HomeMy WebLinkAboutResolution 2017-085 N.C.S. 06/05/2017Resolution No. 2017 -085 N.C.S.
of the City of Petaluma, California
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH DAILY ACTS FOR OUTREACH
SERVICES FOR THE WATER CONSERVATION AND STORM WATER PROGRAM
WHEREAS, the Water Demand and Supply Analysis, developed in support of the 2025
General Plan, recommended a cost effective water conservation program that met sustained
water offset requirements; and
WHEREAS, the Water Conservation Plan was adopted by the City Council in 2008 and
has been developed to offset supply by 448 million gallons per year, with nineteen water
conservation measures; and
WHEREAS, the City of Petaluma's water conservation program is designed to improve
the water use efficiency of its customers by offering innovative conservation programs; and
WHEREAS, the City of Petaluma's storm water program is required by the State Water
Resources Control Board to meet the requirements of Section E.7.a. of the Phase II Small
Municipal Separate Storm Sewer Systems (MS4) General Permit; and
WHEREAS, facilitating conservation and storm water outreach program with online
resources through the City's website and social media supports the efficient and interactive
communication between residents and City departments; and
WHEREAS, the ongoing water conservation and storm water pollution prevention
education outreach program assists residential, commercial, industrial and institutional customers
in conserving water and preventing storm water pollution and will help the City meet the
requirements of the Water Conservation Plan, the General Plan 2025, the Urban Water
Management Plan 2015 and the National Pollutant Discharge Elimination System MS4 permit;
and
WHEREAS, funding for this education and outreach program will come from the
budgets for the City of Petaluma's water conservation and storm water programs; and
WHEREAS, Daily Acts, a local non - profit educational organization, has successfully
managed and implemented the City's water conservation education outreach activities since
2006 and storm water outreach since 2014 and has demonstrated their organization to be a leader
in environmental education and outreach in our area; and
WHEREAS, on September 30, 2014, the City awarded a contract with Daily Acts for
three years in an amount not to exceed $68,180.00 per year; and
WHEREAS, the option to extend the current contract in lieu of executing a new
agreement was not considered as the scope of work has changed and Daily Act's labor rates have
increased; and
Resolution No. 2017 -085 N.C.S. Page 1
WHEREAS, a bidding process for the outreach needs was not pursued because Daily
Acts' performance has been exemplary, they submitted the only proposal when staff put the
project out for bid in 2014, they are uniquely suited to provide the level of professional support
outlined in the scope of services, and they perform similar outreach needs for the surrounding
municipalities; and
WHEREAS, City staff, upon careful review of the submitted proposal for completeness
and competency, recommends execution of a Professional Services Agreement with Daily Acts
for outreach services for the water conservation and storm water programs.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Petaluma hereby authorizes the City Manager to execute the Professional Services Agreement
with Daily Acts for Outreach Services for the Water Conservation and Storm Water Programs
attached as Exhibit A to this resolution and incorporated herein by reference in an amount not to
exceed $72,856.50 per year for a three year term terminating June 30, 2020, upon provision of
certificates of insurance and other required documentation acceptable to the City Attorney and
City Risk Manager.
Under the power and authority conferred upon this Council by the Charter of said City.
Resolution No. 2017 -085 N.C.S.
Page 2
PROFESSIONAL SERVICES AGREEMENT
Outreach Services for the Water Conservation and Storm Water Programs
(Title of Project)
FY 17/18
Fund # 6700 Cost Center 67200
Object Code
Project # 54130
Amount $59,742.50
For multi -year contracts
or contracts with
multiple accounts:
FY 17/18
Fund # 6800 Cost Center 68100
Object Code
Project # 54140
Amount $13,114
FY 18/19
Fund # 6700 Cost Center 67200
Object Code
Project # 54130
Amount $59.742.50
FY 18/19
Fund # 6800 Cost Center 68100
Object Code
Project # 54140
Amount $13,114
FY 19/20
Fund # 6700 Cost Center 67200
Object Code
Project # 54130
Amount $59.742.50
FY 19/20
Fund # 6800 Cost Center 68100
Object Code
Project # 54140
Amount $13,114
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is entered into and effective
as of , 20 ( "Effective Date "), by and between the City of Petaluma, a
city use only)
municipal corporation and a chatter city ( "City ") and Daily Acts, a local not - for - profit
environmental education awareness organization ( "Consultant ") (collectively, the "Parties ").
WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing
professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
Services. Consultant shall provide the services as described in and in accordance with
the schedule set forth in Exhibit "A" attached hereto and incorporated herein
( "Services ").
2. Compensation; Business Tax Certificate.
A. For the full performance of the Services as described herein, City shall
compensate Consultant in accordance with the rates specified in Exhibit A.
B. Consultant shall submit detailed monthly invoices reflecting all services
performed during the preceding month, and including a revised schedule for
performance and additional documentation requested by City, as applicable.
C. Consultant shall be compensated for services in addition to those described in
Exhibit A, only if Consultant and City execute a written amendment to this
Agreement describing the additional services to be performed and the
compensation to be paid for such services. In no case shall the total compensation
under this Agreement exceed $72,856.50 without prior written authorization of
the City Manager. Further, no compensation for a section or work program
component attached with a specific budget shall be exceeded without prior written
authorization of the City Manager.
D. Notwithstanding any provision herein, Consultant shall not be paid any
compensation until such time as Consultant has on file with the City Finance
Department a current W -9 form available from the IRS website (www.irs.gov)
and has obtained a currently valid Petaluma business tax certificate.
Resolution No, 2017 -085 N.C.S. Page 3
E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3, Term. The term of this Agreement commences on the Effective Date, and terminates on
June 30, 2020, unless sooner terminated in accordance with Section 4. Upon termination,
any and all of City's documents or materials provided to Consultant and any and all of
the documents or materials prepared for City or relating to the performance of the
Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) days after termination of the Agreement.
4. Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Consultant shall be entitled to payment for all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
5. Consultant's Representation; Independent Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment.
6.. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
8. Time. Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
Resolution No. 2017 -085 N.C.S. Page 4
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
10. Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Set-vices.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
12. Conflict of Interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and City may, at
its sole discretion, immediately terminate this Agreement. Certain Consultants are
subject to the requirements, including the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such
Consultants subject to the City's Conflict of Interest Code include those whose work may
involve: making government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Set vices.
13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
Consultant's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the .full extent applicable, with
Resolution No. 2017 -085 N.C.S. Page 5
the terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
17. Compliance With All Laws. Consultant shall fully comply with all applicable local,
state and federal rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance "), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement as Exhibit C, shall be a part of this Agreement for
all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Exhibit C in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof.
19. Discrimination. During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
Resolution No. 2017 -085 N.C.S. Page 6
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered
by first -class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the accurate transmission thereof. Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a nonbusiness day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778 -4360
Fax: (707) 778 -4554
Email: cityclerk @ci.petaluma.ca.us
And:
Citv of Petaluma - Public Works & Utilities Dept.
Dan St. John
I1 English Street
Petaluma, CA 94952
Phone: 707/776 -3728
Fax: 707/656 -4067
Email: cthompson@ci.petaluma.ca.us
Consultant: Trathen Heckman
Daily Acts
P.O. Box 293
Petaluma, CA 94953
Phone: 707/789 -9664
Fax:
Email: trathen@dail, act ts.org
21. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
22. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ( "Indemnitees ") from and against any and all liability,
loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, civil penalties and fines, expenses and costs (including, without
limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively,
"Liability ") of every nature, whether actual, alleged or threatened, arising out of or in
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
Resolution No. 2017 -085 N.C.S. Page 7
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days to any tender for defense
and' indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement. The defense and indemnification obligations of this Agreement shall no way
be limited by, the insurance obligations that apply to this Agreement pursuant to Section
23.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's. duty to indemnify under this provision shall not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782.8, as may be amended from time
to.time; Consultant's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
23. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B -2, attached hereto and incorporated herein by reference, [Indicate attached
exhibit e.g. `13-1," `13-2," `13-3," or `13-4.1
24. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
25. Litigation. If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant, upon request from City, agrees to testify therein at a
reasonable and customary fee.
26. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654,
any uncertainty in the Agreement shall not' be construed against the drafter of the
Agreement.
Resolution No. 2017 -085 N.C.S. Page 8
27. Governing Law; Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of Sonoma, State of California.
28. Non - Waiver. The City's failure to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in full force and effect.
29. 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.
30. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The Parties
shall mutually agree upon the mediator and shall divide the costs of mediation equally.
32. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to the City for
a minimum period of three (3) years or for any longer period required by law,
from the date of final payment to Consultant pursuant to this Agreement.
B. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years or for
any longer period required by law, from the date of termination or completion of
this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time 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.
Resolution No. 2017 -085 N.C.S. Page 9
33. Headings. The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein.
34. Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination or expiration of this Agreement.
35. Entire Agreement. This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CONSULTANT
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City 9tate Zip
Taxpayer I.D. Number
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Petaluma Business Tax Certificate Number
file name: s: /enviromnental services /conservation/publie outreach /2017 /agreement/professional services agreement Nvith daily acts
Resolution No. 2017 -085 N.C.S. Page 10
Exhibit A
Scope of Services
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PO Box 293, Petaluma, CA 94953 • (707) 789 -9664 • -xv«rtv.dailyacts.org moreinfo @dailyacts.org
City of Petaluma: Scope of Work
Water Conservation and Storm Water Education and Outreach Program
July 2017 — June 2020
Purpose
To support implementation of City of Petaluma water conservation and storm water education and
outreach programs.
Background
The City of Petaluma offers incentive -based water conservation programs geared toward municipal water
and sewer customers. The City is also responsible for meeting education and outreach requirements for its
MS4 Storm `Plater Permit. In order to maximize community engagement and create lasting behavior
change, the City partners with Daily Acts (a Petaluma -based sustainability education nonprofit) to deliver
its water conservation and storm water education and outreach programs.
Daily Acts was established in 2002 and their mission is to transform our communities through inspired
action and education, which builds leadership and local self - reliance. Through sustainabili), tours, Skill
Building workshops, and campaigns like the Community Resilience Challenge, they inspire action to grow
healthy food, conserve resources, and build community while transforming lives, homes, gardens, and
neighborhoods.
Daily Acts emphasizes low -cost, low -tech water conservation and storm water solutions including sheet
mulching, rainwater harvesting, gaaywater recycling systems, rain gardens and drought tolerant planting.
Their programs facilitate local, placed -based action, support the development of local leaders and
strengthen communities through the use of inspiring educational models.
Scope of Services
Daily Acts will implement a range of strategic education and outreach programs'aimed at reducing water
use and storm water pollution, as well as increasing participation in the City of Petaluma's innovative water
conservation programs.
Daily Acts will focus its activities on four integrated areas of impact: Workshops, Presentations and Events;
Community Resilience Challenge; public Demonstration Gardens; and Education and Outreach. Specific
services include: program development, planning, marketing and promotion, execution, folloty -up, and
evaluation.
Resolution No. 2017 -085 N.C.S. Page I 1
Daily Acts education and outreach programs will build on the success of existing water conservation and
storm water programs, enhance the integration of water conservation and pollution prevention efforts
across the city, and engage neighbors, schools, businesses and local groups in local programs to reduce
water use and storm water pollution.
The anticipated start date for implementation of this Scope of Work is July 1, 2017 with a completion date
of June 30, 2020.
Deliverable 1: Workshops, Presentations & Events $45,286.00
1a) Watershed - Friendly Landscape Installation Workshops
Daily Acts will implement several (annual number to be determined based on each project size and scope)
installation workshops to support businesses, schools and other institutions in the transformation of their
lawns into water -wise, watershed - friendly landscapes.
