suaaested Motion: Adopt Resolutions listed above and declare the
existence of a temporary summer -time impairment of water supply brought on by Sonoma County Water
Agency's transmission system limitation, and request water customers to voluntarily reduce consumption
during the summer, with a citywide goal of 15% reduction.
;viewed by Finance Director:
Reviewed by Attornev:
Approved by C'
ate,
_Manager:
Date:
Today's D te: June 3, 2001
Revision #and_ e ised:
File Code:
CITY OF PETALUMA, CALIFORNIA
JULY 23, 2001
AGENDA REPORT
FOR
WATER CONSERVATION PROGRAM
A) Resolution Declaring the Existence of a Temporary Summer -time Impairment of Water Supply
and Requesting Customers to Voluntarily Reduce Water consumption, with a City-wide Goal of
up to 15% Reduction
B) Resolution approving an agreement for Funding and Administration of the Petaluma Water
Conservation Program For 2001/02 with the Sonoma County Water Agency
C) Resolution approving a professional services agreement for furnishing materials and services for
Water Conservation Marketing with Council For Community Television
D) Resolution approving a professional services agreement for furnishing materials and services for
Evapotranspiration (ET) Pilot Program with Network Services Corporation
EXECUTIVE SUMMARY:
The City of Petaluma Water Conservation Program for FY 2001/02 includes development and implementation
of various water conservation measures that will reduce the amount of water used by the customers of
Petaluma's Water Utility Systems, reduce the amount of water discharged to Petaluma's Wastewater Treatment
and Disposal System and reduce summer peak water demand caused mainly by outdoor watering. Last year,
City of Petaluma also activated Stage 1 voluntary rationing with the goal to reduce water consumption by
during the summer months. It is conceivable that the Sonoma County Water Agency might increase this to
Stage 2 mandatory rationing this summer. The professional services agreements listed above are needed to
implement various programs outline in the City of Petaluma Water Conservation Program for FY 2001/02.
BACKGROUND:
This is the 5thyearthat the City of Petaluma and the Sonoma County Water Agency have cooperated in
administering the City of Petaluma's Water Conservation Program. Each year the City's water conservation
program is modified and improved based on the successes and lessons from previous years. Cost -benefit
analyzes will be added to the City of Petaluma water conservation program next year when water consumption
records are available.
Goals of the Petaluma Water Conservation Program:
® Reduce water use by 1,000 acre-feet per year by the year 2015 through urban reuse and water
conservation program implementation. Urban reuse goal is 600 acre-feet per year. The City's urban
reuse program will include irrigating Rooster Run Golf Course with secondary recycled water until
tertiary recycled water becomes available. The City's water conservation savings goal is 400 acre-
feet per year.
Reduce water discharged to Petaluma's Wastewater Treatment and Disposal System. The City is
planning to replace, expand and update the existing wastewater treatment plant.
Reduce summer peak water demand by implementing landscape irrigation water conservation
programs. Last year, the City of Petaluma activated Stage 1 voluntary rationing with the goal to reduce
water consumption by 15% during the summer months. It is conceivable that the Sonoma County Water
Agency might increase this to Stage 2 mandatory rationing this summer.
The following chart compares the City's water conservation programs with the estimated potential water
savings, estimated water savings after program implementation and the targeted water conservation goal.
(Water savings in acre/feet per year.)
Water
The Most Current
Conservation
Estimates of Water
Water Saving
Petaluma's Water Conservation Coals
Programs
Savings Potential
From Program
(Before Program
Implementation
Implementation)
400 AF/year
Wastewater
Reduce
Acre/feet per year
Acre/feet per year
Water
Reduction
Summer Peak
Savings
Water
Demand
Commercial
Toilet
62.3
37
X
X
Replacement
Residential
Toilet
86.7
14
X
X
Replacement
Washing
Machine Rebate
9
X
X
Residential
Water
180
X
X
Management
Xeriscape
Education
X
X
Gardens
Commercial
Landscape
190
X
X -
Water Audit and
Incentive
Landscape
210
X
X
Standards
Industrial Audit
and Incentive
10
11
X
X
Apartment
Building Sub-
X
X
X
metering
An estimated $2,780,083 of funding may be available from 1998 through 2009 to the City of Petaluma
(City) for water conservation measures and water reuse programs. These funds are identified in Petaluma's
portion of the Sonoma County Water Agency's Draft Water Conservation Plan with the goal to reduce water
demands on the transmission system. SCWA staff will be working closely with City to administer the water
conservation programs that include:
• Residential and Non -Residential Toilet Replacement Programs
• Residential and Non -Residential Washing Machine Rebate Programs
• Residential Water Management Program
• Xeriscape Educational Gardens
• Non -Residential Landscape Water Audit and Incentive Program
• Landscape Water Conservation Standards
® Commercial/Industrial Water Survey and Incentive Program
• Apartment Building Sub -Metering Pilot Program
9
Non-Residential 'Toilet Replacement Program
In 1997, the City initiated a Non -Residential Toilet Replacement Program with the goal to replace 50% or 1,825
high-water using toilets with new water -conserving fixtures in industrial, commercial, and institutional
facilities. The annual water savings of the 1,825 toilet replacements is estimated to be 62.3 acre-feet per year
(AFY). To date, 1,094 toilets have been replaced at a total program cost of $380,000. The estimated water
savings to date is 37 AFY.
The Non -Residential Toilet Replacement Program will be starting its fifth year of operation. The majority of
proactive water conserving businesses have participated within the program. To obtain the maximum possible
voluntary participation, fiscal year 2001 will initiate a modified program where businesses will receive a toilet
replacement and installation rebate.
Residential Toilet Replacement Program
The 10 -year Residential Toilet Replacement Program goal is to replace 25% or 7,039 gravity -flush toilets in
residential dwellings. The water savings is estimated to be 86.7 AFY. To date 1,157 toilets have been replaced
at a total program cost of $184,000. The estimated water savings to date is 14 AFY.
The 2001/02 program participants will be offered two options to replace their toilets; rebate or special event
fundraiser. The toilet rebate program will remain at a $100 rebate per toilet for participants who purchased and
installed their own fixtures. Free -of -charge faucet aerators and low -flow showerheads (fixtures) will be
available to residents at the Water Resources and Conservation Office and the Finance Department. .
Residential Water. Management Program
The water management program that was developed to assist City's residential customers with ways to conserve
water and reduce peak water use will be continued. The program focuses on answering the questions: How
much irrigation does your landscape need? How can residents reduce water waste and gutter flooding?
The community outreach and education program will be expanded through regular newspaper ads, feature water
conservation messages on the back of two Petaluma buses, water conservation videos and wrap a water
conservation message around a City vehicle.
The Pilot ET Satellite Controller Program was delayed until this program year. The targeted participants have
been expanded to include some small City of Petaluma parks, a commercial site and residential customers. The
City will be working with Michael Marian, of Network Services Corp, who invented this new technology.
Xeriscape Educational Gardens
Xeriscape Educational Gardens will be designed and installed at City Hall and the new Public Facilities
building. The plantings will be in keeping with outside safety and building security, water efficiency and
landscape beauty.
Non -Residential Landscape Water Audit and Incentive Program
The City will be expanding the Large Landscape Conservation Programs to include the development of water
use budget. Local ET data will continue to be disseminated to City's landscape irrigation professionals through
City web page, recorded phone message and weekly fax. An irrigation seminar will be coordinated that
recuses on water waste reduction.
Landscape Water Conservation Standards
A Landscape Conservation Standards workbook will be developed based on the City's standards. The
information included in the workbook is intended to clarify the landscape standard language and serve as a
reference source for individuals designing or installing new or modified landscapes in the City's service area.
The workbook will include forms and calculation sheets required to comply with the landscape standards.
Commercial/Industrial Water Survey and Incentive Program
The City will offer the newly created Industrial Water Efficiency Program within the commercial and industrial
sector.
Apartment Building Sub -Metering Pilot Program
The City is developing a sub -metering pilot program to determine the potential water savings for metering
individual apartments.
ALTERNATIVES:
The City could choose to not declare a temporary water supply impairment. The water conservation
program could be modified or other programs could be considered such as; mandatory at -time -of -sale water
conservation requirements, tiered water rate structure, and /or build a tertiary treatment plant and
distribution system for the urban reuse of wastewater.
FiNi ANCIAL IMPACTS:
The source of funds for the City of Petaluma Water Conservation Program is: Water Conservation
Capital Improvement Project 49931 funded from:
Water Utility Revenues 601-400-9931-7104 $ 49,000
Water Utility Revenues from SCWA Amendment #10 Funds 601-400-9931-7104 $278,000
Wastewater Revenues 602-400-9931-7104 $273,000
Some decrease in water sales revenue.
CONCLUSION:
The SCWA Board action December 7 1999, declared that a temporary impairment of the SCWA
transmission system exists during the months of June, July, August and September. They requested that
all water contractors implement a voluntary program of water use reduction, consistent with Stage One
of their Water Shortage contingency Plans, for the summer months to reduce peak water demand.
The City of Petal -Luna should continue to implement water conservation programs in order to preserve
and protect existing water resources, improve the likelihood that additional water resources will be
available in the future and to help defer capital costs for the expansion of City water facilities.
OUTCOMES OR PERFORMANCE MEASUREMENTS TIIAT WILL IDENTIFY SUCCESS OR COMPLETION:
A) Analysis of water consumption data after the summer months to compare with 15% voluntary reduction
goal.
B) Encourage the replacement of additional ultra -low -flow toilets in residential and commercial customers.
C) Initiate a, high -efficiency washing machine rebate program.
D) Implement a pilot ET satellite controller program for up to 50 landscape sites in Petaluma.
E) Design and install water efficiency demonstration gardens at City owned properties.
F) Expand the Non -Residential Landscape Water Audit and Incentive Program.
G) Prepare a Landscape Conservation Standards workbook based on the City's standards.
H) Develop and implement a sub -metering pilot program to determine the water savings potential for
metering individual apartments.
I) Analysis of water consumption date after the summer months to compare with goal of up to 15%
voluntary reduction.
RECOMMENDATION:
A) Declare the Existence of a Temporary Summer -time Impairment of Water Supply and Requesting
Customer to Voluntarily Reduce Water consumption, with a City-wide Goal of up to 15% Reduction
B) Authorize the City Manager to enter into an agreement for Funding and Administration of the Petaluma
Water Conservation Program For 2001/02 with the Sonoma County Water Agency,
C) Authorize the City Manager to enter into a professional services agreement for furnishing materials and
services for Water Conservation Marketing with Council For Community Television.
D) Authorize the City Manager to enter into a professional services agreement for furnishing materials and
services for Evapotranspiration (ET) Pilot Program with Network Services Corporation.
I resolution No. N.C.S.
of the City of Petaluma, California
4 DECLARING THE EXISTENCE OF A TEMPORARY SUMMER -TIME IMPAIRMENT OF
5 WATER SUPPLYAND REQUESTING CUSTOMERS TO VOL UNTARIL Y REDUCE
6 WATER CONSUMPTION, WITH A CITY-WIDE GOAL OF UP TO 15% REDUCTION
7
8 WHEREAS, the Board of Directors of the Sonoma County Water Agency, which supplies the City of
9 Petaluma's potable water supply, declared on December 7, 1999 that a temporary impairment of the
10 Sonoma County Water Agency Transmission System exists during the summer months of June, July,
11 August and September,
12
13 WHEREAS, during this impairment condition the delivery capacity of the Sonoma County Water
14 Agency system may, form time to time, be insufficient to meet all demands placed upon it;
15
WHEREAS, it is reasonable and prudent to curtail summer usage to preserve sufficient water for
17 essential uses including water for fire protection;
18
19 WHEREAS, the City of Petaluma supports the regional effort to reduce peak summer demand
20 involving all cities and districts that reply on Sonoma County Water Agency Supply.
21
22 NOW, THEREFORE, BE IT RESOLVED that during these months, all potable water customers of
23 the City of Petaluma are requested to:
24
25 1. Customers to comply with CHAPTER 15.12 of Municipal Code. Chapter 15.12 is to promote
26 water conservation and efficient use of potable furnished by the City of Petaluma by eliminating
27 intentional or unintentional water waste when a reasonable alternative solution is available and
'-S by prohibiting the use of equipment that is useful.
29 2. Voluntarily use water efficiently and reduce Iess essential uses of water with the goal of
3' achieving an overall system -wide reduction of up to 15%.
1 3. Apply irrigation water only during the evening and early morning hours to reduce evaporation
2 losses.
3 4. Before June 1St, inspect all irrigation systems, repair leaks, and adjust spray heads to provide.
4 optimum coverage and eliminate avoidable over -spray.
5 5. For irrigation valves controlling water applied to lawns, vary the minutes of run-time consistent
6 with fluctuations in weather.
7 6. Reduce minutes of run-time for each irrigation cycle if water begins to run-off to gutters and
8 ditches before the irrigation cycle is completed.
9 7. Utilize water conservation incentive, rebate and giveaway programs to replace water guzzling
10 plumbing fixtures and appliances with water efficient models.
11 8. Take advantage of the free information available from the City of Petaluma on how to use water
12 efficiently, including how to read your water meter, repair ordinary leaks, and make your
13 landscape a water efficient landscape.
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Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on form:
by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
Mayor
Resolution No. NCS
City Attorney
i
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-16
Resolution No. N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR FUNDING
AND ADMINISTRATION OF THE PETALUMA WATER CONSERVATION PROGRAM FOR
2001/2002 WITH THE SONOMA COUNTY WATER AGENCY
WHEREAS, the City of Petaluma recognizes that water is an essential and limited resource; and
WHEREAS, the City of Petaluma has a 5 -year Capital Improvement Plan (CIP) for Water System
Improvements which includes Project #9931 for water conservation; and
WHEREAS, the City of Petaluma is a prime contractor of the Sonoma County Water Agency (SCWA)
and wishes to cooperate with the SCWA to implement programs designed to conserve water;
WHEREAS, the City of Petaluma has determined that conducting extensive water efficiency
implementing a water management program to assist water customers with water conservation and
reducing peak water use is one of the strategies that it will employ to achieve its water conservation
goals.
NOW, THEREFORE, BE IT RESOLVED the Petaluma City Council authorizes the City Manager to
enter into a cooperative agreement for funding and administration of the Petaluma Water Conservation
Program for 2001/02 with Sonoma County Water Agency.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE; I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on, 2001, form:
by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
Mayor
City Attorney
crt: l\rs3scwa_pc\rs3\u\techwlagremnts\pubinf-wc-wated\petwc prog-01 02.fnd.doc version: 5/16/01 11:14 AM
TW 00/01-8e
COOPERATIVE AGREEMENT FOR
FUNDING AND ADMINISTRATION OF THE
PETALUMA WATER CONSERVATION PROGRAM FOR 2001/02
This agreement is between the Sonoma County Water Agency, a body corporate and politic of the State
of California (hereinafter "Agency"), and City of Petaluma (hereinafter "City").
RECITALS
A. The City and Agency share the goal of promoting increased efficiency of water use in order to reduce
operating costs, avoid or defer capital improvement costs associated with expansion of water supply and
wastewater disposal systems, minimize associated environmental impacts, and meet criteria and standards of
state and federal regulatory agencies.
B. The Eleventh Amended Agreement for Water Supply and Construction of the Russian River-Cotati Intertie
Project, approved by the Agency's Board of Directors on August 22, 2000, authorizes the Agency to
implement and fund water conservation measures that are cost effective and will reduce water demands on
the transmission system.
C. Agency and City have cooperated to implement a Water Conservation Program (Program) for the past 4
years which consists of specific programs.to improve water efficiency.
D. The City desires the Agency's continued assistance in developing and implementing the City's Program as
described in Attachment A.
E. The City is requesting a total of $278,000 for program funding.
F. Funding for this program is available from allocation in the Agency's category of "Water Conservation
Program," Sub -object 7247, (Account No. 675108) within the Agency's 2001/02 budget.
G. Agency and City do mutually desire to cooperate in the implementation and financing of said Program.
AGREEMENT
The City and Agency agree as follows:
RECITALS
The above recitals are true and correct.
2. DEFINITIONS
For the purposes of this agreement the following terms and definitions shall be used:
Contractor - Contractor hired by City to perform water conservation services.
Participants - City water or wastewater customers who qualify for individual programs as described in
Attachment A.
Pro ram - Water conservation programs described in Attachment A and related activities the City and
Agency have agreed to perform in cooperation.
Program Manager - Agency staff assigned to implement Program and perform Agency's responsibilities.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2001102
3. COORDINATION
City shall coordinate all work with Agency's Program Manager, Lynn Hulme, Water Conservation
Specialist (Phone: 707-547-1918; Fax: 707-524-3782) or assigned personnel, City contact is Thomas S.
Hargis, Director of Water Resources and Conservation (Phone: 707-778-4304; Fax: 707-778-4437) or
assigned personnel.
4. CITY'S RESPONSIBILITIES
City shall complete the Program at its cost and expense, except to the extent of Agency services provided
for in Section 5 and Agency funding provided for in Section 6 below. In so doing:
A. City shall provide Agency's Program Manager with requested policy and/or direction during Program,
B. City shall provide an ergonomically correct work space for use as a program office by the Program
Manager able to accommodate two people at any given time, including desks, dedicated telephones
with "Hotline" at 707-778-4507 and capabilities for four message/announcement mailboxes, and
chairs.
C. City shall provide meeting facilities for any necessary meetings relating to Program.
D. City shall provide Program Manager with access to water customer billing data to be used for
marketing various water conservation programs.
E. City shall select and hire Contractors required by Program, based on Program Manager's
recommendations.
