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HomeMy WebLinkAboutStaff Report 03/12/2001 (15)CITY OF PETALUMA, CALIFORNIA T. AGENDA BILL 2enda Title: WATER CONSERVATION PROGRAM 1).Resolution approving a professional services agreement for the "Residential Toilet Replacement Program: Recycling of Old Toilets" with Old Adobe Developmental Services, Inc., B) Resolution approving a professional services agreement for furnishing materials and services for the Landscape Water Audit Project with Cagwin & Dorward, C) Resolution approving a professional services agreement for furnishing materials and servcies for the Landscape and Irrigation System Inventory Bond Park GIS.Prototype with Dendron Landscape Management Consultants, D) Resolution approving a professional services agreement for furnishing materials and services for promoting the Petaluma Water Conservation Program with The Walker Group, E) Resolution approving;a professional services agreement for furnishing materials and services for the Industrial Water Efficiency Program with Pacific Technology Associates M MR Meeting Dal@ March 5, 2001 DeDartment:ater Director: Contact Person: Phone Number: Resources& CoWnservation J oI a S. Har Is Steve Simmons/Lynn 778-4392 (Q �s Hulme 778-4507 Cost of Proaosal: v Account Number: $80,400 601-400-9931-7104426,400; Sonoma County Water AmountBudizeted: $80,400 Agency Amendment #10 Funds - $54,000 Name of Fund: Water Conservation Capital •� Improvement Project #9931 1.A ttachments to ALyenda Packet Itetru Reference Documents: 1) Petaluma Resolution No. 00-119 N.C.S. of the City of Petaluma. California. Authorizing Appropriation using revenue from the Sonoma County Water Agency For the City of Petaluma Water Conservation Program for 2000/2001, 2) "Cooperative Agreement for Funding and Administration of the Petaluma Water Conservation Program for 2000/0 l" with the Sonoma County Water Agency. Action Documents: Resolutions approving the following professional services agreements: A) "Residential Toilet Replacement Program: Recycling of Old Toilets' with Old Adobe Developmental Services. Inc., B) Landscape. Water Audit Project with Cagwin & Dorward, C) Landscape and Irrigation System Inventory Bond Park GIS Prototype with-Dendron Landscape Management, Consultants, D)'Promoting the Petaluma Water Conservation Program with The Walker Group, E) Industrial Water Efficiency Program with Pacific Technology Associates Summary Statement: The City of Petaluma Water' Conservation Program for FY 2000/01 includes development and implementation of various water conservation measures that will reduce the amount of water used by the customers ofPetaluma's Water Utility Systems, as well asreduce the amount of water discharged to Petaluma's Wastewater Treatment and Disposal System. The professional services agreements listed above are needed to implement various programs outline in the City of Petaluma Water Conservation Program for FY 2000/01. Council Prioritv: THIS AGENDA ITEbt IS CONSIDERED TO BE PART OF, OR NECESSARY TO, ONE OR MORE OF THE 1999-2000'PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999 AND MARCH 18, 2000. Priority(s): Water Conservation Supply Issues Recommended City Council Action/Sulreested Motion: Adopt Resolutions listed above. Ieviewed by 154nance Director: Reviewed by City Attornev: ADDroved by City Manager: Datlot e/yC% Todav's Date: January 26, 2001 Revision # af"alib Revised: File Covli c: 0 CITY OF PETALUMA, CALIFORNIA •MARCH J; 2001, 1 AGENDA REPORT FOR WATER CONSERVATION PROGRAM A) RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR THE "RESIDENTIAL'TOILET,REPLACEMENT PROGRAM:'.RECYCLING OF OLD TOILETS" WITH OLD "OBE DEVEEOPMENTAL SERVICES, INC., B) RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING MATERIALS AND SERVICES FOR THE LANDSCAPE WATER AUDIT PROJECT WITH CAGWIN & DORWARD, C) RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING MATERIALS ANDSERVCIES FOR --,THE, LANDSCAPE AND IRRIGATION SYSTEM INVENTORY BOND PARK_GIS PROTOTYPE WITH DENDRON LANDSCAPE_ MANAGEMENT CONSULTANTS, D) RESOLUTION APPROVING.A>PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING MATERIALS AND SERVCIES.FOR PROMOTING THUPETALUMA WATER CONSERVATION PROGRAM WITH THE WALKER GROUP E) RESOLUTION AP,PROVIWIG 'A_PROFESSIONAL ,SERVICES, AGREEMENT FOR FURNISHING MATERIALS AND'SERVCIES FOXINDUSTRIAL'WATER EFFICIENCY PROGRAM DEVELOPMENT WITH'PACIFIC TECHNOLOGY ASSOCIATES EXECUTIVE,SUbIMARN': The City of Petaluma,Water Conservation Program for FY 2000/91 includes development and implementation of various water conservation measures that will reduce the amount of"Water ised by the customers of Petaluma's Water Utility. Systems, as well as reduce the amount of water"discharged to Petaluma's Wastewater Treatment and Disposal System. The professional services aagreenrents listed above are needed to implement various programs, outline in the City of Petaluma -Water Conservation Program for FY 2000/04. BACKGROUND: The City of-Petaluma's 2000/01 Water Conservation Program was approved by Petaluma City Council on July 17, 2000 and includes: 1. Residential'anaNon-Residential Toilet ReplacementProgram 2. Residential -Water Management Program 1. Non -Residential Landscape Water Audivand Incentive Program, 4. Landscape Water, Efficiency Standards"and.Water—Waste Reduction Ordinance 5. Commercial/Industrial Water Survey and.Incentive Program . An estimated $2,73003)"of funding..will be available from 1998 through,20094c, the City of Petaluma (City) for water conservation,measures and.water reuse programs. These funds are identified in Petaluma's portion of the Sonoma Counfy~W.ater Agency's Draft Water Conservation Plan with the goal to reduce water demands on the transmission system. SCWA staff will be, working closely with City to administer the water conservation programs. The goal of the Petaluma WaterConservation Program is to reduce water use by 1,000 acre-feet per year by the yea-e 201 �. Waier-saeings will be monitored using City of Petaluma Water customers' consumption records. Current and historic water consumption records may be available to us for analyzing this calendar year. We are planning, to, introduce landscape efficiency standards for newdeveiopmems,, and modifications to the. water waste,reduction and water shortage emergency sections of the City of Petaluma Municipal Codie,ata Petaluma Council-Meeiing in the spring. A) $4,OOO Budget,- As part of the Residential Toilet Replacement Program, all.old toilets must be recycled to receive the $1OO,rebate. The recycling of -older toilets,into roadbase will insure that these toilets will not -be reinstalled fonusage. Old Adobe Developmental Serviies, Inc. through their affiliate, the Petaluma Recycling Center, located at 315 "2 d" Street,-Petauuma; will accepY,old toilets for recycling purposes. The City of Petaluma will compensate Old Adobe Developmental Services based on two dollars ($2.00)'per toilet. This year's program goal; is to replace 1,000 residential toilets. So'"far this year 1 DO high flowwtoilets have been replaced. B) $1 M00 Budeet - As part, of the Landscape Water Audit and Incentive Program„ landscape water audits will.be performed atup to 14 city -owned parks,l_ocated.orrthe east -side of Petaluma. Landscape water audits include an inventory of sprinklersson each valveicircWt and catch -can tests;to determine the precipitation rates and distribution uniformity of the sprinklers. The catch can volumes are measured, recorded and entered. into software developed by the hrigation and Traimng�Research Center of Cal Poly. Reports will be prepared for the City; of Petaluma with a proposed irrigation schedule for turf areas;, based on Petaluma evapotranspiration (ET). Irrigation/c"ontroller sketches are provided that identify the location of the sprinklers on each valve, their respective precipitationrates and distribution uniformity. Cagwm & Dorward landscape contractors will be performing landscape water audits, sketching. irrigation controller -maps, diagnosing and recommending ways to improve both the,technical performance and'the,management of the irrigation systems. C) $10.000 Budget : This pilot project is to create a Geographic Information. System (GIS)`prototype to map and inventoryall components of the City's parks. While its primary purpose is to identify, all factors that -affect Water use•atBond Park and -to gather pertinent technical data, the -project has been expanded to include other.park features such as lighting; paving, benches, and, other park features. The intent of the prototype is to "determine park features to be mapped and inventoried -to improve irrigation management efficiency;: provide staff training -on how to inventory the -landscape, create computer programs for capturing field data, and to develop methodologies for analyzing and updating park data. The finalreport-will include a copy of the.ArcView project file to use with the.City of Petaluma Information System's master GIS, computer data f les, digital maps and.recommendation for inventorying additional parks and keeping the inventories updated'. D) $6.400 Budeet - Waterconservation messages will be printed on -tee shirts;,plastic bags and bus signs'to promote the Petaluma Water Conservation Program. We will print 250-tee shirts -that will be worn by P.etahtma's conservation staff and Petaluma consultants working with the community on water conservation.prcjects. Some tee shirts will.be givenawayat the Sonoma-Marin Fair and other Petaluma - events to promote water conservation and watevawareness. Three thou"sand.plastic bags (12" x_15") will;be printed with.a water conservation`message on them. The bags will he used to hold water conservation literature and fixtures that are given away to Petaluma water customers. We will also be • purchasing 6 water conservation bus signs' to post on City of Petaluma buses: E) $50.000 Budget -This project will provide thestrategy..documentation. and.support necessary to,create an htdustrial Water Efficiency Program for -the City of', Petaluma. This builds upon earlier work funded by the City of Petaluma, Sonoma County'Water Agency, and the Rose Foundation,that.provided an initial survey of lessons learned from. similar programs elsewhere, an.evaluation of program benefits and costs, and two demonstration projects. The latter successfully demonstrated the,ability to evoke efficiency improvements from industrial partners by means of performance -based public financial .� incentives. The primary objective is to -improve the�efficiency of water use within the City's Commercial; Industrial, and InstitutionalX11) sector afless cost to the public than supplying water and wastewater services. Achieving.this objective insignif ,cant. fashion requires,uncoyering and addressing critical implementation issues. While some o£tliese issues are alreadylnown, others have yet to be identified. This prcjecttherefore includes" procedures'for`identifying critical issues so they may be�addressed in the program design. The design,of a,water efficiency program is fundamentally different from'the traditional utility programs that address new public works infrastructure, for non -technical issues are the most important. One works with users to reduce demand; the other attends toraccommodating whatever new demand appears. Accordingly, this project refers°to social systems theory to:design;a demand management program that will deliver superior -results. ALTERNATIVES: - A) Require that the Residential Toilet`Replacernent Program participants pay for recycling their old high water -using toilets. Not,require that the,participants recycle their old toilets. B) Include the smaller City of Petaluma parks (less than 3 acres of turf area). in this Landscape Water Audit Project and increase the budget and staff time to administer,the project. These smaller parks will.have less water savings potential. Defer the Landscape Water Audit Project to a later time. C) Include,additional parks in'the pilot.GIS�prototype project and increase the budget and staff time to �! administer the project. Defer the pilotGIS prototype project to another time. D) Promote the water conservation°program through other methods 'such as: billboard advertising, door-to- door canvassing, newspaper advertisements,, and streaming video,clips ron the Internet. E) Wait to,prepare the strategy, documentation, and support'necessary to create an Industrial Water Efficiency Program until another- program year. Wait for grant funding before developing the program. FINANCIAL IMPACTS: The source"of funds for the City"of Petaluma,Water'Conservation Program is: Water Conservation Capital Improvement Project_49931 funded from: Water Utility Revenues,from SCWA_ amendment-910:-funds 601-400-9931. 