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HomeMy WebLinkAboutAgenda Bill 4.A 09/13/2004u f� "• i `. CITY OF',PETA'L'UMA, CAL'I'FORNIA T De r L 3 Yuu AGENDA BILL - genda Title: - Pre "seniation,and Resolution Authorizing City'Manager to' Meeting,Date: . Enter -into .A Cobperati.ue Agreement With, Sonoma County"WAter September 13, 2004 Agency for Funding and Administration of the City of Petaluma Water' "Conservation Program For Fiscal Year. 2004/05 Meeting: Time : - ® 3:00 PM 7:00 Pm " Category (check' one): ❑ COi sent Calendar Public Ilearin ❑ ' g Z New Business ❑ Unfinished Business M Presentation Department :,.Wat-er Director Contact Person Phone Number Resources & Conservation M'ic'hael J. Ban, P.F Margaret.P. Orr, P.E. 778- 4589 Cost of'Proposa'1 $369,000 FY04 /05,` Water and'Sewer Funds Account Number $332,617 SCWA..Amendment 11 Entitlement 8200 -5 Total= $701,617 8310- 57310 Amount. Budgeted '$369,000 FY04 /64'Water and Sewer Funds Name of Fun_ d $332,61'7 ' , SCWA,A , m6indinent :1:1 Entitlement Wastewater Total,= $701,617 Water Attachments to..Agenda Packet Item ® Resolution I ; Agenda. Bill. m Exhib" g .. it A —'.Coo .eratiue A r .' . L 'Cit etaluma's Water Conservation Program. for FY 2004 /65 includes to , i . ' development pmen and implementat on of various water conservation. measures that will improve the water use efficiency of the City's water customers. This program reduces;`the demands placed' on the City's potable water system, and reduces the summer peak water . demand caused: mainly by ,outdoor watering. In 2002, the City :of Petaluma became signatory to the: Memorandum. °of Understanding (MOU) Regarding Urban Water Conservation in California as coordinated' by the California ,Urban. Water Conservation Council (CUWCC). As signatory to `the; MOU, the City agrees'to develop and implement cost-'effective Best Management Practices (BMPs) related to retail water agencies o. r limproving water use tffici'ency. The City intends to use the funds available from the '1 th Amended Agreement For Water Supply to fund the implementation of various BMPs: uncil Actio • t _ or`ihe °past ! the City has contracted with the Sonoma Count Wa ter A t y g ` - y o implement and coordiriate th'e'City's'water conservation program. City Management recommends the City continue this approach,for this fiscal; year. ' Therefore •City`Management recommends the City Council approve thel resolution authorizing the City lyMnager to execute, a cooperative agreement with the Sonoma County Water Agency,for,funding and, administration of the City, of Petaluma Water Conservation Program funded''for'Fiscal' Year 2004- 2005. K ev ewed'.. by Finance ,Director-., Reviewe ; . e : A City Manager: Date: Da T ` ` 's Date: August- 25, - 2004: R evision )# and Md Revised: File Code S: \water resources & conservation \Conservation \City Council \Sept 13 2004 SCWA \Cover 04 05 SCWA Agreement.doc l . 2 3 4 5 6 7 8 9 10 11 12.: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 SOLUTION AUTHORIZ " GER TO;.ENTER I _' _ A COOPERATIVE RE ING "THEI CITY NIANA AGREEMENTWITH THE,'SONOMA COUNTY WATER.AGENCY FOR FUNDING AND ADMINISTRATION CITY 'OF P ETALUMA:WATER'CONSERVATION OF. THE- CIT ' PROGRAM FOR FISCAL YEAR 2004'/05 WHEREAS, the City'of Pefalumarecognizes that water ,is an essential and limited resource; WHEREAS, the City of,Petaluma''s water conservation,program is designed to improve the water use efficiency of'its,customers; WHEREAS,, as a ; signatory to the Memorandum of Understanding. (MOU) Regarding Urban Water, Conservation in as coordinated'by the. California Urban Water Conservation Council (CUWCQ, the City agreed to incorporate Best'Management Practices into its water conservation program; WHEREAS, the City °of Petaluma,is entitled to funding for itsswater conservation program through the 11 Amended .Agreement for Water Supply; WHERE -AS, the City of Petal_uma?has contracted with the Sonoma .County Water Agency for coordination, and implementation of its waterlconseivationgrogram for the past 7 years; NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Petaluma that: 34 1. That the City - Manager'is authorized to enter >ntor a cooperative agreement with the 35' Sonoma ,'County Water Agency for -funding and administration of the City of 36 Petaluma's Water Conservation Program for fiscal year 2004= 2005 subject to the 37 review and approval ofthe City Attorney. 38 2. This resolution shall become effective immediately. 39 3. All "portions of this resolution are severable. Should , any individual component of 40 this resolution be adjudged to be invalid and unenforceable. by a body of 41 competent jurisdiction, then the remaining resolution portions shall be and sAwater resources °& conservation \conservation \city council\sept 1 scwa\resolution - 'funding agreement 04- 05.doc continue in full for ce and effect, except as to those resolution, portions that have been 'adjudge. invalid. The City Counci'1 of the' City of Petaluma hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portionthereof, irrespective of the fact: that one or more section subsection, clause. sentence;- phrase of other portion. may held. invalid or unconstitutional. sAwaterresources &,conservation \conservation \city council\sept 13 2004 scwa\resolution - funding agreement04'05 doc: Y{ VIT'YbF PETALUM•A, CALIFORNIA, SEPTEMBER 13,,2,004 PRESENTATION AND•RESOLUTION'AUTHORIZING CITY'MMANAGER TO ENTER INTO A., COOPERATIVE AGREEMENT WITH THE SONOMA, COUNTY'WATER AGENCY FOR FUNDING AND ADMINISTRATI,ON OFTHE!,CITY OFPETALUMA.WATE'R CONSERVATION PROGRAM FOR • FI`SCA YEAR 2004' -20 8' 1.0 EXECUTIVE SUMMARY: r The City of Petaluma's Water Conservation Program for FY 2004/05 iincludes development and implementation of various `water° conservation measures,that . °will "'improve the water use efficiency of the City's water customers. This program reduces the demands placed on the City's potable water system ;and reduces the summer peak water demand caused mainly by outdoor irrigation. In ;2002,` the City of Petaluma „be s>gnatory to the Memorandum of Understanding. (MOU) Regarding Urban Water Cons'ervat'ion i n C'ali`fornia as coordinated by the California Urban Water Conservation Council (CUWCC). As 'si'gnatory to the MOU, the City agrees to develop and implement cost- effective. Best Management Practices (BMPs) related to retail water agencies for improving 'water use th efficiency. The City : intends to .use the funds available from the 11 Amended ., Agreement for Water Supply to fund the implementation of various BMPs. ® For the e past coordinate asand years, Cit has contracted with .the .S`onorria County Water Agency to the 'City's water conservation program. City Management recommends the City continue this-'approach for this fiscal year. Therefore City Management recommends the City Counci ' approve the resolution' authorizing the City Manager to execute a cooperative agreement with the Sonoma County Water Agency for funding, and. administration of the City of Petaluma's Water Conservation Program funded ; for Fiscal Year 2004 -2005. 2.0 BACKGROUND: In 1995, the Sonoma County Water Agency (Agency commissioned a 'study of the cost - effectiveness of various water, conservation measures that could be implemented by each water contractor._ The. study, entitled. �" Water and. Wastewater Efficiency /Avoided Cost Study (September 1995`) ", determined the potential water savings, and economic costs and benefits of I. implementing, $est Management "Practices, (BMPs) within the' Agency's service area. 'This .study subject 't' annual` budget a ro" riations' ,a roximatel 5M ann dll The WCP designated, lead to the'developme �: of the titer Conserv $1 ep at>on Pl y" b the Ag for 'a ten -year period (commencing, FY 1997=1998), • to assist the Agency's water contractors in implementing cost- - �� - effective BMPs; The "WCP is ,now funded through the 1 l th Amended Agreement for Water Supply. , . Fundi . :for Water conservation programs is provided i the Agencys ,operations and maintenance fund. `The' water conservation portion of this fund, 'is approximately $2M annually (Petaluma's contribution to. this fund is approximately ,$330,000, annually). , Of the $2M budgeted, approximately $500,000 is expended for regional water conservation efforts by the 1 S' \water resources & con servation \Conservation \City Council \Sept 13 2004 SCWAVf 04 -6S agenda bill.final.doc Agency. The remaining $'1,5M is designated to assist the water contractors in implementing their water conservation pro:grarns. Petaluma . ' s total' entitlement to this fund, over the 10 -year period, is $2,780,083. This, provides an ,annual"amount of $278,0.00. These funds are identified in Petaluma's'portion of the Sonoma County Water Agency's WCP with the goal to reduce water demands on.thetraiismission system.. Petaluma'''s water conservation program focuses on im proving the water use efficiency of the: City's customers, 'The program is based on. the California Urban Water" Conservation Council "`s (CUWCC) Best Management Practices (BMP). As a member of the CUWCC, the City agrees to implement these BMPs as part of its water conservation program. - The CUWCC: was created to increase efficient water use statewide "through partnerships among urban, water agencies, public interest organizations,: and private, entities. The ' Council's goal is to integrate ,urban water conservation. Best Management Practices into the. planning and management :of California's water .resources. This is the 7 th year 'that' the City of Petaluma and the Sonoma County Water. Agency have cooperated in. administering the City of Petaluma's. Water `Conservation Program., Each year the City's water conservation program is modified and improved based on the! successes, and lessons from previous years. Some of the programs' accomplishments include: o Replaced 1;_196 high flow, non - residential toilets with ultra -low, flush toilets. • Replaced, 2,665 high flow, residential toi lets °with ultra -low flush toilets, Implemented water waste ordinance. •. Replaced 1,`306 high flow, residential washing; machines with water conserving models. a. Replaced 99 high flow, non - residential washing machines with water conserying models. Conducted waterless urinal pilot project and installed 22 water -less urinals. at various. public locations. • Conducted 7 audits' in the commercial, Institutional and industrial setting and obtained ,over 14 