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HomeMy WebLinkAbout3.E-SmartYardProgram I' Itev� 3 0 E DATE: . April 4, 2011 - TO: � Honorable.Mayor and:Members of the.City Council through City Manager. FROM: Pamela Tizft,.Interim Director, Department of Water Resources and Conservatio' 1. . SUBJECT: Resolution Approving-the Proposed,SmartYard Program Budget; Approving the Purchase of 200 Residential Smart Irrigation Controllers for New SmartYard Program; Approving a SrnartYard Sole Source:Declaration; and Authorizing the City Manager io Sign the Professional Service Agreement and All Other Related Documents for the,SmartYard Program "COIV M,ENDATION . It is recommended that;the C,ityCouncil approve the proposed SmatYard program budget;adopt tle.attachedResolution Authorizing the Purchase of 200 Residential Smart Irrigation Controllers for the new SmartYard Program; approve a SmartYard Sole:Source'Declaration; and authorize the City'Manager to sign the Professional`Service Agreement and 'all other related documents for . the SmarfYard program. BACKGROUND By,continuing with its water:eonseivation efforts;the.City.is helping,rate payers,offset future rate increases,which would be necessary to fund the development and.delivery o.fnew water supplies. Water conservation continues,to,hethe least expensive,method ofproviding "new"Water to the ;e .. City und�i s a o needs): Sono•.of greenhouse gas reduction(less energy consumption due to reduced is also:a signi cant source conservation efforts of its retailers ma.County Water-.A-gency has e"stirnated'that,water pumping g, ) - have.offset$800 million dollars of capital projects that would have been - necessary in the next 30years to.meet demands;. The Crt Hof Petaluma Department:of Water Resources and Conservation proposes to launch a water new Y ' f ,.r conservatioi pilot:program:. The Smartyard pilot;program wilhtarget 200 single family res deritial.customers-who have consistently,,had tier four consumption and offer to provide these customers with new meather-based Smart irrigation controllers. The controller wih`be installed at their,res d_ence'with no'upfront cost:to.the custoirier grid rs aniicrpated to save. approximately 9;1 million gallons (28. acre feet)of water aniivally_wrth a wholesale cost of over �rThe cost of each c �. . .rioma Count , Water . $16 000 based-on the City's current„cost of purchasing water from the So y art ci ant's water bill. .The Smart contollerois--an i6 a ed to save each c st placed on the Y Y Yp to offsetahe cost;of,t P ustomer enough water p p � he program fee on their bill. The SmartYard program will initially cost the A enda. evew City Attorney Finance Director _ CtyMariager I City$262,707. Program costs'will be recovered within five.years through:a program fee placed on program participants'. monthly water bill and through avoided,cosf of supplying 28 acre feet per year`of SCWA water. This ro, p gram is program • y, mg'Water • ;similar to the: ro ram model discussed in the Cit s exist' Conservation Plan, chapter six, page 641,;'where a:third,party finances the purchase of water conserving fixtures*for Cityof Petaluma water customers and places a fee on the customers' water bil The gall; which pays for the cost.of the water conserving fixtures and associated program costs. g lof the-program is to provide water-conserving fixtures to,customers with no upfront ` costs. I ilthe case of SmartYard, the'City of Petaluma,*Will finance the program and there will be no third party financier. The SmartYard program will act as a,pilot program for the program model discussed in the Water-Conservation Plan. Similar programs throughout the US are labeled.as "Pay As You Save(PAYS) Western•Municipal.Water:District (Western Riverside County)implemented a similar type program in:April of2010 with over 650 participants resulting;4n, a 29% average water savings: Pending the results:of the SmartYard program,the City will,explore program expansion by adding other water saving fixtures such as high efficiency toilets and clothes washers to the program. 1 DISCUSiSION The Petaluma Y rna SmartYard Program can d g y g avioral. deliver water use.savings s with a minimum ofbe change by users. Smart irri ation controllers use satellite technologyto automatically enerate a:n.irrigation schedule based on several factors including plant type, soil type, and current local weather:conditions. The irrigation schedule is updated daily°as weather conditions change allowing;,for appropriate amounts`,of water.to be applied to the landscape without customer . interaction. This Proposal is based on previous success and demonstrated results from existing City of Petaluma Smart controller projects. The City1of Petaluma will be ingtallihgl WeatherTrak Smart'ET Plus controllers, manufactured by Hydropoint Data Systems (Aydropoint), alocal Petaluma.Company. The City of Petaluma has already installed 73 WeatherTrak residential models as a project in 2007 and 59 WeatherTrak commercial controllers to various City parks and facilities. The City of Petaluma has seen water savings of32% (1.8 MG/Y)'With the existing residential WeatherTrak controller programs and is anticipating,realizing similar savings with the SmartYard program. The SmartYard program will be;a program piloting the idea of,providing.water saving technology at.no upfront cost to the cus'tomof,Bile having the�customer paythe City back through the water bill. This program benefits'-the City by creating a predictable revenue recovery(fixed finance fee placed r�the water bill) for a five year period and reduces consumption by an estimated 28 This benefits the customer by reducing their her three and fier four consumption levels as well a s;providing an affordable.so lution to new water saving aechnology. The program anticipates utilizing the recuperated.funds to perpetuate the SmartYard program for future. program participants. The City will evaluate program results after one year and determine when and if program expansion is warranted. 