Workshops will be 3 -5 hours in length and will be designed to provide participants with the inspiration,
skills, and resources to implement water conservation and storm water mitigation strategies in their own
gardens. On -site work may include: sheet mulching, low water -use planting, drip irrigation installation,
earthworks, rain gardens and other Low Impact Development (LID) methods for storm water
management and rainwater retention.
Watershed - friendly landscape installation workshops at schools will be delivered in collaboration with the
Friends of the Petaluma River where appropriate and will provide a complimentary, hands -on component
to their Watershed Classroom' curriculum.
1b) Water -Wise Skill Building Workshops
Daily Acts will implement five, 3 -5 hour workshops to provide Petaluma residents with the inspiration,
skills, and resources they need to implement water-wise landscaping practices in their own gardens, as well
as reduce storm water pollution. Specific workshop topics -,yill be determined based upon City of Petaluma
priorities, community needs and /or seasonal appropriateness and will cover any of the following: sheet
mulching, water -wise plants, alternative lawns, garden design, drip irrigation, greywater systems, downspout
disconnects, swales, rain gardens, and rainwater storage. When appropriate, the hands -on portion of each
workshop will highlight low -cost, low -tech solutions, with a particular emphasis on the programs offered
by the City of Petaluma.
Workshops will be promoted through local networks and media to encourage attendance of Petaluma
residents. This includes, but is not limited to, targeted email blasts, bill inserts, post cards, and electronic
newsletters.
Resolution No. 2017 -085 N.C.S. Page 12
Implementation of the workshops outlined in 1a) and 1b) above will include the development and
distribution of resources related to the presentation topic, information on the City's water conservation and
storm water programs (including Mulch Madness, Water Wise House Calls and other rebate programs) and
a participant evaluation survey. Participation in at least one water -wise workshop (1b) will be a prerequisite
to receive a `Garden Consultation' as part of Mulch Madness Program Support (see 4a below).
1c) Water -Wise Tours
In consultation with the City of Petaluma, Daily Acts will identify residences, publicly -owned sites and
businesses that are modeling water -wise and watershed- friendly landscaping solutions to showcase on
seasonal community tours. Tours could be hosted in partnership with the Sonoma County Water Agency's
annual Eco- Friendly Garden Tour each spring or could be designed to support emergent priorities
depending on rainfall in a particular year (e.g. rainwater harvesting, flood prevention, watershed- friendly
(LID) practices, greywater systems, drought tolerant gardens, etc.).
Tours will be promoted through local networks and media to encourage attendance of Petaluma residents.
This will include, but is not limited to, targeted email blasts, bill inserts, post cards, and electronic
newsletters.
Topic- specific resources will be developed for each tour and distributed to tour attendees, as will
information on the City's water conservation and storm water programs (including Mulch Madness, Water
Wise House Calls and other rebate programs) and a participant evaluation survey.
Deliverable 2• Community Resilience Challenge $6,235.00
2a) `Garden in a Day' Demonstration Garden Installation
Daily Acts will work with the City of Petaluma to develop, design and facilitate one `Garden in a Day'
installation annually as part of the Community Resilience Challenge. This lawn conversion will take place at
a high - profile public or community site such as Petaluma Regional Library.'
The purpose of the installation is to expand or develop a water -wise and watershed - friendly demonstration
garden and to provide installation participants with the inspiration, skills, resources and relationships to
implement a water -wise landscape on their own property. The installation event will introduce participants
to sheet mulching and provide a hands -on demonstration in landscaping design, plant selection, installation
techniques and maintenance methodologies. Depending on project site, incorporation of Low- Impact
Development (LID) strategies will be implemented to showcase watershed- friendly landscaping practices
like swales, rain gardens and earthworks.
All event participants will receive educational resources, City of Petaluma water conservation program
information, and a participant evaluation survey. Additional, Community Resilience Challenge outreach will
include targeted emails, press releases and canvassing.