million gallons per- year, of potable water' offset from implementation of various. water saving devices and design changes. • 'Completed large landscape water audits on various City Parks. • De.si'gned'and constructed a wat er- effici'ent: demonstration' landscape for City Hall. • Coordinated landscape water budget seminar for City staff and, focal. landscape professionals, calculated landscape water budgets for 14 irrigation only users and. communicated findings annually. s Installed 89 pre -rinse spray valves in City restaurants. • Coordinated restaurant water and energy savings seminar for. City staff and 'local restaurant operators. • Continued water conservation public outreach program including water conservatign messages on local buses, newspaper- ads, (including irrigation recommendations), and information on City web page: SCWA staff will, be. working closely with the City to administer the water conservation` programs. The proposed" Cooperative Agreement for Funding and Administration. of the City of 2 SAwater resources & conservation \Conservation \City Council\Sept 13 2004.SCWA\fy 04A5!:agenda bill final.doc Conservation 'Pro gram 'Funded ' F scal Year 2004 ;;:2' Q0'5-,1 provided in Exhibit Petaluma Wafer in i - n of each -BMP along * wi th the A is A. AftdchmenC,.", of �ih -Agribicnient includes a brief definition wi b ckground,,"Or status of 'the work performed on the BMP, to qate;,rand`jhe goals for the coming year. The .following; aTp! goals -for the'2904/05 water conservation program- BMP I Water Survey Programs . for Sindo-Family Resittential . and Multi-family tustom"ers S4nkle- and Multi family Pesl Surveys. The Program will offer site surveys for single i-family"r customers. Indb6f and.,'Outdoor- will and ,.,mull p p rovide the cifsfbm er­w­1th'lbw-fIow devices, irrigation schedules , _and education on ways for them to. save ave wdtei,,'Agency staff work with., the' City's contractor. Agency and City staff Will coordinate the single- and - multi' - family" residential survey - 1 o u'rvdy in of 20044ndWilI�t ntinde until 488 single-family i 'program Th horrids going ,:havel-be- 6fi stirveyed and I 00 multi 4amil homes have been surveyed. This on- y BMPj' ui es he City to 244 Aid �O`niti i- surveys Oqir It din through 2012. ET Irrigation Controller Program. This prograrn, Js anticipated to begin 'during 2004 - 2005 Program- year. Agency and City staff will le develop and,.Im ment a program to develop , - --:- implement ers asta,,con City's'ET'Irrigation 'di'siribut6br ins'tillEtIrri� 'tiriaafi6ii-of the Controller Pilot Program' and in ;coordination with .the Mency's regional ET controller , , 6 ` ' ' f P I J 3 nion Th i t' To Petaluma is the program that w ill be�'part Ily fia-'rided w ith Prop "ey. e I y 'largest peak potable water user-,, within the' Cit due, to summer , irrigation, on parks. Thus, the ET controller program o`will ! be f6eised on irrigating City owned laid efficiently as a first priority and'a,residenti4f'DilOt program as a secorfd.,p ton ,riority. BMP 2 - Residential Pluinbingkdrdfit, The City will tco'niihue distn'6'fing low flow showeiheads., toilet dye tablets; , . hose end faucets and, faucet, aeratofs durina the annual Sonionia-Marii n F air and year around at City ' Hall. New this year will he the distribution of these -products As part of'thie .single- family dridintifti-f ily, audits being conducted as re I u - ir I ed u Sugyors will offer to lin siAkfie devices �fof residents if the resident ;agrees. The City has iinto track the distribution of low flow devices to comp w ith : it h_ the requirements of this.BMP- — BMP I —S*_siem'Wat'e''r Audits,, Leak Detection 'and Repair Thee , City w, continue its system water audit, leak detection, rri and repair pr9gra. — ill - confi e 3 SAwater resources & con CounciMept 13 2004 SCWA\fyQ4 agenda bill.final,doc BMP 4 — Meterine with. Commodity Rates for All New Conneetions and 'Retrofit of EXisting Connections The City achieves this BMP byincluding a commodity charge on its water.'rafes., BMP 5 Largetandscape Conservation Programs and Incentives Accounts with Dedicated Irrigation .Meters` Agency and City :staff will work cooperatively- with Agency's intern(s) to begin to measurei approximately 500 landscape areas of "the Cit y 573 dedicated irrigation meters` accounts, using existing GIs, aerial p gr _p y y measurements. ,uti'hzing GPS technology: Agency and.: City staff will wok with he C 1 t 's Finance Department to develop a .method to contact, customers with bi- rnonthlywater budgets to show the relationship of their water budget to the actual water that they used, during, the current billing period. The new financial, software (Pentamation) purchased by the City last year • will be programmed to provide this information, directly'to, the customer on their bill by the next irrigation season.. The City is dependent upon. Pentamafion's programming to help make this aspect° of the program :successful and the coordination of the landscape measurements wth'the GIS system into the cal'cidlafiofts. Landscape' Wdter Audit Program.: The City of Petaluma Parks! Department has grant funding that °will be matched with conservation program funding to removel turf and optimize irrigation on City owned -land. Follow through on survey results' gathered previously will . I., be conducted to optimize the::areas already found to need re pairs to save potable water or areas with high maintenance costs and no recreational benefit from the presence of the turf. Agency an, nd tity staff will work together with a ,landscape architect to re- design parks with water effibiencyand low maintenance as top priorities 9 6 high- Efficiency Washing Machine Rebate'Programs Residential program: Agency and City will' continue to 'implementing .the regional residential washing machine rebate program for residential water customers, for- he purchase of qualified high= efficiency (genetdIly, ENERGY STAR ;labeled) washing machines. City, staff ,determines if applicants are approved for a rebate and City's customers will - be paid through the Agency's agreement. with Electric & Gas - Industries Association (EGIA) The estimated water. sa y ings from replacing a� standard' washing machine with a residential high- eff'ciency washer is 5;1,00 gallons per year. The rebate amounts. for FY 2004/2005' will range from $100 to$150,- depending on, the model. The City shall contribute' $50 to $75 per rebate to combine With matching funds under the State ,of California Proposition 13, Grant. To further encourage residents to optimize in- of BMPI and �aniount of water the can save resented aeon with the "oten ia L as part home water use efficienc this ro Will by discussed wig res dents;surve y, P g p tial savings the resident could anticipate on the water bill. 2 S A waterresources. & \Conservation \City Council\Sept 13,2004 SCWA \fy 04- 05''agenda bill.final.d'oc T, J71W .Non - residential /•commercial Agency 'Program. Agenc e an .rebate y pro ffy grain 16'r to continue to n _ .. S "ta implement the on- residential washing _ p_ gr _ 16'r the City's non - pit residential, rebates of up to $500 for purchasing a high -effi iency com erc al washing machine:, Ste inspections will,'be. required prior to authorizing rebate payments. Qualifying clothes washers- are mostly found in coin- operated.laundromats, and in multi= family housing with common laundry facilities. The estimated water savings from replacing a standard non - residential washing machine with a non - residential, high- efficiency washer is' 19,000 `to 28;0:0.0 gallons per year per machine. Last year both coin operated commercial Laundromats in the City replaced all of their old washing machines. The program. this year -will focus on, multi- family units surveyed as part of'BMPI, offering incentives to owners with washing, machines in common areas: BMP 7 Public Information Programs Speakers;, Continue to provide speakers to community groups who request a water conservation presentation. Web Page: Continue to provide current information about the City water conservation program to City sfaffto utilize for the web page. " Sonoma - Marin Fair: Agency and City staff will„ continue to work cooperatively to setup a water conservation booth_ at`the Sonoma -Maria County. Peak Reduction Program: Continue City's public information :outreach program during the irrigation season to help residential-homeowners reduce their summertime peak water demand on the Petaluma Aqueduct. Agency„ staff will prepare - monthly newspaper ads with the number of minutes to irrigate landscapes.' Xerisca p _ .Garden Agency staff will continue to`wor "k cooperatively to produce , City and A e the Xenscape garden educational, brochure. The City' envisions the `brochure to include the locations of ahe many demonstration gardens that are •b.eing installed 'by the City as part of "the Park •retrofit program ;mentioned in BMP 5 above. A brochure,, will be developed by Agency `Staff to showcase the City design and explain the landscape design to the ,public.. new xenscap•e Garden will be installed at the Cavanaugh Center and -signs wll,be added "to -both Gardens delineating' the types of plants and irrigation systems used, in the gardens. Residents and landscapers can then use the brochure to understand plant type and watering needs. BMP' &— ScliooC'Ed'ucation. Programs The Agency will continue to smplement the schools education program. S \water resources & con servation \Conservation \City Council \Sept 13 2004 SCWA \fy 04- 05`.agenda >.bill.final.doc BMP: 9 - Conservation Programs for Commercial,,Industrial, and Institutional: Accounts Commercial Toilet Replacement Program Tlfe. City and' Agency_ will continue to promote and ;administer the City's Non - Residential Toilet Replacement Program. to industrial, commercial, and institutional customers. CII Audit and Incentive Program: At least three in -depth engineering resource, audits wilt lie. performed at local CII businesses. The City and Agency will conduct a Pilot Efficiency program in the spring of 2005 to determine the feasibility of offering expanded incentives for installation of more efficient toilets washing :machines and irrigation equipment. The program will target 1 single family residents and one multi family residential unit audited as part' of the BMP 1 requirements, one commercial customer, one institutional customer audited', last year and one industrial customer The goal of the