F. City shall pay invoices submitted by Contractors and approved by Program Manager,
G. City shall require its Contractors to insure and indemnify the Agency using the language identified in
.Attachment B as the language for Agency insurance and indemnification requirements in the request
for proposal package and shall provide evidence of such insurance and indemnification to Agency in
a form satisfactory to Agency.
H. City shall select, based on Program Manager recommendations, all fixtures included in Program.
I. City shall maintain complete and accurate records of all transactions in compliance with generally
accepted accounting principles for enterprise accounting as promulgated by the American Institute of
Certified Public Accountants and the Governmental Accounting Standards Board, Such records shall
be available to the Agency at all reasonable times for inspection and analysis.
J. City shall, within 60 days of completion of the Program as described herein or termination as provided
for in Section 10, submit to Agency a complete statement of costs accounting for all City's Program
costs,
K. City shall pay all applicable rebates/incentives to Program Participants, as qualified and submitted by
Agency.
L. City shall provide at least one (1) staff member with knowledge of City water accounts to work Special
Event Fund Raising for two 87 -hour weekend days.
M. City shall work with Agency to create a water conservation web page and shall post information
supplied by Agency and update web page as necessary.
N. City shall invoice the Agency for costs authorized under this agreement. All invoices submitted to
Agency by City shall be clearly marked with "City of Petaluma, Funding of 2001/02 Water
Conservation Program, Project/Task No. 3599-12 and Account No. 675108-7247." .
5. AGENCY'S RESPONSIBILITIES
Agency will provide general Program administration consisting of the following:
A. Assign Project Manager to coordinate, document, and report on the overall administration, budget
and follow-up of the Program.
B. Provide staff to respond to incoming calls from the "Hotline," established under Section 4, item B, as
needed, for the duration of this agreement.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2001102
2
7.
C. Review, verify, and forward to City payment requests from Contractors and Program Participants
requesting rebates/incentives.
D. Prepare quarterly reports summarizing status of all aspects of Program and submit to City and
Agency's General Manager/Chief Engineer,
E. Work with City to create water conservation web page and provide City with updated information for
posting to website.
F. Design and distribute program brochures and applications.
G. Run regular ads in newspaper to promote water conservation and Program.
H. Provide draft "Request for Proposal" and sample scope of work for Residential Toilet Replacement
Special Event Fund Raising Contractor, described in Attachment A.
I. Contact and coordinate volunteers and non-profit partners for various programs.
FUNDING
A. Upon execution of this agreement, receipt of an invoice thereof, and receipt of evidence of insurance
and indemnification from the City's Contractors, Agency will deposit with City $78,000, which is to
finance a portion of water conservation program costs, excluding Agency staff costs.
B. Agency will also provide up to $200,000 for Program administration consisting of Agency staff time
and some material costs.
C. If Agency determines Agency staff is not available or if City hires water conservation staff, Agency
funds provided for any staff time will not exceed the amount allocated in 6.8. above.
D. Agency's maximum obligation under this agreement shall not exceed $278,000,
ADDITIONAL REQUIREMENTS
A. Notification: Agency will notify City in writing when costs for City's Contractors and rebate payments
have reached $66,300, which is 85% of Agency's budget for costs as described and provided for in
Section 6, item A. Agency will also notify City in writing when Program management costs reach
$170,000 which is 85% of Agency's budget for Program administration as provided for in Section 6,
item B.
B. Program Continuation: Once Agency has notified City, City shall advise Agency in writing within 30
calendar days of its desire to do one of the following:
1) end the 2001/02 Program when 100% of Agency funding is depleted; or
2) fund 100% of additional Program costs to continue with the Program without additional fundin
C
A
C
from Agency; or g
3) request additional funding from Agency. In such event, City shall submit a revised budget
estimate to Agency's General Manager/Chief Engineer with a written request, including reasons
for cost overruns.
If Agency's General Manager/Chief Engineer determines that the additional costs are reasonable
and that additional funds are available in Agency's Water Conservation Program budget,
Agency's General Manager/Chief Engineer may, in his discretion, execute an amendment to this
agreement to increase Agency's contribution to Program costs by an additional amount not to
exceed $25,000, Notwithstanding this authority, Agency is under no obligation to approve such
requests.
Authority to Amend Agreement: The Agency's General Manager/Chief Engineer and the City's
Manager are authorized to execute amendments that cumulatively do not exceed $25,000, pursuant
to Section 7, item C.3, and do not substantially change the scope of the agreement.
Refund of Remaining Funds: If the Program cost accounting statement submitted under Section 4,
item J, of this agreement demonstrates that Program costs are less than the amounts paid to City,
City shall refund difference to Agency within 30 days of submitting said statement to Agency.
No Waiver of Breach: The waiver by Agency of any breach of any term or promise contained in this
agreement shall not be deemed to be a waiver of such term or promise or any subsequent breach of
the same or any other term or promise contained in this agreement.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2001/02
F. Construction: To the fullest extent allowed by law, the provisions of this agreement shall be
construed and given effect in a manner that avoids any violation of statute, ordinance, regulation, or
law, The parties covenant and agree that in the event that any provision of this agreement is held 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.
City and Agency acknowledge that they have each contributed to the making of this agreement and
that, in the event of a dispute over the interpretation of this agreement, the language of the
agreement will not be construed against one party in favor of the other. City and Agency
acknowledge that they have each had an adequate opportunity to consult with counsel in the
negotiation and preparation of this agreement.
G. No Third -Party Beneficiaries: Nothing contained in this agreement shall be construed to create and
the parties do not intend to create any rights in third parties.
H, Applicable Law and Forum: This agreement shall be construed and interpreted according to the
substantive law of California excluding the law of conflicts. Any action to enforce the terms of this
agreement or for the breach thereof shall be brought and tried in the County of Sonoma.
I. Captions: The captions in this agreement aresolely for convenience of reference, They are not a
part of this agreement and shall have no effect on its construction or interpretation.
J. Merger: This writing is intended both as the final expression of the agreement between the parties
hereto with respect to the included terms and as a complete and exclusive statement of the terms of
the agreement, pursuant to Code of Civil Procedure Section 1856. No modification of this agreement
shall be effective unless and until such modification is evidenced by a writing signed by both parties.
K. Time of Essence: Time is and shall be of the essence of this agreement and every provision hereof.
8. MUTUAL INDEMNIFICATION
Each party shall indemnify, defend, protect, hold harmless, and release the other, its officers, agents, and
employees, from and against any and all claims, losses, proceedings, damages, causes of action, liability,
costs, .or expense (including attorneys' fees and witness costs) arising from or in connection with, or
caused by any negligent act or omission of such indemnifying party. This indemnification obligation shall
not be limited in an way by any limitation on the amount or type of damages or compensation payable to
or for the indemnifying party under workers' compensation acts, disability benefit acts, or other employee
benefit acts.
9. TERM OF AGREEMENT
The term of this agreement shall be one year from the date of the signed agreement, unless terminated
earlier in accordance with the terms herein.
10. TERMINATION OF AGREEMENT
This agreement may be canceled upon thirty (30) days written notice by either party.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2001/02 4
IN WITNESS WHEREOF, the parties hereto have executed this agreement as set forth below.
Reviewed as to substance by City:
Department Head
Reviewed as to funds by City:
Finance Director
Reviewed as to form by City Attorney:
City Attorney
Approved as to form:
City's Risk Manager
CITY OF PETALUMA
By:
City Manager
Date:
Attest:
City Clerk
Reviewed as to substance by Agency:
Department Head
Reviewed as to funds by Agency:
Division Manager - Administrative Services
Reviewed as to form by County Counsel:
County Counsel
SONOMA COUNTY WATER AGENCY
By:
Chair, Board of Directors
Date:
Attest:
County Clerk and ex -officio Clerk of the
Board of Directors
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2001/02 5
ATTACHMENT A
Cooperative Agreement for
Funding And Administration of the
Petaluma Water Conservation Program for 2001/02
A. INTRODUCTION
The City of Petaluma's (City) Water Conservation Program (Program) includes development and implementation
of various water conservation measures that will reduce the amount of water used by the customers of
Petaluma's Water Utility System, as well as reduce the amount of water discharged to Petaluma's Wastewater
Treatment and Disposal System. Water conservation program includes:
1, Non -Residential Toilet Replacement Programs
2. Residential Toilet Replacement Programs
3. High -Efficiency Washing Machine Rebate Programs
4. Residential Water Management Program
Xeriscape Educational Garden
6. Non -Residential Landscape Water Audit and Incentive Program
7. Landscape Water Conservation Standards
8. Commercial/Industrial Water Survey and Incentive Program
9. Apartment'Building Sub -Metering Pilot Program
The community outreach and education program will be expanded through regular newspaper ads, water
conservation messages on the back of two Petaluma buses, water conservation videos, and a water conservation
message wrapped around a City vehicle.
B. FUNDING
The Eleventh Amended Agreement for Water Supply and Construction of the Russian River-Cotati Interne
Project, approved by the Agency's Board of Directors on August 22, 2000, authorizes the Agency to implement
and fund water conservation measures that are cost effective and will reduce water demands on the transmission
system. Funding sources available to the City for water conservation rmeasures and reuse programs are shown
in Table 1, below. The Program costs and water savings estimates are based on the following reports:
• Water and Wastewater Efficiency/Avoided Costs Study, September 1995 (MW Study), prepared by
Montgomery Watson and funded by the Agency
City of Petaluma's 9997 CH Toilet Replacement Program, prepared by John Olaf Nelson Water Resources
Management and funded by the Agency
Industrial Water Efficiency Program proposed for the City of Petaluma and the Sonoma County Water
Agency, April 26, 1999, prepared by Pacific Technology Associates for The Bay Institute of San Francisco
with funding from The Rose Foundation.
Agency staff will work closely with City staff and City contractors to administer the Program. Three agency staff
will be required to administer the 2001/02 Program; a full-time (32 hours/week) water conservation program
manager, a half-time (20 hours/week) water conservation specialist with expertise in indoor conservation for
residential and non-residential customers, and a quarter -time (10 hours/week) water conservation specialist with
expertise in landscape architecture and public relations.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2001/02 A-1
TABLE 1 -- City FY 01-06 Capital Improvement Plan (CIP) in thousands of dollars
SOURCES
Curren- tFY�
`F £ kFY
s
f h
{
CIP
Year
02�02�03'r0
04
l; Od�05 x45¢06
�S�sY�R
T;O�TALZu
FY 00-01
309
'V3'4Y jj
t •-II_d T
R
+m;
'f, i
-
iPl {.� �'
Ili.,'j
E
J
SLii
Water Operations Cit
304'9r
T4.985
,'
4949
�q 4
Sewer Fund (City)
302
2�3 r7,3t''rt73
'�
2,73
Special Assessment
389
z278
`
278t�
��1390 T�
(SCWA#10)
r-4
M,�
iF '-tr X77
TOTAL
721
600 := a
��
600.r.3QQQ�,v�;,
. ,QO;
COQ
_
C. PROGRAMS
1. Non -Residential Toilet Replacement Program
Background
In 1997, the City initiated a Non -Residential Toilet Replacement Program with the goal to replace 50% or
1,825 high-water using toilets with new water -conserving fixtures in industrial, commercial, and institutional
facilities. The annual water savings of the 1,825 toilet replacements is estimated to be 62.3 acre-feet per year
(AFY).
To date, 1,094 toilets have been replaced at a total program cost of $380,000. The estimated water savings
to date is 37 AFY. In order to obtain the maximum possible voluntary participation from fiscal year 1997-
2000, the Petaluma Non -Residential Toilet Replacement Program gives applicants two options: 1) Direct -
Install Option where free fixtures are supplied and installed by Action Plumbing, a City -hired contractor an(
2) Rebate Option for customers who prefer to buy colored or fancy -style equipment from their own supplier
and/or want to use their own contractor or qualified in-house maintenance personnel. Rebates are $100 for a
gravity -flush toilet and $150 for a commercial -type power flush toilet.
2001/02 Program
The Non -Residential Toilet Replacement Program will be starting its fifth year of operation. The majority of
proactive water conserving businesses have participated within the program. To obtain the maximum
possible voluntary participation, fiscal year 2001 will initiate a modified program where businesses will receive
a toilet replacement and installation rebate.
Under the new rebate program, applicants will make their own arrangements to purchase and install their new
ultra -low -flush toilets. All old toilets must be recycled at the Petaluma Recycling Center.
The City will pay a rebate of up to $200 for the cost of the new toilet. In addition, City will pay a rebate of up
to $120 for the cost of the first toilet installation, and up to $60 for any additional toilets. All toilet installations
must include the installation of water conserving showerheads and faucet aerators, supplied by the City.
Building permits (free of charge to*the applicant) will be required on all toilets installed.
Advantages of the new rebate program include:
• Applicants can choose their own contractor or plumber.
• Decreased toilet/installations costs to the City. The City is currently paying an average of $361 per toilet
rebate/installation. The modified program will average $210 to $270 per toilet rebate/installation, saving
from $91 to $151 per toilet.
• Enhances City image as more plumbers will be involved, lessening customers' complaints on performing
installation within a reasonable time period.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2001/02 A-2
The City will continue to promote and administer the City's Non -Residential Toilet Replacement Program until
50% or 1,825 high-water using toilets are replaced with water -conserving fixtures in industrial, commercial,
and institutional facilities.
2. Residential Toilet Replacement Program
Background
The 10 -year Residential Toilet Replacement Program goal is to replace 25% or 7,039 gravity -flush toilets in
residential dwellings. The water savings is estimated to be 86.7 AFY.
To date 1,157 toilets have been replaced at a total program cost of $184,000. The estimated water savings to
date is 14 AFY.
In 1999/00 a Special Event Fund Raiser kicked off the first year of the Residential Toilet Replacement
Program. Free -of -charge, 1.6 -gallon -per -flush toilets, faucet aerators, and low -flow showerheads (fixtures)
were given to residential water customers during one weekend. The City donated $15 per toilet to Casa
Grande and Petaluma High Schools for working with the City on this program.
In 2000/01, the City of Petaluma offered a $100 rebate per toilet to participants who purchased and installed
their own fixtures. Free -of -charge faucet aerators and low -flow showerheads (fixtures) were available to
residents at the Water Resource and Conservation Office.
All old toilets were recycled at the Petaluma Recycling Center through the Old Adobe Development Services,
which was compensated with a $2 donation per toilet recycled.
The program was marketed through public service announcements, bus signs, newspaper ads, and
cooperative advertising with local plumbing supply stores. A marketing campaign included producing a door
hanger that details the program. Casa Grande and Petaluma High Schools participated in distributing the
door hangers to residences. The City donated $5 per toilet, which were rebated through the "door hanger"
marketing to these schools for working with the City on this program.
2001/02 Program
Program participants will be offered two options to replace their toilets; rebate or special event fundraiser.
The toilet rebate program will remain at a $100 rebate per toilet for participants who purchased and installed
their own fixtures. Free -of -charge faucet aerators and low -flow showerheads (fixtures) will be available to
residents at the Water Resources and Conservation Office and the Finance Department. -
A special event fundraiser is tentatively scheduled for September 29, 2001, with the toilet return on
October 20, 2001. The City will donate $15 per toilet to Casa Grande and Petaluma High Schools for working
with the City on this program.
The programs will be marketed through public service announcements, bus signs, newspaper ads, and
cooperative advertising with local plumbing supply stores. The City will continue to work with Casa Grande
and Petaluma High Schools on distributing door hangers to notify residences of this existing program.
The City will continue to promote and administer the City's Residential Toilet Replacement Program until 25%
or 7,039 high water -using gravity -flush toilets have been replaced in residential dwellings.
3. High -Efficiency Washing Machine Rebate Programs
Background
High -efficiency clothes washers have a more effective washing action than standard clothes washers. Higher
spin speeds reduce the water content at the end of the wash cycle, subsequently reducing energy needed for
drying the clothes. High -efficiency washing machines are commonly known as front -loaders because the door
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2001102 A-3
opens on the front of the machine. The water level fills the washing machine less than 1/ way and clothes
rotate in and out of the water. However, some of the high -efficiency washers are top -loaders, utilizir
mechanical and/or computerized advances to save water. High -efficiency washing machines save o,_
electricity, laundry soap, and use up to one-third less water per load compared to standard machines.
2001/02 Program
The City will offer residential and non-residential rebates for the purchase of high -efficiency washing
machines. Direct marketing will be focused on the following groups: City's customers, manufacturers,
distributors, property owners, and route operators. The program will be marketed through public service
announcements, bus signs, newspaper ads, a "promotion" statement within the City's bimonthly water
consumption bill, and cooperative advertising with local washer distributor supply stores.
Residential Washing Machine Rebate Program
The City is examining offering a $75 to $100 rebate per high -efficiency clothes washer installed within a
residence. In addition to this program, the City customers may participate in Pacific Gas & Electric's
rebate program (a $75 rebate on ENERGY STAR labeled clothes washers) through December 2001 or
until funds are depleted.
The estimated water savings from replacing a standard washing machine with a residential high -efficiency
washer is 5,100 gallons per year.
Non -Residential Washing Machine Rebate Program
The City is examining offering a $300 - $500 rebate per high -efficiency clothes washer installed within the
non-residential sector. These clothes washers are mostly found in coin-operated Laundromats and in
multi -family housing with common laundry facilities.