Resolution No. 2017 -085 N.C.S. Page 13
Deliverable 3• Demonstration Landscapes $5,628.00
3a) Seasonal Maintenance Workshops
Daily Acts will provide two half -day, seasonal maintenance workshops at Cavanagh Center, Petaluma City
Hall and/ or other demonstration landscapes. Volunteer groups from the community, such as Santa Rosa
Junior College students and local businesses, will be recruited to complete projects such as mulching,
weeding and planting.
3b) Stewardship Program
Daily Acts will work to continue stewardship of Cavanagh Center and Petaluma City Hall through
neighborhood outreach and regularly occurring volunteer drop -in programs to engage the community in
the maintenance of these demonstration gardens. These two hour programs will be offered eight times per
year and will include routine maintenance tasks such as weeding, pruning and irrigation repair.
Deliverable 4• Education & Outreach $12,956.50
4a) Mulch Madness Program Support
To increase the uptake of the City's Mulch Madness Program and to encourage residents to revegetate
sheet mulched lawns, Daily Acts will create a series of educational resources on the sheet mulching process,
water -wise plant selection and maintenance requirements upon completion of lawn conversion. For
participants who need additional information and support, Daily Acts will provide a 1 -2 hour garden
consultation to Petaluma residents who also attend at least one Installation or Skill Building Workshop
taught either in Petaluma or within the county.
Garden consultations will promote a holistic approach to watershed - friendly landscaping and will
emphasize low -tech, low -cost solutions for rainwater harvesting earthworks, greywater systems, garden
design and drip irrigation. Residents will be provided with a recommended plant list and a rough sketch of
where to incorporate water -wise and watershed - friendly practices in their landscape.
Note. The cost estimate for Mulcb Madness Program Support is based on conducting 30 site Uisitr. If nroi-e an requhed due to poprrla ity
ofprogtam, than a conduct amendment can be negotiated to provide additional consultations.
4b) Resilient Homes Program
To highlight the impact of Mulch Madness and to inspire more residents to implement watershed- friendly
practices, Daily Acts will implement an outreach program that includes the following components; yard
signs to highlight the different watershed - friendly features located at each site (such as drip irrigation,
water -wise plants, pollinator habitat, low water edibles, greywater system, rain gardens, earthworks, or
rainwater harvesting system); interactive online map showing general location of homes that have
participated in Mulch Madness and /or are modeling sustainability solutions; and case studies and videos to
document success and lessons learned.
The Petaluma Resilient Homes Program will be part of a broader county -wide initiative that Daily Acts is
launching which includes the establishment of Resilience Hubs, a formalized network of homes, schools,
community centers, churches and businesses that are models of food production, community engagement,
drought resilience and social cohesion. These will be places where community can gather for talks,
Resolution No. 2017 -085 N.C.S. Page 14
trainings and tours to learn about low -cost, low -tech sustainability solutions, connect with neighbors and
build the relationships necessary to co- create the social infrastructure and positive solutions required for
meaningful change.
Note: Costs for sign fabfication is not included as pmt of this Scope of li 'lork.
4c) Signage
Daily Acts will design and develop content for permanent signage at newly created demonstration gardens,
Low - Impact Development sites and right -of -ways to educate the community on water conservation
strategies and storm water recharge features such as sheet mulching, water -wise plant selection, drip
irrigation, downspout disconnects, rain gardens, bioswales and permeable pavement.
Note: Costs for sign fabrication and installation are not inclded as pmY of this Scope of l i'lork.
4d) Staff Training
Daily Acts will organize and provide an annual tour, presentation and /or educational opportunity for staff
from City of Petaluma Department of Public Works, Parks and Recreation, Building and Permit and
elected officials to encourage collaboration and information sharing on sustainable practices and lessons
learned. Tours may include visits to public model sites to view and discuss storm water LID and BMP
strategies. Presentations may be provided to City Council, Design Review Committee or other identified
City groups.
4e) Targeted Outreach
Daily Acts will provide targeted outreach to businesses, institutions and residents via presentations, mailers
and tabling events. Specific outreach topics will be determined based upon City of Petaluma priorities
and /or seasonal appropriateness and will highlight water conservation and storm water pollution
prevention programs.