7f04 $26,400 Wastewater Revenues 602-400-9931-7104 $54,000 CONCLUSION: The City of Petaluma,'shoul'd continue to implementwater conservation programs in order to become a more sustainable commun y,.preserve and protect existing water resources, improve the likelihood that additional water resources will be available in the future:and to help defer capital costs for the expansion of City water facilities. OUTCOMES OR PERFORMANCE NIEASUREDIENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: A) Recycle the china portion of the high water-usinv,foilets, from the City of Petaluma Residential Toilet Replacement program. B) Complete up to 14 landscape water audits at City of Petaluma parks located on.the east side of Petaluma. . J C) Complete the pilot CIS landscape auditat-Bond Park. D) Design and print tee shirts, plastic bagstand bus signs•with.water conservation messages on them. E) Create an Industrial Water Efficiency- Program for -the City of Petaluma. RECOMMENDATION: A) Adopt The Resolution Approving A.Professional Services Agreement For The "Residential Toilet Replacement Program: Recycling:Of Old Toilets" With Old Adobe Developmental Services, Inc.: B) Adopt The Resolution' Approving A Professional Services Agreement For FLunishing Materials And Services For The Landscape Water Audit Project With Cagwin & Dorward, C) Adopt The Resolution Approving A Professional Services.Agreement For,Furnishiilg Materials And .Serveies For The�Landscape And Irrigation.System Inventory.Bond Park GIS Prototvpe With Dendron Landscape Management_Gonsultants, D). Adopt -The Resolution Approving A Professional'6ervices Agreement For, Furnishing, Materials And Servcces For Promoting The Petaluma Water Conservation.P.ro-ram With The Walker Group. E) Adopf The Resolution Approving A Professional':Services Agreement For 'Furnishing,Materials And Services For The Industrial Water Efficiency Program With Pacific Technology Associates 0 Resolution No. oo-1i9 N.C.S. of the City of Petaluma, California 4 5 AUTHORIZING. APPROPRIATION USING REVENUE FROM THE 6 SONOMA COUNTY WATER AGENCY 7 FOR THE CITY OF PETALUMA WATER CONSERVATION PROGRAM 8 FOR 2000/2001 9 10 WHEREAS, the Petaluma City Council authorized the city Manager to enter into a cooperative 11 agreement for funding and administration of the Petaluma Water Conservation Program for 12 2000/01 with Sonoma County Water Agency; and 13 14 WHEREAS, the City of Petaluma will receive S230,000 in revenue from the Sonoma County 15 Water Agency under the terms of this agreement to implement programs designed to conserve 16 water; and 17 " NOW, THEREFORE, BE IT RESOLVED the Petaluma City Council authorizes the i • appropriation of $230,000, which will be funded by the Sonoma County Water Agency for the 20 City of Petaluma water conservation program for 2000/2001. 21 22 23 24 S/WR&C/AGENDA/YR 200/ SCWA - CONSERVATION PROGRSNI 7-17-00/SB Underthepower and authority conferred upon this Coiinciblev therCharter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (AH;aiXriieB$:{3,�EMaiiC meeting form on the ......... day of .............. TL1 ............... y the ; following vote: h'a,� .. City Attorney AYES: Healy, Mayor 'S : None Cader-Thompson, Keller, Maguire, Hamilton, Vice Mayor Torliatt Thompson ABSENT: N�o/n�}.e ' ATTEST. .......f..c,... _....... .... .......... City Clezk .� (A 10. Mn Nrs fiu. j........... `.............................--- Mayor 0 0 0 11 9 01 �' mgG IW1locnwlagremnts,pug,nf-wc-watedroerwc progWo lna ao: S+ers,on 5.'SI00251 P1d \ Cooperative Agreement -/ for'F,unding And Administirationkof-the Petaluma Water Conservation Program for2000101 TN! 99/00-1 oP This agreement is,between('the Sonoma County Water Agency, a body corporate andrpolitic of the State of California (hereinafter"Agency"), and City of Petaluma ('hereinafter"City•',•). RECITALS A The City and Agency share the goal of 11 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.associatedxenvironmental,'impacts• and meet criteria and standards of state and federal'reouiatoryagencies B AmendmentNo 10-to the'Agreement',for`WateF"Supoly and Constr'uction:of the Ru'sstan.River-Cotati Intertie Project approved by,the Agency's Bcard of Directors 'Resolution.97-.11.28Lon Auoust 25. 1997, authorizes the Agency to implement and fund water conservation measures that are cost effective and will reduce water demands on the transmissiomsystem. C Agency and. City have, cooperated to impler ienUa Water Conservation Programr,for the, past 3 Years; which consists of specific programs to`improvetwater efficiency- The City desires the Agency's continued assistance in developing and/or implementing specific' programs within City Water Conservation Prodram as described �. in Attachment B. D. The City is requesting,a total of S389,000'for program funding. E. Funding for this program is available from ;allocation in, the Agency's category of "Water Conservation Program;' Sub -object 7247,'(Account No. 675108) withimthe Agency's 2000/01' budget. F. Agency and City do mutually desire to cooperate in the implementation and:financing of said'Program. AGREEMENT The City and,Agency agree as follows: RECITALS All of"the above recitals are true and,correct_ 2. DEFINITIONS For the purposes of this agreement-the,following 'terms and defmitionsshall be used. Contractor - Contractor hired by City, to perform installation of equipment and red "Pa ycling forrticipants or applicable Iprog ams, fund raising activities, and/or marketing to Program:Participants;and/er applicable staff.. Particioants - City. of Petaluma wateror'wastewater customers who quality under the'terms,and conditions of.each individual program as described iwAttachment B'. CWt,erawe Agreement for Fuming ana Aamin,siranon of the PetaWma wafer Consanatton Program for 2000/01 Program - For the purposes of this agreement"Proeram" shall refer collectively to the Water Conservation programs described in Attachment B and related activities the City and Agency have agreed to perform in cooperation Prooram Administrator - Agency sta?fi assigned to implement Prooram and perform Agency's responsibilities COORDINATION City;"shall;coordinate.all work with Acency's'Proc,_am Administrator, Lynn Hulme, Water Conservation Specialist. (Phone 707-54.7-1918, Fax. 707-52.4-3782) or.assigned.perscnnei. City contact is Tliorl Hargis, Director of Water Resources and Conservation (Phone: 707-778-4304, Fax 707-778-4437) or assigneo personnel. I 4: CITY'S RESPONSIBILITIES City shall complete, the City's Water Conservation Proerm.at its cost and expense,except to the extent of Algal services provided for in Section 5'and Agency funding' provided for in Section 6 below In so doing A City shall provide Agency's Program Administrator with requested policy and/or direction during Program B. City shall provide an ergonomically correct work space for use as a program office by the Program Administrator able to accommodate two people at any given time,; including ,desks, dedicated telephones with "Hotline" at 707-778-4507 and capabilities for four message/announcement mailboxes, ana chairs i C City shallprovide meeting facilities for. any necessary meetings relating to Program. .I D. City shall provide Program Administrator, with a;current mailing list', including names and addresses, for resiaentiaLwater customers with surnmer,and'winter wateruse amounts t E. City shall provide Program Administrator with a. current mailing list, including names and addresses, for ncn-residential water customers, j f F. City, shall •_select and hire Contractors required by Program, based jon Program -Administrators 'recommendations. G City shall,pay invoices submitted by Contractors and approved' by Prograirn Administrator I H. City shall require its'Contractors to insure and indemnify the Agency using the language identified in Attachment A as. the language for Agency insurance and indemnification requirements in the', request for proposal, package and shall:provitle:evidence _ of such insurance and indemnification to Agency ifi a form satisfactory to Agency I. City, shall select, based on Agency recommendations, all fixtures included in Program. J. City shall maintain complete and accurate records ofiall.transactions in compliance with generally accepted accounting principles for enterprise accounting as promulgated by the American Institute of Certified Public Accountants and the Governmental -Accounting Standards Board. Such recordsshall be available,to'the Agency at all reasonable times for inspection and analysis. K. City shall, within 60 days of: completion of the Program as described herein or termination as provided for in Section 10 :submit to Agency complete statement of costs.accounting,for all City's.Programs costs. L. City shalltpay all applicable rebates/incentives to Program Participants, as qualified and submitted by Agency M. City shall provide at least one (1) staff_ merl with knowledge of City water accounts to work Special Event Fund Raising for twof8-hour weekeno.days. I C000eratne Agraamenl for,Funi and A mimsiraion of Ina Petaluma Water Conservation Fromam for 2000MI N. City shalkmeet with Program Administrator and'.Agency staff to discuss"City's opals and objectives for the following, programs • Residential Irrigation:MarSidement. • Low Water, Us= Landscabe:Ordinance. O City shall work with Agency to create' Water Conservation "Web page and shall post information supplied'.by Agency and update web page,as necessary P. City shall copy and insert two water conservation flyers, provided by Agency, into water customer's bills Q City shall invoice the.Adency forcosts authorized 'under this, agreement. All invoice's submitted to Agency by City shall be clearly marked with "City of Petaluma, Funding of 2000/01 Water Conservation Program, Project/Task"No 3599-9 and Account No. 675108-7247." 5. AGENCY'S RESPONSIBILITIES A Agency will provide general, Program management consisting+of the following • Assign' Project Administrator to coordinate, document, and report on the overall administration and follow-up of the Program • Provide staff to respond to incoming calls from the "Hotline," established under Section 4, item B, as needed, for the'duration of this agreement. • Prepare overall marketing schedule'for the Program • Review, verify, and forward to City payment requests ,from Contractors and Participants requesting rebates/incentives • Monitor and track'.work prcgress.and:Program costs. • Prepare monthly -reports summarizing status of all aspects of P.rogrami and submit to City and Agency s General Manager/Chie.f'Engineer. • Work with City to create Water Conservation Web page and'provide City with updated information for posting to website. • Coordinate Public Service.Announcement (PSA) video marketing campaign. • Design and provide 2!,camera-ready water conservatiom,fiyers. • Design and'coordinate'sions for City buses to market'the toilet and irngatiorrprogra'ms. B. Agency will provide the following services for the Non'Resldential Toilet Replacement Program, described in Attachment B: • Mail•uo to 1,000l1brochure/applications'to commercial, industrial water customers • Run two %± page'ads in,the local newspapers, promoting the Nan -Residential Toilet Replacement' Program. • Process Application, forms. C. Agency will provide the following services for the:Rescential Toilet Replacement Program, described in Attachment B' Provide draft "Request for, Proposal" and sample scope of work: for Special Event Fund Raising Contractor, described in Attachment B • Contact potential non-profit partners and coordinate fundrfaising events. Provide atleast 2,staff to work at the Special Event Fund.'Raising weekend days. • Contact anidtmarket the Rebate Program with;.local plumbing supply stores. _ • Run two, Y<- page ad in,the local newspapers promoting the Residential Toilet Replacement Program: �i Process Application forms. • Design, print; and distribute marketing materials for the Rebate Program C0000ratne Agreetn i for Funding am AemmRtrauon of, the Pefalo a Wafer Conservaaon Program for 2(=M1 3 D Agency will provide the following services for the Residential Water Manaeement, described in Attachment B • Coordinate the public information outreach, personal contact and: pilot ET Satellite controller components • Prepare,and Publish monthly irrigation information in two'local newspapers • Instruct residents in landscape water management • Purchase landscape water conservation tools i • Prepare draft scope of work for professional services agreementcneeded to hire' contractors for the Pilot ET Satellite Controller and Residential Water Surveys. Agency will provide the following services for -the Landscape Water Audit,and Irrigation Incentive Program, descriced in AftachmeneB • Up to 20landscape water audits at qualified non-residential' water customers:faaiines • Disseminate ET;data to Petaluma's landscape irrigation professionals. • Coordinate up to 4 Water Management training for City Parks staff- and local landscape' contractors. • Design and purchase 2 "Sprinkler Test" signs I • Prepare, monthly reviews that compare, water, use to ET for City parks • Purchase software and Internet access necessary to administer the irrigation programs.. • Expand; market and administer the Irrigation Incentive Program i F Agency will provide the following services for the Landscape Water Conservation .Ordinance, described in Attachment B: • Meet with.City staff and based on those meetings will review and develop options for a revised Landscape: Water Conservation Ordinance. G Agency will' provide program' development' assistance for the City's lCommercial/Industrial Water Survey and Incentives Program to City consultant, Bay' Institute of San Francisco, and program participants 6. FUNDING A. Upon execution:of;this agreement receiot of an invoice thereof and receipt ofrevidence of'insurance and indemnification from the City's'Contractors, Agency will deposit withrCity $230,000, which is to finance;a.pertJon of the following costs: Special Event contractor's and Direct -install contractor's labor and,lmaieri_als for Residential and Non -Residential Toilet Replacement Program. • Irrigation Incentive and Toilet Replacement rebates. • Internet and telephone charges for Water Conservation I telephone including four messagelannouncerrient mailboxes. • Newspaper ads„ Citybus signs, PSA videos, and marketing campaigns • Contract services for marketing and administration B. Agency will.also provide;up to'$159,OOQ for Program administration consisting' of Agency staff time and material, costs. I C. Agency's maximum obligation under this agreement shall not,exceed $389.000 