The estimated water savings from replacing a standard non-residential washing machine with a non-
residential, high -efficiency washer is 19,000 to 28,000 gallons per year. The potential water savings are
determined by two factors: 1) the amount of water that a high -efficiency machine uses versus a standard
machine and 2) the number of times the machine is utilized (turns per day). The standard water savings*
per load based on the Oak Ridge National Laboratory demonstration, which found that high -efficiency
washers save an average of 13 gallons per load. The number of times the machine is utilized (turns per
day) varies. For example, a machine in a small apartment complex may have 3 turns per day, while a
machine in a busy commercial coin -op laundry may utilize 15 turns per day. In determining the potential
water savings for the City, a medium range of four to six turns per day was utilized.
4. Residential Water Management Program
Background
A California Irrigation Management Information System (CIMIS) weather station was installed at the Rooster
Run Golf Course in 1999. This station provides the evapotranspiration (ET) data needed to develop and
implement the irrigation management program,
During the first year of the program, a water management program was developed to assist City's residential
customers with ways to conserve water and reduce peak water use. The program focuses on answering the
question: How much irrigation does your landscape need?
The Pilot ET Satellite Controller Program for 50 residential water customers was set up during the 2000/01
program. The program includes the following elements:
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2001102
A-4
Indoor Program
i Check for water leaks, including faucets, and water meter check.
Check showerhead flow rates, faucet flow rates and offer to replace or recommend -replacement, as
necessary.
• Check for water leaks and flow rates of toilet(s) and replace leaking toilet fla
replacement of toilets with greater than 1.6 gallons per flush. peers and recommend
Outdoor Program
• Landscape water audit.
• Free ET paging controller.
• Installation of free ET paging controller.
• Station by station scheduling.
• Installation of free rain shut-off device.
• Measurement of landscape area,
• Broadcast signal fee paid for 7 months.
• Check the operation of irrigation system and capabilities of existing controller(s).
• Instruct residents how to program their irrigation controllers.
Participant Report
• Program participants will be given a summary of the survey results, a recommended irrigation
schedule and additional water conservation information.
This new technology was developed by Michael Marian, a Petaluma resident, to eliminate the inherent
Problems of efficient irrigation scheduling (U.S, Patent #5,208,855; Method and Apparatus for Irrigation
Control Using Evapotranspiration). A weekly broadcast signal with the local ET information is sent and picked
up by a computer chip embedded in the controller, which automatically adjusts the irrigation schedule. The
current studies of this technology/ET signal controller show a 30% savings of landscape water in residential
homes of modest size in Irvine, California (or a 15% savings of total home water use).
2001/02 Program
This program will continue with an extensive public information outreach program during the irrigation season.
Agency staff will prepare monthly newspaper ads and update the City web page with the number of minutes
to irrigate landscapes. Irrigation management messages will be posted on two City bus signs.
Water use will be monitored and water savings will be calculated from the Pilot ET Satellite Controller
Program,
5. Xeriscape Educational Garden
A Xeriscape Educational Garden will. be designed and installed at the City Hal( facility. The garden will be
located on the west -side of City Hall, in the existing landscape planters in the interior parking area along the
circumference of the City Hall near the Water Resource and Conservation Department office and Engineering
buildings. The planting will be in keeping with outside safety and building security, water efficiency and
landscape beauty.
Xeriscape Principals to be the foundation of the Education Garden
I. Planning and Design
2. Appropriate Plant Selection
3. Practical Turf Areas
4. Efficient Irrigation
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2001102
A-5
5. Soil improvements
6. Use of Mulches
7. Appropriate Maintenance
The seven principals of Xeriscape will be the basis of the landscape plan. A brochure will showcase the
City design and explain the landscape design to the public.
Interactive Video Kiosk
An interactive video kiosk will allow the homeowner to:
• Look for plants by either common name or botanical name.
• Look for plants based on their characteristics.
• Look for plants from problem solving lists.
• Look for plants by pointing and activating hotspots within the City's garden photographs.
6. Non -Residential Landscape Water Audit and Incentive Program
Background
Local ET Data: A CIMIS weather station was installed within the City limits, This CIMIS weather station
provides the ET data needed to develop irrigation schedules for all landscape conservation programs,
Education: In 1999/00, a Cal Poly instructor conducted a two-day training session for the City's
landscape staff, water department staff, landscape assessment district contractors and local school
district landscape staff. The training session helped prepare the landscape professionals to perform site
inspections, evaluate irrigation systems, and develop efficient irrigation schedules for drip, bubbler,
microspray and sprinkler systems. The majority of the course was spent in the field performing
"landscape audits" and at the computer generating irrigation schedules with the audit software.
In 2000/01, Agency and City coordinated a Plant Water Requirement Seminar. This seminar was
designed for professionals who design new landscapes, review landscape plans, install landscapes, and/
or maintain existing landscape.
Landscape Water Audit Program: Twenty City -owned parks have been audited through the program.
Landscape water audits include an inventory of sprinklers on each valve/circuit and catch -can tests to
determine the precipitation rate and distribution uniformity of the sprinklers. The catch -can volumes are
measured, recorded and entered into software developed by the Irrigation and Training Research Center
of Cal Poly. A report is prepared for the- program participant with a proposed irrigation schedule for turf
areas, based on City's ET.
Irrigation Incentive Program: A pilot Irrigation Incentive Program was developed to assist non-residential
water customers in improving the efficiency of their sprinkler systems. The City will pay for a portion of
the labor and material costs of the irrigation equipment that will improve water use efficiency of existing
irrigation systems. Adobe Creek and Victoria HOAs are the first program participants.
2001/02 Program
The City will be expanding the Large Landscape Conservation Programs for non-residential water customers
to include the development of water use budget.
Local ET Data: Local ET data will continue to be disseminated to City's landscape irrigation professionals
through the City web page, recorded phone message and weekly fax.
Education: An irrigation seminar will be coordinated that focuses on water waste reduction,
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2001/02 A-6
Landscape Water Audit & Incentive: The program will be promoted to other large landscapes in
Petaluma,
Water Use Budgets: Develop the methodology to assign water use budgets for non-residential landscape
sites served by dedicated irrigation meters,
7. Landscape Water Conservation Standard
Background
The City adopted new Landscape Conservation Standards at the May 7, 2001, City Council meeting. These
standards supercede the Model Water Efficient Landscape Ordinance, as required by California Assembly Bill
325, 1992 (The Water Conservation and Landscaping Act of 1990). The purpose of the standards is to
promote efficient water use and reduce water waste through landscape and irrigation planning and design,
installation and long-term management specific to City's climate zone. The standards apply to all new
industrial, commercial, and institutional landscaping; multi -family common areas; and contractor -installed,
single-family front yards in new sub -divisions (single-family residences and multi -family private areas are
exempt from these standards). Landscapes are designed and plants are selected based on a design water
budget. The design water budget is the .upper limit of annual water use for the established landscaped area
supplied through City water meters. The purpose of utilizing a design based on a water budget is to create an
estimate of landscape water needs, thereby achieving water efficiency, sound economic practices and
landscape quality. Water efficiency can be achieved by supplying only the amount of water sufficient to meet
plant needs. Applying only that amount of water needed by plants and landscapes, and avoiding excess use,
can save the customer money. Identifying and meeting water needs can minimize the potential for plant
injury caused by water deficits 'or excess. Turf grass can be included in a design water budget; however, as
turf grass has relatively high water needs, these standards do not permit turf on slopes and in median strips,
or tree planting in turf areas.
F
A landscape water budget training course was taught in September 1999 by a Cal Poly professor: Water
budgeting software for use by. planners, designers and landscape managers was presented. The software
helps the user define hydrozones, evaluate "what -if' situations for planting areas to comply with the water
budget; forecast annual water use, and evaluate annual water costs. Preliminary irrigation schedules
can also be generated, The Water Budgeting Handbook is based on the state's Model Landscape Ordinance
(AB 325) and the software can be tailored to handle alternative water budget and allocation methods.
2001/02 Program
A Landscape Conservation Standards workbook will be developed based on the City's standards. The
information included in the workbook is intended to clarify the landscape standard language and serve as a
reference source for individuals designing or installing new or modified landscapes in the City's service area.
The workbook will include forms and calculation sheets required to comply with the landscape standards.
8. Commercial/Industrial Water Survey and Incentives
Background
An Industrial Water Efficiency Program is being developed based on upon earlier work funded by the City,
Agency, and the Rose Foundation. Pacific Technology team and The Bay Institute of San Francisco worked
on pilot programs at Mishi Apparel, Inc., and Sola Optical USA. The estimated water savings is 11 AFY from
these two demonstration projects.
The City entered into an agreement with Pacific Technology Associates in April 2001 to provide the strategy,
documentation and support necessary to create an Industrial Water Efficiency Program.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2001/02
A-7
2001/02 Program
The City will offer the newly created Industrial Water Efficiency Program within the commercial and industrial
sector.
9. Apartment Buildinq Sub -Metering Pilot Program
Background
The City is developing a sub -metering pilot program to determine the potential water savings for metering
individual apartments.
2001102 Program
The program would include the installation of Badger radio read meters at approximately 84 apartments at
Capri Creek Apartments in Petaluma. If each apartment's water is measured separately by using a dedicated
meter, it could potentially provide the customer with a much better understanding and accounting of how
water is being used.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2001102 A-8
ATTACHMENT B
WORDING FOR CITY'S CONTRACTOR(S)
INDEMNIFICATION
Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend,
indemnify, hold harmless and release City of Petaluma and Sonoma County Water Agency, their officers,
agents, and employees, from and against any and all actions, claims, damages, liabilities, or expenses
that may be asserted by any person or entity, including Contractor, arising out of or in connection with the
performance of Contractor hereunder, whether or not there is concurrent negligence on the part of City of
Petaluma or Sonoma County Water Agency, but excluding liability due to the sole active negligence or
sole willful misconduct of City of Petaluma or Sonoma Sonoma County Water Agency. This
indemnification obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable to or for Contractor or its agents under Workers' Compensation acts, disability
benefit acts, or other employee benefit acts,
.INSURANCE
The Contractor shall obtain insurance acceptable to City of Petaluma and Sonoma County Water Agency
from a company or companies acceptable to the City of. Petaluma and Sonoma County Water Agency.
The required documentation of such insurance shall be furnished to the City at the time Contractor
returns the executed contract. The proper insurance shall be provided within ten (10) calendar days after
the bidder has received the notice that the contract has been awarded and prior to the City executing the
contract and issuing a notice to proceed. The Contractor shall not commence work nor shall he allow his
employees or subcontractors or anyone to commence work until all insurance required hereunder has
been submitted and approved and a notice to proceed has been issued.
With respect to performance of work under this contract, Contractor shall maintain and shall require all of
its subcontractors to maintain insurance as described below:
A. Workers' Compensation Insurance with statutory limits as required by the Labor Code of the
State of California. Said policy shall be endorsed with the following specific language:
This policy shall not be canceled or materially changed without first giving thirty (30) days
prior written notice to the City of Petaluma and Sonoma County Water Agency.
B. Commercial General Liability Insurance covering bodily injury and property damage utilizing an
occurrence policy form, in an amount no less than $1,000,000 combined single limit for each
occurrence. Said commercial general liability insurance policy shall either be endorsed with the
following specific language or contain equivalent language in the policy:
9. The City of Petaluma and Sonoma County Water Agency, their officers, agents, and
employees, are named as additional insured for all liability arising out of the operations by
or on behalf of the named insured in the performance of this contract.
2. The inclusion of more than one insured shall not operate to impair the rights of one
insured against another insured, and the coverage afforded shall apply as though
separate policies had been issued to each insured, but the inclusion of more than one
insured shall not operate to increase the limits of the company's liability,
3. The insurance provided herein is primary coverage to the City of Petaluma and Sonoma
County Water Agency with respect to any insurance or self-insurance programs
maintained by the City of Petaluma or Sonoma County Water Agency,
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation program for 2001/02
B-1
4. This policy shall not be canceled or materially changed without first giving thirty (30) days
prior written notice to the City of Petaluma and Sonoma County Water Agency.
C. Automobile Liability Insurance covering bodily injury and property damage in an amount no
less than $1,000,000 combined single limit for each occurrence. Said insurance shall include
coverage for owned, hired, and non -owned vehicles, Said policy shall be endorsed with the
following language:
This policy shall not be canceled or materially changed without first giving thirty (30) days
prior written notice to the City of Petaluma and Sonoma County Water Agency. ,
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2001/02
B-2
Resolution No. N.C.S.
2 of the City of Petaluma, California
3
4 AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
s AGREEMENT FOR FURNISHING MATERIALS AND SERVICES FOR WATER
6 CONSERVATION MARKETING WITH COUNCIL FOR COMMUNITY TELEVISION
7
s WHEREAS, the City of Petaluma recognizes that water is an essential and limited resource; and
9
10 WHEREAS, the City of Petaluma has a 5 -year Capital Improvement Plan (CIP) for Water System
11 Improvements which includes Project #9931 for water conservation; and
12
13 WHEREAS, the City of Petaluma has entered into a cooperative agreement with the Sonoma County
14 Water Agency to fund and administer a water conservation program that is included in the Water CIP
IS Project #9931 for water conservation; and
16
17 WHEREAS, the City of Petaluma has determined that implementing a water management program to
1s assist water customers with water conservation and reducing peak water use is one of the strategies that
19 it will employ to achieve its water conservation goals.
21 NOW, THEREFORE, BE IT RESOLVED the Petaluma City Council authorizes the City Manager to
22 enter into a professional services agreement for furnishing materials and services for Water
23 Conservation Marketing with Council for Community Television.
24
25
26
27
23
29 -
30
31
32
33 Under the power and authority conferred upon this Council by the Charter of said City.
34 REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
35 Council of the City of Petaluma at a Regular meeting on, 2001, form:
36 by the following vote:
City Attorney
37
3s AYES:
39 NOES:
40 ABSENT:
41
ATTEST:
, City Clerk Mayor
PROFESSIONAL SERVICES AGREEMENT
FOR
FURNISHING MATERIALS AND SERVICES FOR WATER CONSERVATION
MARKETING WITH COUNCIL FOR COMMUNITY TELEVISION
(Title of Project)
(Project Account Code No. 602-400-9931-7104)
THIS AGREEMENT is made and entered into this day of ,
by and between the City of Petaluma, a Municipal Corporation and a charter city (hereinafter
referred to as "City") and Council For Community Television, P.O. Box 2510, Petaluma,
California 94953, (hereinafter referred to as "Consultant").
The parties hereto enter into this Agreement for the purpose of Consultant providing professional
services to City Linder the following terms and conditions:
In consideration hereof, and the mutual promises, contained herein, the parties agree as follows:
1. Consultant shall provide the services described in Exhibit "A" attached hereto and
incorporated herein by reference.
2A. City shall compensate Consultant for services rendered hereunder under the following
terms: listed in Attachment A.
2B. 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 the City, and has
obtained a currently valid Petaluma Business Tax Receipt pursuant to the Petaluma
Municipal Code.
2C, The Consultant is also required to have paid the appropriate business tax and have a
currently valid Petaluma Business Tax Receipt pursuant to the Petaluma Municipal Code.
2D. In no case shall the total contract compensation exceed Fourteen Thousand Dollars
($14,000) 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. With every
monthly invoice, a brief narrative shall be provided by Consultant along with a revised
schedule of progress and supporting materials.
3. Services performed by Consultant to City which exceed those services described in
Section 1 herein, shall be considered "extra work." Extra work shall only be performed
6/1/00
by Consultant upon prior written authorization of the City Manager. Consultant shall be
compensated for extra work at the following rates: $ $125 per hour for on -location
video services, In studio editing rate at $75.00 per hour with a 2 hour minimum,
_ Edit video on CD or VIAS at $25.00, SVHS $35.00 and DVD $260.00 each,
Encoding video for using on internet $75 per hour with a two hour minimum,
Streaming media hosting $25 per month each up to'5 minute video, and
Upload video to hosting server $50 each (one time charge).
4. Use Section 4(a) or 4(b).
(a) The term of this Agreement commences on July 1, 2001, and ends on June 30,
2002. However, either party may terminate this Agreement upon providing the
other party ten (10) days' written notice of such termination, given in the manner
provided in Sections 6 and 11 herein.
(b) Consultant shall commence work upon receipt of written direction to proceed
from City. Consultant shall perform the work described herein, in accordance
with the following schedule:
Service
Completion Date
5. Consultant represents that Consultant possesses distinct professional skills in performing
said services. City has 'relied upon said representations as a material endorsement to
enter into this Agreement. Consultant shall, therefore, provide properly skilled
professional and technical personnel to perform all services under this Agreement. It is
further understood and agreed that Consultant, including his/her agents and employees, is
not an agent or employee of the City, but rather solely responsible for his/her acts and
omissions. Consultant has full control over the means and methods of performing said
services, and Consultant understands that said services are being performed as an
independent Consultant. Nothing in this Agreement shall in any way be construed to
constitute the Consultant, or any of its agents or employees, as an agent, employee or
representative of the City.
6. Termination. This Agreement may be terminated or suspended by the City upon ten (10)
days' written notice. Said notice will be commenced by the City Manager. Upon receipt
of such notice, Consultant shall immediately stop all work in process under this
Agreement. In the event the City delivers, the Consultant shall be entitled to payment for
all services performed to date of termination to the extent they were actually performed in
accordance with this Agreement.
2 6/1/00
7. Consultant shall perform with his/her own organization, all work specified and required
in this Agreement. No assignment or transfer in whole or in part of this Agreement shall
be made without the written consent of the City.
8. Consultant may retain or subcontract for the services of other necessary consultants, with
the written approval of City. Any such subconsultants shall comply, to the extent
applicable, with the terms and conditions of this Agreement and all of the obligations and
duties imposed upon the Consultant hereunder.