Deliverable 5• Contract Management $223751.00
4a) Contract Meetings
Daily Acts will schedule quarterly meetings with City staff to evaluate completed work and prioritize future
work program.
4b) Invoicing and Reporting
Daily Acts will invoice the City every two months and will provide summary reports for work completed
during an invoicing period, including contact details for program participants, program metrics, goals and
outcomes and before, during and after photographs.
Resolution No, 2017 -085 N.C.S. Page 15
Timeframes and Costs
1. Workshops, Presentations & Events
1a) Watershed - Friendly Landscape Installation Workshops
Q1 -Q4
$14,800.00
1b) Water -Wise Skill Building Workshops
Q1. -Q2
$24,076.0-0
1c) Water -Wise Tours
Q1 -Q4
$6,410.00
2. Community Resilience Challenge
2a) `Garden in a Day'- Demonstration Garden Installation
Q3 -Q4
$ 6,235.00
3. Demonstration Landscapes
3a) Seasonal Maintenance Workshops
Q1 -Q4
$2,948.00
3b) Stewardship Program
Q1 -Q2
$2,680.00
4. Education & Outreach
4a) Mulch Madness Program Support
Q3 -Q1
$6,284.00
4b) Resilient Homes Program
Q1 -Q4
$2,535.00
4c) Signage
Q1 -Q4
$1,870.50
4d) Staff Training
Q1 -Q4
$1,020.00
4e) Targeted Outreach
Q1 -Q4
$1,247.00
5. Project Management
5a) Contract Meetings
Q1—Q4
$1,020.00
5b) Invoicing & Reporting
Q1 — Q4
$1,731.00
Total
$72,856.50
Billing Rates
• Associate Director /Programs Manager: $87.50 /hour
Program and project design, oversight and development, contract and relationship management.
• Programs Coordinator: $67 /hour
Event coordination, outreach and logistics, evaluation, presentations and community engagement.
• Programs Technician: $51.50 /hour
Outreach, scheduling and delivery of garden consultations.
Note: Daily Acts billing rates for 201712018 reflect a 3% cost of living inaease.
Resolution No. 2017 -085 N.C.S. Page 46
INSURANCE REQUIREMENTS
EXHIBIT B -2
Consultant's performance of the Services under this Agreement shall not commence until
Consultant shall have obtained all insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency. All requirements herein provided shall appear either in the body of.the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors. Required professional
liability insurance shall be maintained at the level specified herein for the duration of this
Agreement and any extension thereof and for twelve additional months following the Agreement
termination or expiration.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
I. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance,
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City.
B. 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 liability is used, either the general aggregate limit shall
apply separately to this Agreement 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: Bodily Injury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Professional Liability insurance: $1,000,000.
5. Such other insurance coverages and limits as may be required by the City.
C. 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
Resolution No. 2017 -085 N.C.S. Page 17
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.
D. Other Insurance Provisions
The required general liability and automobile ,policies are to contain, or be endorsed to
contain the following provisions:
1. The City, its .officers, officials, employees, agents and volunteers are to be
covered as Additional 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, agents or volunteers.
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, agents
and volunteers. Any insurance or self - insurance maintained by the City, its
officers, officials, employees, agents 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, agents 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, canceled 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.
6. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the Services to do likewise.
7. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage
requirement and /or limits shall be available to the additional insured.
Furthermore, the requirement for coverage and limits shall be (1) the minimum
coverage and limits specified in this Agreement, or (2) the broader coverage and
maximum limits of coverage of any insurance policy or proceeds available to the
named insured; whichever is greater.
8. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non - contributory basis for the benefit of the City
of Petaluma before the City of Petaluma's own insurance or self - insurance shall
be called upon to protect it as a named insured.
Resolution No. 2017 -085 N.C.S. Page 18
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
ANIL
F. 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. All endorsements are to be received and approved by the
City before the Services commence.