7. ADDITIONAL REQUIREMENTS A. Aaency will notify Cityin writing when.Program management, costs reach 5135,150, which is 85% of Agency's budget for'Program rfianagement as provided'for in'.Section 6, item B 1 C000e t. Agreement for Ponomg aM Aam neeraeon of ine Petaluma water conservation Program for 20tx1101 I 4 0 B Agency will also notify City in writing, when 'costs for City's Contractors and rebate payments have reached $195,500, which is 85% of Agency's budget for costs as described and provided' for in Section 5, item A C Once Agency has notified City:. City 'shall advise Agency in writing within 30 calendar days of its .j desire to do one of the following' 1)-end,the 2000i0,1 Program when 100% cf Agency funding is,depleted, or 2) fund'1000/0 of additional Program costs to continue with' the,2000101 Program without.acditional funding from Agency: or 3) request additional' funding from Agency. In such event, City shall submit a revised budoet estimate to Agency's General Manager/Chief Engineer with a written request, including reasons for cost overruns If Agency's General Manager/Chief Engineer determines,fhat.the additional costs are reasonable and that additional funds' are available in Agency's 'Water Conservation Program, Agency's General Manager/Chief"Engineer may, in his discretion,: execute an amendment: to this agreement to increase' Agency's contribution to Program costs, by an 'additional amount not to exceed $25.000.00 Notwithstanding this authority, Agency is under no oblioation to approve such requests D. General Manaoef/Chief Enoineer's _AuthorityThe Agency's General Manager/Chief Engineer is authorized to execute arnendments.that cumulatively do not exceed $25,000, pursuant to paragraphs 7 C 3 above. E. Refund of Remaininq Funds. If the Program cost accounting statement submitted under paragraph 4 K of this agreement demonstrates that Program costs are less than the amounts paid to City, City shall refund difference to Agency within, 30;days of submitting said'statement to Agency. F No Waiver o Breach' The waiver, by Agency of any breach of any term or promise contained in this agreement,stiall not be deemed to'be,a;waiver of such'term,or provision or any subsequent breach of the same or any other term or promise'contamed'in this agreement. G Construction: To the fullest extent.allowed by law,lthe.provisions of this agreement shall be construed and given effect in manner that :avoids any violation of statute, ordinance, regulation, or law. The parties -covenant and agree that in'the:event that any provision of this agreement is.,held by a court of competent jurisdiction to be invalid, void, or unenforceable, Rhe remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby City and Agency acknowledge that -they have.each contributed,to'the making of thisagreement and that, in the event of a dispute over the interpretation of this, agreement, the language of'the agreement will not be construed against one party in favor -of the other. Cityand,Agency acknowledge that they have each had an .adequate opportunity to consult°with counsel_, in the negotiation and preparation of this agreement. H. No Third-Partv'Beneficiaries: Nothing contained in this agreement shall be constfued.to.create and the parties do:not 'intend to create.any rights in third parties. I. ADDlicable. Law' and Forum: This agreement shall be construed and interpreted 'according to the. substantive Saw of California excluding the law of conflicts. Any •action to enforce the terms of this agreement or for the breach thereof shall'be brought and tried in the County'of Sonoma. J. Caotions: 'The captions in this agreement are, solely for convenience of reference. They are not a part of this agreement and shall have no effect on_its construction, orinterpretatfon. K. Merger.- This writing is intended both as"the final expression:.of the agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the agreement, pursuant to Code of Civil,Procedure Section 1855- No modification of%this agreement shall be effective -unless and until such modification is evidenced bya writing signed by both'parties. L. Time of Essence Time is.and shall be of the essence of this agreement and every provision hereof Cootie a me Agreement for Funomg and Aom,mSVaLon of in. Petamma Water Conservation Program for 2D=01 5 S. MUTUAL INDEMNIFICATION Each part' shall indemnify, defend, protect, hold.harmless, and release the other, its officers, @cents, and employees, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs, or expense (including attorneys' roes and witness costs) arising -from or, in connection with, or. caused by any act, omission, or negligence of such indemnifying party This indemnification obligation shall not be: limited in an way by any 'limitation on the amount or type of damages or compensation payable to.or for the indemnifying party under workers' Compensation acts, disability benefit acts, or other employee benefit acts 9 TERM OF AGREEMENT The'term of this agreement shall beoneryear from the date of the sianed.agre.�ment, unless terminated earlier in accordance with the terms herein. I ' 10. TERMINATION -OF AGREEMENT i This agreement'may be canceled upon thirty (30) days written notice by either party._ / / / ! / ! / Cooceraove Agreemam for Funortip aria Aaminisvavun cf Ana Pereluma,WaIer Gansarvauon Progam for 2000101 6 11 IN WITNESS WHEREOF, the parties hereto have executed :this agreement,as set forth below Reviewed as to substance by City. Reviewed as to:subs,ance by Agency. Department Head DepartmentNead Reviewed as to funds by City Reviewed as,to funds by Agency Finance Director ivision Manager- Administrative Services Reviewe8.as to form,bv City Attorney City Attorney Approved as to form. City's Risk Man �I. CITY OF PALUMA By c 61y- Hager Date. �1, G._. o2ohr` U 0 ' Attest: City Clerk U Reviewedas-to m by Co my Counsel: County:Counsel SONOMA COUNTY WATER AGENCY. By Chair, Board /o/j Directors Date:.. Attest: County Clerk and ex-officio Clerk,of the Board of Directors Coocerawe ggreemem for Fumm, and A rmmatrauon of the Petawma water Conser,anan Program for 20MM1 7 ATTACHMENT A WORDING FOR DIRECT -INSTALL CONTRACTOR • I. INDEMNIFICATION Contractor agrees to. accent all responsibility for loss or damage to any person or'entity., and to defend, ndemnify, hold' harmless and release the City of Petaluma and the Sonoma County Water .9gency'. ,their agents and employees, from, and against any and all actions, claims, damages„ or disabilities; that may be asserted by'!any person or entity, including:Contractor, arising out of or in connectionmith.the performance of Contractor hereunder, whether or not there is concurrent negligence on the part of. City of, Petaluma or Sonoma, County, Water Agency, but ,excluding liability due to the sole active 'negligence- or, sole willful misconduct of City of Petaluma or Sonoma County Water Agency. This indertinificstion cbligaticn,.(s not limited imany way by any limitation'on the amount or type of damages or comoensationfpayalile'to>crfor Contractor or its agents under Workers' Compensation acts, disability benefit- acts;,'or other employee benefit acts INSURANCE' The Contractor shall obtain insurance acceptable to the City of Petaluma •an'd the Sonoma, County Water Agency from,a company or companies;acceptable to the City and Agency. The required documentation of such insurance shall be furnished to, the City at the time Contractor, returns 'the executed contract. The proper insurance shall be provided 'within ten (10) calendar days ,after the 1contractor has received the notice that the contract has+been.awarced and prior to thetCity executing the contract. The Contractor shall not commence work nor shall he allow his employees or subcontractors or anyone to comm_ ence.work until all insu�ance'reauired,hereunder has been.submitted and approved. With respect to;perforrnance of'work-underthis contract, Contractor shall maintain and'shall_require all, of its subcontractors to maintain insurance as described below: A Workers' -Compensation Insurance with statutory limits as required by the Labor Code of the State of California. Said policy shall be:endorsed with the following specific language, This policy shall not be canceled or materially changed without,first'giving thirty (30),days poor written notice,to; the City of Petaluma and Sonoma County Water Agency. Commercial'General:Liability Insurancecovering bodily injury and Iproperty.°°.damage utilizing an occurrence policy 'form, in'an:amount, no Iass than $1,000,000 combined single limit for each occurrence. Said commercial general liability insurance policy shall, either- be endorsed with the, following specific language or containequivalent language "in the policy: .1. The. City of Petaluma' and Sonoma County Water Agency, their officers and employees, are,narnedas additional, insured for all liability arising out of the,operations'by or, on behalf of the:named insured in the performance of this contract. 2. The, inclusion of more than one insured shall not operate, to,impair,the rights of one insured against another insured, and the coverage afforded shall ,apply as though separate policies had been issued to each insured, but the inclusion ofmore than one insured shall not operate to increase the limits of the company's liability. l.. 31. The insurance provided.herein is primary, coverage to the City of'Petaluma and Sonoma County ,Eater Agency With respect to any insurance "or self-insurance programs maintained by the City of Petaluma and the Sonoma County Water Agency,, Cooveranve nveement for Funning anv nEn,n,svauon of the Petaluma wafer Conservavon Proyiem for 2000101 A-1 • 9 4, 'This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the"City of Petaluma and the Sonoma County Water Agency. C. Automobile Liability lnsurance'coverine bodily inju y and grope ty dantaae in an amount no less than 5500;000 cornbined<single limit for'each occurrence:, Said insurance shall ,include coveraee for owned, Hired, and non,-own_ed,.vehicles_. Said policy shall .be endorsed with the following la[To L2Oa This policy shall nct.be canceled.or matenally.chaneed without first giving thirty (30) days priorwritten:notice to the City of,Petaluma andrSonoma County Water Agency Cddoaraeve Agreement for Funding and Admenstranon of the Pei aluma Water Conservation Program for 21MOMI A-Z ATTACHMENT B City of'Petaluma Water', Conservation Program For Budget Year 2000/01 prepared by the Sonoma County Water Agency INTRODUCTION I The City of'Petaluma',s,(City) Water Conservation; Program (Program).includes development:and implementation of various water conservation measuresthat will reduce the amount of water used by the customers of Petaluma's Water Utility System, as well as reduce the'amount of water discharged to Petaluma's'Wastewatar Treatment and Dispcsal System, This Pfogram consists primarily.,of voluntary, incentive -based water conservation programs. The use of voluntary conservation programs.allows for community involvement and education to achieve water resource management without high levels'of,manpatory'regulation: Water Conservation Programs include. • Residential and Non-Resident;al Toilet Replacement Programs • Residential Water Management Program • Non -Residential Landscape Water Audit and=incentive Program • Landscape Water Conservation Ordinance and Water -Waste Reduction Program • Commercial/Industrial Water Survey and'Incentive Program I i We will expand cur community outreach and education program,through regular newspaper ads, feature water conservationmessages on the back of Petaluma buses, and provide City staff with water conservation information throughout the year We propcse'to work witn',the Council for Commumry.Television to utilize the medium of video to produce a series on water conservation projects. The City willsponsorcontests, for Petaluma residents,to•corripete for financial scholarships or other incentives for producing the winning water conservation videos: Council for Community Television will seek;community partners to financially participate in the scholarships and/or awards. Community television is an untapped resource for furthering.community awareness and participation. An estimated;$2,780,083 of; funding will be, available from 1998 through 2009 to the City for water conservation measures and water. reuse:'.programs. These funds are included, acid identified in City's_ portion of the Sonoma County Water;Agency (Agency) Draft Water' Conservation Plan with the goal to reduce water demands'on the Transmission System. The'program costs and water savings estimates are based on: • Agency -funded 'Montgomery Watson Study, Water and Wastewater Efficiency/Avoided Costs Study, September 1995,(MW.Study) • John Olaf Nelson Water, Resources Management, City'of Petaluma's 1991 CII Toilet Replacement Program • Industrial Water Efficiency, Program proposed for the City of Petaluma and: the Sonoma County 'Water Agency, April 26, 1999, prepared by Pacific Technology Associates for The Bay' Institute of San Francisco with funding from The Rose Foundation. Agency staff will work closely with City staff and contract support to administer the Water Conservation Program 1] Cootie ',,e Agreemem for Funa.ng aria Aommmrauon of me Pvt ruma water Conservaucn Program for 2000I01 B-1 .) .i City of Petaluma - Capital Improvement Plan (CIR) in thousands of dollars SOURCES Current- Ycar FY FY 99-00 00-01 WPC Operating I'll 45 ' Fund (City) . NVPC Capital i3 311 Fund Special 147 389 Assessment " TOTAL 331 I 753 FY FY FYc.. _^'-FYI::' 5YRCIP O1-02 . 02-03 03-04 `I ` 04-05,=- TOTAL -J 45 45 45 I, •, 225 92' 92'• 92 92 757 2361.