2 `i - Pro ertie p s that subscribe to,the SrnarfYard program that change ow-nership will have the controller recorded as,_part ofthe property and will betransferred to the p'w'property owner. This wil'11 be part of the initial program requirements f6r eachipa ticipant. The-Department of Water Resources and Conservation has selected Hydropoint Data Systems H dro oint) to provide enhanced program services based on the fact they are the manufacturer of e WeatherTrak Smart controller and are the onlymanufacturers:of this technologywith.an existing,turnke SmariYard ro ram. The City sole.sourced;this equipment, with approval from ., City Council, for the previous two Smart Controller projects and is.requesting.a sole source declaration again with:Hydropoint Data'�Systems for the SmartYard program based on the below criteria �` nufacturer of this,techn'olo who scored 100%on the Irrigation ®. Hydropomt is the only ma gy Association's testing protocols.for Smart Water Application Technology (SWAT). SWAT testing evaluation is conducted by creating a six=zone virtual landscape subjected to real-time climate through monitoring of a selected weather.station to evaluate the ability of individual "smart" controllers to adequately and efficiently,irrigate that landscape.. After initial programming and calibration, the controller is expected to perform without further intervention during the test period. Performance results indicate to what degree'the controller maintained root zone moistures levels within an acceptable range. Since the goal of this program 1 g ° all testing protocols was the ro 'am is water conservation, the criteria for scorn 100/o m mostlimportant factor m dete'rnning the controller`technologyand manufacturer. Below is a summary of test results: ® 22 total SWAT reports (22rproducis) m Only 9 are residential.versions Of those 9 residential versions - 6 have less than 1,00%o / 0% (perfect) scores, including,AquaCoriserve (100/1.3); CyberRain (100/20.5), Hunter Solar Sync (100/20.2); Alex.Tronix Srnart Module (9.9.9/5..6), Raindr-ip WeatherSmart Pro ) therMatic (100/2.3); one residential product company is out of 100/18:6; ;,Wea 1 business,(Water Optimizer) ® Of the.9'SWAT'tested residential products only 3 have perfect test'scores, all f WeatherTRAK;technology(Hydro'Pomt;.Toro, Irritrol) . On the SWAT website there are 4,smart eontrolle'r case study reports. Ofthose case,studies used as`background,= 3 of-4(7,56/o)used WeatherTRAK technology(S'anta.Barbara_, Irvine,Boulder), One case study described. A"uaCons'erve $oatt• �- q (• 1'e) and described that water bills went up in 4Q0%of ® .Rep orts may. be viewed�ai www irrigationassociation/swat/case-studies. ® „ Hydroopoint manufactures the WeatherTrak controller and provides enhanced program services as described in the attached Exhibit A - Services. 1 o No other manufacturer of this technology offers this product along with this type of managed program with marketing, subcontractor management, installation, customer service (including a.customized webste for-Petaluma customers) and local factory support for field related issues. p 3 i i ® The other companies&ferihg;tl is type,,of product who scored 1000/6.on the:SWAT testing protocols were Toro Company:and Irritrol.` Both of these compames.utilize the WeatherTrak controller technologymanufactured by.Hydropoint intheir produet, meaning that Hydropoint. Data`Systems manufactures the controller and sells`it to Toro and I-rritrol who then place their name on the product. No other company,:offers a;customer service center open 6 days.per week:(English and Spanish) specifically for their Smart controller customers and no other irrigation manufacturer offers a customized website forTetaluma.customers for the SmariYard program. The City-of Petaluma has soiesourced Hydropoint,based on IA testing protocol scores and proven water savings for°two previous programs in the City of Petaluma: Maintaining product consistency benefits'the City byallowingtl e City to get atop-of the line product at the best possible'price (bulk discount.pricing), as well as allowing City staff t6 have extensive product knowledge and experience which benefits Petaluma customers. Hydropoint will provide the'below enhanced services as part of the SmartYard program. This added benefit will take much of the customer service.aspect off ofCity staff. Hydropoint will provide the following program components as part of the SmartYaid program: ® Program marketing ® Controller programming ® Project management o Follow-up site visit to each ® Installation scheduling participant Customer service toll free# ® Controller installation � , ( ) ® Landscape and irrigation system ® Petaluma SinartYard Website audit FINANCIAL IMPACTS , Funding for the SmartYard project will come from the Water Conservation budget and include the initial cost of the Smart controller, an irrigation and landscape audit.,_controller programming and installation, controller signal fees for '5 years and a post-installation visit. The estimated cost of the program is $262,707. Thetost.,o'fthe program will be;recuperated.though-the program fee placed on each participant's,'watetMll as well as through avoided.costs with water purchases and of operating and maintaining the distribution system. The below table summarizes the program costs andpoiential water and dollar;savings. r. 4 Target'Custorne.C' Current`�CCF o 30. . a o x Indoor Use (CCF) 12 Q.r r`rk Outdoor Use(CCF) 18 Estimated Savings w/SmartYard 289,." a l> r# its A Estimated Monthly Water � a 'Savings (CCF) 5 Value of Savings/Mo::.CCFsaved x$5.57 (tier 4,rate) '$ 28.07 Term(months) Customer Program Fee $. 