efficiency program will be! to determine how the City would implement: and pay for an efficiency component' of the conservation program. The City is planning to work with the Agency on the second , phase of the -regional restaurant water conservation program. The program will ;offer, general auditsl• to approximately 10 more restaurants. The general audits will- include, an` inventory of water using fixtures installation of a pre -rinse spray nozzle and check for water leaks. The CPUC 'w ill pay '$130 towards the labor costs to install the pre -rinse nozzle and the City' will continue to pay $`50 for the nozzle. BMP 10— Wholesale Agency Assistance Program The Agency will continue to implement this BMP. ; BMP 11 — CWiservation Pricing Wastewater service, charges for - residential customers are now based lon average winterime water use. This approach is more equitable than a flat fee and :provides an additional incentive to conserve water. Commercial accounts- -are charged for both water and sewer based upon actual consumption, with the sewer rate dependent` on the type of effluent going to the wastewater treatment plant. The City is investigati`ng.the of billing on a monthly cycle instead Hof the present bi- monthly cycle: City will continue implementation of °tiered rates as planned through 'Resolution No. 2002 -1 -91 N.C.S. 0 S:\water resources &conservation \Conservation \City Council\Sept 13 2004 SCWA \fy 04-05 agenda bill.final.doc ' B NIP 12: Conservation Coordinator The City will continue to contract -with the Agency and provide City staff to fill the water conservation coordinator osition res onsib>1>ty, The City,will add. an Intern to assist the p' p Agency provided. coordinator. The City's Engineering. Manger provides oversight. BMP 13 Water Waste Prohibition City staff will .continue to enforce the water waste ordinance. Based on information gathered from the IMP 1 surveys on water softeners, the City and Agency wily decide on further actions required. The'. City and Agency Will review the City's landscape ordinance for new development and recommend changes. BNIP.14 Residential Toilet Replacement Program The City's 20.04/05 Toilet Rebate Program will remain at a $1.00 rebate per toilet for participants whopurchase and. install their own fixtures;. All old toilets will be. recycled at the Petaluma :Recycling Center through the , Old Adobe Development Services, which is compensated with !a $2 donation per toilet recycled; Agency and City;staff w411 market the program through, cooperative advertising with, local' plurnbing:supply stores. 3:0 ALTERNATIVES: Alternatives for implementation of the City's water conservation program include: Alternative _I — Citycontinue contracting with Sonoma County Water Agency Alternative 2 - City recruit, hire, and train new personnel for'implementation of the City's program 4.0 FINANCIAL IMPACTS: , Petaluma's entitlement'. from , SCWA for FY 04 -05 is $332;617, which ;is $54,617 higher than prior.: years due to personnel, changes -at SCWA in FY 03 -04,: The estimated cost for the assistance of the'Agency to implement Petaluma''§ program is 5120,00,0,,-and comprises the staff time of two summer interns ,assisting with BMP 5 landscape measurements, one Water Conservation' Coordinator (Brian Lee) and the Water Conservation, Coordinator ,Supervisor (Lynn Hulme). 'The amount of Agency staff time dedicated 'to Petaluma's program -will be reported tatheCity on a'quarterly basis but is anticipated to be 30 hours per week:. The remaining $242,6 is, for 'irnplernentation of BMP 1, 6, and 9. B +1VIP T will. be partially funded with Petaluma's entitlement dollars for the ET Controller program and half of the, residential "audits. BMP 6 will be fully funded with Petaluma's entitlement dollars, for the residential washing machine rebate program. Finally, Petaluma's entitlement funds will be 7 S:\wa ter resources,& conservation \Conservation\City Council \Sept 13 2004 SCWAWf 04- 05;agend"a biILfinal.doc. utilized Tor BMP 9 which consists .of pre =rinse nozzles, and commercial, industrial, and institutional. audits. 5.0 CONCLUSION: . Through its water conservation program, the City of Petaluma has offset potable water demands by approximately 165 acre -feet annually. The City's, goal is to create 400 acre -feet of potable offset. by 2012 through conservation. Thus the City should continue to implement its water conservation programs to improve the water -use efficiency of its water customers and meet the requirement,agreed upon with the CUWCC. 6.0 OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: Successful implementation of the City's water conservation program. 7.0 RECOMMENDATION: Consider and approve resolution authorizing`. the City Manager to enter 'into an agreement with 1. the Sonoma County Water Agency for Funding and Administration, of `the Petaluma Water Conservation Program Funded in fiscal year 2004/05. i • 8 S: \water resources ° &.conservat ion \Conservation \CityCounc l \Sept 13 2004 SCWA \fy "04- 05 - agenda bill.final.doc COOPERATIVE' AGREEMENT FUNDING AND ADMIMST OF THE CITY,OF'PETALUMA WATER CONSERVATION PROGRAM FUNDED,IN FISCAL YEAR 2004/2605; This agreement is between theuSonoma County Water. Agency,*. a body corporate and politic of the State of California ( hereinafter "Agency"), and Petaluma (ti'ereinafter'`Gity ). RECITALS r A. The City and Agency share the goal. of 'promoting. increased efficiency of. Water use in order to reduce operating costs, avoid 'or defer capital improvement costs associated with ' expansion of water supply and wastewater disposal systems, minimize_ "associated env'i'ronmental impacts, land meet criteria and standards of state and federal regulatory agencies. B. The Eleventh Amended .Agreement for Water Supply authorizes the Agency 10 implement and fund water conservation measures that are. cost - effective and will reduce water demands' on then °Agency's transmission system Conservation in California as overned,b the California, Urban Water Conservation (MOU) Regarding Urban Water C. The City and Agency are signatories to the : Memorandum of Understandin g y .Council (CUWCC). R. Agency and City have cooperated; to develop, implement, and fund a Water Conservation Program since 1996, and City desires. Agency's 'continued assistance in d"evelopin and., implementing the City's Program as described in Attachment A. E. The City is requesting a tota6 contribution: from Agency of $278;0007cons.isting' of,funding,and in -kind services and materials for im lementation: and admini p station of Program p ro . City s Program F. Funding for this ram is available "from W allocation in the Agency's' category of 'Water Conservation 9 Program," (Account No 675108 x 7247;), within the Agency's 2Q,04/2605 budget: G. Agency and City do mutually desire to ."dooperate in the imple'rnentation and financing of'said Program. AGREEMENT The,City and Agency agree as follows: 1. RECITALS. The above recitals are true and correct. 2. DEFINITIONS For the purposes of'this agreement the terms and definitions sha- Il, be used: Contractor - 'Contractor hired by City to perform water conservation services. Participants City- approved water or wastewater customers who qualify for individual programs as described in Attachment A. S:lwater resources & conservation\ConservationVAgency , 2004'2005`Agreementlpetwc prog- 04- OS.fndsfinal.doc' Program Forthe purposes of this agreement "Program" refer collectively to the Water Conservation programs described'in,Attachment A and _related activities the City and Agency have agreed to perform in cooperation. g implement onsi P Program .Manager Agency staff assi " ned to im lement Program and perform Agency's responsibilities. 3. COORDINATION City ,shall coordinate all work with Agency's Program Manager,. Brian Lee, Water Conservation Specialist (Phone: 707 -547- 1918; Fax: 707- 524 -3782) or assigned personnel. City contact is Margaret Orr, Engineering Manager, Department of Water Resources and Conservation (Phone: 70T- 778 -4589; Fax: 707=776 =3635) or assigned personnel: 4. CITY'S RES,PQNSIBILITIES City shall work cooperatively with Agency to manage and administer the comprehensive. Program, as described in Attachment : A, includ.i'ng staffing,. supplies, and contract services, at its cost and expense except to the extent Agencyfunding is provided- in Section, 6 below. In so doing: A. City shall ;provide. Agency's Program :Manager with ;requested policy and /6(direction: during, Program, including quarterly review /approval ofi changes and modifications proposed to the specific Program tasks in the Agency's quarterly report required and submitted under Section S.F. B. City shall provide ergonomically correct workplaces for ,1 person inclusive of a desk, computer, and dedicated telephone to relay information on water conservation measures to the ,general public: C. City shall: provide ` meeting facilities for: necessary'meetings relating. to Program. D. City shall provide .Program Manager With access to water customer billing' data to be used' for ;marketing various water conservation programs. E. City shall' select and hire Contractors" 'required by Program, based on Program Manager's recommendations.. F City shall review and pay Contractors' invoices 'and rebate /incentive payments to Program Participants, excluding those associated with regional programs such as clothes, washing machine rebates,,thathave been verified'by Program Manager. _ ;G. City shall review the list of applicants, submitted by Agency, requesting - clothes washing machine rebates'to determine if applicant is a. qua lified Participant to receive a rebate. H. City shall require its Contractors to insure and indemnify ;the Agency using the language identified' in Attachment B as the language for Agency;ihsurance and indemnification requirements in 'th'e' request for proposal package and shall provide evidence of such insurance ,and indemnification to Agency in a form satisfactory to Agency. l: City shall select and purchase, based ion Program :Manager recommendations, all fixtures included in Program J. City shall work with Agency'to post;and update City's web page with information supplied by Agency. K. City - shall maintain complete and accurate records of all transactions in compliance with generally accepted accounting principles for enterprise accounting as promulgated by the American Institute of Certified Public Accountants:and the Gove_rnmental.Accounting