-'"2361":•236,1a;.:..:'236,1; : ^=" 16971 Water ConservatiowProgram — FY 00-01 Budget Year in thousands of dollars Water Conservation Programs Non -Residential Toilet Replacement (Residential Toilet Replacement (Residential Water Management Non -Residential Landscape Audit'and Incentive (Landscape Water Conservation Ordinance Commercial/Industrial'• Water Survey & Incentives Total Agency WPC WPC Amendment Operating Capital Total #10 Fund Funds 68I 211 1411 230 49I 131 1'05I 167 105 01 01 105 1221 01 01 122 4-1I 01 01 11 34 11 73 118 389( 45 3191 75.3 Gooceratrve Agreement tot funding and Aemmrstrauon of the Petaluma Water Gonservatmn Pmcram ftt, =1M M NON-RESIDENTIAL TOILET REPLACEMENT PROGRAM Background In 1991, the Cityof,Petaluma initiated a Non-R=_srdential Toilet Replacement Program with the coal to replace • 50% or 1,825 high-water ,using toilets with new water -conserving fixtures :in industrial, commercial, and institutional facilities To date, 47%, or861 toilets, (of'the 50% replacement goal) have been, replaced at -a cost of 53'11,187'or 5361 per toilet The annual water savings of the .1,825 toilet replacements is.estimated'to be 62.3 acre-feet per year (A*) I n-P rog ress,Admin istrati on The budaet for Fiscal Year 2000/2001 for this program is 5230,000 and is described below. The City entered into a .one-year professional services agreement with Action 'Plumbing Maintenance and Heating in October 1999. So far, we have received applications for replacing approximately 300 toilets We anticipate that this agreement will be extended through the end of the fiscal year. This ;extension will allow additional time, for non-residential water customers to apply for the program. Although applications are not coming in as fast -as they did at the beginning, we,are.findin9 that a number of businesses have replaced their toilets on their own without assistance from the -City. In order to obtain the maximum possible voluntary participation, the Petaluma Non -Residential Toilet Replacement Program gives applicants two options. 1) Direct -Install Option -where free'fixtures are supplied and installed by. Action Plumbing,- a City -hired contractor and 2) Rebate Option -for customers who prefer to buy colored or fancy -style equipment from,tnefr own;supplter and/or want to use their own contractor or qualified in- house maintenance personnel. Rebates are $100 for a gravity -flush toilet and $150 fora 'commercial -type power flush toilet Agency staff will'continue.to work'wiih City staff to market and administer this program Coc anve Agreement tw rund,ng and Mm,n,st.Imn of Ine Petaluma Water Conservamn Program Ion 2000101 B-3' �I RESIDENTIAL�T,,OtL'ET'REPLACEMENT PROGRAM Background The, 10-year Residential Toilet Replacement Program goal is, td',rec ace .25%, or 7,039 gravity -flush toilets in residential dwellings The water savinas is:estimated to be 86.7 AFY- A Special Event Fund Raiser kicked off the first year of the Residency Tcilet.Re'dlacement Program. replacing 957 high -water -using toilets, Free-of'charae,, 1 6-gallon=per-fusr 'clets, faucet aerators, and low -flow showerheads (fixtures) were given to residentiatwater customers dun,-; one weekend on September 1999 The City donated $15' per toilet to 'Casa Grande and Petaluma High S_-cols,for, working with the City on this program. 2000/0.1 PROGRAM ADMINISTRATION; The budgecfor Fiscal'Year 2000/2001 for this program is $167,000 an: s described below The second year of the program will offer participants one of two oenc-,s for fixture replacement SpecialEvent Fund Raiser, and/or Rebate. Rebates of 5100 per toilet will be pad :c;carticipants who wish to purchase and install their -own fixtures. The;anal is'.to,replace 1,000 hieh-water-usinc:cilets during the 2000/01 oroeram. The program(s) will be marketed through. public service announc_-ents, bus signs_ newspaper ads, and cooperative advertising with Iocalrplumbing supply stores. C000erauva A3feemant for FunBmq any Adwuawrauon of Rie PeiaWma Ware, Conservaudn N,ram fcr 20 101 Fi-4 RESIDENTIAL WATER MANAGEMENT PROGRAM Background A California' Irrigation'Management Information, System' (CIMIS) weather station was'installed at the Rooster; Ruri Golf Course in 1999. This.station provides the evapotranspiration data needed to develop .and fmplementithe irritation management program. 2000101 Administration'• The budget for Ffsoal Year 200072001 for this program is,S105,000 and is descriPed'below„ Agency will. Develop and implement a water management program to assist Petaluma:s residential customers with water conservation and reducing :peak water use . The program will focus on ,answering, the question. How much irrigation does your'landscape need? An extensive public information outreach,prodram•will be develcoed and implemented during thelrngation season We will prepare monthly newspaPer.ads, update City web page, and irngation.management messages on City,bus signs Develop and implement a'pilot ET Satellite Controller.procram for to 50 residents with large landscapes. The top water using resideritfal aiter'consumers will be contacted by ma+l;and offered a free on -site water survey If those contacted qualify, they will also be eligible for a'free ET.Satellfte Controller Program The Pilot program will include the following 1. Residential Water Survey We will develop and implement a water survey that includes the following elements Indoor Survey Check for water leaks, including faucets; and water meter, check • Check showerhead flow rates, faucet flow rates and offer to replace or recommend replacement, as necessary. • Check for water, leaks and flow rates of toilet(s) and replace leaking toilet flappers and recommend replacement of toilets with greater than 1.6 gallons per flush. Outdoor Survey • Check the operation of irrigation system and capabilities of existing controller(s)'. • Develop -a recommended irrigation schedule. • Instruct residents how to program their irrigation controllers. Participant Report • Program participarifs,•will.be given a summary of the survey results„ a recommended irrigation schedule and'additional water conservation information. 2. Pilot ET Satellite Controller • Free ET Satellite controller. • Installation of free ET Satellite controller. • 'Station by station scheduling. • l6stallation of free rain shut-off device. • Measurement of.landscape area • Broadcastsicnal fee paid for 7 months. 1 � University research of landscape, and; agricultural water, use'has determined that evapotranspiration ,(ET) is the recognized,and accepted method to deliver precise irrigation for landscapes. However, setting Cooperative Agreement for Funoing ana Aaminis:rauon of the Petaiuma Waier Conservation Program for 2000 M1 B. 5 0 irrigation schedules by, the ET rate is a' sophistcated,'time.consuming and, ongoing activity. Thus, it is rarely performed by homeowners and infrequently by landscape professionals The results of improper Irrigation scheduling, are over-watered.landscapes, wasted water; summer"peaking, high water bills and infrastructure increasesito meet demands: A new technologpinas been developed,by Michael Marian, Network Services Corp, a,Petaluma resident. to eliminate the inherent.problems of efficient irrigation scheduling (U S. Patent :5',208,855, Method and Apparatus for Irrigation Control Using Evapotranspcation). A weekly :broadcast signal with the local ET information is :sent and !picked up by a computer chip embedded. in the controller, which automatically adjusts the irrigation schedule This controller.will be ready for installation into pilot projects by the spring of 2000 The.current studies of this technology/ET signal controller show; • A 30% savings oflandscape water in residential homes of -modest size,in IrJine, California (or a 15% savings of total home water use) • The ET 'Signal Controller shows the potential to significantly oufperform Ultra Low Flush Toilets (ULFTis) in terms'of'water savings and cost-effectiveness. The current water agency study confirms this conterition'by showing a projected average savings of 25,000,.gallons per test home in one year, with a projected cost of'S15C-S225 for the ET Signal Controller unit and installation. • Landscape water use can beset for 'local ,ET and specific home site conditions. • The ET SjgnaCController'can insure efficient irrigation scheduling on dedicated metered sites, mixed use meter sites and unmet=_red site's. • The ET. -signal can be broadcast,weeklyto insure that irrigation schedules match changes in weather. • Individual site irrigation schedules are established with regard'to:soil, plant type, microchmates (sun or shade),, specific sprinkler type, etc • Receiving the ET Signal requires a service and broadcast'fee (generally established by the size of the landscape andmater.saMgs potential) that is costs less'thah the cost of saved water. • The technology patent'holder offers a variety of fee collection `options for agencies and/or- customers to be further analyzed. The ET Controller is convenient for customers. • The ET Signal Controller is priced to fit within existing or traditional agency ULFT distribution and home survey programs. Water agency studies cite that homes typically _use 50%,of home.water in the landscape, The American Water Works Association. Research Foundation (AWWARF.) end -use study in San Diego shows'that 61 % of home water'is used.; outside inrthe landscape. As indoor plumbing retrofits reach saturation, or where new homes already utilize low -flow plumbing devices; thedandscape is the next significant water savings opportunity, for agencies and customers: (Where, `peaking" ,is a problem, saving landscape water is far more valuable than saving intenor water to accommodate infrastructure capabilities.) It has also been recognized that with current technology and techniques•achieving home landscape water use efficiency requires consistent customer action and currently lacks a verifiable measurement capability. At best, traditional landscape conservation programs are snort -'term efforts requiring renewed agencyand customer actions year. after,y,ear. CWMfairve Agree t fw Fuming aria Mmlm5lf2aOn of me Peiaiuma Wager Conservauon Program br 2000101 M NON-RESIDENTIAL LANDSCAPE WATER AUDIT`& INCENTIVE PROGRAM Background The City of Petaluma is implementing Large Landscape Conservation Programs and Incentives for non- • residential'water customers The program includes Local ET Data, A California, Irrigation Management Information System (CIMIS) weather station was Installed within the City. limits' This CIMIS weather station provides the evapotranspiration datarneeded to develop irritation schedules, for the Landscape Water Audit and Irrigation Incentive Programs Education A Cal ,Poly instructor conducted a two-day training session for the City of Petaluma landscape staff, Water Department:staff, Landscape Assessment.District contractors and local schooldistrict landscape staff The, training session helped prepare the landscape professionals to ,perform; site inspections, evaluate irritation.systems; and develop efficient irrigation schedules for dnp,,,bubbler; microspray. and sprinklersystems. The majority of the,course was spent in the field performing "landscape audits" and at the computer generating Irrigation schedules with the audit software. ' Landscape Water Audit Prooram The Landscape Water Audit included an inventory of sprinklers on each valve/circuit and, catch -can tests to determine the, precipitation rate and distribution uniformity of the sprinklers The catch can. volumes were measured, recorded and entered into software developed by,the Irrigation.a_ nd Training Research Center of Cal Poly. A report was prepared for the' program participant with ,a proposed irrigation schedule for turf areas, based on Petaluma's evapotranspiration (ET). Irneatloh/cbntroller maps were also provided that, identified the ,location of the sprinklers on each valve, their respective precipitation rates and distribution uniformity Imaation,Incentive Program A customized Irritation Incentive Program was developed to assist non-residential water customers in improving the efficiency of their,sprinkler systems. The City will pay for a portion of ,the •labor and material costs of the irrigationequipment that will improve water use efficiency of, existing irrigation systems 2000/01 Administratiorfi' The budget for Fiscal Year 2000/2001 for this program is $122,000 and is described below The 2000/001 program includes the following: 1. Disseminate ET�data to'Petaluma's landscape irrigation professionals. 2. Coordinate continuing' water management training classes. 