15'.00 .12 60 Net Customer 6enOf it. $ 13_07 $15&87 $784.37 -T 4..� f... 1 ..a! _, i"Jr—.p Annual Savmgs/Customer(CGF) 60 #Custom -ers'needed tosa�e 1 AF 7 Term(months) #Customers in Program 200 12 60 AF saved from program 28 '$17;107.181 $85,535.88 Total Monthly Fees Coll'ecte`d, $3,OQ0 $36,000:00 $180,000.00 5'Y.ear Benefit from Program $265,535.88 Program Cost per Customer $14314 Program Cost $262,707T Represents the difference of the cost of water to the°City from SCWA($634:H/AF)minus the!'costPof water that the city charges per acre foot at tier l rates($2.87 x435.6 Cc-F).This difference'($616.06/AF)�is the operational cost to the City to deliver water to its customers.The difference is multiplied by the water'saved through the program°(28AF)to get$17,107.18. The table shows that the target customer is any residential customer using 30 CCF or more per billing period. Typically sixty percent of`this water(1;8 ccf) is outdoor use for these customers. Estimating that the SmartYard program-will result in a 28% outdoor water use savings; a total of over 5 CCF per month can be potentially saved.per customer. This translates into $28 per month for this customer. Staff proposes charge a'$15.00 program fee resulting in..a net savings to the customer of$13 per.month or$784 ih,five years. With 200 customers participating, it is estimated the City will save'28,AF/'year,resulting In ai .avoided cost of supplying water of over $85,000'7in,five years. The program fee collection and avoided fixed costs will result in the City recuperating $265,535'in five years. After the;:five year period has ended, the.`program fee will be removed from the water bill and the customer will:be.responsible for,paying the monthly_signal.fee; w:hich,is anticipated to be $5.00 per month and 's predicted to increase after the five yearperiod by 3-5% (CPl) every five years. PROGRAM BUDGET SUMMARY Expenses: Hardware: WeatherTrak Controllers—200 x:$355.24 $71,048 Wireless&Rain Sensors—200 x $51.94 $'10;388 Controller Antennae 200 x$17.43 $ 3,486 Hardware Grand Total _ $97;482 5 1 ' -Enhanced Program Services $165;225 •LExpenses Total $2629707 Revenue: Program fee= $15 x 60 months x 2M participants = $1805000.00 Avoided Fixed Costs $ _83,196.98 Revenue Total $2659535.88 Program:co st'includes all.of the following: Hardware: 200 ET Plus;6 9.or 1-2 station WeatherTrak controllers ® 200 wireless rain shut-off sensors , ® 200 contoller antennae Freight and Taxes Enhanced Program Services ' ® Site landscape and irrigation system audit ® Controller installation . ® Five'years of-signal fees.per controller O Prograni/project:management ® Program•worksheetand controller programming management Contractor and,customer training m Ongoing customer service .® Marketing campaign to drive program participation and adoption, including: o. Website_ enhancements' o Hosted events. o DVD o Webinars o Direct mail o Telesales' Proposition 8.4 Chapter 2 Integrated Regional Water Management (IRWM) Grant Program, administered by the State Department of Water Resources, provides funding for projects that help local public agencies meet long term water needs-of the.state. Grant funding will be available-in October 2011. and will.contribute approximately°,$2.00 per,controller towards the SmartYard program. 6 ATTACHMENTS 1. Resolution Approving the proposed SmartYard Program Budget ; Authorizing the Purchase:of'200 Residential Smart Irrigation Controllers for New SmartYard Program; Approving'a SmartYard Sole Source Declaration; and, Authorizing the City Manager to sign the Professional Service Agreement and all other related documents for the SmartYard Program 2. Professional Services Agreement with Hydropoint Data Systems .3. Exhibit A - Services,(Attachment to PSA— Consultant Scope of Services) 4. Hydropoint Data Systems Quotation for Services and Equipment 5. Sole Source Form 7 Attachment 1 Resolution Approvfl`ng the Proposed SmartYard Program Budget; Approving the Purchase Of'200 Residential Smart Irrigat 'on.Controllers For the New SmartYard.Progra-m Approving a SmartYard Sole Source Declaration; and " Authorizing the City. Manager to Sign the ,PtOfeSSional Service Agreement and All Other Related Documents for the SmartYard Program. WHEREAS, the City of Petaluma operates an extensive water.conservation program With current sustained water.savings.of 365 acre feet annually`;and', r- WHEREAS, the City of Petaluma's water conservation program has,historically been designed"to improve the water use efficiency of its users--.and, WHEREAS, the City of Petaluma hired±a Water Conservation Coordinator in 2006 and began to expand the program beyond the`required BMPs; and, WHEREAS, the Water Demand.and Supply Analysis developed.in support of the 2025 General Plan recommended a water conservation program that met the requirements of water offset and,was cost effective. The"City Council directed a study considering the entire breadth of water conservation measures, not strictly those recognized bythe CUWCC, with the caveat that any measure selected must be feasible, cost effective, and attainable; and, WHEREAS, the Water Conservation Plan was adopted by'the City Council in 2008 and has . been developed:to supply 495 MON",ear:and is comprised of 1-9 water conservation measures that are feasible and'attainable by the City; and, WHEREAS, the City of Petaluma wishes to continue developing,innovative water conservation programs',lo help citizens conserve:water; and, WHEREAS, the new SmartYard;program will help high water users find a low cost solution to conserving irrigation water andhelp-reduce tier three and tier'four water charges; and,. WHEREAS; the SmartYard program Will be the first,program of its.kind in Sonoma County and will act.as the City of Petal ima's first