Standards Board. Such records shall be available to the Agency at all reasonable times for inspection and analysis. L. City shall,, within 60 days of completion Hof the Program as'described herein or''termination as provided for in Section 10, submit to Agency:a complete statement of costs 'accounting for all 'City's Program costs. M. Upon execution of this+ agreement,, City shall invoice the Agency quarterly for expenses incurred as authorized under this agreement. All invoices submitted to Agency by City, shall summarize water conservation accomplishments with expenditures and be clearly marked with "City of Petaluma, Water Conservation Program Funded in Fiscal Year 2004%2005,. ProjectYTas_k No,. '3599'1'5 and Account.No 675,1b0- SAwater resources & conservation lConservation)AgencyV004 -2005 Agreement \petwc prog- 04- 05and.final.doc 5. • sn AGENCY'S RESPONSIBILITIES ' Agency will provide general Program administration ,consisting, of the ,following; A. Assign Project- Manager toi coordinate, document.; arid report on the coverall administration, budget and follow- up,of, he. Program described-in Attachment A. B. Provide :staff to respond to incoming, from City customers, as needed, for the duration of this agreement ?, C. Submit list; of applicants `for- clothes; washer rebates to City via fax or email for City's review and determination of qualified Participants to receive-rebafes. D. Pay�clothes washer .rebatesfor'those,qualified Participants approved by City: E. Review; verify, and f ,, ' y forward to City payment requests- from Contractors arid. Program Participants requesting rebates /incentives. except clothes washer rebates.. F. Prepare, quarterly reports summarizing status of ;all aspects, of Program and detailing recommended changes /modifications to specific Program tasks, and submit the report'to City and'Agencys General Manager /Chief Engineer: G. Provide City with .updated inforrn6tion for'posting to Citys websitei H. Design and produce Program broghigresand applications as applicable.and approved by City. I. Pay invoices submitted. by City under Section 4 M' following "'review and,approval by Agency. 6. FUNDING - A. Management Agency,will prov "Program management consisting of Agency staff time, payment to City's Participants for° clothes 'washer rebates, an ,material costs, estimated to be approximately 200 "000.. if Agency,determ'ines Agency, staff is not available orif�City provides water conservation staff to, accomplish Agency responsibilities, City may °invoice Agency for management funds in accordance with ,Sec. 04.M. B. City's Program Costs City's cost' to perform the tasks authorized in Section 4 is estimated to be approximately, $76'66 C. Regional Programs If approved by the City and Agency, a "po rt ion of- tha,furids authorized under this agreement -may be, utilized for ; direct expend'+tures "to pay washing ,machine'rebates to 'Participants and /or to participate in purchasing water conservation equipment and /or,services through Agency's regional programs or` water• conservation' grants from�otherfunding'sources ., D. Maximum obligation Agency's maximum, obligation under this, r agreement, including Program management; payment of ,City s, mvoices,. and, participation din Regional Programs, if applicable, shall cumulatively not exceed 278'x000 7. ADDITIONAL REQUIREMENTS ' A. Notification Agency will notify City in. writing when costs reach 85% of the estimated budget. amount ; for costs associated with Program Management. Agency will also notify'City in writing when "amounts invoiced by City reach :85% :of therestimatedbudget amoun`tsfordirect payments to the City. B P a e' g d ohtI is des O to i one of the rfotofied City, City, v shall, adise Agency in Writing within 30 cd�r Y g: 2 fund 100 O IO of costs conf c fun is depleted; or 9 Y ) ° g inue with the Program without additional funding from Agency; ,or „ 9 Y 9 g y g y q 3.) request additional funding from A enc.: In such event, City shall 'submit a. revised budget estimate to A enc 's .Gene,ral Mara er /Chief,En sneer °with a written re nest 'including reasons for cost overruns. C. If ,Agency's. General Manager /Chief Engineer determines that the additional costs are reasonable and that additional funds are. av ailab'le in Agency's Water Conservation Program budget, Agency's General Manager /Chief Engineer may, in his discretion, execute an amendment to this agreement to 3. S:\waterresources & con servation\ConservationWgencyt2004 -2005 Agreement \petwc prog- 04- 05.fnd:final.doc increase; Agency's contribution to Program costs by an„ additional amount not to exceed', 25 000. Notwithstanding this authority, Agency is under no obligation to: approve such requests. D. Authority to Amend Agreement The Agencys General "Manager /Chief ;Engineer and the Cify's City • Manager are authorized to execute amendments that cumulatively do not exceed '$25 pursuant to,Section'7 13 3, and do not substantially change the scope of "the agreement: E." Refund" of Remaining Funds If the final Project ,cost accounting statement submitted under paragr.,aph, 4.L of this agreement demonstrates that Project costs are less than the amount`s paid to City or if, the Agreement is terminated under Section 10, City shall refund the remaining funds to Ageneywithin 30 days of submitting said. statement to Agency. . F. No. Waiver of Breach The waiver by Agency of,any breach of any term or promise contained in this agreement shall not be deemed to be a waiver of such term or promise or any subsequent breach of the same'or anyother °term or promise contained in,`th'i's agreement. G , Construction : To "the, fullest extent allowed by ,law,. the provisions of this agreement shall be construed and given effect in a manner that avoids any violation of statute ordinance, regulation; or law. The covenant an, d agree :that in ;the. event that'.any provision of this held, by a 'court ;of :competent jurisdiction I to be `invalid void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no. be affected,,.'impaired or invalidated thereby. City and Agency acknowledge that they have, each contributed to the making of tlis agreement and' that, in the event. of a dispute, over "the interpretation of this agreement' the language of the agreement will note be construed. against one, party in favor of the: other. City, and Agency acknowledge 'th'at they have each had an adequate opportunity 'to consult with counsel in the negotiation and "preparation: of this agreement. H. No Third =Party Beneficiaries Nothing containedJn this. agreement shall be construed tq create and, the.parties do not intend`.to'create any rights in third, parties. I. Applicable Law and Forum This agreement ;shall be construed, and interpreted according to the substantive law of 'California excluding the law of conflicts. Any action to` enforce the terms of this agreement odor the breach thereof shall be brought and tried in the .County of Sonoma_." J. Captions The captions in this agreement are solely for convenience of reference. They are not a Is part; of this; agreement, and shall have no effect on its construction or interpretation. K. Me rger : This writing, is ,intended both as the final expression of the agreement between,the parties hereto with respect to the, included ;terms, and as a complete and exclusive ;sta'tement of the terms of the agreement; pursuant ,to: Code of Civil �Proce"d`ure Section 1856. No °modification ,of this agreement shall be effective unless and until such modification'is evidenced by a writing signed 'by both parties. L. Time of Essence Time is and shall be of`the essence. of this agreement and every provision hereof: 8. MUTUAL INDEMNIFICATION Each party shall 'indemnify, defend, protect; hold harmless, and release the other; its officers, agents :and employees, from all claims, losses, proceedings,, damages, causes of action, liability, costs, or- ezp'ense (including attorneys' fees and witness costs)�zrising from or „in connection with, or caused by any negligent act or omission or willful misconduct of such i party This indemnification obligation shall not be 'limited in anyway by any ,limitation, on the ,amount, or type of damages or compensation payable to or for the indemnifying party under workers' compensation .acts, . disability benefit acts, or other employee;benefit;,acts. 9. TERM OF AGREEMENT. This Agreement shall remain in effect until completion,lofthe Program or depletion of available fund's as specified ,in the agreement and detailed in the Program description, unless terminated earlier in accordance: with the.terms herein. 10. TERMINATION OF,AGREEMENT This agreement may be canceled upon thirty (30) days written notice by either party: 9 Y 9 P P 9 S: \water resources & conservauon\Gonservation\A enc \2004 -2005 A reement\ etwc ro - 04- 05fnd.fnal.doc & INWITN E8.S. WH�REOF' the parties� hetet6 haver executed this agreement as set for below. Reviewed as 'to substance by City: Reviewed' as to substance by Agency:' Department - Head DepOrtment Reviewed as to funds by City: Reviewed as to ftinds Agency' Finance Director Division Manager, Administrative Services Reviewed, as. t6formty County Counsel: Reviewed as to form by City Attorney:; City Attorney County Counsel Approved as td form: City's. Risk Manager- CITY OPP ETALUIVIA sONOMA COUNTY AGENCY By: By: City Manager Chair Board 6f,Directors Date: Date Attest: Attest: City Clerk. County Clerk and' ex-officio Cie W o f the B oard of Directors 6 SAwater resources"S conseriation\C66sdrVatioh\ Ageincy\2004-2005 Agreement),petivic prog-04-05.fnid.final.doc i. ATTACHMENT A Cooperative Agreement'for Funding And Administration of. the City S: \wateriresources,& con ervat on\Con, servatio IAgency12004 20 A n e al Year'200412005 gr'ement \p °etwc grog- 04- 05.fnd,doc A.1. BACKGROUND The Agency's Water Conservation;Plan ,(WCP) was reviewed: and accepted b y the Agency's Board of Directors on May 1'9, 1998 The'WCP details the amount of annual water conservation funding available for a ten -year period (1998= 2008)andahe water savings goal by the year 20.15. City's water savings goal is 1,000 acre -feet per year {AFY) by'201'6. The "City's goal is to�offset'600 "acre -feet per year of existing programs. As of July -31, 2004 the conservation programs °provide approximately 165 acre - potable water use with recycled water and :another 400' acre -feet per year with water_ co oximately 165 feet of potable offset annually.. An , estimated °$$278,000 will be available annually to the :City`for implementing water conservation .measures (additional sources of funding may increase this amount please refer.to Section A.2), The' "City °anticipates continuing to fund the= conservation program at the current annual rate in support of the CQWCC document. In 2002 City became signatoryto the, Memorandum .of Understanding ,(MOU) Regarding Urban. Water :Conservation in California as governed: by' thibtaliforniaUrban ,Wbfbr Council (CUWCC). As signatory to the MOU; !City is responsible for compliance with developing and implementing cost - effective Best Management.,Practices (BMPs) related to retail water.