3. Perform up to 20 landscape water audits at, landscape areas that are larger than 1 acre 4. Prepare.a monthly review that compares,water use'with ET for each park. 5. Expand the City's custmiz oed Irrigation. lhcentive'Program and market it to, non-residential, water customers. Landscape Water Audits will also be performed in conjunction with the Irrigation Incentive Program Ll Cooceratrve Agreement for Funning and Aammiseaudn of the Petaluma wafer 0onservavon Program for 2000101 B-7 LANDSCAPE WATER.CONSERVATION,ORDINANCE In -Progress Administration' • The budget for Fiscal Year.2000/2001 for this program is_$1,1,000 and.is described below A new Landscape Conservation Ordinance is beano -developed by the City, and shaped by community leaders The purpose of the ordinance is to promote efficient water use throu'ah landscape design and irrigation management. Based on a water budget,. or water allowance; irrigation water is used to maintain a healthy, attractive and functional landscape for your businesses. The ordinance abolies to: • All new and rehabilitated industrial, commercial, and institutional landscaping. • All new and rehabilitated multi -family common areas after the installation or renovation of the irrigation system • Turfareas of school-yards,,parks, playgrounds, sports fields', cemeteries and calf courses will follow efficient irrigation practices 0 Exemptions include. • Single-family residences and multi -family private areas. however, all. residents are encouraged to follow them. • Registered historical site • Ecological restoration projects that do not require permanent irrigation systems • Acricultural cultivation. • Any landscaping that is irrigated solely by reclaimed (treated, recycledrwastewater) water and to which there is no pipeline installed to deliver potable'City';water. As a supplement to the Ordinance, a Sustainable Landscaping; Manual isSbeing written. The manual addresses work to conserve, recycle and reuse resources,and.is directed towardiincreasing the efficiency and reducing the consumption of energy, water, and 'chemlcals in.landscaping. A Water Waster Ordinance is being developed to address opportunities for water savings and nonessentials uses: • The washing of'sidewalks and other hard-surfaced,areas by direct:hosing. • Water leaks. • Excessive run-off of irrigation•water_and over spray • Washing machinery directly with a hose not equipped with a shutoff'nozzle. • Water for non -recycling d'ecorative,water fountains. • Intentional disposal of detids)nto storm drains''.is prohibited: A landscape water budget training course was taught in 'September1999 by a; Cal Poly professor. Water budgeting software for use by planners, designers and landscape, managers was presented: The software helps the user define hydrozones, evaluate "what -if' situations for planting areas to comply with the water budget, forecast annual' water use, and evaluate .annual water costs. Preliminary, irr4ption schedules can also be generated. The Water Budgeting Handbook is based on the slate's Model Landscape Ordinance (AB 325) and the software can be tailored to handle alternative'water budget and allocation methods C000enawo Agreemem for Fuming aria Aomnrseauon of Ina Petaiuma wafer Conservation Prooem ,or 30WIC1 I- B-8 COMMERCIALIINDUSTRIAL WATER SURVEY AND INCENTIVES Background In 1997, the City initiated a 10-yearCommercialllndustrial Water, Survey and Incentive Program with'the:goal.to obtain 10% participation and achieve a 10 acre-feet per year ('AFY) estimated water savings. During the first two program yearsra;customized commercial/industrial'water survey and incentive program',was developedfor Mishi Apparel, Inc. The Bay institute_ of San Francisco worked on Petaluma's programs from grant fundsawarded from the Rase Foundation for Communities and Environment. Mishi Apparel', is implementing ;the water efncw_ncy recommendations in phases_ 'They'are currently in the first phase which includes replacing existing washing machines with front -loading, horizontal axis machines. The estimated water savings, will be 4 acre-feet per year when thisprojechis complete Early 2000, a second demonstration site was'selected for the program, Sola Optical USA, Inc., headquartered in Petaluma, (manufacturer of approximately 1/3 ,of all ophthalmic lenses worn 'in the United States). The estimated water savings is 7 acre-feet per year when this project is -complete. The PacificTechnology team is currently purchasing, instrumentation,equipment (c_lamp-on flowmeters, associated data loggers, and related data integration services) and performing an extensive water efficiency evaluation including: • Developing a dynamic water balance for the plant, including indoor and outdoor uses There is currently a single City water meter for all uses. • Evaluating the water use in cast=cleaning; coating and edging processes • Evaluating potential water efficiency improvements. The Pacific Technology team estimates that together, the two demonstration projects (Mishi Apparel, Inc. and Sol@ Optical USA„ Inc,) will save 11 acre-feet per year. This estimated .savings is es -much water as was predicted for. the: entire first,generation ,,Commercial/ind_ustrial Survey, and IncentiJe'Program proposed `for • Petaluma in the Montgomery' Watson Report of 1995. 2000101 Administration The budget for Fiscal Year 2000/2001 for this program.is $� 88;000 and -is describe.d`below: Contract administration,and coordinatiomof.in-progress work at Mishi Apparel Inc and Sola-Optical USA Inc. Test the water saving potential of waterless urinals in, non' -residential, facilities. ,Expand the program' with additional demonstration sites. These demonstration projects'are steps needed :to expand` this' Commercial Industrial Survey and incentive Program to Petaluma's, remaining 850+ commercial, industrial' and institutional customers. 0 Caooeratne Agreement for Fundmg and Admmisvauon of the Petaluma Water Conservation Program for 2000/01 B-9 0 RESOLUTION NO. N.C.S. 1 of ,the City of Petaluma, California 2 3 4 6 7 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A 8 PROFESSIONAL -SERVICES AGREEMENT FOR'THE "RESIDENTIAL TOILET 9 REPLACEMENT PROGRAM: RECYCLING OF OLD TOILETS" WITH OLD 10 ADOBE DEVELOPMENTAL SERVICES, INC. 12 ' 13 WHEREAS, the City of Petaluma recognizes that water is an'essential and limited 14 resource; and 15 16 'WHEREAS, the City of Petaluma has)a?5-year Capital Improvement Plan (CIP) for 17 Water Svstem Improvements which,includes Project 49931 for water' conservation; and 18 19 WHEREAS, the City of Petaluma has, entered, into a cooperative agreement with the 20 Sonoma County"Water-Agency to -fund and administer a Residential Toilet Replacement 21 Program in the Water CIP-Project 49931 for water conservation;; and �? 22 23 WHEREAS, the City of Petaluma has;determined that conducting an extensive water 24 management program to assist residential water. customers With water conservation and 25 reducing peak water usel"is one°of the strategies,that it will employ to achieve its -water 26 conservation goals, 27 28 NOW, THEREFORE„BE;IT RESOLVED the Petaluma City Council authorizes the City 29 Manager to enter into a -professional seryices.,aareemen-t for the 'Residential Toilet 30 Replacement Program: Recycling Of Old Toilets" with 'O_ Id,A_dobe Developmental 31 Services, Inc. 32 33 Undef the power and authority- conferred.upon this Council, by the Charter, of said -City. REFERENCE: I hereby. certify the foregoing Resolution was introduced and adopted ;by the Approved as to Council of the, Cfty'ofPetaluma at'a (Regular) (Adjourned) (Special) meeting form onthe, ... :............. ......... day of .......... _........... _...... _.................. ......... 1 19-....... by the following vote: ................................... - 'City Attorney AYES: NOES: SENT: ATTEST: City Clerk Cbwd! Ffla_-.._.-....._..- CA 10.85 Rev Nu . .. ..... ... .. �N.C.S Mayor PROFES_SIO_NALS_ERVICES AGREEMENT for •' RESIDENTIAL TOILET'REPLACIEIMENT.PROGRAM: RECYCLING OF OLD TOILETS (Title of Project) (Project Account Code,No. 602-400-9931-7104) THIS AGREEMENT is made and entered into this - day of by acid between the City.of-Petaluma, a Municipal Corporation,and a.charter city, (hereinafter referred to as "City") and Old Adobe, Devel'onment Services, Inc., 235: Casa Grande Road, Petaluma., California, 94954.'(hereinafter-referred"to as "Consultant"). The parties:hereto enter intothis Agreement for the purpose of Consultant providing professional seiices to City under the following terms and conditions: In consideration hereof, and the mutual promises, contained herein, the parties agree, as, follows: 1. Consuliant shall provide the services described in 'Exhibit. "A"attached hereto and incorporated herein by reference. • 2A: Cityshall compensate Consultant _for services rendered hereunder under, the following terms- For' each 3.5 eallons. or, more, per flush toilet. returned .to the;,Petaluma Recvcline,.Center (315 2nd Street, 'Petaluma. CA 94952),,the Consultant sh I if] be conmensated TWO DOLLARS 62.00) Der. toilet. Compensation shall be paid only to to], lets'reeveled throueh the Citvus Residential Toilet Renlacement Program. 2B. Notwithstanding- any provision .herein, Consultant -shall not be paid any, compensation until such ,time as Consultant has on 'file with. the City Finance Department current information requfo ested on the "Vendor,; Information""rm available from the City, and has obtained 'a currently valid' Petaluma Business Tax Receipt pursuant to the Petaluma Municipal Code. 2C. The, Consultant is also' required to have paid the appropriate, business tax and have a currently valid Petaluma Business Tax Receipt pursuant to the Petal uma'Municipal.Code. 2D. In no case shall the total contract compensation exceed FOUR THOUSAND DOLLARS 64,000.00) without prior written authorization of the City 'Manager. Further; no compensation fot- a section or work program component attached with a specific budget shall be exceeded' without prior written authorization of the City 6/1/00 Manager. With every monthly:. a brief narrative shall_ be provided by Consultant along with.a,revised schedule of progress and supporting materials. 3. Services performed by Consultant to City which exceed those services described in Section 1 herein, shall berconsidered "extra work." Extra work shall,only be performed by Consultant upon prior written. authorization of the City Manager. Consultant shall be compensated forextra work at. the following -rates: For each,15 eallons.or. more Der flush toilet. returned to the Petaluma Reeveling Center (3152nd Street, Petaluma, CA 94952). the Consultant shall'be compensated TWO DOLLARS ($2.00) Der toilet. I 4. Use Section 4(a) or 4(b). (a) The term of this Agreement'corrimences on March 5,.2001, and ends on August 30, 2001,. However, either party may°terminate this. Agreement upon providing the other. party ten (10) days' written notice 'of such termination, given in the manner provided in Sections 6 and 11 herein. (b) Consultant shall .commence .work upon receipt of, written direction to proceed from City. Consultant shall perform the work. described herein, in accordance with the following schedule: •) Service, Completion Date 5. Consultant represents that Consultant possesses distinct professional skills in performing said services. City has relied=upon said representations, as a material endorsement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all services ,under this.Agreement. It is further understood, and' agreed that. Consultant, including his/her agents and employees, is not an agent or'employee of the City, but rather solelyresponsible for his/her acts and omissions. Consultant. has' full control over the means and methods of performing said services. -arid Consultant understands that said services, are being performed as an independent Consultant. Nothing in this Agreement' shall in any way be construed to constitute the Consultant, or any of its agents or employees, as an agent, employee or representative ofthe City. 6. Termination.. This,Agreement may be,terminated or suspended by the City.upomten (10) days' written=notice. Said notice wilPbe commenced by the City Manager. Upon receipt of such notice. -Consultant shall immediately stop all work in process under this -1 6/1/00 Agreement. In"the event the City'delivem the Consultant shall be entitled to payment for all services,performed to date of termination to the extent they were'actually perfoimed in •' accordance with'this Agreement. Consultant shall perform .with his/he'r•own organization, all work specified and -required in this Agreement.- No;assignment. or transfer in whole or in part ofthis Agreement' shall be made without.tlie written consent of the City. 8. Consultant may retain or subcontract for the services of other necessary consultants, with the written approval of City. Any such subconsultants shall comply, to the extent applicable, with the terms and conditions of this Agreement and all of the. obligations, and duties imposed upon the'Consultant hereunder. 9: Consultant ,agrees;to fully comply, with all appropriate local, city, state and federal laws; regulations and ordinances governing performance of contractual "services required hereunder, in accordance with professionals' standards of care. 10. During the, performance of this Agreement, Consultant will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, sex or age. Consultant: shall take affirmative action to ensure that applicants are employed, and that employees .are treated during' employment, without regard to their • race„ religion, creed. color, national origin;,ses or age. 11: All notices required or permitted .by this Agreement, including notice of change of address, shall be in writing and given by personal delivery or sent by United States'Mail, postage prepaid and addressed' to the parties intended to be notified. Notice shall be deemed given as of the date of delivery in person or as of the date deposited in, any 'post office: or any post office box regularly maintained by the United State's Govei-iunent. Notice,shall' be given as follows: City: City Clerk City of Petaluma. Post,Office Box 61 Petaluma, California 94953 Telephone' (707) 778-,4j60 Consultant: Dennis Omer, Executive Director Old Adobe Developmental Services 235 Casa Grande Road Petaluma, -CA 94954 Telephone: (707) 763-9807 12., All bills+.shall,be sent to the designated pi6Ject.contact person on a monthly basis or upon task. completion; whichever is appropriate.. Bills will be checked by said'contact person • for compliance with the provisions of this Agreement and then forwarded to `Accounts Gil/00. Payable." City shall" endeavor to make payment of said bill within thirty (30) days of •% receipt. 