Pay As You Save (PAYS)-type program_as outlined in the City o f Petaluma's Water Conservafion,Plan• and WHEREAS,'funding for this SmartYard Program.forthe City of Petaluma will come from.the City ofPetaluma'sDepartment of Water'Resources and Conservation budget and will be supplemented by Proposition 84 Grant funding-when it becomes available; and, WHEREAS, Smart Irrigation Controllers automatically calculate a scientifically-based irrigation schedule based on,several factors, including plant type, soil'.fype, and current weather conditions. The urigation,schedul'e is updated daily as weather conditio ns change allowing for appropriate amounts of wafer to be applied to the landscape. Smart Controllers have been proven to apply 25-35%`less-water than conventional, non weather-based irrigation controllers; and, 8 i 1 l WHEREAS,the Irrigation Association has deve'loped.Iestingprotocol for-Smart Water Application Technology(SWAT) that has idenfified the Weather'Trak ET Plus irrigation controller, manufactured by Hydropoint Data Systems,,;a Petalumacompany,-as the only controller with central,control capability to havepassed the Smart Water Application Technology(SWAT) Protocol with a score of 10;0%0; and; W, 1EIEREAS, City Management.recommends`the,sole source purchase and installation o f the WeatherTrak controller; NOW, THEI2EFORIE BE.IT RESOLVED, 1. The City Council approves the project budget in the 14mount of$262,707; 2. That the City Councilbe-reby authorizes tl e.purchase=of 200,residential smart irrigation. controllers for:new SmartYard program. ,3. The City Council approves the sole source declaration; 4. The City Council authorizes the City Manager to sign the Professional Services Agreement and all other,related documents for the SmartYard Program. 9 f Attachment 2 PROFESSIONAI.SERVICES•AGREEMENT City of Petaluma Departn ent'of Water.Resources,and Conservation SmartYard Program (Title of Project) i FY 01 120 l Fund#¢i Exp.Acct.#-61M .Project#54130 Amount$131.353.5 For multi-year contracts or contracts with multiple accounts: FY 201 izn12 Fund# (! Exp.Acct.# 20 Project,#54130 Amount$131,353.5 FY Fund# Exp..Acct.# Project# Amount S. FY Fund# Exp:Acct.# Project# Amount$ FY Fund# Exp:,Acct.# Project#' Amount FY Fund# Exp..Acct.<# Project# Amount$ THIS 7OFESSIONAL SERVICESAGREEMENT("Agreement") is entered into and effective as of , 20 ("Effective Date"),.by and between the City of Petaluma,a municipal corporation and;a charter city (".City") °arid Hydropoint Data Systems, a Irrigation Controller Manufacutrer and Service Provider("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 ias follows: 1. Services. Consultant shall provide the services as described. in,and in accordance with the schedule set, forth in' Exhibit "A" attached hereto and incorporated herein ("Services"). 2. Compensation; Business Tax.Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant under the' following terms:' Time,and materials not to exceed:stated amount: �J 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. compensated for services in addition to those described in Exhibit A, o C. Consultant s my 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 $262,707.00 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 j compensation' until such time as Consultant has on file with the City Finance Department current information requested on the "Vendor Information' form i l PROFESSIONAL SERVICES AGREEMENT(City) (iManagc#609321)April 2010 10 j available from City, and`,has obtained a currently.valid Petaluma business tax certificate. 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 6-30-2012, unless sooner terminated in,accordance with Section 4.. Upon termination, any arid 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 tAgreement.without.cause upon ten (10) days' y,' 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 p p gr Agreement. In the,event of early termination of this stop all work in ro ess under this A ee, Agreement b City, Consultant shall,be-entitled to payment for all Services performed to g Y tY� 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; andeyendent- Contractor: Consultant represents that Consultant p p ills in performing the Services. City has . ossesses distinct, rofessional skills Corelied ultpon said re as a material, inducement.to enter into this Agreement. P � representation 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. I Facilities .and Equipment. Consultant shall, at its sole cost and expense, furnish all facilitiesi.and equipment that may be required for furnishing Services pursuant to this Agreement:, City shall furnish to Consultant no 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 i 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. i I i 2 PROFESSIONAL SERVICES AGREEMENT(City) (iMnnngc 0609321)April 2010 1 , 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 inspection and approval by the City. The inspection of such work shall not relieve J Consultant of any of its obligations pursuant to this Agreement. 10. Progress Reports. Upon the City"s request„ Consultant shall provide, in a form ; acceptable to City, written,progress reports of all`oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Consultant's performance of the Services. 11. Confidentiality In the course of Consultant's employment,.Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required:for'the performance.of-the Services. 12. Conflict of Interest. Consultant represents that it presently has no interest, and covenants that it shall not acquire any interest; direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. .Consultant further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or, person having such a_ conflict of interest. I 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 ofinterest 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 Services. 