9, Consultant agrees to fully comply with all appropriate local, city, state and federal laws,
regulations and ordinances governing performance of contractual services required
hereunder, in accordance with professionals' standards of care.
10, During the performance of this Agreement, Consultant will riot discriminate against any
employee or applicant for employment because of race, religion, creed, color, national
origin, sex or age. Consultant shall take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, religion, creed, color, national origin, sex or age.
11. All notices required or permitted by this Agreement, including notice of change of
address, shall be in writing and given by personal delivery or sent by United States Mail,
postage prepaid and addressed to the parties intended to be notified. Notice shall be
deemed given as of the date of delivery in person or as of the date deposited in any post
office or any post office box regularly maintained by the United States Government.
Notice shall be given as follows:
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Telephone: (707) 778-4360
Consultant: Joe DeVito,
Council for Community Television
P.O. Box 2510
Petaluma, CA 94953
Telephone: (707) 766-8269
12. All bills shall be sent to the designated project contact person on a monthly basis or upon
task completion, whichever is appropriate. Bills will be checked by said contact person
for compliance with the provisions of this Agreement and then forwarded to "Accounts
Payable." City shall endeavor to make payment of said bill within thirty (30) days of
receipt.
3 611(00
13. 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 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
designated representative.
14. Consultant hereby covenants and agrees to, and shall, indemnify, save harmless and
defend, the City of Petaluma, its agents and/or employees against all claims, demands,
costs, and liabilities for damages of any kind or nature including, but not limited to,
damages for death or injury to any person (including Consultant's employees and agents)
or damage or destruction to any property of either party hereto or third persons in any
manner arising out of or occasioned by Consultant's performance of its obligations
pursuant to this Agreement whether or not there is a contributing act or omission or
concurrent, passive or active negligence or otherwise on the part of the City, except those
claims arising from the established active sole negligence or sole willful misconduct of
the City or the City's employees. The City may retain so much of the money due
Consultant as shall be considered necessary, until disposition has been made'of claims or
suits for damages as aforesaid.
15. Insurance. See "Insurance Requirements for Consultants" in Exhibit B1 or B2 attached
hereto and incorporated herein by reference. Please check and initial exhibit to be
.incorporated:
Exhibit B l X Exhibit B2
16, Amendment, This Agreement may be amended, provided said amendment is in writing
and signed by both parties.
17. 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.
18. This Agreement constitutes the entire agreement between the parties
19. Breach. City reserves the right to terminate this Agreement immediately in the event of a
breach by Consultant. It is further understood and agreed that in the event of a breach of
this Agreement by Consultant, in addition to all other remedies, penalties and damages
provided by law, City may provide such services or retain another consultant to provide
such services, and deduct from the amounts due or to become due to Consultant the
actual costs to City to provide or obtain such services.
20. This contract is the product of negotiation and compromise on the part of both parties and
that the parties agree, notwithstanding Civil Code section 1654, that in the event of
4 6/I/00
uncertainty, the language is not to be construed against the party causing the uncertainty
to exist.
21. Applicable Law. Each party's performance hereunder shall comply with all applicable
laws of the United States of America, the State of California, and the City of Petaluma.
This Agreement shall be enforced and interpreted under the laws of the State of
California and the City of Petaluma. If any part, term or provision of this Agreement
shall be held void, illegal, unenforceable, or in conflict with any law of the federal, state
or local government having jurisdiction over this Agreement, the validity of the
remaining portions or provisions shall not be affected thereby.
22. 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.
23. Severability. 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.
24. 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.
25. 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 during 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
5 6!1(00
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.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Head
APPROVED:
Risk Manager
APPROVED:
Finance Director
CONSULTANT
Title
P.O. Box 2510
Address
Petaluma CA 94953
City State Zip
Taxpayer I.D. Number
Petaluma Business Tax Receipt Number
6/1/00
INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Consultant, his agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance,
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $500,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general aggregate limit shall
be twice the required occurrence -limit.
2. Automobile Liability: $500,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self -Insured Retentions
deductibles or self-insured retentions must be declared to and approved by the City. At the option of the
L.,y, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,
its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied -or used by the Consultant; or automobiles
owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its officers, officials, employees or volunteers. Coverage
shall not extend to any indemnity coverage for the active negligence of the additional insured in any
case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of
section 2782 of the Civil Code.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees or volunteers shall be .excess of the Consultant's
insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the City.
Exhibit B 1
Page 1 of 2
6/1/00
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise
acceptable to the City.
Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required by this clause. -The
endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the coverage
required by these specifications.
Exhibit B I
Page 2 of 2
6/t/00
INSURANCE REQUIREMENTS FOR CONSULTANTS
isultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Consultant, his agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4, Errors and omissions liability insurance appropriate to the Consultant's profession.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general aggregate limit shall
be twice the required occurrence limit.
2, Automobile Liability: $1,000,000 per accident for bodily injury and property damage,
3, Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and omissions liability: $1,000,000 per occurrence.
�uctibles and Self -Insured Retentions
deductibles or self-insured retentions must be declared to and approved by the City. At the option of the
City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,
its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1, The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles
owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its officers, officials, employees or volunteers. Coverage
shall not extend to any indemnity coverage for the active negligence of the additional insured in any
case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of
section 2782 of the Civil Code.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
3, Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees or volunteers,
4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the City.
Exhibit B2
Page 1 of 2
611100
— counar r
COUNCILFoRCOMMUNITYTELEVISION
May 22, 2001
Proposal: City of Petaluma Water Department - Conservation Video Production for Year 2001— 2002
1. City of Petaluma Garden Planting Project
Shoot on location 4 segments of the garden project process. Edit each segment into a 3 minute video and
a encoded for use on a web site use. Provide completed materials to City of Petaluma on a CD (Video
Server Hosting Available for additional fee).
Total Estimated Cost of Project $ 3,900.00
2. Event Video Coverage and Produce Edited Video
Provide video coverage for 3 events at an estimated cost of $2500.00 per event
Will include on location video cam and operator and edit video with one SVHS and one VHS
Total Estimated Cost of Projects $7,500.00
3. Edit and Transfer of Existing Video to New CD Type Media
Regarding item 5 on your email dated 5/18/01 (Video to CD, Talking toilet, Tour of Mishi , etc.) A
standard video CD can only hold 7 to 10 minutes of video. We would need to edit each video to a shorter
version to accommodate the size.
Edit 5 existing videos provided by the City of Petaluma to accommodate the size of one CD.
Total Estimated Cost of Projects $2,500.00
4. Encoding and Host Streaming Video on Server
Encoding video for using on internet $75 per hour with a two hour minimum.
Streaming media hosting $25 per month each up to 5 minute video
Upload video -to hosting server $50 each (one time charge).
P 0 Box 2510, Petaluma, CA 94935 (707) 766-8269 www.cfct.org
Resolution. No. N.C.S.
2 of the City of Petaluma, California
3
4
s AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
6 AGREEMENT FOR FURNISHING MATERIALS AND SERVICES FOR
7 EVAPOTRANSPIRATION (ET) PILOT PROGRAM WITH NETWORK SERVICES
s CORPORATION.
WHEREAS, the City of Petaluma recognizes that water is an essential and limited resource; and
WHEREAS, the City of Petaluma has a 5 -year Capital Improvement Plan (CIP) for Water System
Improvements which includes Project #9931 for water conservation; and
WHEREAS, the City of Petaluma has entered into a cooperative agreement with the Sonoma County
Water Agency to f1md and administer a Evapotranspiration (ET) Pilot Program included in the Water
CIP Project #9931 for water conservation; and
WHEREAS, the City of Petaluma has determined that implementing a water management program to
assist residential water customers with water conservation and reducing peak water use is one of the
strategies that it will employ to achieve its water conservation goals.
NOW, THEREFORE, BE IT RESOLVED the Petaluma City Council authorizes the City Manager to
enter into a professional services agreement for furnishing materials and services for
Evapotranspiration (ET) Pilot Program with Network Services Corporation.
2s -
29
30
31
32
33
34 Under the power and authority conferred upon this Council by the Charter of said City.
35 REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
36 Council of the City of Petaluma at a Regular meeting on , 2001, form:
37 by the following vote:
33 City Attorney
39 AYES:
40 NOES:
J' ABSENT:
42
43 ATTEST:
44 City Clerk Mayor
PROFESSIONAL SERVICES AGREEMENT
FOR
FURNISHING MATERIALS AND SERVICES FOR EVAPOTRANSPIRATION (ET)
PILOT PROGRAM WITH NETWORK SERVICES CORPORATION
(Title of Project)
(Project Account Code No. 602-400-9931-7104)
THIS AGREEMENT is made and entered into this day of ,
by and between the City of Petaluma, a Municipal Corporation. and a charter city (hereinafter
referred to as "City") and Network Services Corporation, 561 Sky Ranch Drive, Petaluma,
California 94954, (hereinafter referred to as "Consultant").
The parties hereto enter into this Agreement for the purpose of Consultant providing professional
services to City under the following terms and conditions:
In consideration hereof, and the mutual promises, contained herein, the parties agree as follows:
1. Consultant shall provide the services described in Exhibit "A" attached hereto and
incorporated herein by reference.
2A. City shall compensate Consultant for services rendered hereunder' under the following
terms: listed in Attachment A.
2B. 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 the City, and has
obtained a currently valid Petaluma Business Tax Receipt pursuant to the Petaluma
Municipal Code.
2C. The Consultant is also required to have paid the appropriate business tax and have a
currently valid Petaluma Business Tax Receipt pursuant to the Petaluma Municipal Code.
2D. In no case shall the total contract compensation exceed Five -Nine Thousand and Eighty
Dollars ($59,080) 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. With every
monthly invoice, a brief narrative shall be provided by Consultant along with a revised
schedule of progress and supporting materials.
3. Services performed by Consultant to City which exceed those services described in
Section 1 herein, shall be considered "extra work." Extra work shall only be performed
6/1/00
by Consultant upon prior written authorization of the City Manager. Consultant shall be
compensated for extra work at the following rates: $125 per hour.
4. Use Section 4(a) or 4(b).
(a) The term of this Agreement commences on July 1, 2001, and ends on June 30,
2002. However, either party may terminate this Agreement upon providing the
other party ten (10) days' written notice of such termination, given in the manner
provided in Sections 6 and 11 herein.
(b) Consultant shall commence work upon receipt of written direction to proceed
from City. Consultant shall perform the work described herein, in accordance
with the following schedule: I
Service
Completion Date
5. Consultant represents that Consultant possesses distinct professional skills in performing
said services. City has relied upon said representations as a material endorsement to
enter into this Agreement. Consultant shall, therefore, provide properly skilled
professional and technical personnel to perform all services under this Agreement. It is
further understood and agreed that Consultant, including his/her agents and employees, is
not an agent or employee of the City, but rather solely responsible for his/her acts and
omissions. Consultant has full control over the means and methods of performing said
services, and Consultant understands that said services are being performed as an
independent Consultant. Nothing in this Agreement shall in any way be construed to
constitute the Consultant, or any of its agents or employees, as an agent, employee or
representative of the City.
6. Termination. This Agreement may be terminated or suspended by the City upon ten (10)
days' written notice. Said notice will be commenced by the City Manager. Upon receipt
of such notice, Consultant shall immediately stop all work in process under this
Agreement. In the event the City delivers, the Consultant shall be entitled to payment for
all services performed to date of termination to the extent they were actually performed in
accordance with this Agreement.
7. Consultant shall perform with his/her own organization, all work specified and required
in this Agreement. No assignment or transfer in whole or in part of this Agreement shall
be made without the written consent of the City.
2 6/1/00
8. Consultant may retain or subcontract for the services of other necessary consultants, with
the written approval of City. Any such subconsultants shall comply, to the extent
applicable, with the terms and conditions of this Agreement and all of the obligations and
duties imposed upon the Consultant hereunder.
9. Consultant agrees to fully comply with all appropriate local, city, state and federal laws,
regulations and ordinances governing performance of. contractual- services required
hereunder, in accordance with professionals' standards of care.
10. During the performance of this Agreement, Consultant will not discriminate against any
employee or applicant for employment because of race, religion, creed, color, national
origin, sex or age. Consultant shall take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, religion, creed, color, national origin, sex or age.
11. All notices required or permitted by this Agreement, including notice of change of
address, shall be in writing and given by personal delivery or sent by United States Mail,
postage prepaid and addressed to the parties intended to be notified. Notice shall be
deemed given as of the date of delivery in person or as of the date deposited in any post
office or any post office box regularly maintained by the United States Government.
Notice shall be given as follows:
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Telephone: (707) 778-4360
Consultant: Mr. Michael Marian
Network Services Corporation
561 Sky Ranch Drive
Petaluma, CA 94954
Telephone: (707) 769-9696
12. All bills shall be sent to the designated project contact person on a monthly basis or upon
task completion, whichever is appropriate. Bills will be checked by said contact person
for compliance with the provisions of this Agreement and then forwarded to "Accounts
Payable." City shall endeavor to make payment of said bill within thirty (30) days of
receipt.
13. 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 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
designated representative.
3 6/1/00
14. Consultant hereby covenants and agrees to, and shall, indemnify, save harmless and
defend, the City of Petaluma, its agents and/or employees against all claims, demands,
costs, and liabilities for damages of any kind or nature including, but not limited to,
damages for death or injury to any person (including Consultant's employees and agents)
or damage or destruction to any property of either party hereto or third persons in any
manner arising out of or occasioned by Consultant's performance of its obligations
pursuant to this Agreement whether or not there is a contributing act or omission or
concurrent, passive or active negligence or otherwise on the part of the City, except those
claims arising from the established active sole negligence or sole willful misconduct of
the City or the City's employees. The City may retain so much of the money due
Consultant as shall be considered necessary, until disposition has been made of claims or
suits for damages as aforesaid.
15. Insurance. See "Insurance Requirements for Consultants" in Exhibit Bt or B2 attached
hereto and incorporated herein by reference. Please check and initial exhibit to be
incorporated:
Exhibit B 1 X Exhibit B2 -
16. Amendment. This Agreement may be amended, provided said amendment is in writing
and signed by both parties.
17. 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.
18. This Agreement constitutes the entire agreement between the parties.
19. Breach. City reserves the right to terminate this Agreement immediately in the event of a
breach by Consultant. It is further understood and agreed that in the event of a breach of
this Agreement by Consultant, in addition to all other remedies, penalties and damages
provided by law, City may provide such services or retain another consultant to provide
such services, and deduct from the amounts due or to become due to Consultant the
actual costs to City to provide or obtain such services.
20. This contract is the product of negotiation and compromise on the part of both parties and
that the parties agree, notwithstanding Civil Code section 1654, that in the event of
uncertainty, the language is not to be construed against the party causing the uncertainty
to exist.
21. Applicable Law. Each party's performance hereunder shall comply with all applicable
laws of the United States of America, the State of California, and the City of Petaluma.
4 611!00
This Agreement shall be enforced and interpreted under the laws of the State of
California and the City of Petaluma. If any part, term or provision of this Agreement
shall be held void, illegal, unenforceable, or in conflict with any law of the federal, state
or local government having jurisdiction over this Agreement, the validity of the
remaining portions or provisions shall not be affected thereby.
22. 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.
23. Severability. 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.
24. 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.
25. 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. during 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.
5 6/1/00
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Head
APPROVED:
Risk Manager
APPROVED:
Finance Director
profess (fink)
CONSULTANT
Title
561 Sky Ranch Drive
Address
Petaluma CA 94954
City State Zip
Taxpayer I.D. Number
Petaluma Business Tax Receipt Number
6 6/1/00
f
INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Consultant, his agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $500,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general aggregate limit shall
be twice the required occurrence limit.
2. Automobile Liability: $500,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
r'-ductibles and Self -Insured Retentions
deductibles or self-insured retentions must be declared to and approved by the City. At the option of the
city, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,
its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The. City, its officers, officials, employees and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles
owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the, scope of protection afforded to the City, its officers, officials, employees or volunteers. Coverage
shall not extend to any indemnity coverage for the active negligence of the additional insured in any
case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of
section 2782 of the Civil Code.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the City.
Exhibit B 1
Page 1 of 2
6/1/00
Acceptability of insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AMI, unless otherwise
acceptable to the City.
Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The
endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies. of all required insurance policies, including endorsements effecting the coverage
required by these specifications.
Exhibit Bl
Page 2 of 2
611100
Pilot
Program _ City ofPetaluma:
Reducing Summer Water Demand by
Improving Landscape Irrigation Scheduling
Proposed by:
Network Services Corporation
561 Sky Ranch Drive
Petaluma, CA 94954
707 769 9696
in association with:
Gardener's Guild, Inc. (San Rafael)
Pacific Technology Associates (Petaluma)
Council for Community Television (Petaluma)
Network Services Corporation
Irrigation Scheduling Service
Executive Summary
Pilot Program
A yearlong pilot test is proposed for a unique irrigation scheduling technology that
provides a simple and inexpensive means for delivering horticulturally correct
volumes of water to landscapes served by automatic irrigation systems. The elegance
of this field -proven technology offers the potential -for significant summer water
savings, improved customer satisfaction (healthier landscapes and more free time),
and a new revenue source for the City's water enterprise - a service fee that covers
costs, and is less expensive to customers than the extra water otherwise used. This
policy measure also reduces summer power demand, avoids runoff (often carrying
horticultural chemicals), and lessens surface or groundwater source issues.
This irrigation scheduling service perfectly complements all City of Petaluma water
resources policy actions, both underway and planned. This pilot, to serve fifty
customers, is designed to develop the information required to support a cost-effective
citywide rollout. This is a near- to mid-term policy response that will likely become
available prior to either reclaimed waters or a parallel Petaluma Aqueduct.