•agencies. City intends to use the funds available from this agreement:and;,those budgeted' in the: City!s water and wastewater operating budgets annually to help fund the' implementation of various'BMPs required by the CUWCC's MOU. A.2. ADDITIONAL FUNDING` SOURCES Besides funds available #1.1, funds'are�available='frorn the,City's water and wastewater operating bud'gefs for,water conservation program implementation. The Program costs and water savings estimates are, based on the following reports: a Water and Wastewater Efficiency /Avoided Costs Study. September 1995 (MW Study), prepared by Montgomery Watson a'nd.funded by the Agency 0 City of Pe #aluma's 107 Cll' Toilet. "Replacement. 'Program, prepared by John Olaf Nelson Water .Resources Managernenf and funded by the Agency Industrial Water Efficiency Program proposed, for the City of.Petaluma and the Sonoma County Water Agency, April 26, 1999, prepared by Pacific Technology Associates; for The Bay Institute of San Francisco with.funding from The Rose Foundation. TABLE. 1 — City and Agency�(Special Assessment) Fiscal Year 41 ' 8 Water Conservation Operations Budget in'th "ousands of dollars SOURCES 1t' w Water O eeations (City), 222• 222 ' 222 .71222% ,2'22 a. 1 11OEM Sewerfund'(City) 147 147 ' 1474 ; M4,7 � 14,7 Special Assessment ,,(Agency) 333 2.7,8 27$ 278�278�a 1445 TOTAL 702 I L - o - 4 marf 1X647 147 ;i64Z3290 . a A.3. PROGIR AM DESCRIPTION A.3.1 Introduction: The Program includes development and implementation of .various water conservation measures that will reduce the amount, of water used by the City's water customers as well as reduce the inflows into the Petaluma Wastewater Treatment Plant-. The. City intends to use the funds Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program- Funded 2004!2005! A -1 Mavailable emorandum of Understanding Regarding implementation of Urban Water 'Cons ervation ha C's 1 to help • ing " s a complete description of all of the,BMPs. A.3.2 BIUIP 1 - Water Survey Programs for'Sing-le= Fa"milV Residential and' Multi -family Customers A. Definition .Develop and implement ia strategy targeting,an.d,' marketing water use survey to sing1e- familyLrbs1dent18l and multi-family residenti al customers. ,Provide,custorners with evaluation results and water savings recommendations. The surveys include indoor and outdoor components and at a minimum, have the following elements: Check forwater leaks in toilets, showers and faucets. Instruct customers; howto read the water meter and. use it to check leaks. Measure showerhead and faucet flow: rates 'and 'offer to replace high- flow . ;fixtures with new water Lcon serving fixtures: Check irrigation system and timers. • Review or develop customer,irrigation.schedules. B'. Status :. ET Irrigation Controller'Pilot Program: In 200112002, the City of Petaluma °approved an agreement.to perform an evapotranspiration (ET), irrigation controller pilot test for 50 City water customers (mostly single - family. residential). The ET figation Controller Pilot Program satisfies the outdoor portion of the residential water audit. The City decided to wait, and im lement this. his' pilot program as part of 1he regional ET Irrigation Controller Program that will be partiallyfunded with Prop. 13 funding (see section A.:3.2- C.2. w)'. C. Goals: 1. Single and Multi = family Residential Suryeys. The Program will offer'sit&surveys for single and multi- family residential customers. ;Indoor and outdoor components will provide the customer with Iow4I6w. :devices, irrigation schedules, and education on ways for the m to save water. Agency staff will.work with and train City's, contractor. Agency and City - ystaff will coordinate the single- and multi- family residential'surve.yprogram. The survey's began in August of 2004 with a, goal of surveying, 488 single, family homes and 100: multi= family:units. This on, going BMP will require the City to conduct 244 single- family and 50 multi - family surveys through' 2012. 2'. ET Irrigation Controller,Program This program is anticipated to begin during 2004 -2005 Program year: Agency and .Cityr,staff will develop and':implement a program to distribute or- install ET Irrigation Controllers as a,continuation of the City's E,T Irrigation Controller Pilot Program an. d'in coordination With the Agency's regional ET controller'program' that will be partially funded with Prop 13 money. The City of Petaluma: is the. largest peak pot_ab,le water user within the City due to summer irrigation on parks: Thus the ET controller priority andra deni Will tia p lot ptog am as second prior ty land efficiently as a first A:3.3 9IVIP -2 = Residential' Plumbing Retrofit D. . Definition : Identify;single- family and. multkfamify residences constructed prior.to 1,992. Develop a targeting and marketing .strategy to distribute or directly install high - quality; low= flow showerheads,, toilet .iflappers, and faucet°aerators to residences requiring them. Maintain distribution and /or direct installation programs so that 'devices areAistributed ixnot less. than 10 %,of single- familyconnections,,and' fam Yl unitseach reporting period. E. ': Status ;. The :City I;ow flow showerheads foilef dye tablets, hose end faucets and faucet aerators 'during the annual Sonoma -Marie Fair at the City's booth, and year round at City Hall. Approximately 3000'low= floinr showerheads and 1500 hose end faucets have been given away in the past two ,years. F. , Goals : The City°will continue distributing low, flow showerheads, toilet dye tablet, hose end faucets and faucet aerators during the annual,Sonoma -Marin Fair and year around at City Hall. New this year will be the >> distribution of these products as pant of single - family: and' multi - family audits being conducted as required under BMP1. Surveyors;will -offer to install Cooperative Agreement for Funding and Administratiomof the Petaluma Water Conservation Program- Funded 200412005 A -2 of low p y q ces. The City has begun to track the distribution " flow devices t ents if the resident a re ments of this BMF: the devices or rest e o'com I with the re, ul A.3.4 BMP_3- System'water Audits, .Lezik Detection' and :Repai'r : ' G. Definition "Annual) comp lete rescreenin " s stem audit to °determine the need; fora full- Y P P 9 Y scale system audit The prescreening system audit,shail calculafe`the following: • Determine.;metered 'sales; a Determine , ,.othersystems' verifiable uses; Determine dotal supplyihto the system; ® .Divide metered sales by�total supply. into ;the aystems. If this quantity is less than1.0 %, a full* system'audit is indicated. Adviser customers whenever it appears possiblethai leaks exist on the customer's side of the meter; pefform 'distrib'ution•system leak detection when warranted and cost- effective; and repair leaks when found. H.,. ' Status : The Cit.y'has had, an active Leak Detection prograrn since 1980 when the City received a State;grant;to. conduct a pilot , program. The Cityhas conducted city- .wide,leak detection surve_ ys every,three' years: since then. Unaccounted-for acco_ urited- forwater loss has been below the national average, ranging from 6 %° to.8 %.. ;1. Goal .The ,City will continue,.its =system water audit leak detection, and repair program. The City will continue be;conipliant with.`this;BMP . A.3.5 BM 4 — Metering with Commodity Rates. For All' New Connections and Retrofit Of Existing Connections J. Definition Require water meters for all new connections and billing by volumeof use. Identify disincentives orbarriersto retrofitting mixed -use commercial accounts with dedicated landscape meters: K. Status The. City has historically required water connections.to be metered and billed by volume of use. The :City,has io,un- metered connections•and has ; estab'lished incentives to promote retrofitting, mixed- uses:commercial accountswith dedicated irrigation meters. All new commercial buildings: required to have dedicated irrigation meters. L. ' Goal : The City will continue'to be compliant with' this BMP. A.3:6 BMP,5 Large Landscape •Conservation Programs and,lncentiyes M. Definition Customer Support, Education and' - Assistance Programs consisting of the following: ccou 9 g ounts :dedicated irrigation 1 An h a ts wit Dedicat Irriga Meters: Identify ,ace U meters'and'assi n Etobased water use budgets Provide billing cycle.to accou.nts'with water use budgets showing the relationship- between the budget and actual 'cons'umption. 2.. Commerciall lnd_ustrialllhstitutional Accounts with ,Mixed-Use, Meters: Develop.and gY g 9 g! g ' implement a strate tar etin and marketin lar a landscape water'usesurveys to I commercial% industrial /institutional.accounts'with mixed -use meters: Each period', directly'contact via letter or telephone'not less than 20% of C11 accounts with mixed -use nieters and offer water use surveys. "Offer the following when cost- effective: p •landsca a water °use surveys, water budgets, dedicated`'landscape meters, training, and incentives to improve irrigation systems efficiency. 3: .New or Change of Service Accounts: Provide information on appropriate landscape, design, ,efficient irrigation equipment/management to new customers and change -of- service customer accounts. Cooperative'Agreement for Funding and Adnunistration`of,the Petaluma Water Conservation Program- Funded 2004 /2005 n A -3 Status A California Irrigation Management Information System (CIMIS!)rweather station was installed at the. Rooster Run Golf Course in 1999. This station provides the evapotranspiration (ET) data needed to develop and implement the large landscape conservation ,program, including the following: 1. - Water, ,Budget Program:: 'Methodology'was developed.to,assign water use budgets for non';resid:ertial landscape sites served• by dedicated irrigation meters. Fifteen City- owned! parks with dedicated water meters were selected and assigned water' budgets through the program., A water use budget is an upper bound estimateof water use ; at'a site'given its landscape area, local weather conditions,, and plant material: Historically,, Letters have been. sent to each :owner of the irrigation on discussing °the water use and ,if t.;meets the anticipated water budget for the areas that:have been;.calculated. The ,City and Agency-are working to automate this,aspect of.the program, see below in goals. 