13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no j authority, express or implied,,to act on behalf of City in any capacity whatsoever as an , agent: Consultant shall liave,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'prrofession_. All instruments_of service of whatsoever nature,which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, first class and 'workmanlike manner and conform to the i standards of Consultant's profession, All such instruments of service shall become the { sole and exclusive property of City upon delivery of the same. i - 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. 3 PROFESSIONAL SERVICES AGREEMENT(City) (iManage#609321)April 2010 12 1 �.16. Subcontractors. JConsultant shall directly perform all:Services,and shall not subcontract i 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 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. additionalinsured. state Compliance W rul s. Consultant shall.fully comply with all applicable local, ' s �AILLaw 17. Compliance federal r es,'laws, regulations,;an'd ordinances pertainingto the performance of the Services re uired`hereunder, includingbut not limited. to, the California Building Standards Code asin_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 regulations) 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 g y y p compensation for any,Services, Consultant shall comply with Ii all rules and regulations applicable to such fiscal assistance. 18. 1, Living Wage Ordinance. •Without limiting the foregoing:Section 17, Consultant shall comply fully with the requirements. of Petaluma Municipal Code, Chapter 8.36, Living Wage (the "Living Wage Ordinance"),.as the same niay 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) calend'ar 'days of the Effective Date of-this Agreement, notify,each of°its 7affected employees as to the amount of wages and time off d that are required to be provided 'to them °pursuant to the Living Wage Ordinance. Consultant's noncompliance with the Living Wage;:Ordinance. shall constitute cause for City's termination of this Agreement pursuant16'Section,4 hereof 19. Discrimination. 'During the performance of this Agreement, Consultant shall not discriminate against any employee,'or applicant for employment.because of racei religion, j creed, color, national 1 origin, ancestry, gender, sexual orientation,, age or physical or mental disability in violation of any applicable law. I J. 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 a sender's account, in which case notice is 'effective on delivery if delivery is f confirmed by the delivery-service;or 4 PROFESSIONAL SERVICES AGREEMENT(City) � (iMauagc#609321)April 2010 13 i (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 Wp.m..recipient's time or on a nonbusiness day. City: City-Clerk City of Petaluma Post Office Box 61 Petaluma,Califortiia.94953 Phone: (7071778-4360 Fax: (707)778-4554 j Email: cityclerk@ci:petaluma'.ca.us I And: Remleh Scherzinger City of Petal uma-DWRC 202 N mcDowell Blvd Petaluma CA:94954 Phone: 707-778-4593 Fax: 707=7763635 Email: rscherzin er ci. etlauma.ca.us Consultant: Ben Slick HydroAoint.Data.Systems 1720 Comorate Cir Petaluma CA,94954 Phone: 707-'769-9696 Fax: 707=769-969.5 Email: f sl ck(&hydropoint.com 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. j lademnincadon. 'To the maximum extent permitted`liy 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,,attomey's feesi and costs and fees of litigation) (collectively, •Liability'') ry tual, allege' d, arising out of or in connetion.vv th 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. { 5 PROFESSIONAL SERVICES AGREEMENT(City) (Wanoge#609321)April 2010 14 I ' The Consulfant'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 maynot,be liable. The Consultant must respond within, 30 calendar days to any tender for defense and indemnity by he 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 1 defense and indemnity within 30 calendar days, .in addition to any other remedies authorized by law,, so much of tlie 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 rnade 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 documerits in a matter tendered to Consultant prior to Consultant's �f 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 k 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. Notwithstanding the;foregoing-,to the extent this Agreement is a "construction,contract"' as defined by California Civil Code Section 278S, as maybe amended from time to time, Consultant's duty be prohibited b Californtia Civil, Code Section not apply when to do so would p y , 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. I Insurance. Consultant.shall comply with the "Insurance Requirements for Consultants" 1 in Exhibit B-1 attached hereto and incorporated herein by reference. [Indicate attached exhibit, e.g., "B-2, "B-3,' or "B-4."] 24' i Amendment.- This.Agreement may be amended only by'a-written instrument executed by boih,Parties. 25. I 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. gr p gotiation„and compromise on the,part 26. Construction. This Agreement is the;product of ne 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. '. _ PROFESSIONAL SERVICES AGREEMENT(City) (iMarmp#609321)April 2010 15 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 ' County o 'this Agreement shall be venued in, a court of competent jurisdiction m h Co n ty i f^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.fulf 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 j urisdiction,the remaining provisions of this Agreement shall continueln 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. m mediation prior to, comencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally.. 32. 