Significance
A central issue for City of Petaluma water resources planning is the ability to meet
the peak summer demand. As new customers continue to join the system, the City is
quickly responding to the supply constraint of the Petaluma Aqueduct by drilling
wells, adding storage, and instituting ordinances that address summer demand.'
Longer-term planning includes a second aqueduct to convey Russian River water
south, and the ability to distribute reclaimed water that meets Title 22 standards. The
Water Resources Plan being developed by Black and Veatch will provide means for
integrating these and other approaches.
` The Black & Veatch proposal for addressing the reclaimed water portion of the Water Resources Plan includes a
design assumption that the volume of irrigation water demanded will not exceed that determined by
evapotranspiration. Given that the technology embedded in this proposal may provide the only means for customers
to realistically satisfy this criteria, the opportunity to pilot this now is fortuitous.
'- The conservation ordinances ban specific water wasting practices, provide rebates for replacing specific
components of non-residential irrigation systems, and require future non-residential landscapes to be irrigated with a
water volume not exceeding its evapotranspiration demand.
Network Services Corporation Page 2 21 May 01
Irrigation Scheduling Service
Pilot Program
This project opens the door to a complementary service; irrigation scheduling for
existing customers, by far the largest contributor to summer water demand.
Preliminary findings from a pilot test involving 40 homes served by the Irvine Ranch
Water District indicates that ET -based irrigation scheduling reduced landscape water
consumption by an average of 24 percent for both years data has been tracked. The
technology (described below) is applicable today only for customers having irrigation
systems with one to twelve electrically controlled water valves. A new version is
being developed to serve larger systems (e.g., larger non-residential landscapes). The
technology is not applicable where irrigation is performed manually.
Figure 1 illustrates the probable effect of scheduling irrigation systems to conform to
evapotranspiration. The average water demand in Petaluma during the peak month of
1998 was measured at 14.7 million gallons per day (mgd). Of this, 0.71 mgd was for
unaccounted uses. A 1995 breakdown of Petaluma water demands conducted by
Figure 1
16
14
� g
E 12
10
CU0
E 8
o '
� � 6
d 5 4
2
EFFECT OF IRRIGATION SCHEDULING
(Assume 24% Savings where Technology Applies)
4 I t
!!Wp!""
Current Phase I Phase. 11
®SF Outdoor
■ MF Outdoor
JECI I Outdoor
®AII Indoor
0 Unaccounted
Montgomery Watson indicates that all Petaluma's indoor water uses totaled
approximately 4.12 mgd, and that outdoor water uses were distributed between
single-family residential, multi family residential, and commercial, institutional, and
Network Services Corporation Page 3 21 May 01
Irrigation Scheduling Service
Pilot Program
industrial (CII) uses on a 55%, 3%, and 42% proportion.' During the peak month of
1998, the total demand for these outdoor uses is estimated at 9.9 mgd.
Assuming that 50% of the landscaping associated with Petaluma's single-family
residences is equipped with an automatic irrigation system, that improved scheduling
technology will reduce outdoor usage at these homes by the average of 24% indicated
in Irvine, overall city demand would be reduced by 0.6 mgd during the peak month
(1998). This is depicted by Phase I on Figure 1. When the technology is extended to
all other outdoor sectors (where irrigation systems cover a larger percentage of the
total landscaped area), total water savings may grow up to approximately 12% of
Petaluma's peak monthly demand, again assuming an average savings of 24% per
customer. With 1998 data, this translates to a technical potential for a reduction of
1.6 mgd (illustrated on Figure 1 as "Phase 11"). This pilot project will provide the
basis for better estimating -the potential savings for Petaluma.4
Technology
Widespread research. of . landscape and agricultural water use confirms that
evapotranspiration (ET) is the most important variable needed to determine
horticulturally correct irrigation water schedules, However, because setting irrigation
schedules by the ET rate is a sophisticated, time-consuming and continuous activity,
either homeowners or landscape professionals rarely.perform it. The result is sub-
optimal irrigation scheduling that leads to over -watered landscapes, transport of
horticultural chemicals away from target sites, expensive water system capacity to
meet inordinately high summer demand, and therefore excessive costs on several
levels.
A new technology, developed in Petaluma by Network Services Corporation, intends
to eliminate the above issues by automatically providing ET -based schedules for
3 Water and ;'wastewater Ef ciency/Avoided Cost Study (1995). Prepared for the Sonoma County Water Agency by
Montgomery Watson and Pacific Technology Associates.
4 Recent publications by the American Water Works Association Research Foundation (Residential End Uses of
Water, and Commercial & Institutional End Uses of Water) contain information generally suggesting relatively less
and more opportunities, respectively, for reducing water use via ET -based scheduling than indicated by the Irvine
data. There is a clear need to more about the details about the location and magnitude of Petaluma's savings
opportunities.
Network Services Corporation Page 4 21 May 01
Irrigation Scheduling Service Pilot Program
residential irrigation systems.5 The technology includes ET Controllers, one of which
is installed at each site where irrigation is to be precisely controlled, and means for
broadcasting ET data weekly via a satellite to the specific ET Controller(s) it applies
to. Upon receipt of ET data, ET Controllers automatically adjust irrigation schedules.
A current study of this technology at the Irvine Ranch Water District shows:
® Projected average savings of 58 gpd per person (24% of pre -retrofit outdoor
use).
• The technology provides specific irrigation schedules 'that, in addition to
current ET, reflect soil type, slope, plantings, microclimate (sun or shade), and
type of sprinkler (including drip) associated with each valved line.
® Customers praise the ET Controller for simplicity, convenience, and the
resulting healthier -looking landscape. No service calls were received during
the second year of the test.
o The ability to eliminate over watering, and therefore the propensity to avoid
non -point water pollution (via the transport of horticultural chemicals off-
site), has attracted the EPA to fund a $900,000 research effort that will
evaluate the pollution prevention aspects of this technology.
Objective
Evaluate the water saving potential in Petaluma of improving landscape irrigation
scheduling to match evapotranspiration, and develop a protocol for attracting
residential customers to adopt such technology with an approach that is financially
beneficial for customers, the City, and the supplier of such technology.
Scope of Work
This project will proceed much like other efficiency pilot projects conducted by the
City of Petaluma. First; a pool of candidates must be selected. Next, the protocol for
' U.S. Patent #5,203,355: Method and Apparatus for Irrigation Control Using Evapotranspiration. An excellent
description of the technology, including features relevant for Petaluma homeowners, is available at
httu:,/,�,vw,,v.space.com/businesstechnolosvltechnolo,2v/la�vnsat 000416.hni
Network Services Corporation Page 5 21 May 01
Irrigation Scheduling Service
Pilot Program
interacting respectfully and effectively with these candidates will be developed,
reviewed with City staff, and adjusted as necessary. Equipment installation, together
with on-site data collection, follows. Finally, all data will be reviewed, evaluated, and
a report will be prepared. This Will be presented to City staff orally and as a written
report. Given that a full year following installation is required to acquire a full set of
data, a preliminary review of early data will be provided during fall or winter of 2001
if sufficient data is available to warrant preliminary analysis.
Network Services Corporation proposes a team approach with its sub consultants and
City staff. This will ensure a consistent portrayal of the project between team
members, the City, and the City's customers; and maximize the value provided -to the
City by all consultants (for example, to ensure this project and Black & Veatch's
work reinforce each other and do not overlap). Specific areas of emphasis include:
Task 1: Select Candidates
Obtain the residential customer database. Sort to eliminate customers without
at least three years of continuous billing records. Select a pool of 150 primary
and 150 backup candidates from whom up to 50 participants will be found.6
To maximize the predictive value of this pilot project, the list will ideally
represent the full variety of residential landscapes found throughout the City's
service area (perhaps B&V's work has already identified residential categories
grouped by landscape size).
• Develop the usage history and contact information for all candidates.
Task 2: Develop Customer Approach
Develop overall approach: precisely what is offered, and how to communicate
it. . This anticipates issues of who qualifies for the program, equipment
ownership, service agreements, assignment of responsibilities, procedures for
6 To enhance the flexibility- and value of this pilot project, Network Services Corporation is prepared to serve up to
ten non-residential in place of residential test sites, according to the desires of City staff.
Network services Corporation Page 6 21 May 01
Irrigation Scheduling Service
Pilot Program
( dealing with poorly maintained irrigation systems, etc. Consultant will review
approach with City staff and adjust as necessary.
• Develop support material: initial mailing piece (with City for City to send),
telephone follow-up and scheduling procedure, participant information kit
(frequently asked questions, liability and billing record release forms, and a
video -based user's guide), installer's data gathering forms, database template
for recording field data, log for monitoring service calls, and a post -project
participant evaluation form.
• Train Installation Crews: program objectives, technology briefing, interaction
with participants, landscape irrigation survey, installation particulars, and
system calibration.
• Develop procedure for estimating water savings
• Protocol for obtaining regular water meter billing readings
• Detailed Aquacraft pulse data from city water meters for 10% of the
participants at three times: immediately prior to installing the new ET
irrigation controller, immediately after the installation, and near the end of
the irrigation season. Following the precedent of the CII toilet study, this
proposal assumes the City will obtain this data. This will be used to
validate the less expensive method used to estimate savings for the bulk of
the participants.
Task 3: Installation
• Qualify candidates, sell program, and schedule work
• Install system (including collecting site data)
Transcribe field data into computer database
Network Services Corporation Page 7 21 May 01
Irrigation Scheduling Service
Team
Task 4: Support Installed Systems
Pilot Program
• Update ET Controllers with current evapotranspiration data (weekly)
• Respond to customer service calls (telephone number provided on all installed
units)
Task 5: Evaluate Data and Report Findings
At the conclusion of the project,- Network Services Corporation will provide an
analysis of water savings and a preliminary outline of the financial performance of a
full-scale project. The latter will include a discussion of factors needed for a rigorous
evaluation of financial performance, if not provided during the interim by others.7
A preliminary water savings report will be prepared followintn
g the 2001 irrigation
season if sufficient billing data is available to warrant analysis.
In addition to support provided by the City of Petaluma, the following sub consultants
will assist Network Services Corporation on this project:
• Gardener's Guild, Inc: scheduling, installation, field data gathering and
processing, and customer support services. Gardener's Guild ("The craft of
landscaping, the business of economical resource management") is an
employee -owned firm established in 1972 that is pioneering sustainable
landscape management concepts.
• Pacific 'Technology Associates: project design, utility economics, and
evaluation services. Pacific Technology ("Strategies for a Sustainable
Future"), established in Petaluma in 1989, assists in similar capacities for a
wide variety of projects that involve natural resource flows.
• Council for Community Television: Joe DeVito and Bob Clark have quickly
7 For example, current estimates of the avoided cost of water for Petaluma do not reflect the costs of endangered
species mitigations in source watersheds, summer peaking operations, or future reclaimed water supply.
Network Services Corporation Page 8 21 May 01
Irrigation Scheduling Service
Budget
Pilot Program
developed an enviable track record for communicating the benefits of
innovative water saving strategies through a variety of multimedia formats.
TASK
Professional
Service
Equipment
TOTAL
1. Select
Candidates
$6,000
$0
$6,000
2. Customer
Approach
$15,140
$0
$15,140
3. Installation
$9,440
$7,500
$16,940
4. System Support
$6,000
$0
$6,000
5. Evaluate and
Report
$15,000
$0
$15,000
TOTAL
$59,080
Schedule
Based upon prior experience with the Irvine Ranch Water District, Network Services
projects that all 50 participants may be selected and provided with ET Controllers this
summer. Data gathering will continue through an entire irrigation cycle. The final
report will be provided not later than November 30, 2002.
Network Services Corporation Page 9 - 21 May 01
mbb, f:\u\techw\agremnts\pubinf-wc•wated\petwc orog-00 fnd doc version- 6/15/00 2:51 PM
Cooperative Agreement
for Funding And Administration of the
Petaluma Water Conservation Program for 2000101
TW 99/00-100
This agreement is between the Sonoma County Water Agency, a body corporate and politic of the State
of California (hereinafter "Agency"), and City of Petaluma (hereinafter "City").
RECITALS
A. The City and Agency share the goal of promoting increased efficiency of water use in order to reduce
operating costs, avoid or defer capital improvement costs associated with expansion of water supply and
wastewater disposal systems, minimize associated environmental impacts, and meet criteria and standards of
state and federal regulatory agencies.
B. Amendment No, 10,to the Agreement for Water Supply and Construction of the Russian River-Cotati Intertie
Project, approved by the Agency's Board of Directors Resolution 97-1128 on August 26, 1997, authorizes the
Agency to implement and fund water conservation measures that are cost effective and will reduce water
demands on the transmission system.
C. Agency and City have cooperated to implement a Water Conservation Program for the past 3 Years which
consists of specific programs to improve water efficiency. The City desires the Agency's continued assistance
in developing and/or implementing specific programs within City's Water Conservation Program as described
in Attachment B.
D. The City is requesting a total of $389,000 for program funding.
E. Funding for this program is available from allocation in the Agency's category of "Water Conservation
Program," Sub -object 7247, (Account No. 675108) within the Agency's 2000/01 budget.
F. Agency and City do mutually desire to cooperate in the implementation and financing of said Program.
AGREEMENT
The City and Agency agree as follows:
1. RECITALS
All of the above recitals are true and correct.
2. DEFINITIONS
For the purposes of this agreement the following terms and definitions shall be used:
Contractor - Contractor hired by City to perform installation of equipment and recycling for Participants of
applicable programs, fund raising activities, and/or marketing to Program Participants and/or applicable
staff.
Participants - City of Petaluma water or wastewater customers who qualify under the terms and conditions
of each individual program as described in Attachment B.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000/01
Program - For the purposes of this agreement "Program" shall refer collectively to the Water Conservation
programs described in Attachment B and related activities the City and Agency have agreed to perform in
cooperation.
Program Administrator - Agency staff assigned to implement Program and perform Agency's
responsibilities.
3. COORDINATION
City shall coordinate all work with Agency's Program Administrator, Lynn Hulme, Water Conservation
Specialist (Phone: 707-547-1918; Fax: 707-524-3782) or assigned personnel. City contact is Thomas
Hargis, Director of Water Resources and Conservation (Phone: 707-778-4304; Fax: 707-778-4437) or
assigned personnel.
4. CITY'S RESPONSIBILITIES
City shall complete the City's Water Conservation Program at its cost and expense, except to the extent of
Agency services provided for in Section 5 and Agency funding provided for in Section 6 below. In so
doing:
A. City shall provide Agency's Program Administrator with requested policy and/or direction during
Program.
B. City shall provide an ergonomically correct work space for use as a program office by the Program
Administrator able to accommodate two people at any given time, including desks, dedicated
telephones with "Hotline" at 707-778-4507 and capabilities for four message/announcement
mailboxes, and chairs.
C. City shall provide meeting facilities for any necessary meetings relating to Program.
D. City shall provide Program Administrator with a current mailing list, including names and addresses,
for residential water customers with summer and winter water -use amounts.
E. City shall provide Program Administrator with a current mailing list, including names and addresses,
for non-residential water customers.
F. City shall select and hire Contractors required by Program, based on Program Administrator's
recommendations.
G. City shall pay invoices submitted by Contractors and approved by Program Administrator.
H. City shall require its Contractors to insure and indemnify the Agency using the language identified in
Attachment A as the language for Agency insurance and indemnification requirements in the request
for proposal package and shall provide evidence of such insurance and indemnification to Agency in a
form satisfactory to Agency.
I. City shall select, based on Agency recommendations, all fixtures included in Program.
J. City shall maintain complete and accurate records of all transactions in compliance with generally
accepted accounting principles for enterprise accounting as promulgated by the American Institute of
Certified Public Accountants and the Governmental Accounting Standards Board. Such records shall
be available to the Agency at all reasonable times for inspection and analysis.
K. City shall, within 60 days of completion of the Program as described herein or, termination as provided
for in Section 10, submit_to Agency complete statement of costs accounting for all City's Programs
costs.
L. City shall pay all applicable.rebates/incentives to Program Participants, as qualified and submitted by
Agency.
M. City shall provide at least one (1) staff member with knowledge of City water accounts to work Special
Event Fund Raising for two 8 -hour weekend days.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000101
N. City shall meet with Program Administrator and Agency staff to discuss City's goals and objectives for
the following programs:
i0 Residential Irrigation Management.
• Low Water Use Landscape Ordinance.
O, City shall work with Agency to create Water Conservation Web page and shall post information
supplied by Agency and update web page as necessary.
P. City shall copy and insert two water conservation flyers, provided by Agency, into water customer's
bills.
Q. City shall invoice the Agency for costs authorized under this agreement. All invoices submitted to
Agency by City shall be clearly marked with "City of Petaluma, Funding of 2000/01 Water
Conservation Program, Project/Task No. 3599-9 and Account No. 675108-7247."
5. AGENCY'S RESPONSIBILITIES
A. Agency will provide general Program management consisting of the following:
• Assign Project Administrator to coordinate, document, and report on the overall administration
and follow-up of the Program.
• Provide staff to respond to incoming calls from the "Hotline," established under Section 4, item B,
as needed, for the duration of this agreement.
• Prepare overall marketing schedule for the Program.
• Review, verify, and forward to City payment requests from Contractors and Participants
requesting rebates/incentives.
• Monitor and track work progress and Program costs.
Prepare monthly reports summarizing status of all aspects of Program and submit to City and
Agency's General Manager/Chief Engineer.