13. All originaf papers, documents or "computer .material on disk of microfilm, and copies thereof,, produced as,a result of this, Agreement, shall be=the property of City and may not be used °by Consultant without the consent of City.Copies of.such,documents or papers shall not be "disclosed to others without the written consent of the City Manager or his designated representative." 14. 'Consultant hereby covenants and. agrees to, and shall, indemnify, save harmless and defend, the City of Petaluma, its agents and/or employees, against all claims, demands, costs, and liabilitie's °for damages of any kind or nature,'including, but- not limited to, damages for death or injury io•any'person (including Consultant's employees and agents) or damage or, destruction' to any. property of either parry, hereto or third persons in any manner arising out of or occasioned by Consultant's,performance of its obligations pursuant to this Agreement whether or not there is a :contributingact or omission or concurrent, passive or activenegligence or otherwise.oh the Part of the City, except those claims arising from the established active sole negligence or sole willful misconduct of the City or the City's employees: ' The City may retain' -so much of the money due Consultant as shall be considered.hecessary, until disposition has been made of claims or 1 suits for damages as aforesaid." 15. Insurance. See "Insurance Requirements for Consultants' in Exhibit B1 or B2 attached hereto and incorporated "herein by reference. Please check and initial exhibit to be incorporated: ExhibltBI Y Exhibit112 16. Amendment. This Agreement may be amended, provided. said amendment is in writing and signed by both parties. 17. If litigation ensues which ,pertains. tothe subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein at"a reasonable and customary fee. 18. This Agreement constitutes the entire agreement between the parties 19. Breach. City teserves.the right to terminate this Agreement immediately in the event of a breach by Consultant. It is further understood and agreed that in the event of a breach of this Agreement by Consultant, in addition to all other remedies, penalties and damages provided by law, City may provide such services or retain another consultant to provide such services, and deduct from the ,amounts due or to become due to Consultant the .' actual cost s to City to provide or obtain such services. 4 0/1/00 )0. This contract is the product of negotiation and compromise on the part of,both parties and • that the parties agree, notwithstanding Civil Code section 1654, thatin the event of uncertainty, the, language is not to be construed against, the party causing the uncertainty to exist 21-. Applicable Law. Each party's performance hereunder shall comply with all applicable laws of the United States of, America, thet,State of California, and the City of. Petaluma. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. If any part, term or,provision of this Agreement shall; be held void, illegal, unenforceable, or in conflict with any law, of the federal, state or local government, having jurisdiction over this Agreement,. the validity of the remaining portions,or provisions shall•not be affected thereby. 22. Non -Waiver. The 'City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance_ shall not be construed as a general Nvaiver of any part of such provision. The provision shall remain in full force and effect. 23. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a couri of competent jurisdiction, the remaining provisions of this Agreementshall continue in full -force and effect. i 24. Mediation. The parties agree to make a good,faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall.divide the costs of mediation equally. 25. Consultant's Books and Records. A. Consultant shall maintain any and, all ledgers, books of accounts, invoices, voucher's; canceled checks, and other records or. documents evidencing o'r relating to charges for services, or expenditures and disbursements charged to,the City for a minimum period of three (3) years or for any longer period required by law, from the,date of final payment to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and, .records which 'demonstrate performance under this -Agreement for a minimum period of three (3) years or for any longer period required'by law, from the date of termination or completion of this Agreement. C. Anv records. or documents required to bemaintained pursuant to this Agreement shallbemade available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall whem itispraciical to do so. Otherwise, unless an alternative is mutually agreed •, 5 6/1/Uo upon, the records shall be available at. Consultant's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded. due to ,dissolution, disbandment, or termination of Consultant's business; City may, by' written request by any of the above -named officers, require that custody of the records be.given to the City and that the records and documents, be,maintained in Petaluma City Hall. Access to such records and documents shall be,granted to any party authorized by Consultant, Consultant's representatives, or. Consultant?ssuccessor in interest. IN WITNESS WHEREOF, the parties hereto have executed this.document the day, month and year first above written. CITY OF PETALUMA City Manager ATTEST: • City Clerk APPROVED AS TO FORM City Attorney APPROVED: Department Head APPROVED: Risk Manager APPROVED: 10 Finance Director CONSULTANT By T itle 235 Casa GrandeRoad Address Petaluma City Taxpayer LD. Number CA 94954 State Zip Petaluma Business Tax Receipt Number I 6/1/00 EXHIBIT A SCOPE OF SERVICES Through their affiliate, the'Petaluma Recycling Center; Old Adobe Developmental Services, Inc. (Consultant) will provide the following services:. 1. Accept old toilets that^have been replaced through the City's Residential Toilet Replacement Program. 2. Complete and provide applicant with the, City's, "Residential ToiletRecycling Receipt, detailing the date, number of toilets received, applicant name..and street address/zip code. Applicant is responsible for removing all hardware; plastic, rubber, and seats from the toilet., .Only the porcelain portion:of the toilet is to be returned for recycling purposes. The Consultantshall not accept old toilets with attached,,hardware. 4. The City will be responsible to, provide a storage bin._ 5. The Consultant is to notify the City's Program'Manager when the storage'bin is 75% filled. The City will be responsible for arranging the hauling of the storage bin from the site. is; • • INSURANCE,REOUIREMENTS'FOR.CONSULTAN.TS nsultant shall procure and maintain -for .the duration of the contract insurance against claims for injuries to persons or damages 'to .property which may ;arise from or in connection_ with_ the performance of the work hereunder by the Consultant, his agents, representatives, or.employees. Minimum ScoDe of Insurance Coverage shall be -at -least as broad as:. 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed..1/87)�covering. Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $500,000 per occurrence for bodily injury; personal injury and property damage. If Commercial General Liability Insurance�or other form with a,general aggregate limit is used, either the general aggregate limirshal1,apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit: 2. Automobile Liability: $500,000.per accideriffor bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily;injuryor disease. Deductibles and Self -Insured Retentions Any deductibles or self-insured,retentions must be declared to and approved by the'City. At the option of the iy, either: the insurer shall reduce of elimisate.such deductibles or self=insured retentions as respects the City, officers,, officials, employees rid volunteers;, or -the, Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, 'or be endorsed to contain, the following provisions: I. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf'of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special_ limitations on the scope of protection afforded to the'City, its officers; officials, employees or volunteers. Coverage shall not extend to'any indemnity coverage "for the active negligence of the additional insured in any case adhere an 'agreement to indemnify the additional insured "would be invalid under subdivision (b) of section 2782 of the Civil. Code. 2. For anv claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City. its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, -employees or volunteers shall be excess of the Consultant's insurance and shall not contributewith it. 3. Any failure to comply with reporting or other provisions.of tlie:policies;including breaches of warranties shall not affect -coverage provided to the City, its officers,,offlcials ,employees or volunteers. 4. The Consultant's insurance shall apply separately to each insured,against whom -claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended. voided;,cance_lled by either party, reduced in coverage or in, limits except after thirty (30) •j days' prior written notice by certified mail, return receipt requested; has been given to the City. Exhibit B l Pagel oft eiimn Accentabilitv of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII, unless otherwise -cceptable to the:City. • i verification of CoveraHe Consultant shall furnish the. City with original' ;endorsements effecting coverage, required by this clause. The endorsements are to be signed by :a person authorized by that insurer to bind coverage on „its behalf: The endorsements are to be on forms provided by the, City. All endorsements are to bereceived by the City- before work commences. As an alternative to. the Citv's forms, the ConsultanY.s, insurer may provide complete, certified copies of all required insurance policies, including endorsements, 'effecting the coverage required by these specifications. Exhibit B I Pa�e'3 of? 0 6/I/00 t 0 RESOLUTION NO. N.C.S. 1 of `the City of Petaluma, California 3 4 5 6 7 RESOLUTION TO AUTHORIZE THE; CITY MANAGER -TO ENTER INTO A 8 PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING MATERIALS AND 9 SERVICES FOR THE LANDSCAPE AUDIT PROJECT WITH CAGWIN & 10 DORWARD 11 12 13 WHEREAS, the City of Petaluma recognizes that water_ is an, essential and limited 14 resource; and 15 16 WHEREAS, the City of P.etaluma.has a 5-year Capital Improvement Plan (CIP) for 17 Water System Improvements which,includes Project 99931;for water conservation; and t8 19 WHEREAS, the City of Petaluma has entered into a"cooperative agreement with the 20 Sonoma County Water Agency to fund and.administer a Landscape Water Audit Program i21 in the Water CIP Project 99931 for water conservation; and ' 22 23 WHEREAS; the .City of Petaluma has determined that conducting an extensive -water 24 management program to assist. non-residential water customers with water conservation 25 and reducing peak water use is one of the strategies that if wilLeni P. loy to achieve its 26 water conservation goals; 27 28 NOW, THEREFORE. BB IT RESOLVED the" Petalunia.CityCouncil authorizes the City 29 Manager to enter into'a professional services agreement.for furnishing materials and 30 services for the landscape'audit projecfwith'Cagwin,& Dorward. 31 Under the power;and authority conferred upmthia Counai by the! Charter,of�aaid City. REFERENCE: I hereby certify the foregoing -Resolution was introduced and .adopted by the Council of,the City of Petaluma at a (Regular) (Adjourned), (Special) meeting on'the .:......... ......... ........ day of ....................... _...... .......... .................... 19.....`... by the following vote - AYES: NOES: *SENT: ATTEST:........._...................................:.............:..............................:._...._ .....-- - --- City Clerk - - -- - - - - - Mayor Approved as to form -.............. _......................... City Attorney couned CA 10 85 Res Nn ......... .. NCS 0 0 n U PROFESSIONALSERVICES AGREE ENT •) FOR'. FURNISHING MATERIALS AND SERVICES FOR THE LANDSCAPE WATER AUDIT PROJECT WITH CAGWIN&:DORWARD (Title of Project) (Project Account Code,No.-6017400,19931-7104) THIS AGREEMENT is made: ah&entered�into this day of by and be.tween,the City of Petaluma, a" Municipal Corporation and a charter, city '(hereina_fter referred to as `:City') and .CBEnvin &.Dori �ard; P.O.Box 1600, Novato. California, 94948- 1600, (hereinafter referred to as "Consultant'). The parties hereto:enter into this Agreement for the purpose of Consultant providing "professional services to City under the-followina"terms and conditions: In consideration hereof, and the,mutual promises;. contained herein, the parties agree as follows- 1. Consultant shall provide the services described in Exhibit "A" attached hereto and incorporated herein by reference. 2A. City shall compensate Consultant for .services rendered hereunder under the following terms: liste&in Attachment A. 2B. Notwithstanding any -provision herein, Consultant shall'. not be paid any, compensation until such time as Consultant has on file with the City Finance+ Department current information requested on the "Vendor Information" form available from the City, and has obtained a currently valid Petaluma Business Tax Receipt pursuant to the Petaluma Municipal Code. 2C. The Consultant is also .required to have paid the appropriate business tax and have a currently valid Petaluma Business Tax'Receipt pursuant to the Petaluma Municipal Code. 2D. In no case shall the total contract compensation,exceed-Ten.Thousand dollars .