1 Consultant'sBooks`and Records A. Consultant shall maintain any and all ledgers, books of accounts, invoices; vouchers, canceled checks, and otheryecords^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 1 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 anytime 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 Abe provided to the City. for inspection at Petaluma .City Hall when.it is practical to.do so. Otherwise, unless an alternative is mutually agreed 1 upon, the records shall be:available at Consultant's address indicated for receipt of notices in this'Agreement. jD. 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. i I 7 PROFESSIONAL SERVICES AGREEMENT(City) (Manage#609321)April 2010 16 f33 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. 34.1' Survival. All obligations ansing`'prior:to the.terniination orexpiration of this Agreement and all provisions.cif this Agreement allocating liability between City'and Consultant . shall survive the termination or'exg iration of this Agreement r 35 Entire Agreemment. 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; Ifd WITNESS WHEREOF,the Parties hereto have executed this document the day, month and year first above written. CITY OF PETALUMA CONSULTANT I i - By. ' �- City'`Manager Name 1 ATTEST: a I Title 4 City,jClerk Address APPROVED AS TO FORM;: City State Zip City`Attorney Taxpayer LD.Number APPROVED: `~� V L '`i Petaluma Business Tax Certificate Number Department Director ,APPROVED: 1 1 I - Risle Manager APPROVED: i y Finance Director I 8 PROFESSIONAL SERVICES AGREEMENT(City) I (iManuge t+G09321}Aprii 2610 17 :I Attachment 3 Exhibit A Services The Petaluma SmartYard program will be a collective�effort between Consultant and.City of f 200 Petaluma water customers participating in the program. Petaluma,resulting in a minimum o The scope of services shall include the following-' ® In conjunction with City of Petaluma staff, Consultant shall target and make contact with high water use single familyresidentiat customers and offer the SmartYard program to these customers. Contact shall be made via letter and follow up phone call. ® Customers.must have:irrigated_.landscaping with at least.6 irrigation stations.operated.by aremote control valve and an existing irrigation controller. ® Customers.must show historical consumption resulting in consistent tier 4 charges during each billing period:of,any two irrigation seasons between 20.09.and 2010. For the purposes of this contract, an.irrigation season is defined-as April through October. ® Consultant shall provide project.:management which shall"include product delivery, scheduling, installation and programming, training and,per-:formance verification. Consultant shall also provide resources for issue resolutionrelated to scheduling conflicts, change orders and siteespecific controller orFprogramining questions . during the�Program. reporting encountered du y' ® Consultant shall provide weekly program ptg to City- of of Petaluma representative. ® Controller installation shall be completed in the same .visit as site inspection as long as the site meets standards required for proper installation. If, dur-ing the course of an audit, findings!disqualify the'site-from participating, Consultant shall forward this information to both the,customer.and City of Petaluma. If subsegruent:repairs are made that are proven to address sand remedy the reasons for disqualification, Consultant shall re- schedule an installation:for'the site. ® Controller.installation shall e performed by a licensed C=27`landscape contractor(s). ® Consultant shall verify installations, and train'those that need to operate the system, including end-users, on.,product operation. Consultant,shall also ensure that controllers are programmed to conform'to any watering restrictions. o Consultant shall schedule and provide a customer follow up visit fifteen to.thirty days After`installation. ® Audited sites shall receive,written recommendations for irrigation system repairs or improvements. � p - ® Consultant shall provide a-Project Management.Plan prior,to pro gram start. Project Management Plan shall include but not'be limited to`project timelines; staffing credentials; and reporting methods. ® Consultant shall develop program:specific,marketing materials to support customer awareness and education (with City of Petalumaparticipafion and approvals). ® 'Consultant shall create outreach campaign(s);and assist City of Petaluma with media outreach: 18 f i } ®. Consultant shall establish a dedicated toll free telephonef number.sand;manage inbound customer,calls; and%or.•emails. ensure custo_me r i g nature•on ® _ any relevant terms..&conditions, and to Consultant shall_ forward these agreemenfs-`to'CiWof Petaluma.: ® All installations shall include an out-processing report, including before and-after pictures of controller installations,.in order to document program.execution.quality. ® Consultant shall manage scheduling of installations and follow up inspections. ® City of Petaluma may elect to provide electronic water usage information, through water bill data to Consultant for analysis.- ® Consultant shall organize all program data into a,standard;spreadsheet format-for program reporting. ® Consultant shall-provde end of year report with pertinent project data including but not limited to units installed, names and addresses of customers served, irrigation stations converted, number,of follow-up visits conducted both,on-site and via phone call, units.of water saved to date, b total efit the cost, labor exp end'ed;'and all other data regarding the project that may e_ y I Syste n Support I, Consultant shall also,manage a dedicated team of internal tech support specialists (Bi-lingual in English and Spanish) that are available by phone 6 days a week,to work with customers to facilitate:their success and maximize the savings potential. Tralnl_ng Consulta nt shall providea complete training program for its installers to ensure that all controllers are installed and programmed for optunum operation. 