• Work with City to create Water Conservation Web page and provide City with updated information
for posting to website.
• Coordinate Public Service Announcement (PSA) video marketing campaign.
• Design and provide 2 camera-ready water conservation flyers.
• Design and coordinate signs for City buses to market the toilet and irrigation programs.
B. Agency will provide the following services for the Non -Residential Toilet Replacement Program,
described in Attachment B:
• Mail up to 1,000 brochure/applications to commercial industrial water customers.
• Run two %± page ads in the local newspapers promoting the Non -Residential Toilet Replacement
Program.
• Process Application forms.
C. Agency will provide the following services for the Residential Toilet Replacement Program, described
in Attachment B:
• Provide draft "Request for Proposal" and sample scope of work for Special Event Fund Raising
Contractor, described in Attachment B.
• Contact potential non-profit partners and coordinate fund raising events.
• Provide at least 2 staff to work at the Special Event Fund Raising weekend days.
• Contact and market the Rebate Program with local plumbing supply stores.
• Run two %± page ad in the local newspapers promoting the Residential Toilet Replacement
Program.
• Process Application forms.
• Design, print, and distribute marketing materials for the Rebate Program.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000/01 3
D. Agency will provide the following services for the Residential Water Management, described in
Attachment B:
• Coordinate the public information outreach, personal contact and pilot ET Satellite controller
components.
Prepare and publish monthly irrigation information in two local newspapers.
• Instruct residents in landscape water management.
• Purchase landscape water conservation tools.
• Prepare draft scope of work for professional services agreement needed to hire contractors for
the Pilot ET Satellite Controller and Residential Water Surveys.
E, Agency will provide the following services for the Landscape Water Audit and Irrigation Incentive
Program, described in Attachment B:
• Up to 20 landscape water audits at qualified non-residential water customers facilities.
• Disseminate ET data to Petaluma's landscape irrigation professionals.
• Coordinate up to 4 Water Management training for City Parks' staff and local landscape
contractors.
• Design and purchase 2 "Sprinkler Test" signs.
• Prepare monthly reviews that compare water use to ET for City parks.
• Purchase software and Internet access necessary to administer the irrigation programs.
• Expand, market and administer the Irrigation Incentive Program.
F. Agency will provide the following services for the Landscape Water Conservation Ordinance,
described in Attachment B:
• Meet with City staff and based on those meetings will review and develop options for a revised
Landscape Water Conservation Ordinance.
G. Agency will provide program development assistance for the City's Commercial/Industrial Water
Survey and Incentives Program to City consultant, Bay Institute of San Francisco, and program
participants.
6. FUNDING
A. Upon execution of this agreement, receipt of an invoice thereof and receipt of evidence of insurance
and indemnification from the City's Contractors, Agency will deposit with City $230,000, which is to
finance a portion of the following costs:
• Special Event contractor's and Direct -install contractor's labor and materials for Residential and
Non -Residential Toilet Replacement Program.
• Irrigation Incentive and Toilet Replacement rebates.
• Internet and telephone charges for Water Conservation telephone including four
message/announcement mailboxes.
• Newspaper ads, City bus signs, PSA videos, and marketing campaigns.
• Contract services for marketing and administration.
B. Agency will also provide up to $159,000 for Program administration consisting of Agency staff time
and material costs.
C. Agency's maximum obligation under this agreement shall not exceed $389,000.
7. ADDITIONAL REQUIREMENTS
A. Agency will notify City in writing when Program management costs reach $135,150, which is 85% of
Agency's budget for Program management as provided for in Section 6, item B.
4
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000/01
B. Agency will also notify City in writing when costs for City's Contractors and rebate payments have
reached $195,500, which is 85% of Agency's budget for costs as described and provided for in
Section 6, item A,
C. Once Agency has notified City, City shall advise Agency in writing within 30 calendar days of its
desire to do one of the following:
1) end the 2000/01 Program when 100% of Agency funding is depleted; or
2) fund 100% of additional Program costs to continue with the 2000/01 Program without additional
funding from Agency; or
3) request additional funding from Agency. In such event, City shall submit a revised budget
estimate to Agency's General Manager/Chief Engineer with a written request, including reasons
for cost overruns.
If Agency's General Manager/Chief Engineer determines that the additional costs are reasonable
and that additional funds are available in Agency's Water Conservation Program, Agency's
General Manager/Chief Engineer may, in his discretion, execute an amendment to this agreement
to increase Agency's contribution to Program costs by an additional amount not to exceed
$25,000.00. Notwithstanding this authority, Agency is under no obligation to approve such
requests.
D. General Manager/Chief Engineer's Authority: The Agency's General Manager/Chief Engineer is
authorized to execute amendments that cumulatively do not exceed $25,000, pursuant to paragraphs
7.C.3 above.
E. Refund of Remaining Funds: If the Program cost accounting statement submitted under paragraph
4.K of this agreement demonstrates that Program costs. are less than the amounts paid to City, City
shall refund difference to Agency within 30 days of submitting said statement to Agency.
F. No Waiver of Breach: The waiver by Agency of any breach of any term or promise contained in this
agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of
the same or any other term or promise contained in this agreement.
G. Construction: To the fullest extent allowed by law, the provisions of this agreement shall be construed
and given effect in a manner that avoids any violation of statute, ordinance, regulation, or law. The
parties covenant and agree that in the event that any provision of this agreement is held bya 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.
City and Agency acknowledge that they have each contributed to the making of this agreement and that,
in the event of a dispute over the interpretation of this agreement, the language of the agreement will
not be construed against one party in favor of the other. City and Agency acknowledge that they have
each had an adequate opportunity to consult with counsel in the negotiation and preparation of this
agreement.
H. No Third -Party Beneficiaries: Nothing contained in this agreement shall be construed to create and
the parties do not intend to create any rights in third parties.
I. Applicable Law and Forum: This agreement shall be construed and interpreted according to the
substantive law of California excluding the law of conflicts. Any action to enforce the terms of this
agreement or for the breach thereof shall be brought and tried in the County of Sonoma.
J. Captions: The captions in this agreement are solely for convenience of reference. They are not a
part of this agreement and shall have no effect on its construction or interpretation.
K. Merger: This writing is intended both as the final expression of the agreement between the parties
hereto with respect to the included terms and as a complete and exclusive statement of the terms of
the agreement, pursuant to Code of Civil Procedure Section 1856. No modification of this agreement
shall be effective unless and until such modification is evidenced by a writing signed by both parties.
L. Time of Essence: Time is and shall be of the essence of this agreement and every provision hereof.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000101 5
8, MUTUAL INDEMNIFICATION
Each party shall indemnify, defend, protect, hold harmless, and release the other, its officers, agents, and
employees, from and against any and all claims, losses, proceedings, damages, causes of action, liability
costs, or expense (including attorneys' fees and witness costs) arising from or in connection with, o
caused by any act, omission, or negligence of such indemnifying party. This indemnification obligation
shall not be limited in an way by any limitation on the amount or type of damages or compensation
payable to or for the indemnifying party under workers' compensation acts, disability benefit acts, or other
employee benefit acts.
9 TERM OF AGREEMENT
The term of this agreement shall be one year from the date of the signed agreement, unless terminated
earlier in accordance with the terms herein.
10. TERMINATION OF AGREEMENT
This agreement may be canceled upon thirty (30) days written notice by either party,
i
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000101 6
IN WITNESS WHEREOF, the parties hereto have executed this agreement as set forth below.
/Reviewed as to substance by City: Revi � ed as to substance by Agency:
Department Head Department Head
Reviewed as to funds by City:
Finance Director
Reviewed as to form by City Attorney:
City Attorney
Approved as to form:
City's Risk Manawr
CITY OF P ALUMA
By:
Hager \
Date: l
Attest:
City Clerk
Reviewed as to funds by Agency:
�ivision Manager - Administrative Services
Reviewed as to m by Co my Counsel:
County Counsel
SONOMA COUNTY WATER AGENCY
M
Chair, Board of Directors
Date:
Attest:
County Clerk and ex -officio Clerk of the Board of
Directors
Cooperative Agreement for Funding and Administration o/ the Petaluma Water Conservation Program for 2000/01 7
ATTACHMENT A
WORDING FOR DIRECT -INSTALL CONTRACTOR
INDEMNIFICATION
Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend,
indemnify, hold harmless and release the City of Petaluma and the Sonoma County Water Agency, their
agents and employees, from and against any and all actions, claims, damages, or disabilities, that may be
asserted by any person or entity, including Contractor, arising out of or in connection with the performance
of Contractor hereunder, whether or not there is concurrent negligence on the part of City of Petaluma or
Sonoma County Water Agency, but excluding liability due to the sole active negligence or sole willful
misconduct of City of Petaluma or Sonoma County Water Agency. This indemnification obligation is not
limited in any way by any limitation on the amount or type of damages or compensation payable to or for
Contractor or its agents under Workers' Compensation acts, disability benefit acts, or other employee
benefit acts.
INSURANCE
The Contractor shall obtain insurance acceptable to the City of Petaluma and the Sonoma County Water
Agency from a company or companies acceptable to the City and Agency. The required documentation of
such insurance shall be furnished to the City at the time Contractor returns the executed contract. The
proper insurance shall be provided within ten (10) calendar days after the contractor has received the
notice that the contract has been awarded and prior to the City executing the contract. The Contractor shall
not commence work nor shall he allow his employees or subcontractors or anyone to commence work until
all insurance required hereunder has been submitted and approved.
With respect to performance of work under this contract, Contractor shall maintain and shall require all of
its subcontractors to maintain insurance as described below:
A. Workers' Compensation Insurance with statutory limits as required by the Labor Code of the
State of California. Said policy shall be endorsed with the following specific language:
This policy shall not be canceled or materially changed without first giving thirty (30) days
prior written notice to the City of Petaluma and Sonoma County Water Agency.
B. Commercial General Liability Insurance covering bodily injury and property damage utilizing an
occurrence policy form, in an amount no less than $1,000,000 combined single limit for each
occurrence. Said commercial general liability insurance policy shall either be endorsed with the
following specific language or contain equivalent language in the policy:
1. The City of Petaluma and Sonoma County Water Agency, their officers and employees,
are named as additional insured for all liability arising out of the operations by or on behalf
of the named insured in the performance of this contract.
2. The inclusion of more than one insured shall not operate to impair the rights of one
insured against another insured, and the coverage afforded shall apply as though
separate policies had been issued to each insured, but the inclusion of more than one
insured shall not operate to increase the limits of the company's liability.
3. The insurance provided herein is primary coverage to the City of Petaluma and Sonoma
County Water Agency with respect to any insurance or self-insurance programs
maintained by the City of Petaluma and the Sonoma County Water Agency.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000/01 A-1
4. This policy shall not be canceled or materially changed without First giving thirty (30) days
prior written notice to the City of Petaluma and the Sonoma County Water Agency.
C. Automobile Liability Insurance covering bodily injury and property damage in an amount no less
than $500,000 combined single limit for each occurrence. Said insurance shall include coverage
for owned, hired, and non -owned vehicles. Said policy shall be endorsed with the following
language:
This policy shall not be canceled or materially changed without first giving thirty (30)
days prior written notice to the City of Petaluma and Sonoma County Water Agency
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000101 A-2
ATTACHMENT B
City of Petaluma Water Conservation Program
For Budget Year 2000/01
prepared by the Sonoma County Water Agency
INTRODUCTION
The City of Petaluma's (City) Water Conservation Program (Program) includes development and implementation
of various water conservation measures that will reduce the amount of water used by the customers of
Petaluma's Water Utility System, as well as reduce the amount of water discharged to Petaluma's Wastewater
Treatment and Disposal System.
This Program consists primarily of voluntary, incentive -based water conservation programs. The use of
voluntary conservation programs allows for community involvement and education to achieve water resource
management without high levels of mandatory regulation. Water Conservation Programs include:
• Residential and Non -Residential Toilet Replacement Programs
• Residential Water Management Program
• Non-Residential.Landscape Water Audit and Incentive Program
• Landscape Water Conservation Ordinance and Water -Waste Reduction Program
• Commercial/Industrial Water Survey and Incentive Program
We will expand our community outreach and education program through regular newspaper ads, feature water
conservation messages on the back of Petaluma buses, and provide City staff with water conservation
information throughout the year.
We propose to work with the Council for Community Television to utilize the medium of video to produce a series
on water conservation projects. The City will sponsor contests for Petaluma residents to compete for financial
scholarships or other incentives for producing the winning water conservation videos. Council for Community
Television will seek community partners to financially participate in the scholarships and/or awards. Community
television is an untapped resource for furthering community awareness and participation.
An estimated $2,780,083 of funding will be available from 1998 through 2009 to the City for water conservation
measures and water reuse programs. These funds are included and identified in City's portion of the Sonoma
County Water Agency (Agency) Draft Water Conservation Plan with the goal to reduce water demands on the
Transmission System. The program costs and water savings estimates are based on: -
• Agency -funded Montgomery Watson Study, Water and Wastewater Efficiency/Avoided Costs Study,
September 1995 (MW Study)
• John Olaf Nelson Water Resources Management, City of Petaluma's 1997 CII Toilet Replacement Program
• Industrial Water Efficiency Program proposed for the City of Petaluma and the Sonoma County Water
Agency, April 26, 1999, prepared by Pacific Technology Associates for The Bay Institute of San Francisco
with funding from The Rose Foundation.
Agency staff will work closely with City staff and contract support to administer the Water Conservation Program.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000/01 B-1
City of Petaluma - Capital Improvement Plan (CIP)
in thousands of dollars
SOURCES
Current Year
WPC
Operating
Fund
WPC
Capital
Funds
Total
Non -Residential Toilet Replacement
FY'
5 YR CIP.
141
230
Residential Toilet Replacement
49
13
105
�.�
Residential Water Management
105
FY 99-00
00-01'1:01-0Z.,-;
t
02-03
.,03-04
04 QS
TOTAL
WPC Operating
131225
11
0
0
11
CommerciaUIndustrial Water Survey &
Incentives
22�
Fund (City)
73
118
Total
389
45
319
753
WPC Capital
5
319
.99
99
99
99
= 715
Fund (City)
Special
147
7
Assessment
(Agency)
TOTAL
331753
":; 236:°
236'236-.236
- 1697:
Water Conservation Program — FY 00-01 Budget Year
in thousands of dollars
Water Conservation Programs
Agency
Amendment
#10
WPC
Operating
Fund
WPC
Capital
Funds
Total
Non -Residential Toilet Replacement
68
21
141
230
Residential Toilet Replacement
49
13
105
167
Residential Water Management
105
0
0
105
Non -Residential Landscape Audit and
Incentive
122
0
0
122
Landscape Water Conservation Ordinance
11
0
0
11
CommerciaUIndustrial Water Survey &
Incentives
34
11
73
118
Total
389
45
319
753
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000101 B'2
NON-RESIDENTIAL TOILET REPLACEMENT PROGRAM
Background
In 1997, the City of Petaluma initiated a Non -Residential Toilet Replacement Program with the goal to replace
50% or 1,825 high-water using toilets with new water -conserving fixtures in industrial, commercial, and
institutional facilities. To date, 47%, or 861 toilets, (of the 50% replacement goal) have been replaced at a cost
of $311,187 or $361 per toilet. The annual water savings of the 1,825 toilet replacements is estimated to be 62.3
acre-feet per year (AFY).
in -Progress Administration
The budget for Fiscal Year 2000/2001 for this program is $230,000 and is described below,
The City entered into a one-year professional services agreement with Action Plumbing Maintenance and
Heating in October 1999. So far, we have received applications for replacing approximately 300 toilets. We
anticipate that this agreement will be extended through the end of the fiscal year, This extension will allow
additional time for non-residential water customers to apply for the program. Although applications are not
coming in as fast as they did at the beginning; we are finding that a number of businesses have replaced their
toilets on their own without assistance from the City.
In order to obtain the maximum possible voluntary participation, the Petaluma Non -Residential Toilet
Replacement Program gives applicants two options: 1) Direct -Install Option -where free fixtures are supplied and
installed by Action Plumbing, a City -hired contractor and 2) Rebate Option -for customers who prefer to buy
colored or fancy -style equipment from their own supplier and/or want to use their own contractor or qualified in-
house maintenance personnel. Rebates are $100 for a gravity -flush toilet and $150 for a commercial -type
power flush toilet.
Agency staff will continue to work with City staff to market and administer this program.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000/01 B-3
RESIDENTIAL TOILET REPLACEMENT PROGRAM
Background
The 10 -year Residential Toilet Replacement Program goal is to rep,ace 25% or 7,039 gravity -flush toilets in
residential dwellings. The water savings is estimated to be 86.7 AFY.
A Special Event Fund Raiser kicked off the first year of the Residentia Toilet Replacement Program, replacing
957 high -water -using toilets. Free -of -charge, 1.6-gallon-per-flusr toilets, faucet aerators, and low -flow
showerheads (fixtures) were given to residential water customers dunr: one weekend on September 1999. The
City donated $15 per toilet to Casa Grande and Petaluma High S_-ools for working with the City on this
program.
2000101 PROGRAM ADMINISTRATION
The budget for Fiscal Year 2000/2001 for this program is $167,000 anc s described below.
The second year of the program will offer participants one of two optics for fixture replacement: Special Event
Fund Raiser, and/or Rebate, Rebates of $100 per toilet will be paid :c participants who wish to purchase and
install their own fixtures. The goal is to replace 1,000 high-water-usinc ;cilets during the 2000101 program.