2. Landscape Water A&dit.P.rogramc Twenty City-owned parks have been. audited through the program. Landscape water audits include an inventory of sprinklerson each va /circuit and catch -can tests to determine the precipitation rate and distribution uniformity of'the sprinklers. The catch -can volumes are measured,, recorded' and entered into .software developed by the Irrigation and Training Research C.enterof :California. Polytechnic University at San Luis Obispo, (Cal_ Poly): A;report is .prepared forthe program participant`with a' proposed irrigation scheduie'for turf areas, based on City's ET. 3 Irrigation Incentive Program' An Irrigation Incentive Program was developed;'to assist- non- residential water customers in improving thel efficiency of their sprinklersystems. The City pays:for a portion of..the labor;and material costs of the irrigation equipment °that will improve water use efficiency of, existing irrigation systems. 4. Irrigation. Management Training: Agency. staff will workon.a regional, landscape and /or irrigation training'class:and market ihe:classto Petaluma landscape staff :and other. local landscape professionals. In 1999/00, a Cal Poly 'instrucfor conducted a two -day training session forthe City's landscape:,staff, water department staff, landscape assessme.nt:district contractors and local school district landscape staff,: The training session'helped prepare the landscape professionals to perform, site inspections, evaluate irrigation systems, and develop efficient irrigation schedules:for drip, bubbler, micro- spray�bnd sprinkler systems. The majority of the course was spent , in the field ,performing "landscape audits" and at the computer generating irrigation schedules,with the: audit software • In 2000101, Agency City coordinated a' Plant Water- Requirement Seminar. This seminar was designed for professionals, who design view landscapes review . landscape plans, instal Handscapes, and/ or maintain existing landscape. • In 2001/02-, a Water °`Budget update and ET Irrigation controller seminar was coordinated with the North Bay Watershed Association. In 2003 /04, Agency staff hosted a regional landscape irrigation training class attended by City of Petaluma Parks and Recreation landscape, maintenance staff and other local'tandscape professionals. O. Goal Accounts with Dedicated Irrigation Meters: Agency and City staff will work cooperatively with Agency's intern(s') to begin to measure approximately, 500 landscape of the City's 573,dedicated irrigation ,.meters:accounts,, using existing GIS,. aerial photography and field measurements °utilizing GPS technology -. Agency and City staff will develop a method to contact customers bi- monthlywater budgets to-show the relationship. of their water budget t_o.theactual water that they used during the current'billing period_ . The, new financial software purchased by the City last year needs to be programmed, to provide this: information directly`to th&customer on their bill by theriext irri'gation.'season. The City is dependent upon theprogramming °of the vendor to help make this aspect • Cooperative Agreement for Funding and Administration of tfie Petaluma Water Conservation Program-, funded, 20042005 A -4 .I Z 3 4 the program successful and the coordination of',thd, landscape, measurements with the GIS syste n )n o the calculations: Landscap'e;,lVate AuditProgram The of, Petaluma Parks Department has grant funding thatwill b6., with .conservation program funding °to remove turf and optimize irJrigation .,on'Cityowned land., Follow through, on survey results gathered previously will ,be:conducted to optimize the' areas,already found ,to : need repairs _to save potable. water or areas with high, maintenance costs ;and no: recreational benefitfrom the presence,of`the turf. Agency and. City staff'will work e 9 rwith `a landscape architect tore -desi n ar,,ks with water efficiency.and low mairtenance; as top priorities. . P_ Commercial /Industrial /Institutional Accountswith.Mixed- Use'Meters: Landscape Audit and Incentive Program will becontinued: but Js a °lower priority: as compared to the. retrofit of City Parks;an'd:°working;to understand which]andscape metered accounts are�using water, beyond their water budget., Oncei the Agency and City understand the metered . accounts that "are using too much_water: i then.atargeted p ears. future fiscal . This ro ram will not be advertise program will be implemented in y p g d thinfiscal year: g g g: Irri at�on'Mana ement Tram►n Once the ET controller program has been implemented, Agency, and City Staff Will provide:training to Iocal.Parktepartment Staff for:use ofahe system. Once large landscape rm irifoation i`s included ;in the billing, Agency Staff will provide letters to ,a'I[ large landscape accounts with' a water budget °describing how the neWbills °'can be used 'to assess efficiency If the City conducts the Pilot ET program at theyresidential level, residents will ; be trained and informed on how to optimize the new controll`ertechnol;o,gy. 5. A.3.7 BMP 6 - Hiah'- efficiency °washing. machine rebate.:procirams P. Definition In c6rijunction the'Council, support local,, state; and federal legislation to improve�officiencyi,standards : for washing machines. If an energy.service provider-or'waste water,utility` within `the service territory is offering a offers. ost h„high- efficiency lmachines, then the water washing financial incentivefor the � u�casie,of h agency shall also e. financial incentive base in the marginal benefits of the water savings. Q. Status: 1: Residential Program: The City participated , inthe !'Agency's'high1ysuccessful, service area wide, �Residenfial Clothes Washer Rebate Program since March of 1998. Over the duration of this program, `the, Agency' rebated 1,306 residential clothes washers to Petaluma;customers, saving approximately6.6 million gallons of .water per year. High - efficiencyTclothes washers have a more effeciive,washing action than standard clothes washers. Higher spin speeds reduce .the water content at the end of the wash cycle, the machines are common ly known as t loadergbecause the dooryope son washing on the front of the machihe The water level fills the washing ,machine less than 1 /2- -way, and clothes ,rotate in and °out of the'water. However, some. of the high- efficiency4ashers are top- loaders utiIizing: mechanical and /or computerized advances to save water. High - efficiency'washing on electricity,, laundry,soap, and�useup to one -third less water per load compared to,standard machines. Z Nori- residential' /commercial Program: The City has implemented a..non residential /commercial clothes washer program, rebating $50Q for the purchase of high- efficien'cy clothes' w.ashers,on the CEE's'listof ener gy. and water efficient;clothes washers. Xtbtal of 99 commercial washers.haVb been installed, savings approximately 2 T million °gallons of water per year. R. Goals. Cooperative Agreement for Funding and Administration of,the P.etaluma'Water Conservation Program- Funded2004 12005 A-5 Residential' program Agency and City will continueto: implementing the regional residential washing machine rebate program for residential water customers for the: purchase of qualified high:- efficiency,(generally ENERGY•ST,AR labeled) washing machines: City staff determines if applicants are appro a rebate, and. City's customers will be psi &11'rough the Agency's agreementwi &,°Gas Industries: Association- (EGIA). The: estimated'water savings from replacing a standard washing machine with a`residential high- efficiency washer is 5 gallons per year. The rebate amounts for FY 2004%2005 will, range from $1'00 to.$1.50, depending, on the model. • The City shall all $50 to $75 per rebate to�combine with matching funds under the State of California Proposition 13 Grarif, To further encourage residents, to optirnize'in- home water use efficiencylthis program will be discussed - with residents surveyed °as part of BMP1' and amount of ."water they" can save. presented ,along;with the potential avings the eesident;could anticipate on the water bill. 2. • Non - residential /commercial',Program: Agency and City Staff plan to continue to implement the non= residential washing machine rebate program`for the, City's non residential: customers., Water customers: will receive,rebates,of up to $500 ;for purchasing a high- efficiency commercial' washing machine. Site inspections,wil[ be:required prior to authorizing rebate payments Qualifying' clothes washers are', mostly found in coin= operated laundromats and in multi- family housing with common laundryfaciiities: The estimated water savings from' replacing a standard non- residential washing machine with a non residential, high- efficiency washer is 1'9,000 to 28,000 gallons per year per machine. Last year ;both coin operated commercial laundromats jn.the City replaced all. of their old washing machines; .The program this year will focus on multi4amily units surveyed as part,of BMP1,'offering. incentives to owner s "washing machines in common areas:. 