1 i n and activation. Tramm ,shall cover controller on-site following the controller Homeowner training shall be:conducted b Consultant on s instal at o g features including manual watering, modifying program"settings &,adjustments; alerts, valve checking:and troubleshooting as well as. how to Customer Service. Computer Based Training(CBT) for programming the controller shall be available on the Consultant Website. . I Controller Removal/Installatfon Any and all-electrical,work performed by Consultant and/,or'it's subcontractors shall be performed in:accordance with all.current local and State electricanuilding codes. 1) OLD�'CONTROLLER REMOVAL a) Remove exist ing,controllers and dispose as desired by customer. b) Record program settings from old controller.(days,-times, starts, #of weekly runtime minutes), c -Conduct Ohm reading to identify "not connected" or"electrical shorts prior to retrofit. I - 19 d) Label field,wires before removing. e) Shut off power to controller. fl Remove old'controllers off ofwall/out ofpedestal-. g) D'isconnect/cap bf..electrical for units;that'shall not be`replaced with a-new unit. I 2) INSTALLATION AND WIRING I a) Physically install controller-'provided for project. b) Install/.mount controller per manufacturer's specifications. c) Connect and secure,electrical including-grounding to local code.: d) Connect and securev fi 24eld wires. e) Install rain sensors in sensible places-that.shall capture rain water effectively without. overhead interference and with receivers mounted=outside of any metal enclosures. Connect rain sensor wires to RS port on controller. f) Run a valve test and troubleshoot wiring on any stations showing ishorts or no-connects'. 3) PROGRAMMING a)t Program controllers,as pbr manufacturer's recommendations. b Co cmplete Program Worksheet Run each zone manually and walk site to complete Program Worksheet (provided with each controller). Program°worksheet is a simple punch list that allows users to j record zone by zone site data including; (1) Plant type, soil, sprit kl'er, slope, sun exposure. c) Program Set Up i) Enter Set up information including: (1) Date, time, time-zone active stations: d) Program Days and Times i) Enter desired water day, patterns, start times and water windows to meet site needs. e) P4rogram'Stations in Auto Mode i) Program controller..in Automated Mode by setting,each station to Auto and then entering data,from Program Worksheets, plant; soil, sprinkler;slope, sun exposure, } p `p' d root depth optional for maximum water conservation. reel nation rate an. NOTE, If-new landscape is.in place; those stations/zones should be programmed;in User Mode (Non,'ET Mode) for a period of time,05-45-days) to establish roots before being switched to Automated Mode. In this mode,the.user can set the desired run times. f) Leave,"copy" of worksheet with each.controller and one copy with the customer. g) Check Alerts 1 �) Go to Alerts screen,and verifythat no alert's•`are present i troubleshoot as needed. h) Preview ` i) Review each station-in the Preview Screen for 'reasonable' program times and days. 20 t 4), SERVICE ACTIVATION a) Activate service to controllers by, calling Hydro,point Customer Service.. CONTROLLER INSPECTION REPORTS (CIR) Consultant shall conduct.a 1-5-point field review of each controller after installation and-ensure. that.eacl .controller is optimized for,each site".,A Controller lnspection Report (CIR)shall be. provided which includes a review of each.physical installation,verification that it was performed correctly and up to code, a-review,of ET service'status, validation that programming was performed correctly., and t-hat wiring issues (including detectedp shorts and:"no connection" alerts) are recorded. Notes of any irrigation system repairs shall also be recorded. SITE DATA Consultant shall record the installation data,.customer address, customer name,,-phone number, email address, water meter number; and square footages of turf and non-turf irrigated areas. Data shall be provided to the City ofFetaluma,in an Microsoft Excel•spreadsheet or Microsoft Access database (or other approved method): FOLLOW UP FIELD VISIT Consultant shall schedule and provide a,customer follow-up visit 'fteento thirty days after installation. Follow up visit shall,*include an initial phoneXall or email to the customer addressing a landscape condition, overall,satisfaction with the controller, any issues that may have arisen, and any other questions or concerns that�the customer may have. Consultant shall offer to;physically visit the site if the customer requests further'assistance.,Consultant shall record all of the data receivedkAuring the follow up site°visit and-provide data to City°via Microsoft Excel 'spreadsheet or Microsoft Access database (or other approved method). i 4 k f • i I " I I 21 I Attachment 4 MWeatherl'F�A . Proposal / Cute -- no�ir.;e , Moda�srircple,, HydroPolnt Data-.Systems,Inc:, _ 1720 Corporate;Circle Quot Petaluma_SmartYard 12-3-10 Petaluma,Califomia:94954 (707)769-9696 voice/(707)769-9695'fax Bill To Ship To City of lDetaluma_ On File 6272e1 Account Executive I Project _ Payment Terms Quote;Ex iration,Date Ben,Slick SmartYafd:'Retail;=Phase 1 Nef30 12/24/2010 s8 Quantity . ';.Part,#µ..'. ',, ,Description. a '. . ` .�. Unit Cost'. ':Total..