The programs) will be marketed through public service announc-e—ents, bus signs, newspaper ads, and
cooperative advertising with local plumbing supply stores.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000101 B-4
RESIDENTIAL WATER MANAGEMENT PROGRAM
Background
A California Irrigation Management Information System (CIMIS) weather station was installed at the Rooster Run
Golf Course in 1999. This station provides the evapotranspiration data needed to develop and implement the
irrigation management program.
2000/01 Administration
The budget for Fiscal Year 2000/2001 for this program is $105,000 and is described below.
Agency will:
Develop and implement a water management program to assist Petaluma's residential customers with water
conservation and reducing peak water use. The program will focus on answering the question: How much
irrigation does your landscape need? An extensive public information outreach program will be developed and
implemented during the irrigation season. We will prepare monthly newspaper ads, update City web page, and
irrigation management messages on City bus signs.
Develop and implement a pilot ET Satellite Controller program for up to 50 residents with large landscapes. The
top water using residential water consumers will be contacted by mail and offered a free on-site water survey. If
those contacted qualify, they will also be eligible for a free ET Satellite Controller Program. The pilot program will
include the following:
1. Residential Water Survey
We will develop and implement a water survey that includes the following elements:
Indoor Survey
Check for water leaks, including faucets, and water meter check.
• Check showerhead flow rates, faucet flow rates and offer to replace or recommend replacement, as
necessary.
• Check for water leaks and flow rates of toilets) and ' replace leaking toilet flappers and recommend
replacement of toilets with greater than 1.6 gallons per flush.
Outdoor Survey
• Check the operation of irrigation system and capabilities of existing controller(s),
• Develop a recommended irrigation schedule.
• Instruct residents how to program their irrigation controllers.
Participant Report
• Program participants will be given a summary of the survey results, a recommended irrigation schedule
and additional water conservation information.
2. Pilot ET Satellite Controller
• Free ET Satellite controller.
• Installation of free ET Satellite controller
• Station by station scheduling.
• Installation of free rain shut-off device,
• Measurement of landscape area.
Broadcast signal fee paid for 7 months.
University research of landscape and agricultural water use has determined that evapotranspiration (ET)
is the recognized and accepted method to deliver precise irrigation for landscapes, However, setting
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000/01 B-5
irrigation schedules by the ET rate is a sophisticated, time-consuming and ongoing activity, Thus, it is
rarely performed by homeowners and infrequently by landscape professionals. The results of improper
irrigation scheduling are over -watered landscapes, wasted water, summer peaking, high water bills and
infrastructure increases to meet demands.
A new technology has been developed by Michael Marian, Network Services Corp, a Petaluma resident,
to eliminate the inherent problems of efficient irrigation scheduling (U.S. Patent #5,208,855; Method and
Apparatus for Irrigation Control Using Evapotranspiration). A weekly broadcast signal with the local ET
information is sent and picked up by a computer chip embedded in the controller, which automatically
adjusts the irrigation schedule. This controller will be ready for installation into pilot projects by the spring
of 2000. The current studies of this technology/ET signal controller show:
• A 30% savings of landscape water in residential homes of modest size in Irvine, California (or a 15%
savings of total home water use).
• The ET Signal Controller shows the potential to significantly outperform Ultra Low Flush Toilets
(ULFT's) in terms of water savings and cost-effectiveness, The current water agency study confirms
this contention by showing a projected average savings of 25,000 gallons per test home in one year,
with a projected cost of $150-$225 for the ET Signal Controller unit and installation.
• Landscape water use can be set for local ET and specific home site conditions.
• The ET.Signal Controller can insure efficient irrigation scheduling on dedicated metered sites, mixed
use meter sites and unmetered sites.
• The ET signal can be broadcast weekly to insure that irrigation schedules match changes in weather.
• Individual site irrigation schedules are established with regard to soil, plant type, microclimates (sun or
shade), specific sprinkler type, etc.
• Receiving the ET Signal requires a service and broadcast fee (generally established by the size of the
landscape and water savings potential) that is costs less than the cost of saved water.
• The technology patent holder offers a variety of fee collection options for agencies and/or customers
to be further analyzed.
• The ET Controller is convenient for customers.
• The ET Signal Controller is priced to fit within existing or traditional agency ULFT distribution and
home survey programs.
Water agency studies cite that homes typically use 50% of home water in the landscape. The American
Water Works Association Research Foundation (AWWARF) end-use study in San Diego shows that 61 %
of home water is used outside in the landscape. As indoor plumbing retrofits reach saturation, or where
new homes already utilize low -flow plumbing devices, the landscape is the next significant water savings
opportunity for agencies and customers. (Where "peaking" is a problem, saving landscape water is far
more valuable than saving interior water to accommodate infrastructure capabilities.)
It has also been recognized that with current technology and techniques achieving home landscape water
use efficiency requires consistent customer action and currently lacks a verifiable measurement
capability. At best, traditional landscape conservation programs are short-term efforts requiring renewed
agency and customer actions year after year.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000101 B-6
NON-RESIDENTIAL LANDSCAPE WATER AUDIT & INCENTIVE PROGRAM
Background
The City of Petaluma is implementing Large Landscape Conservation Programs and Incentives for non-
residential water customers. The program includes:
Local ET Data
A California Irrigation Management Information System (CIMIS) weather station was installed within the
City limits. This CIMIS weather station provides the evapotranspiration data needed to develop irrigation
schedules for the Landscape Water Audit and Irrigation Incentive Programs.
Education
A Cal Poly instructor conducted a two-day training session for the City of Petaluma landscape staff,
Water Department staff, Landscape Assessment District contractors and local school district landscape
staff. The training session helped prepare the landscape professionals to perform site inspections,
evaluate irrigation systems, and develop efficient irrigation schedules for drip, bubbler, microspray and
sprinkler systems. The majority of the course was spent in the field performing "landscape audits" and
at the computer generating irrigation schedules with the audit software,
Landscape Water Audit Program
The Landscape Water Audit included an inventory of sprinklers on each valve/circuit and catch -can tests
to determine the precipitation rate and distribution uniformity of the sprinklers. The catch can volumes
were measured, recorded and entered into software developed by the Irrigation and Training Research
Center of Cal Poly. A report was prepared for the program participant with a proposed irrigation
schedule for turf areas, based on Petaluma's evapotranspiration (ET). Irrigation/controller maps were
also provided that identified the location of the sprinklers on each valve, their respective precipitation
rates and distribution uniformity.
Irrigation Incentive Program
A customized Irrigation Incentive Program was developed to assist non-residential water customers in
improving the efficiency of their sprinkler systems. The' City will pay for a portion of the labor and
material costs of the irrigation equipment that will improve water use efficiency of existing irrigation
systems.
2000/01 Administration
The budget for Fiscal Year 2000/2001 for this program is $122,000 and is described below.
The 2000/001 program includes the following:
1. Disseminate ET data to Petaluma's landscape irrigation professionals,
2. Coordinate continuing water management training classes.
3. Perform up to 20 landscape water audits at landscape areas that are larger than 1 acre,
4. Prepare a monthly review that compares water use with ET for each park.
5. Expand the City's customized Irrigation Incentive Program and market it to non-residential water customers.
Landscape Water Audits will also be performed in conjunction with the Irrigation Incentive Program.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000101 B-%
LANDSCAPE WATER CONSERVATION ORDINANCE
In -Progress Administration
The budget for Fiscal Year 2000/2001 for this program is $11,000 and is described below.
A new Landscape Conservation Ordinance is being developed by the City and shaped by community leaders.
The purpose of the ordinance is to promote efficient water use through landscape design and irrigation
management. Based on a water budget, or water allowance, irrigation water is used to maintain a healthy,
attractive and functional landscape for your businesses.
The ordinance applies to:
• All new and rehabilitated industrial, commercial, and institutional landscaping.
• All new and rehabilitated multi -family common areas after the installation or renovation of the irrigation
system.
• Turf areas of school -yards, parks, playgrounds, sports fields, cemeteries and golf courses will follow efficient
irrigation practices.
Exemptions include:
• Single-family residences and multi -family private areas, however, all residents are encouraged to follow
them.
• Registered hisfarical site.
• Ecological restoration projects that do not require permanent irrigation systems.
• Agricultural cultivation.
• Any landscaping that is irrigated solely by reclaimed (treated, recycled wastewater) water and to which there
is no pipeline installed to deliver potable City water.
As a supplement to the Ordinance, a Sustainable Landscaping Manual is being written. The manual addresses
work to conserve, recycle and reuse resources and is directed toward increasing the efficiency and reducing the
consumption of energy, water, and chemicals in landscaping.
A Water Waster Ordinance is being developed -to address opportunities for water savings and nonessentials
uses:
• The washing of sidewalks and other hard -surfaced areas by direct hosing.
• Water leaks.
• Excessive run-off of irrigation water and over spray.
• Washing machinery directly with a hose not equipped with a shutoff nozzle.
• Water for non -recycling decorative water fountains.
• Intentional disposal of debris into storm drains is prohibited.
A landscape water budget training course was taught in September 1999 by a Cal Poly professor. Water
budgeting software for use by planners, designers and landscape managers was presented. The software helps
the user define hydrozones, evaluate "what -if' situations for planting areas to comply with the water budget;
forecast annual water use, and evaluate annual water costs. Preliminary irrigation schedules can also be
generated. The Water Budgeting Handbook is based on the state's Model Landscape Ordinance (AB 325) and
the software can be tailored to handle alternative water budget and allocation methods.
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000101 B-8
COMMERCIAUINDUSTRIAL WATER SURVEY AND INCENTIVES
Background
In 1997, the City initiated a 10 -year Commercial/industrial Water Survey and Incentive Program with the goal to
obtain 10% participation and achieve a 10 acre-feet per year (AFY) estimated water savings. During the first two
program years a customized commercial/industrial water survey and incentive program was developed for Mishi
Apparel, Inc, The Bay Institute of San Francisco worked on Petaluma's programs from grant funds awarded
from the Rose Foundation for Communities and Environment. Mishi Apparel is implementing the water
efficiency recommendations in phases. They are currently in the first phase which includes replacing existing
washing machines with front -loading, horizontal axis machines. The estimated water savings will be 4 acre-feet
per year when this project is complete.
Early 2000, a second demonstration site was selected for the program, Sola Optical USA, Inc., headquartered in
Petaluma, (manufacturer of approximately 1/3 of all ophthalmic lenses worn in the United States), The
estimated water savings is 7 acre-feet per year when this project is complete, The Pacific Technology team is
currently purchasing instrumentation equipment (clamp -on flowmeters, associated data loggers, and related data
integration services) and performing an extensive water efficiency evaluation including:
• Developing a dynamic water balance for the plant, including indoor and outdoor uses. There is
currently a single City water meter for all uses.
• Evaluating -the water use in cast -cleaning, coating and edging processes.
• Evaluating potential water efficiency improvements.
The Pacific Technology team estimates that together, the two demonstration projects (Mishi Apparel, Inc. and
Sola Optical USA, Inc,) will save 11 acre-feet per year.. This estimated savings is as much water as was
predicted for the entire first -generation Commercial/industrial Survey and Incentive Program proposed for
Petaluma in the Montgomery Watson Report of 1995. .
2000/01 Administration
The budget for Fiscal Year 2000/2001 for this program is $188,000 and is described below.
Contract administration and coordination of in -progress work at Mishi Apparel Inc. and Sola Optical USA Inc.
Test the water saving potential of waterless urinals
additional demonstration sites. These demonstration
Industrial Survey and Incentive Program to Petaluma's
customers.
n non-residential facilities. Expand the program with
projects are steps needed to expand this Commercial
remaining 850+ commercial, industrial and institutional
Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for .000101 B-9
D) Resolution Authorizing The City Manager To
Enter Into A Professional Services Agreement For
. Furnishing Materials And Services For
Evapotranspiration (ET) Pilot Program With
Network Services Corporation.
7-1
B,esolution No. N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT FOR FURNISHING MATERIALS AND SERVICES FOR
EVAPOTRANSPIRATION (ET) PILOT PROGRAM WITH NETWORK SERVICES
CORPORATION.
WHEREAS, the City of Petaluma recognizes that water is an essential and limited resource; and
WHEREAS, the City of Petaluma has a 5 -year Capital Improvement Plan (CIP) for Water System
Improvements which includes Project #9931 for water conservation; and
WHEREAS, the City of Petaluma has entered into a cooperative agreement with the Sonoma County
Water Agency to fund and administer a Evapotranspiration (ET) Pilot Program included in the Water
CIP Project #9931 for water conservation; and
WHEREAS, the City of Petaluma has detennined that implementing a water management program to
assist residential water customers with water conservation and reducing peak water use is one of the
strategies that it will employ to achieve its water conservation goals.
NOW, THEREFORE, BE IT RESOLVED the Petaluma City Council authorizes the City Manager
to enter into a professional services agreement for furnishing materials and services for
Evapotranspiration (ET) Pilot Program with Network Services Corporation.
s:\water resources & conservation\conservation\resotmpet.doc
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting form
onthe .......................... day of......................................................1 20......, by the
followingvote: .......................................
City Attorney
AYES:
iES:
ABSENT:
ATTEST:..................................................................................................
City Clerk Mayor
Council File ..................................
Res. No . .................................. N.C.S.
PROFESSIONAL SERVICES AGREEMENT
FOR,
FURNISHING MATERIALS AND SERVICES FOR EVAPOTRANSPIRATION (ET)
PILOT PROGRAM WITH NETWORK SERVICES CORPORATION
(Title of Project)
(Project Account Code No. 602-400-9931-7104)
THIS AGREEMENT is made and entered into this day of ,
by and between the City of Petaluma, a Municipal Corporation and a charter city (hereinafter
referred to as "City') and Network Services Corporation, 561 Sky Ranch Drive, Petaluma,
California 94954, (hereinafter referred to as "Consultant").
The parties hereto enter into this Agreement for the purpose of Consultant providing professional
services to City under the following terms and conditions:
In consideration hereof, and the mutual promises, contained herein, the parties agree as follows:
1. Consultant shall provide the services described in Exhibit "A" attached hereto and
incorporated herein by reference.
2A. City shall compensate Consultant for services rendered hereunder under the following
terms: listed in Attachment A.
2B. 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 the City, and has
obtained a currently valid Petaluma Business Tax Receipt pursuant to the Petaluma
Municipal Code,
2C. The Consultant is also required to have paid the appropriate business tax and have a
currently valid Petaluma Business Tax Receipt pursuant to the Petaluma Municipal Code.
2D. In no case shall the total contract compensation exceed Five -Nine Thousand and Eighty
Dollars ($59,080) 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. With every
monthly invoice, a brief narrative shall be provided by Consultant along with a revised
schedule of progress and supporting materials.
3. Services performed by Consultant to City which exceed those services described in
Section 1 herein, shall be considered "extra work." Extra work shall only be performed
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by Consultant upon prior written authorization of the City Manager. Consultant shall be
compensated for extra work at the following rates: $125 per hour.
4. Use Section 4(a) or 4(b).
(a) The term of this Agreement commences on July 1, 2001, and ends on June 30,
2002. However, either party may terminate this Agreement upon providing the
other party ten (10) days' written notice of such termination, given in the manner
provided in Sections 6 and 11 herein.
(b) Consultant shall commence work upon receipt of written direction to proceed
from City. Consultant shall perform the work described herein, in accordance
with the following schedule:
Service
Completion Date
5. Consultant represents that Consultant possesses distinct professional skills in performing
said services. City has relied upon said representations as a material endorsement to
enter into this Agreement.. Consultant shall, therefore, provide properly skilled
professional and technical personnel to perfonn all services under this Agreement. It is
further understood and agreed that Consultant, including his/her agents and employees, is
not an agent or employee of the City, but rather solely responsible for his/her acts and
omissions. Consultant has full control over the means and methods of performing said
services, and Consultant understands that said services are being performed as an
independent Consultant. Nothing in this Agreement shall in any way be construed to
constitute the Consultant, or any of its agents or employees, as an agent, employee or
representative of the City.
6. Termination. This Agreement may be terminated or suspended by the City upon ten (10)
days' written notice. Said notice will be commenced by the City Manager. Upon receipt
of such notice, Consultant shall immediately stop all work in process under this
Agreement. In the event the City delivers, the Consultant shall be entitled to payment for
all services performed to date of termination to the extent they were actually performed in
accordance with this Agreement.
7. Consultant shall perform with his/her own organization, all work specified and required
in this Agreement. No assignment or transfer in whole or in part of this Agreement shall
be made without the written consent of the City.
2 6/1/00
8. Consultant may retain or subcontract for the services of other necessary consultants, with
the written approval of City. Any such subconsultants shall comply, to the extent
applicable, with the terms and conditions of this Agreement and all of the obligations and
duties imposed upon the Consultant hereunder.
9. Consultant agrees to fully comply with all appropriate local, city, state and federal laws,
regulations and ordinances governing performance of contractual services required
hereunder, in accordance with professionals' standards of care.
10. During the performance of this Agreement, Consultant will not discriminate against any
employee or applicant for employment because of race, religion, creed, color, national
origin, sex or age. Consultant shall take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, religion, creed, color, national origin, sex or age.
11. All notices required or permitted by this Agreement, including notice of change of
address, shall be in writing and given by personal delivery or sent by United States Mail,
postage prepaid and addressed to the parties intended to be notified. Notice shall be
deemed given as of the date of delivery in person or as of the date deposited in any post
office or any post office box regularly maintained by the United States Government.