(S10.000) without prior written' authorization' of the City Manager: Further;.no compensation for a section,or-work program component attached with a specific budget shall be�esceeded without prior written, authorization of the City Manager. With every.monthly .invoice, a brief narrative shall be provided by Consultant along'with a revised schedule of progress and supporting materials. •1 3. ity which exceed .those services described in Services performed by Consultant to C Section 1 herein, shall be considered "extra work." Extra work shall only be performed 6/V00 j by Consultant upon prior written authorization of the City -"Manager: Consultant shall be compensated for extra work at the following rates: S55:00 per hour., • 4. Use Section 4(a) of 4(b). (a) The,term of this Agreement commences on ]March 5, 2001, and ends on june 30, 2002: However,' either parry may terminate" thi's Agreement upon providing the other party ten (10) days' written notice of`such termination,:, given in=the manner provided in Sections 6 and 1'l herein. (h) Consultant shall commence work upon receipt- of written direction to proceed from City. Consultant. shall perform the work described herein, in accordance with the following schedule: Service Completion Date 5. Consultant represents that Consultant possesses distinct professional skills in performint • said services._ City'has relied upon said representations as, a material endorsement"to enter .into this Agreement. Consultant shall, therefore, provide properly skilled professional and ,technical personnel to perform:all services under this Agreement: ;It is further understood- and agreed that Consultant, including his/her agents„and employees;is, not an, agent or employee of the City; but, rather solely responsible for his/her acts and omissions. Consultant has full control over the means and methods,of,performing said services, and 'Consultant understands that said services .are being. performed as an independent Consultant., Nothing in this,Agreement shallin any way be„construed io constitute the Consultant, or any of its agents or employees, as an agent, employee or representative of the City. 6. Termination. This -Agreement maybe terminated -or suspended by the City upon ten (10) days' written notice: ;Said notice^will be commenced by the City Manager. Upon receipt of such notice.. Consultant shall immediately stop 'all work in process under this Agreement. In the.event the City delivers, the Consultarivshall be entitled to payment for all services performed to date of termination to: the: extent they were actuall'yperformed in accordance with this Agreement. T Consuharit shall perform with his/her own organization, all work specified and required in this -Agreement. No assignment, or transfer in:wliol'e or in part of this Agreement shall i be inade without the written,consentofthe City. • 2 6;1 /00 •) S. Consultant may retain:6r subcontract.for the.sendees of other necessary consultants, with the written approval of City_ Any such subconsultants shall comply, to the extent applicable, with the'terms and conditions of this Agreemenvand all of the obligations and duties imposed'upon the Consultant hereunder. 9. Consultant agrees to `fully comply with'.all appropriate local. city, state and federal laws, regulations and ordinances governing performance of contractual services required hereunder, in accordance with professionals' standards of care. 10. During the performance of'thislAgreement, Consultant !will. riot discriminate against any employee or applicant for employment because oft,race, religion, creed, color, national origin, sex or age. Consultant, shall take affirmative action :to ensure that applicants are employed, and that employees .are ,treated during employment, without regard to their race, religion, creed, color, national origin, sex or age. 11. All notices required .or ,perriiitted .by this Agreement, including notice of change of address, shall be in writing and given by personal delivery. or sent by United States Mail, postage prepaid and addressed. to the, parties intended -to be notified. Notice shall be deemed given as of. the date of delivery in person or as of the date'deposited in any post office or any post office bo_x regularly maintained by .the United States Government. �} Notice,shall be given as follows:- City: City Clerk City of Petaluma Post Office Box 61 Petaluma,, California 94953 'Telephone: (707) 778-4360 Consultant: Mr. Bob Giordano Cag�yin & Dorward P.O. Box 1600 Novato, CA 94948-1600 Telephone: 1 (800) 891-7710 12. All bills shall be sent to the designated project contact person on a monthly basis or upon task completion, whichever is appropriate. Bills will be ,checked by said contact person for compliance with the provisions of this Agreement and then forwarded to "Accounts Payable."City shall endeavor to make payment of said' bill within thirty (30) days of receipt. 13. All original papers, documents or computer material on ,disk or microfilm, and copies thereof, produce6�as a result of this Agreement, shall be the property of City land may not be used by Consultant without the consent of City: Copies of such documents or papers shall not be,disclosed to others without the written consent of the City Manager or his designated representative. 3 6/ 1 /00 14. Consultant hereby covenants and agrees to, and shall, indemnify, save harmless and defend_ ,, the City of Petaluma, ,its agents and/or employees against -all claims; demands, costs, and liabilities for damages of''any kind or nature including, but not limited to, damages for death or injury to any .person.(including.Consultant's employees and agents) or damage or .destruction to any property of either, party hereto or third persons in, any manner arising out "of .or occasioned by Consult nt's performance of its, obligations pursuant to. this Agreement whether or not -there is .a contributing act or omission 'or concurrent, passive ,or active negligence or otherwise on the part of the City, except those claims,arising from the established active sole negligence or sole willful,misconduct of the City or the City's employees. The City .may retain so much of f the money due Consultant as shall be considered, necessary, until disposition has been made. of claims or suits for damages as aforesaid. 15. Insurance. See `Insurance, Requirements for Consultants" in Exhibit. B 1 or B2 attached hereto and incorporated herein. by reference. Please check and initial exhibit to be incorporated: ExhlbitBI X 'Exhibit;B2 16. Amendmeht. This Agreement inay be amended, provided said amendment is in writing and signed by both parties. 0 17. If litigation ensues which pertains to the subject matter of Consultant's ;services hereunder, Consultant; upon request from City, agrees to testify therein at a reasonable and customary fee. 18. This Agreement constitutes the entire agreement between the parties. 19. Breach. City reserves the right to terminate this Agreement immediately in the event of a breach -by Consultant. It -is further understood and agreed that in the event,of a breach of this Agreement by Consultant, in addition to all otlrer-remedies. penalties; and damages provided bylaw, City may provide:such.services or retain another consultant.to provide such services, and deduct from the amounts -due or to become due to Consultant the actual costsao'City to provide or'obtainsuch services. 20. This.contract;is the product of negotiation and compromise on the pamof both parties and that the parties agree, .notwithstanding Civil Code, section. 1654. that in the event of uncertainty,, the language is not to be construed against the partycausing the uncertainty to exist. 21. Anniicable Law. Eachparty's perfo' ante hereunder- shall compMwith, all applicable laws of'the United States of America, the State of California, and the City of Petaluma. 1 This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. If any part, term;or"''pfovision of this Agreement shall be, held void, illegal; unenforceable, or in:conflict with any law of the federal, state or local government having jurisdiction over this Agreement, the validity of the remaining.portions or provisions shall not be affected thereby. 22. Non -Waiver, The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a,,general waiver of any part of such provision. The'provision shall remain in full force and effect. 23. Severability. If any term or.portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction; the remaining provisions of this Agreement shall continue imfull_force and effect. 24. Mediation. The parties agree to',make a good faith attempt to resolve any dispute arising out of this Agreement -through mediation prior to commencing litigation. The parties shall mutually agree'upon the mediator and shall divide the costs of mediation equally. 25. Consultant's Books and Records. A. Consultant shall, maintain any and all ledgers, books of accounts,, invoices, • vouchers, canceled, checks, and other records,or documents evidencing or relating 1 to charges for services, &'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. & Consultant shall maintain all documents and records. which demonstrate performance under this Agreement for a minimum peiiod 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 doc,Lunents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at, any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a, designated, representative of these officers. Copies of such documents shall be provided to, the City for inspection at Petaluma City Hall when it is practical to do.so. Otherwise; unless an alternative is mutually agreed upon„ the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where City'has reason to believe that such records or documents -,may be lost or discarded due to dissolution„ disbandment or termination of Consultant's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and Consultant's documents shall be granted to any party authorized by Consultant, representatives, or Consultant's successor in interest. 5 6/IJ00 IN WITNESS WHEREOF., the parties ,hereto have executed this document the day, month and year first above written. CITY OF PETALUMA CONSULTANT By City Manager ATTEST: 'Title P.O. Box 1600 City Clerk Address APPROVED AS TO FORM: Novato CA 94948 Citv State Zip City Attorney Taxpayer I.D. Number APPROVED: Petaluma Business Tax Receipt Number Department Head , APPROVED: Risk Manager, APPROVED: Finance Director profess ( fink) o,- Cag�w�n & Dorrvard landscape contractors t P.O Box 1600., Novato, Ca,9494811600 Califomia State Contactors Lc WNiB9 City of Petaluma Attn: Ms. Lynn Hulme 22 Bassett Street Petaluma, California 94954 62h t /� -- I '0 7 Quotation & Agreement - '(415) 892-7710 FAX (415) 897-7864 Date: January 12„ 2001 Job #/Name: NR/City of Petaluma Location: Petaluma, California Dept: 200 Notice We will fumoh equryment, materuls and labor necessary to complete Wework lowed below., QUOTATIONS ARE SUBJECT TO CHANGE OR CANCELLATION AFTER 30 DAYS A m.ped. fullycomplered copy orthis order must be remened to Cagwm & Durward PRIOR.TO COMMENCEMENT OF WORK ITEM, DESCRIPTION Cagwin & Dorward will provide, labor acid materials.to perform the following: Scopel of work Perform landscape water audits on the•turf areas only, using Cal Poly's ITRC. Identify soil types and measure turf root zone depth'.at the audited valves. Af leasr(3) irrigation stations/valves-with like heads shall be audited. A summary report for each park shallbe supplied with overall condition'of the park turf, type, and irrigation system. Information_ about the irrigation controllers and sprinkler heads,shall be included asyell as recommendations for improvem_ ents to'1he irrigationsystem,land maintenance practices. ,Also a brief description of how and where water is being wasted and opportunities to save' I and/or reduce waste. Controller maps shall be developed for,each coritrolleron site, to include thedandscape area covered by the controller. The general'location of the,sprinklerheads and'valve number. For all'audited valves, the 1 precipitation rates and distribution uniformiiy.shall be included next to the'valvenumber. Also included will be irrigation schedules for each valveaested"using'Cal Poly's irrigation software program. Note:'The City of Petaluma shall have all repairs made to valves/stationsto be'audited prior to water.audit. Parks to be audited: 1. Lucchesi Park 2. Prince Park 3. Wiesman Park 4. Bond Park AMOUNT 2,183.00 1,646.00 i 1,560.00 450.00 Page t of 7 Total > TERMS & CONDITIONS THE FULL AMOUNT IS DUE AND PAYABLE WITHIN THIRTY DAYS OF THE BB.LCIG DATE., WHEN ACCOUNTS BECOME PAST.DUE AND COLLECTION BECOMES NECESSARY THE CUSTOMER W ILC BE RESPONSIBLE FOR BILLING OR SERVICE CHARGES. ATTORNEY FEES COURT COSTS; AND OTHER RELATED EXPENSES accTERMS AND CONDITIONS ACCEPTED HEREIN: eptance Date: By: Owncr Agen, for Owner QNR_0I 12A By: !_ �/J - )4-_ f, b61V-e i Bon Giordano. Irrigation Department Manager uotation'&.Agreement landscape contractors P.O Box 1600 Navato. Ca 94948' 1600 California State Contractors Lie #202399 City of Petaluma Attn: Ms. Lynn Hulme. . 22 Bassett Street Petaluma, California 94954 (415) 892-77,101 FAX (4 W 897-7864 Date: January,12,,2001 Job #/Name: NR/City of Petaluma Location: Petaluma, California Dept: 200 Nntrce: We will fumtsh equipment, materials and labor nemssiry to complete Ne work listed below. QUOTATIONS ARE SUBJECT TO CHANGE OR CANCELL'ATION,AFTER 30 DAYS.,A signed. Polly completed copy of Ius order must be returned ,o Cagwm & Durward PRIOR TO COMMENCEMENT OF WORK: - IIEVi DESCRIPTION AMOUNT ' Cagwin'& Dorward'will provide labor and'mateiials to;perforin the following: . 5. McDowell Park 400.00 It 6. Carter Field 475.00 7. Sunrise Park 8. Eagle Park 9. Glenbrook Paik 10. Meadow View Ouk 11. Casa Del Oro '12. Arroyo Park 13. Latercera Auk 14. Miwok Park 0 All additional oxork requested by the City of Petaluma shall be charged out at.