- 200 WTPLS-I2-ID weatheiTRAKr Olus;lndoor 12 station $ 355.24 $ 7T,048.00 i 200 WRS Wireless Rain"Sensor $ 51.94 $ 10,388.00 200 ANT-Bowtie Bowtie antenna $ 17.43 $ 3,486.00 200 ETE-912-5Y 5'YFService-9 8-12 ET plus $ 240:00 $ 48;000.00. ProfessionalServices as described below: 200 Program/Project Management $37 $ 7,400.00 Lanoscape'Contractor Coordination Program Wo rksheetand Controller Prog ramming r M anageme nt. Training* 200 Follow,up Visit:(1 per site,15-30 days after installation) $ 71.43 $ 14,286.00, Contractor„Installation 200 Residential 6,9,12 station $333 $ 66{600:00' 1 Marketmg;Campaign to drivwprogram,participation and,adopt,on;includes: $ 28,939.10 $ 28,939.10 Website enhancements,hostedlevents DVD,webinais,direct mail,.and telesales Estimated Freight-Subject to Change $ 3,900.00 ,.Estimated Sales Tax:(actual taxes will be billed when invoiced) $ 8,660.15 262;7107,25 Applicable sales taz'and.actual freight charges'Will be iill'ed,uponInvoicing: • 22- III Attachment 5 f l CITY—or PETALUMA,,CALIFORNIA . . PROCUREMENT ! SOLE SOURCE JUSTIACATION i DATE: 12-7-10 DEPARTMENT' wR&C CONTACT David Iribame TELEPHONE; 778-4591 i I VENDOR: Hydropoini Data S sv tems TELEPHONE:, 800=362-8774 I� JUSTIFICAT'ION (Initial all entries that apply) 1. Amount of purchase does not exceed-current dollar amount required for formal bidding. 2 Vendor is the original equipment manufacturer there:are no regional distributors. 3 The parts/equipment are not interchangeable with similar parts of another manufacturer. I , _x 4 This is the.only equipment that meets_ the specialized needs of the department and performs the intended function. x. 5 Detailed justification,is available which establishes beyond doubt that the Vendor in the only sourcerpracticably available to provide!the items.or service required. i I I recommend that competitive procurement be waived, and that the equipment and/.or supplies on the attached Procurement Request be purchased as a Sole Source. Signed:, Dater R. equestor I Approvals:. Purchasing Officer: Date: 23 r CITY OF P..ETALUMA, CALWORNIA PROCUREMENT SOLE !SOiJRCE JUSTIFICATION The Department of.Water Resources and Conservation has selected Hydropoint Data Systems (Hydropoint)to provide enhanced program.services.based on the fact.they are the manufacturer of the WeatherTrak':Smart controller and are,the-only manufacturer of this technology".with an exist'- Au. SmartYard,program. The City.sole sourced this equipment, with approval from City Council, for the previous two Smart Controller ro'ects and is re uestin a sole-sourceadeclaratioma ain with Hydropoint Data S stems p Jt q g g - y for the SmartYard'program based,'onihe'below criteria: • Hydropoint is the only companythat,,manufactures this technology-who scored 100% on the Irrigation Association's testingprotocols for Smart Water Application Technology(SWAT). SWAT testing evaluation is conducted by creating a six-zone virtual landscape subjected to real-time climate through monitoring of a selected weather station to evaluate,the ability of individual "smart"controllers to adequately and efficiently,irrigate,that:landscape. After initial programming and calibration, the f controller is expected to perform without further intervention during the test period. Performance results indicate•to'what degree the controller maintained root zone f':moistures levels within ran acceptable range. Since the.goal.of this:program is water conservation, the criteria for scoring 100% in all testing;protocols was the most important factor in.,determiningthe controller technology and manufacturer. Below is a summary of test results:: � . 22 total SWAT reports (22 products) ■ Only9 are residential versions Of those 9°residential versions - 6 have,less than 100%/0% (perfect) scores, including AquaConserve (100/1.3); CyberRain (100/20.5), Hunter Solar Sync�(:100/20.2),.Alex Troni-x Smart Module (99.9/5.6), j Raindrip Weather.Smart Pro (1'0048.6),WeaiherMatic (100/2.3); one residential,product company'is out of business (Water Optimizer) ® Of the 9 SWAT:tested residential products; only 3 have perfect.test - scores, all WeatherTRAK technology.(HydroPoint, Toro,.Irntrol) a On the SWAT website there-:are 4 smart controller case study reports. Of those case studies used-as background.3 of 4 (75%) used WeatherTRAK technology(Santa Barbara, Irvine, Boulder). One case study.described AquaConserve(Seattle) and described that water bills went;up in 40%0 of sites). Go to www.irrigdtionassociatiOn/swat/ease-studi_es.to view reports. e Hydropoint not onlyinanufactures the.WeatherTrak controller,:but also provides enhanced program services as described in the attached Exhibit A- Services. 24 kCfI'Y.OF•PETAMMA,;CALIFORNIA PROCIOWWNT SOLE $0URCE USTIFICATION No other manufacturer of this technology offers this.product,along with this type of managed program with.,marketing, subcontractor management,'installation, customer service (including a.customized website for Petaluma customers).and local factory support for field related issues. ® The other companies offering this;type:of product who scored 1.00%.on the SWAT testing protocols.were Toro Company and Irritrol. Both of these companies utilize the WeatherTrak:coi troller te;linology from Hydropointin their product; meaning that HydropointData Systems:manufactures the controller and sells it to Toro and"trol who then place their name oii the product. No other company offers a customer service Centex°open 6 days:per week(English and Spanish);specifically for their Smart controller customers and no other irrigation manufacturer offers a customized website for Petaluma customers for the SmartYard program. The Cityof„Petaluma.has sole sourced Hydropoint based IA,testing protocol scores . on and proven water savings for two previous programs in the City of Petaluma. Maintaining product consistency benefits the City by allowing the City to get a top of the line product at the best possible price(bulk discount pricing) as,.well as allowing City staff-to have extensive product knowledge and experience which benefits Petaluma customers. I I 25 i