43.8 BMP 7 - Pablic ^information programs S. Definition Implements public information program to promote °water conservation and water conservation related benefits: Program should include, but is:nof limited to, providing speakers, to,employees community groups:and the media; using paid :and public service advertising;, using bill inserts;, providing information on customers' bills showing. u"se.in gallons per day for the last billing period, compared °to the, same period the year';before; providing, public information to promote water - conservation practices; and coordinating with other government agencies, industry groups, public interest groups and the media. T. Status: 1,.. Speakers:- Speakers are provided to community groups who request a water conservation presentation': 2. Web Page:.Currenf information about °the City°water conservation program, is provided to the City to consider for use on the web page. 3. Agreement with CoOnciffor Community Television:. Project management: work, with, Joe DeVito, Council for Community Television. ,Four been made;, "how to read your water meter "how to. test and fix a leaking 'toilet "how'to program an irrigation controller, and "how much to water your lawn." Two videos were taped of City sponsored seminars; "Water Budget and ET controller and "Wafer and Energy Savings in the Food Service Industry: 4 Sonoma=Marin Fair.. Agency and City staff works cooperatively to setup and staff`a.water conservation booth at the :Sonoma -Marin County: 5. Peak, reduction program: City has an extensive public; inforration outreach program . during the irrigation'season ' to assist residential reduce'Iheir;summertime peak water demand on the Petaluma Aqueduct.. Agency.staff prepares monthiynewspaper,ad's with, the number of minutes to'irrigafe landscapes. Irrigation management messages will' be ,posted on City bus signs. Cooperative Agreement for,F.unding'andiAdminist�ation of the Petaluma WatedConservation Program'Funded 2004)2005 A-6 6. Xeriscape. Educational Gardens: The Xeriscape Educational Gardens has been designed and installed-at.City Hall. The garden is located on the west -side of City: Hall, in the existing landscape planters in the int'erior�parking� area,.along the side' of City Hall near the Water- Resource,and "Conservation Department °office'and Engineering buildings. The plantings are in, keeping with outside safety and building security, water efficiency and landscape. beauty. The seven principals ofXeriscape was`the basis of the landscape plan, Xeriscape' Principals to; be the'foundation of the. Education Garden • Planning, and Design • Appropriate Plant, Selection • Practical Turf. Areas • Efficient,lrrigation • Soillmprovernents • Us.e of'Mulches • Appropriate Maintenance The third grade class from ,Grant- School planted and ,mulched the new garden at City Hall. City and Agency Staff provided in classroom modules, to the students on water conservation -and soil iyp "es as preparation and follow -up modules for the program. The City's la ndscapergu'ided the students in proper planti'ng,procedures. U. Goa I. 'Speakers Continue'to provide speakersto community'groups who request a water ® conservation presentation. 2. Web'Page; Continue to provide current information about the City water conservation program taCity staff to considerfor the^web,page. 3. Sonoma -Mann Fair Agency y . _ ' _ cy and Cit taff "will continue to work cooperatively to setup a water conservation booth at the Sonoma-Marin County 4. Peak reduction program; Continue City's',extensive public:infor.mation outreach program during the irrigation season fo'help residential tial hoeowners'reduce their- summertime peak venter demandon, the Petaluma:Aqueduct. Agency °st'aff will prepare monthly newspaper, ads with the number'of minutesto; irrigate landscapes. 5. Xeriscape Garden. City Agency staff will continue fo work cooperatively to produce the Xerisc'ape garde n'educ`ational brochure.. The City envisions the brochure to include the locations of the many demonstrati6wgardensi that: are.being, installed by the City as partlof the °Park!retrofit program�,mentioned;in BMP.5'.above A.brochure will be developed.by Agehcy;Staff to showcasethe City'design and explain'ther landscape ,design to -the public. Anew Xeriscape Gardemwill be'.installed at the Cavanaugh Center and signs will be added jo both Gardens delineating the types of plants and irrigation systems' Jn the gardens.. Residents and landscapers can then use the brochure to understand plant type and wat6hng.needs. A.3.9 6MP'8 - :School Education :Programs V. Definition Implement a school. education program to promote water conservation and water conservation related benefits. pp ce area to provide instructional as`sistan d, pnvateschools in the water Hers "serve Program should' include working with school districts and, educa nal materials, and tio su classroom presentations that identify urban, agricultural, and environmental issues and conditions in the local "watershed. Educational materials shall meet the: state education framework requirements, and grade appropriate'materials shall be distributed to grade levels K-3,4-6, 7 =8 and high school. Cooperative'Agreementfor Funding and Admiriislraton ofithe Petaluma Water Conservation Program Funded 2004/2005 A -7 W. Status The Water Education : Program is designed to, help educators teach students the "value" of water as an' important natural resource and to promote. water conservation and stewardship of our watershed: The program includes classroom instructional' presentations, field study opportunities,, teacher trainings and workshops,, free curriculum materials aligned With the California State Frameworks, a lending library of videos, interactive models and printed materials, production of a:. newsletter for teachers and endorsement participation and financial sponsorship of events, assemblies and workshops. All of ourprograrns and materials are free to teachers in the service area. 1.. Classroom Instructional Program and Field Study Program: Certain grade. levels are offered a field study expenence,and some grades a classroom instructional_ program. Each grade level lesson ;has a subject.specific'focus that'supports the newly revised (2000) California Science Standards, and is designed to be developmentally appropriate. 2. Curriculum Materials: Curriculum Materials; are available for' all grade, levels. Water Education :Program packets with order forms are distributed in September to all schools inthe service area for the teachers to request education materials. 3. Teacher-Wdikshops: During the 2003 -2004. school ,year,,six;teacher.workshops were offered with 98 "teachers participating. We. held three Project: WET (Water Education for Teachers) workshops with 56` teachers participat'ng. We also held,tw.o•Water Cycle workshops with 33 teachers attending and one Watershed Awareness Workshop with 9 teachers attending. . 4. WaterEducation Water Education Program Packets with order'forms for teachers to request materials, and presentations were distributed to all Petaluma public.and private schools.. The schools that participated Iin.the program during the 2003 -2004 school'year. were Bernard Eldredge, Cinnabar,, Corona Creek; Grant, La Tercera, Mary. ollins, McKinley, Meadow, Old : Adobe' „Penngrove; Petaluma Christian Academy, Sonoma Mountain, St. Vincent's, Valley Oaks, Valley`Vista, Wilson -, Casa�Grande H.S., Petaluma H.S. and Valley Oaks H.S,, .Approximately 1275 students (a total of 44 classrooms) requested our printed education materials. An additional 13.0 students were reached through 7 classroom instructional presentations held at Cinnabar, Bernard Eldredge, and Grant. We ?also had 179 students (6 classrooms) from Valley Vista, Corona Creek and Meadow schools participate in our field study programs. The total numbers of students reached during =the 2003 - 200.4 school year ar with education materials and direct instruction was 1'648. Petaluma ;High School also borrowed videos and a.model.from the lending, library. ,X. Goal The,Agency will continue to implement the schools education program. A.3.10 . BMP 9 - ..Conservation Programs'for Industrial, and institutional Accounts: Y. Definition Identify and rank commercial industrial; , and' institutional (CII.)r accounts according to water use:, Establish a long4erm implementation I target forthe, replacement of high- water- using toilets with ULFTs in ` CII sector. Implement;a Cll,water -use survey and customer incentive program.or achievea,water use reduction in the Cll'sectors equaling or•exceeding the Cll conservation performance: target. Z. Status Pacific Technology:sorted'.through the City records to, identify and rank,the CII accounts according to water use. 1. Commercial Toilet Replacement Program: In 1 the.City initiated is Non - Residential Toilet Replacement. Program. To,dafe, 1 toilets have been replaced. The estimated ated water savings to date 10 3.3 million gallons per year.. Applicants make their own arrangements to purchase and install, their new ultra -low -flush toilets. All toilets must be;recycled at the ; Petaluma,Recycling Center. The City pays rebates of up. to $260 for the cost of the new toilet. Z. C11 Audit and Incentive Program: The City entered into an agreement with Pacific, Technology Associates in April -2001 to provide, the strategy, documentation' and support Cooperative Agreerrienffor Funding .and'Atlministration.dfitie Petaluma Water Conservation Program- Funded 2004 /2005 A78 g necessary to create an Industrial' Water Efficiency Program. This new 'program is the foundation of the, Cit Y 's CII Audit and Incentive,Pro ram The Program provide site surveys and professional assessments to CII. customers on water use efficiency and provide'incentives•in the ,,form�of technical evaluation :and : rebates to customers for upgrading :hardware'and processes for s,ustainabl'e reduction n. water use. This: program is based on earlier work funded by the City, Agency and 'the Rose Foundation. Pacific Technology team and The.Ba Y In_stitute,of San Francisco worked on` pilot programs.at Mishi Apparel„ Inc._ andMSola Optical USA. The estimated_ water savings is 11 AFY from these two demonstration projects. 3. The City, worked with ;the.Agency's regional restaurant -water conservation program. General audits were conducted at 75 restaur -ants and food•service locations. The general audits included an inventory, of water using`fi.ktu_r&s installation of a,pre -rinse spray nozzle and.check for water leaks. The California Public Utilities Commission (CPUC) paid. $130 to,Wards;;the labor costs to'in'stall) the pre rinse nozzle with'the City contributing $50 for the. nozzle. A total °of 89 nozzles were with an estimated. savings of 5.3 m lllion gallons `per year: AA. Goal Agency and City staff will sort through ,current City records. to,identify and rank the' CII accounts according to water use. 1. Commercial' Toilet'Replacement Pro 9 rain The City and Agency will continue to promote m and:adinisterthe'City's Noh- Residential Toilet, Replacement Program to industrial, commercial, and institutional customers. 