Resolution No. 2017 -085 N.C.S. Page 19
EXHIBIT C
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 8.36
The City of Petaluma Living Wage Ordinance ( "Ordinance "), Petaluma Municipal Code Chapter
8.36, applies to certain service contracts, leases, franchises and other agreements or funding
mechanisms providing financial assistance (referred to hereafter as an "Agreement ") between
the City of Petaluma ( "City ") and /or the Petaluma Community Development Commission
( "PCDC ") and contractors, lessees, franchisees, and /or recipients of City and /or PCDC funding
or financial benefits ( "covered entities ").
Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or
proposal for any Agreement subject to the Ordinance, the covered entity shall:
• Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions.
Complete the Report of Charges, Complaints, Citations and /or Findings contained in this
Acknowledgement and Certification by providing information, including the date, subject
matter and manner of resolution, if any, of all wage, hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and /or findings of violation of law or regulation by any regulatory agency or court
including but not limited to the California Department of Fair Employment and Housing,
Division of Occupational Safety and Health (OSHA), California Department of Industrial
Relations (Labor Commissioner), Environmental Protection Agency and /or National
Labor Relations Board, which have been filed or presented to the covered entity within
the ten years immediately prior to the bid, proposal, submission or request.
Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any
covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each
covered entity shall certify that its employees are paid a living wage that is consistent with
Petaluma Municipal Code Chapter 8.36.
By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that
it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy
and completeness of information provided in the Report of Charges, Complaints, Citations
and /or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage
as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing
this Acknowledgement and Certification is authorized to bind the covered entity as to the matters
covered in this Acknowledgment and Certification.
Resolution No. 2017 -085 N.C.S. Page 20
SO ACKNOWLEDGED and CERTIFIED:
Project or Contract I.D:
J)A t a f bf� I() [2,(2AJ� I W1 ()N) Date: 15 //7
(Print Name of Covered Entity /Business Capacity)
By G, � �l�l"I Sl/(; tUWV —
(Print Name)
ignatu
Its -A�250G / &EO D7 ReC –,rbP—
(Title /Capacity of Authorized Signer)
Resolution No. 2017 -085 N.C.S. Page 21
REPORT OF CHARGES, COMPLAINTS, CITATIONS AND /OR FINDINGS
PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.120
FOR EACH WAGE, HOUR, COLLECTIVE BARGAINING, WORKPLACE SAFETY, ENVIRONMENTAL OR
CONSUMER PROTECTION CHARGE, COMPLAINT, CITATION, AND /OR FINDING OF VIOLATION OF LAW
OR REGULATION BY ANY REGULATORY AGENCY OR COURT, INCLUDING BUT NOT LIMITED TO THE
CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, DIVISION OF OCCUPATIONAL
SAFETY AND HEALTH (OSHA), CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR
COMMISSIONER), ENVIRONMENTAL PROTECTION AGENCY AND /OR NATIONAL LABOR RELATIONS
BOARD, WHICH:
• AFFECTS YOU AS A PROSPECTIVE CONTRACTOR, SUBCONTRACTOR, LESSEE, FRANCHISEE
AND /OR PARTY TO ANY CITY OF PETALUMA AND /OR PETALUMA COMMUNITY
DEVELOPMENT COMMISSION - FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA
MUNICIPAL CODE CHAPTER 8.36 (LIVING WAGE ORDINANCE), AND
• HAS BEEN FILED OR PRESENTED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE
BID, PROPOSAL, SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND
CERTIFICATION IS MADE.
PLEASE PROVIDE THE DATE, THE REGULATORY AGENCY OR COURT MAKING THE CHARGE
COMPLAINT, CITATION OR FINDING, THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF
ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDING.
IF NONE, PLEASE STATE "NONE ":
ATTACH ADDITIONAL PAGES IF NEEDED.
Date:
Regulatory Agency or Court:
Subject Matter:
Resolution, if any:
Expected resolution, if known:
Resolution No. 2017 -085 N.C.S. Page 22