Notice shall be given as follows:
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, Califoniia 94953
Telephone: (707) 778-4360
Consultant: Mr. Michael Marian
Network Services Corporation
561 Sky Ranch Drive
Petaluma, CA 94954
Telephone: (707) 769-9696
12. All bills shall be sent to the designated project contact person on a monthly basis or upon
task completion, whichever is appropriate. Bills will be checked by said contact person
for compliance with the provisions of this Agreement and then forwarded to "Accounts
Payable." City shall endeavor to make payment of said bill within thirty (30) days of
receipt.
13. 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 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
designated representative.
3 6/1/00
14. Consultant hereby covenants and agrees to, and shall, indemnify, save harmless and
defend, the City of Petaluma, its agents and/or employees against all claims, demands,
costs, and liabilities for damages of any kind or nature including, but not limited to,
damages for death or injury to any person (including Consultant's employees and agents)
or damage or destruction to any property of either party hereto or third persons in any
manner arising out of or occasioned by Consultant's performance of its obligations
pursuant to this Agreement whether or not there is a contributing act or omission or
concurrent, passive or active negligence or otherwise on the part of the City, except those
claims arising from the established active sole negligence or sole willful misconduct of
the City or the City's employees. The City may retain so much of the money due
Consultant as shall be considered necessary, until disposition has been made of claims or
suits for damages as aforesaid.
15. Insurance. See "Insurance Requirements for Consultants" in Exhibit B1 or B2 attached
hereto and incorporated herein by reference. Please check and initial exhibit to be
incorporated:
Exhibit, B 1 X Exhibit B2
16. Amendment. This Agreement may be amended, provided said amendment is in writing
and signed by both parties.
17. 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.
18. This Agreement constitutes the entire agreement between the parties.
19. Breach. City reserves the right to terminate this Agreement immediately in the event of a
breach by Consultant. It is further understood and agreed that in the event of a breach of
this Agreement by Consultant, in addition to all other remedies, penalties and damages
provided by law, City may provide such services or retain another consultant to provide
such services, and deduct from the amounts due or to become due to Consultant the
actual costs to City to provide or obtain such services.
20. This contract is the product of negotiation and compromise on the part of both parties and
that the parties agree, notwithstanding Civil Code section 1654, that in the event of
uncertainty, the language is not to be construed against the party causing the uncertainty
to exist.
21. Applicable Law. Each party's performance hereunder shall comply with all applicable
laws of the United States of America, the State of California, and the City of Petaluma.
4 6/1/00
This Agreement shall be enforced and interpreted under the laws of the State of
California and the City of Petaluma. If any part, term or provision of this Agreement
shall be held void, illegal, unenforceable, or in conflict with any law of the federal, state
or local government having jurisdiction over this Agreement, the validity of the
remaining portions or provisions shall not be affected thereby.
22. 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.
23. Severability. If any teen 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.
24. 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.
25. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of accounts, invoices,
l
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 during 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.
5 6/1/00
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Head
APPROVED:
Risk Manager
APPROVED:
Finance Director
profess (fink)
CONSULTANT
Title
561 Sky Ranch Drive
Address
Petaluma CA 94954
City State Zip
Taxpayer I.D. Number
Petaluma Business Tax Receipt Number
6 6/1/00
INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Consultant, his agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $500,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general aggregate limit shall
be twice the required occurrence limit.
2. Automobile Liability: $500,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
9ductibles and Self -Insured Retentions
/y deductibles or self-insured retentions must be declared to and approved by the City. At the option of the
city, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,
its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies. are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles
owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its officers, officials, employees or volunteers. Coverage
shall not extend to any indemnity coverage for the active negligence of the additional insured in any
case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of
section 2782 of the Civil Code.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
3. Any failure to comply with reporting or other. provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the City.
Exhibit B 1
Page 1 of 2
6/1/00
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII, unless other=rise
acceptable to the City.
Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The
endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the coverage
required by these specifications.
Exhibit B 1
Page 2 of 2
611100
INSURANCE REQUIREMENTS FOR CONSULTANTS
.;onsultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Consultant, his agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and omissions liability insurance appropriate to the Consultant's profession.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general aggregate limit shall
be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and omissions liability: $1,000,000 per occurrence.
Auctibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the, City. At the option of the
City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,
its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles
owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its officers, officials, employees or volunteers. Coverage
shall not extend to any indemnity coverage for the active negligence of the additional insured in any
case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of
section 2782 of the Civil Code.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the City.
Exhibit B2
Page 1 of 2
6/1/00
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANN, unless other•-�sc
acceptable to the City.
Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The
endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the coverage
required by these specifications.
Exhibit B2
Page 2 of 2
6/1/00
Pilot Program for the City of Petaluma:
ReducingSummer Water Demand by
Improving Landscape Irrigation Scheduling
Proposed by:
Network Services Corporation
561 Sky Ranch Drive
Petaluma, CA 94954
707 769 9696
in association with.-
Gardener's
ith:
Gardener's Guild, Inc. (San Rafael)
Pacific Technology Associates (Petaluma)
Council for Community Television (Petaluma)
Network Services Corporation
Irrigation Scheduling Service
Executive Summary
Pilot Program
A yearlong pilot test is proposed for a unique irrigation scheduling technology that
provides a simple and inexpensive means for delivering horticulturally correct
volumes of water to landscapes served by automatic irrigation systems. The elegance
of this field -proven technology offers the potential for significant summer water
savings, improved customer satisfaction (healthier landscapes and more free time),
and a new revenue source for the City's water enterprise - a service fee that covers
costs, and is less expensive to customers than the extra water otherwise used. This
policy measure also reduces summer power demand, avoids runoff (often carrying
horticultural chemicals), and lessens surface or groundwater source issues.
This irrigation scheduling service perfectly complements all City of Petaluma water
resources policy actions, both underway and planned. This pilot, to serve fifty
customers, is designed to develop the information required to support a cost-effective
citywide rollout. This is a near- to mid-term policy response that will likely become
available prior to either reclaimed waters or a parallel Petaluma Aqueduct.
Significance
A central issue for City of Petaluma water resources planning is the ability to meet
the peak summer demand. As new customers continue to join the system, the City is
quickly responding to the supply constraint of the Petaluma Aqueduct by drilling
wells, adding storage, and instituting ordinances that address summer demand.2
Longer-term planning includes a second aqueduct to convey Russian River water
south, and the ability to distribute reclaimed water that meets Title 22 standards. The
Water Resources Plan being developed by Black and Veatch will provide means for
integrating these and other approaches.
1 The Black & Veatch proposal for addressing the reclaimed water portion of the Water Resources Plan includes a
design assumption that the volume of irrigation water demanded will not exceed that determined by
evapotranspiration. Given that the technology embedded in this proposal may provide the only means for customers
to realistically satisfy this criteria, the opportunity to pilot this now is fortuitous.
2 The conservation ordinances ban specific water wasting practices, provide rebates for replacing specific
components of non-residential irrigation systems, and require future non-residential landscapes to be irrigated with a
water volume not exceeding its evapotranspiration demand.
Network Services Corporation Page 2 21 May 01
Irrigation Scheduling Service
Pilot Program
This project opens the door to a complementary service; irrigation scheduling for
existing customers, by far the largest contributor to summer water demand.
Preliminary findings from a pilot test involving 40 homes served by the Irvine Ranch
Water District indicates that ET -based irrigation scheduling reduced landscape water
consumption by an average of 24 percent for both years data has been tracked. The
technology (described below) is applicable today only for customers having irrigation
systems with one to twelve electrically controlled water valves. A new version is
being developed to serve larger systems (e.g., larger non-residential landscapes). The
technology is not applicable where irrigation is performed manually.
Figure 1 illustrates the probable effect of scheduling irrigation systems to conform to
evapotranspiration. The average water demand in Petaluma during the peak month of
1998 was measured at 14.7 million gallons per day (mgd). Of this, 0.71 mgd was for
unaccounted uses. A 1995 breakdown of Petaluma water demands conducted by
Figure 1
16
14
12
5 V 10
0
E 8
O
a 6
.sc
Co 4
a0)
K
C
EFFECT OF IRRIGATION SCHEDULING
(Assume 24% Savings where Technology Applies)
Current Phase I Phase II
SF Outdoor
® MF Outdoor
IZICI I Outdoor
MAII Indoor
0 Unaccounted
Montgomery Watson indicates that all Petaluma's indoor water uses totaled
approximately 4.12 mgd, and that outdoor water uses were distributed between
single-family residential, multi family residential, and commercial, institutional, and
Network Services Corporation Page 3 21 May 01
4Off
-
�"
Current Phase I Phase II
SF Outdoor
® MF Outdoor
IZICI I Outdoor
MAII Indoor
0 Unaccounted
Montgomery Watson indicates that all Petaluma's indoor water uses totaled
approximately 4.12 mgd, and that outdoor water uses were distributed between
single-family residential, multi family residential, and commercial, institutional, and
Network Services Corporation Page 3 21 May 01
Irrigation Scheduling Service
Pilot Program
industrial (CID uses on a 55%, 3%, and 42% proportion.3 During the peals month of
1998, the total demand for these outdoor uses is estimated at 9.9 mgd.
Assuming that 50% of the landscaping associated with Petaluma's single-family
residences is equipped with an automatic irrigation system, that improved scheduling
technology will reduce outdoor usage at these homes by the average of 24% indicated
in Irvine, overall city demand would be reduced by 0.6 mgd during the peak month
(1998). This is depicted by Phase I on Figure 1. When the technology is extended to
all other outdoor sectors (where irrigation systems cover a larger percentage of the
total landscaped area), total water savings may grow up to approximately 12% of
Petaluma's peak monthly demand, again assuming an average savings of 24% per
customer. With 1998 data, this translates to a technical potential for a reduction of
1.6 mgd (illustrated on Figure 1 as "Phase 11"). This pilot project will provide the
basis for better estimating the potential savings for Petaluma.4
Technology
Widespread research of landscape and agricultural water use confirms that
evapotranspiration (ET) is the most important variable needed to determine
horticulturally correct irrigation water schedules. However, because setting irrigation
schedules by the ET rate is a sophisticated, time-consuming and continuous activity,
either homeowners or landscape professionals rarely perform it. The result is sub-
optimal irrigation scheduling that leads to over -watered landscapes, transport of
horticultural chemicals away from target sites, expensive water system capacity to
meet inordinately high summer demand, and therefore excessive costs on several
levels.
A new technology, developed in Petaluma by Network Services Corporation, intends
to eliminate the above issues by automatically providing ET -based schedules for
3 Water and Wastewater Efficiency/Avoided Cost Study (1995). Prepared for the Sonoma County Water Agency by
Montgomery Watson and Pacific Technology Associates.
4 Recent publications by the American Water Works Association Research Foundation (Residential End Uses of
Water, and Commercial & Institutional End Uses of Water) contain information generally suggesting relatively less
and more opportunities, respectively, for reducing water use via ET -based scheduling than indicated by the Irvine
data. There is a clear need to more about the details about the location and magnitude of Petaluma's savings
opportunities.
Network Services Corporation Page 4 21 May 01
Irrigation Scheduling Service
Pilot Program
residential irrigation systems.5 The technology includes ET Controllers, one of which
is installed at each site where irrigation is to be precisely controlled, and means for
broadcasting ET data weekly via a satellite to the specific ET Controller(s) it applies
to. Upon receipt of ET data, ET Controllers automatically adjust irrigation schedules.
A current study of this technology at the Irvine Ranch Water District shows:
• Projected average savings of 58 gpd per person (24% of pre -retrofit outdoor
use).
• The technology provides specific irrigation schedules that, in addition to
current ET, reflect soil type, slope, plantings, microclimate (sun or shade), and
type of sprinkler (including drip) associated with each valved line.
• Customers praise the ET Controller for simplicity, convenience, and the
resulting healthier -looking landscape. No service calls were received during
the second year of the test.
• The ability to eliminate over watering, and therefore the propensity to avoid
non -point water pollution (via the transport of horticultural chemicals off-
site), has attracted the EPA to fund a $900,000 research effort that will
evaluate the pollution prevention aspects of this technology.
Objective
Evaluate the water saving potential in Petaluma of improving landscape irrigation
scheduling to match evapotranspiration, and develop a protocol for attracting
residential customers to adopt such technology with an approach that is financially
beneficial for customers, the City, and the supplier of such technology.
Scope of Work
This project will proceed much like other efficiency pilot projects conducted by the
City of Petaluma. First, a pool of candidates must be selected. Next, the protocol for
5 U.S. Patent #5,208,855: Method and Apparatus for b•rigation Control Using Evapotranspiration. An excellent
description of the technology, including features relevant for Petaluma homeowners, is available at
http•//www space com/busiLiesstecluiology/technology/lawnsat 000816.html
Network Services Corporation Page 5 21 May 01
Irrigation Scheduling Service
Pilot Program
interacting respectfully and effectively with these candidates will be developed,
reviewed with City staff, and adjusted as necessary. Equipment installation, together
with on-site data collection, follows. Finally, all data will be reviewed, evaluated, and
a report will be prepared. This will be presented to City staff orally and as a written
report. Given that a full year following installation is required to acquire a full set of
data, a preliminary review of early data will be provided during fall or winter of 2001
if sufficient data is available to warrant preliminary analysis.
Network Services Corporation proposes a team approach with its sub consultants and
City staff. This will ensure a consistent portrayal of the project between team
members, the City, and the City's customers; and maximize the value provided to the
City by all consultants (for example, to ensure this project and Black & Veatch's
work reinforce each other and do not overlap). Specific areas of emphasis include:
Task l: Select Candidates
• Obtain the residential customer database. Sort to eliminate customers without
at least three years of continuous billing records. Select a pool of 150 primary
and 150 backup candidates from whom up to 50 participants will be found.6
To maximize the predictive, value of this pilot project, the list will ideally
represent the full variety of residential landscapes found throughout the City's
service area (perhaps B&V's work has already identified residential categories
grouped by landscape size).
• Develop the usage history and contact information for all candidates.
Task 2: Develop Customer Approach
• Develop overall approach: precisely what is offered, and how to communicate
it. This anticipates issues of who qualifies for the program, equipment
ownership, service agreements, assignment of responsibilities, procedures for
6 To enhance the flexibility and value of this pilot project, Network Services Corporation is prepared to serve up to
ten non-residential in place of residential test sites, according to the desires of City staff.
Network Services Corporation Page 6 21 May 01
Irrigation Scheduling Service
Pilot Program
dealing with poorly maintained irrigation systems, etc. Consultant will review
approach with City staff and adjust as necessary
• Develop support material: initial mailing piece (with City for City to send),
telephone follow-up and scheduling procedure, participant information kit
(frequently asked questions, liability and billing record release forms, and a
video -based user's guide), installer's data gathering forms, database template
for recording field data, log for monitoring service calls, and a post -project
participant evaluation form.
Train Installation Crews: program objectives, technology briefing, interaction
with participants, landscape irrigation survey, installation particulars, and
system calibration.
• Develop procedure for estimating water savings
Protocol for obtaining regular water meter billing readings
Detailed Aquacraft pulse data from city water meters for 10% of the
participants at three times: immediately prior to installing the new ET
irrigation controller, immediately after the installation, and near the end of
the irrigation season. Following the precedent of the CII toilet study, this
proposal assumes the City will obtain this data. This will be used to
validate the less expensive method used to estimate savings for the bulk of
the participants.
Task 3: Installation
• Qualify candidates, sell program, and schedule work
• Install system (including collecting site data)
• Transcribe field data into computer database
Network Services Corporation Page 7 21 May 01
Irrigation Scheduling Service Pilot Program
Team
Task 4: Support Installed Systems
• Update ET Controllers with current evapotranspiration data (weekly)
• Respond to customer service calls (telephone number provided on all installed
units)
Task 5: Evaluate Data and Report Findings
At the conclusion of the project, Network. Services Corporation will provide an
analysis of water savings and a preliminary outline of the financial performance of a
full-scale project. The latter will include a discussion of factors needed for a rigorous
evaluation of financial performance, if not provided during the interim by others.7
A preliminary water savings report will be prepared following the 2001 irrigation
season if sufficient billing data is available to warrant analysis.
In addition to support provided by the City of Petaluma, the following sub consultants
will assist Network Services Corporation on this project:
• Gardener's Guild, Inc: scheduling, installation, field data gathering and
processing, and customer support services. Gardener's Guild ("The craft of
landscaping, the business of economical resource management") is an
employee -owned firm established in 1972 that is pioneering sustainable
landscape management concepts.
• Pacific Technology Associates: project design, utility economics, and
evaluation services. Pacific Technology ("Strategies for a Sustainable
Future"), established in Petaluma in 1989, assists in similar capacities for a
wide variety of projects that involve natural resource flows.
• Council for Community Television: Joe DeVito and Bob Clark have quickly
7 For example, current estimates of the avoided cost of water for Petaluma do not reflect the costs of endangered
species mitigations in source watersheds, summer peaking operations, or future reclaimed water supply.
Network Services Corporation Page 8 21 May 01
Irrigation Scheduling Service
Pilot Program
developed an enviable track record for communicating the benefits of
innovative water saving strategies through a variety of multimedia formats.
TASK
Professional
Service
Equipment
TOTAL.
1. Select
Candidates
$6,000
$0
$6,000
2. Customer
Approach
$15,140
$0
$15,140
3. Installation
$9;440
$7,500
$16,940
4. System Support
$6,000
$0
$6,000
5. Evaluate and
Report
$15,000
$0
$15,000
TOTAL
$59,080
Schedule
Based upon prior experience with the Irvine Ranch Water District, Network Services
projects that all 50 participants may be selected and provided with ET Controllers this
summer. Data gathering will continue through an entire irrigation cycle. The final
report will be provided not later than November 30, 2002.
Network Services Corporation Page 9 21 May 01