2. Cll Audit and•Incentive Program: At least three in -depth engineering resource audits will be preformed at local CII businesses. The City and Agency will conduct a Pilot Efficiency program, in the spring of 2005 to determine the feasibility of offering expanded incentives for installation of more efficient toilets, washing machines and irrigation equipment. The program may target° 10,;single familyresidents and one multi'- family unit audited as part of the BM . 1 requirements, onecommercial customer, one institutional customer audited last year and one industrial customer: The goal of the efficiency program will be to determine how the; City would implement -and `pay'for tl e;efficiency component of the conservation. program. The City is planning to work with the Agency on the second phase of the regional restaurant water, conservation program. The program will offer general audits to approximately 1.0 more restaurants.7he,gerieral.audits- will include an inventory of water using'fiixtures installation of a pre -rinse spray nozzle and check for Water leaks. The CPUC will pay�$130 towards the labor .. costs to install' the pre' -rinse nozzle and the City will continue to pay$50 for the nozzle. A ifl BMP''10 - Wholesale Agency Assisfance Program BB : finition ,,(Wholesale..;Water Providers Only) Provide firiancial,ia_ "ssistance and technical supportfor cost effective BMPs. CC'. Status Programs under this are performed Agency under °the Agency's Water Conservation Program DD.' City has.no future plans to wholesale water. A.3 .12" BMP 11 Conse'nration `Pric'iing EE. Definition Conservation pricing provides'incentives,to customers to reduce average or peak Use or both. Such pricing includes: rate&designed to recove '.the cost of providing service; and billing for water and sewer,service based on metered water use. FF. Status At the present °time residential customers are charged a tiered rate for water use, based on .metered; water use. Wastewater service charges; for., residential customers are based on average wintertime water usage. Commercial accounts are charged for both water Cooperative Agreement for Funding and Administration'o ( the'Petaluma Water Conservation Program- Funded :2004 /2005 A-9 ,; p The .City is i . g g and.sewer based upon actual consumption, with the sewer rate dependent on t of he type effluent going to. the wastewater treatment. plant. y " nveIsti atin the possibility of billing ;on a monthly cycle instead of the present bi- monthly cycle. GG.' ,, City will continue implementation of tiered rates as planned through Resolution No. 2002 -191 N.C.S_. A.3.43 BMP 12 Conservation'Coordinator HH. Definition Designation of a water conservation' coordinator and support staff - Whose duties include, the following: • Coordination and oversight of conservation programs and BMP implementation; v Preparation and submittal of the Council .BMP . implementation report; Communication .and promotion of water conservation. issues to: agency. senior management; coordination, of agency conservation programs with operations ands planning staff; preparation of annual,conservation budget; participation' in the Council, including regular attendance at Council meetings; and preparation of the conservation elemenfs of the agency's, Urban \ At. ater Management Plan: II. Status The City currently contracts with .the Agency to perform most of the responsibilities of the:'water conservation coordinator position.' ,Q. Goal The City will continue to contract with the Agency and provide City staff'to fill the water conservation coordinator position responsibility. The City may add, an. Intern to assist.the Agency, provided coordinator. A.3.:14 BMP 13. Water Waste Prohibition KK. D'efinition 'Implementation methods shall be enacting and enforcing measures prohibiting all new conveyer car wash and commercial I ections, "non- recirculaton. systems in gutter - flooding, single ass, cooling. s stems n new conn aundry systems, and•non- recycling "decorative . water fountains. Signatories alSo'support efforts to develop state law regarding exchange- type'water softeners. Signatories :shall also iinclude water softener'checks in home water audit programs and . include information about efficient°water+ softeners to encourage replacement of less efficient. LL. Status The City adopted a Water Waste Reduction Ordinance,on May7, 2001. "City staff developed and are using an ''Oops tag" (door hanger) to notify water customers that, water waste is occurring. on their property and informs of the wafer waste prohibition ordinance Citystaff'is enforcing the water,waste,ordinance when repeated reports of. water waste and gutter flooding are received. MM. Goa l: City staff will continue to enforce the water, waste ordinance. Based on information gathered from the BMP 1 surveys on'water softeners, the. City and Agency will; decide on fur =ther actions;. required., The City and Agency will. review the City's landscape, ordinance for new development' and recommend changes. A.3.15` BMP 14: - Residential. Toilet Replacement' Prograrrm NN. Definition Implement:.programs for'replaci,ng-existing high- water- usina'toilets with ultra -low- flush (1. 6 gallons or less) toilets in single- family and multi- family,residences. Programs shall beat least as effective as requiring toilet replacement at time of resale, 00. ' Status : The City's Residential Toilet Replacement, Program goal is to replace enough gravity flush toilets in residential dwellings to.achieve a cumulative savin. gs of 918 AF b y FY 2011/201,2. This goal .i's. based,, on the Coverage Calculator provided by the,CU.WCC'. To date, the'prograrn replacements through FY1003/2004 is estimated to save. a cumulative 455 AF through 2012. CooperabveAgreement for Funding and Administration of the Petaluma Water Conservation Prograrrt- Funded 2004 /2005 A 1.0 PP. Goal The City's.2002 /03 Toilet Rebate Program will remain 'at a $100 rebate per: toilet for participants who purchase and install their own fixtures All,old toilets will be recycled at the Petaluma Recycling Center through 'the, Old.Adobe pevelopme6i Services, which is compensated with a $2. donation per toilet,recycled. Agency and` Citystaff`will market the program through cooperative advertising with local plumbing supply. stores. n. ATTACHMENT B WORDING. FOR CITY'S CONTRACTOR(S) INDEMNIFICATION Contractor agrees to accept all responsibility for loss or `damage to any person or entity, and to defend, indemnify, hold harmless and release Citypf Petalurrfa and Sonoma County Water'Agency, their officers, agents, and employees, from and any and all actions, claims, damages, liabilities, or expenses that may be asserted by any person or'entity, including Contractor; arising out of or in connection with the performance of Contractor, hereunder, whether or not there is , concurrent negligence on the part of City of Petaluma or Sonoma County Water Agency, but excluding liability due to the sole active negligence or sole willful misconduct of City 'of Petaluma or Sonoma Sonoma County Water Agency'. This indemnification obligation is not limited in any way by any limitation on:the amount or type of damages or compensation payable to 'or for Contractor'or its agents underr Workers "Compensation acts, disability benefit acts, or other employee benefit acts. INSURANCE The Contractor shall obtain insurance acceptable to City of Petalum'a Sonoma County Water Agency from a company or companies; acceptable to the City of Petalurna.'and Sonoma. County Water Agency. The required documentation of such insurance shall. be 'furnished to the City at the time Contractor returns the executed contract.. The proper: insurance shall b'e; provided within ten (10) calendar days after the bidder.has received 'the notice that the contract has been awarded and prior to the City executing the contract and issuing �a notice to proceed, The ContractorGshall' not�commence work.nor shall he allow his employees or subcontractors or anyone to commence work until all! insurance required hereunder has been submitted approved and a notice to proceed has been. issued: With respect to performance:of.work under this contract, "Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below: A. Workers' Compensation Insurance with statutory limits as;re.quired by the Labor Code of the State of California. Said;'policy'-shall be endorsed with the following specific language: This pohcy;shall not be canceled'.or materially changed without first giving thirty (30) days prior written' notice to the City of Petaluma and Sonoma County Water Agency. B. Commercial General Liability Insurance covering bodily injury and property, damage utilizing an - occurrence policy form, in an amount no less *an 51,000,000- combined single limit for each occurrence. Said, commercial general liability insurance policy shall either be endorsed with the following specific language or contain equivalent language in the policy: Cit y A gency, , their officers, agents, and 7: The. Cit of .Petaluma and Sonoma Count Water A employees, a m re named as additional insured for all liability, arising out of the operations by or on " of the named insured in the performance of this contract. 2. The inclusion rof more than one insured shall not operate' to impair the rights of one insured - against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the 'inclusion of more than one insured shall not operate to increase the limits of the company:s,liability. 3. The insurance provided herein is primary coverage to the City of 'Petaluma and Sonoma County Water Agency with respect to any -insurance or self- insurance programs . maintained by the City`of Petaluma or Sonoma County Water Agency. Cooperative Agreement for Funding and Admnistration of the Petaluma Water Conservation Program- Funded 2002/2003 B -1 4. This policy, shall, not be canceled or materially changed without, first; giving _thirty (30) days prior written notice to the City of Petaluma and' Sonoma County Water Agency. C. Automobile Liability,lnsurance covering bodily injury and property damage in an amount no less than $1,000 combined' single limit for each occurrence. Said :insurance shall include coverage for ,owned, hired, and non -owned vehicles. Said policy shall be !endorsed with -the_ following language: This. policy shall not be ,canceled or materially changed without first givirig thirty '(3Q) days prior written notice to the. City Petaluma and Sonoma County Water Agency.. H • Cooperative Agreement for Funding and Aoministration of the Petaluma.Waler Conservation,Progrartr Funded 2002/2003 B-2