$55.00 per hour above'and beyond stated'cosis for water audit. Note: Due to the unknown conditions and irregularities of underground repairs, this is an ESTIMATE ONLY. Work will be performed on'a time and,materials basis. 525:00 300.00 350.00 350.00 350:00 460.00 300.60 300.00 Page'2iof,2 - - _ Total'> . TERMS & CONDrflONS THE FULLAMOUNT IS DUE AND PAYABLE WITHIN THIRTY DAYS OF THE BILLING DATE. WHEN ACCOUNTS BECOME PAST DUE 'AND COLLECTION BECOMES NECESSARY•THE CUSTOMER WELL BE RESPONSIBLE FOR BILLING bR SERVICE CHARGES. -ATTORNEY FEES. COURT COSTS, AND OTHER RELATED EXPENSES ')TER kis AND CONDITIONS ACCEPTED HEREI.N: Acceptance Date: By: _ O nedAeen, IorO ncr QNR_01 I2A CAGW][N. & DORWARD By: Bob Giordano, -Irrigation Department=Manager �J • 9 cr P� U CC 65 Up 6 iA�' - i -- A [F Rv - -- ------- eo CAGWIN & DORWARD CONTROLLER UTILIZATION CHART �OB NAME : CAPE MARIN JOB NUMBER 20959 CONTROLLER TYPE: MC-18+ A DATE.1/1IV98 CONTROLLER LOCATION: ON CCNTROLLER I.D.: D CLOCK LANDING;LANE ACROSS FROM FLAGPOLE COURTYARD STATION d PLiNT,W,TERIAL ;AREA DESCRIFTION 1 TURF I CENTER ,ISLAND%LADDERMAN LANE r — . 2 . TURF CENTER,ISLAND /SECOND HALF 3. TURF WEST OF WALKWAY TO SHOPPING, CENTER 4. TURF I SOUTH OF:PATH BY PLAY AREA 5. I TURF EAST OF WALKWAY TO SHOPPING 6. TURF LAWN NORTH OF PLAYGROUND 7. SHRUB ALONG PATH FROM PLAYGROUND TO SHOPPING CENTER 8 SHRUB ALONG'FENCE,AT NORTH WALKWAYTO SHOPPING CENTER 9. SHRUB UNITS #2 THROUGH #18 MARK PLACE/EAST SIDE 10. +.SHRUB FRONT OF UNIT #30 /FRONT OF CONTROLLER 1 I I SHRUB I FRONT OF UNIT #35 THROUGH #57 AT LANDING LANE 12 SHRUB FRONTS OF.UNITS #14 THROUGH #31UP TO POC's -SOUTHEAST AND SOUTHWEST. 13 SHRUB CENTER ISLAND AT ESCALONIA HEDGE/FIREROAD. BOTH SIDES 14 SHRUB MARKPLACE WEST SIDE TO SOUTHWEST LADDERMAN 15 SHRUBFRONTS AND PORCHES OF UNITS #33 THROUGH #65 16 SHRUB FRONT OF UNIT #36 ALONG PATH'TO PLAYGROUND yq� HEADTYPE SPRAY SPRAY SPRAY 'SPRAY II I SPRAY" I+ SPRAY SPRAY SPRAY SPRAY it I SPRAY i SPRAY SPRAY SPRAY SPRAY SPRAY SPRAY 17 SHRUB FRONT OF UNIT #30 _AEON_ G WALKWAY SPRAY, TO PLAYGROUND 18 SHRUB MARK PLACE NORTHW: LKWAY SPRAY ALONG PATH'TO'PLAYGROUND 19 20 71 22 23 L2�_ _ - - F\FDOCS\FORMLM\CSTRL DOC Cagwin & Drorward 1 landscape contractors P.0 Box 1600 Novato, Ca 94948.1600 California State Convactom Lic #202399 John Stewart Cb . pnaies DD FYate: Attn: Ms. Sandra Jenson Job ri/Name: 1388 Sutter Street, 11t' Floor Location: San Francisco, California 94109 Dept: Quotation & Agreem d / (415) 892-7710 FAX (415) 897-7864 April 25, 2000, 20959/CaoeNarin Masters,Association Greenbfae,,Cali'fornia 200 Nodcc:' We -all fL=sh equipmenC rnatmils and labor necessary to complete the work listed below ;QUOTATIONS ARE SUBJECT TO CHANGE OR CANCELLATION AFTER'30 DAYS' A s.med, :fully completed copy, oftlds ardor must be renamed to Cagwtn & Dorward PRIOR TO COMNIENCE.bfENTOF WORK - ITEM DESCRIPTION. Cagwin &_ Dorward'will provide labor and materials to'perfohn the following: 1. 2. 3. 4. Valve 99, not coming on,by clock E Valve 10 no6coming on by clock E Station =16 at pool clock cap off (17) heads and change out (22) nozzles each. Also replace (6) 12",pop- up sprinkler heads. Station Tl clock K needs (15) new seals. Note: Due to unknown conditions and irreeulariii-mof underground repairs, this is an ESTL-yIATE ONLY. - Work will be performed on a time and materials basis. ez3z- �T AMOUNT 350.00 350.00 300.00 I5o.o0 Total'->- 51,150.00 TERMS & CONDMONS:THE FULL ANIOUNT IS DUE AND PAYABLE WITHIN THIRTY DAYS OF THE BILLING DATE. WHEN ACCOLNTS BECOME PAST DUE AND COLLECTION BECOMES NECESSARY THE CUSTOMER WILL BE RESPONSIBLE FOR BILLING OR SERVICE CHARGES, ATTORNEY FEES, COURT COSTS, AND OTHER RELATED EXPENSES. 'TERMS AND CONDITIONS ACCEPTED HEREIN .Sec/eptance Date: By: OwnerlAgent for owner Q20959 0425A CAGWN & DORWARD o By::yI�Y--�)17-h( rd,4IM i.�.Y.cz I500'Giano, Irriaatfon Manager 0 Pri3nted at 8:06 on,3/25/99, program' version: LANDSCAPE WATER MANAGER v1.4 Site Directory:,•tIckg Site'File: TURF Naive/Number .• -•Organization ress cry/State/Zip Contact/Phone / Location Weather Data - County-:Santa,Clara Location: San Jose Annual ETo: 45.50 Annual Rain,:.14.42 Controller_: Generic 8-8 Proaram: 1 Proaram Adjust': 100 STA STA NUM ADJ I JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2 100 11 14 18 17 17' 17_,,-:�:20 19 18 .19' 15 14 4 100 31 42 52 50 50 51 ,59 57 53 56, 43 40 ------------------------------------------------------------ Schedule Tvpe C14 C14 C14 :C1.4 •C14 C14 C14 C14 C14 C14 C14 C14 Days Per Period 2• 2 3 7 7 7 6 5 3 2 1 Cycles Per Dav 1 1 1 1,6 1 1 1 1 1 1 1 1 1 Controller: Generic 8-8 STA I STA I NUM ADJ JAN FEB 1 100 19 25 Schedule Type C14 C14 Days Per Period 1 1 es Per Dav 1 1 Controller: Generic 8-8 STA STA, i Proaram: 2 Proaram Adiust: 100 MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 47 45 35 35 41 51 40 50 26 12 ------------------------------- C14 C14 C14 C14 C14 C14 C14 C14 C14 C14 1 '2 3 3 3 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 Proaram': 3 Proaram Adiust: 100 NUM ADJ JAN FEB MAR APR 3 100 34 46 42•i 40 Schedule Tvpe Days Per Period Cvcles Per Dav u MAY JUN 38 38 ------------------------ C14 C14 C14 C14 C14 1 1 2 4 5 1 1 1 1 1 C_14 5 1 JUL- AUG SEP OCT NOV DEC 44 46 36 45 47 22 -------------- C14 CIA C14 C14 C14 C14 ,5 4 4 2 1 1 1, 1 1 1 1 1 0 LJ 9 INSURANCE REOUIREMENTS FOR CONSULTANTS l onsultant shall procure and maintain •for the duration` of the, contracT. insurance against claims for injuries to persons or damages to property' which may arise from or in connection with the performance of the work hereunder by the iConsult_ant,:his?agents, representatives; or employees. Minimum Scone of Insurance Coverage shall be at least as broad as: Insurance Services Office Commercial. General Liability, coverage (occurrence. form CG 0001). Insurance Services Office=form numberCA'0001 (Ed. 1/87) covering Automobile=Liability, code 1 (any auto). Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Consultant shall maintain limits no:less than: 1. General Liability: $500,000`per occurrence for bodily injury, personal injury and property damage. II Commercial General Liability. Insurance or'other form with a general aggregate limit is used, either the general aggregate limit shall apply separately,to'this project/locatiomor'the general aggregate limit shall be twice the required.occurrence limit. 2. Automobile Liability: $500,000 per.accident'for bodily injury and property damage. 3. Employer's Liability: $1,0003000 per accident for bodily injury or disease. Deductibles and Self -Insured Retentions nv deductibles or self -insured retentions must be, declared to and approved by the City. At ;the option of the y, either: the insurer shall reduce.or eliminate such deductibles or••self-insured retentions as respects the City, s officers, officials, employees and volunteers; or the Consultant-, shall procure a bond guaranteeing payment of losses and related investigations; claim administration and defense'expenses. Other Insurance Provisions The general liability and automobile liability policies are tocontain„ or be endorsed .to contain, the following provisions: - 1. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by"or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or- used' by the Consultant; or automobiles owned. leased, hired or borrowed by°the Consultant. The coverage shall contain -no special limitations on the scope of protection afforded to the City„its officers, officials, employees or volunteers. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of section 2782 of the'Civil Code. 2. For any claims "related to this.project, the Consultant's insurancecoverage shall be primary insurance as respects the City, its officers; officials, employees and volunteers. Any insurance or self-insurance maintained by the.City, its offrcers,,officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with if. 3. Any failure to comply with reporting,or other provisions'of the policies' including breaches of warranties shall not affect coverage:piovided to.the City, its -officers, officials, employees or volunteers. 4. The Consultant's• insurance shall.apply separately to each insured. against whom claim is made or suit is brought, except with respect to the limits.of the insurer's liability: 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by. either party, *reduced in coverage or in limits except after thirty (30) 1 days' prior written notice by certified mail, return receipt requested, has been given to the City. Fxhibit B I Page I oft Acceptability of Insurers Insurance is to be placed with insurers -with a current A.M. Best's rating of no less than A:VII, unless otherwise ,eptable to the.City. Verification of Coverase Consultant shall furnish the City with 'original endorsements effecting coverage ,required .by this clause. The endorsements are to be - signed by a person authorizea"by that insurer to bind coverage on _its behalf. The endorsements are"to be on forms provided by the City. All endorsements are to be. received and approveId,by the City .before work commences. As an alternative to the City'.s. forms, the Consultant,'s insurer may provide; complete, certified copies of all required -insurance policies; including. endorsements "effecting the, coverage required by these specifications. Exhibit B I Paee 2 of 2 6/1/00 RESOLUTION NO. ,N.1C..S. t of the City of Petaluma, California l 2 3 4 5 ... 6 7 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A s PROFESSIONAL SERVICES.AGREEMENT FOR FURNISHING'MATERIALS AND 9 SERVICES FOR THE LANDSCAPE.AND IRRIGATION SYSTEM INVENTORY to BOND PARK GIS PROTOTYPE WITH DENDRON LANDSCAPE. MANAGEMENT 11 CONSULTANTS 12 13 14 WHEREAS, the City of Petaluma recognizes that water is;an. essential and limited 15 resource; and 16 17 WHEREAS, the City of Petal una,has a 5-'year Capital Improvement Plan.(CIP) for is Water System Improvements hlc_fi'inchodes Project 9991'l fonwater conservation-, and 19 20 WHEREAS. the City of Petalurna has entered into a cooperative agreement with the j 21 Sonoma County Water-A-gency to fund,and:ddininister a Landscape Water Audit Program 22 in the Water CIP Project 49911 for water'conservation; and 23 24 WHEREAS, the City of Petaluma, has determined that conducting�an•extensive water 25 management program to,assist non-residential water customers with water conservation 26 and reducing peak water use is one of the strategies that_it Will - employ to achieve its 27 water conservation goals; 28 29 NOW, THEREFORE, BE IT RESOLVED "the Petaluma City -Council authorizes the City 30 Manager to enter into a professional services agreement -for furnishing materials and 31 services the landscape and irrigation system inventory Bond Park'GIS Prototype with 32 Dendron Landscape Management Consultants. Under the power and authority conferred upon this Coun6il.by, the„Charter of .said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) '(Special) meeting form m onthe ................... _...... day of .... _................ _.... ....... ......................... 1 19......... by the following vote: _ ............................_..... City Attorney AYES: NOES: 9�SENT: ATTEST: ....................... City Clerk CA 1065 coun=i Fila_-___.._....._ .R<s Na. ...... .......... N.C.S. Miyor 11 9 aPROFESSIONAL,SERVICES AGREEMENT .FOR' FURNISHING MATERIALS, ANWSERVICES"FOR THE.LANDSCAPE AND IRRIGATION.SYSTEMINVENTORY BOND PARK GIS MAPPING'PROTOTYPE PROPOSAL WITH.DENDRON LANDSCAPE MANAGEMENT CONSULTANTS (Title of Project) (Project Account 'Code No. 601-400-9931-7104) THIS AGREEMENT is made,and entered into this day of by and between the City dPetaluTha, -a Municipal Corporation and d,charter city (hereinafter referred to as "City") and Dendron Landscape Management Consultants, P.O. Box, 855, Stinson Beach,- California 949.70=0855. (hereinafter referred to as "Consultant'). The parties hereto enter into this Agreement for the purpose of Consultant providing professional services to City under. the,following terms and conditions: In consideration hereof,and the mutual, promises, contained herein, the parties agree as follows: 1. Consultant shall provide the,'services described in Exhibit "A" attached hereto and incorporated herein by refere_ncL.. 2A. City shall compensate Consultant for services rendered hereunder under the following terms: S2.000 at the end .of,bhase one. S2,000 at.the end.of.phase two, S2,000at the .end of'nhase three. :$2,00Wat'the end of Dhase four and $1,725 at the -end of phase five.. 2B. Notwithstanding any provision herein, 'Consultant shall not be paidany compensation until such time; as Consultant has ;on file with the City Finance Department current information requested,ow,the "Vendor Information" form available from,the City;. and has obtained a currently `valid. Petaluma Business 'Tax Receipt pursuant to the Petaluma Municipal Code. 2C. The Consultant `is also required to' have paid the ,appropriate business tax and have a currently`�valid,Petaluma Business Tax Receipt,pursuant.to the Petaluma Municipal Code. 2D. In no case shall the Total contract compensation exceed Ten Thousand Dollars ($10,000) without prior written, authorization of the City Manager.' Further, no7compensation for a section or work program component attached, with- a specific budget shall be exceeded without^prior written authorization of the City Manager.- With every monthly invoice, a brief'narrative shall beprovided by°Consultant along'wiih a revised"schedule of progress and supporting materials. 1 6i voa 3. Services performed by Consultant to City which. exceed those services described in Section 1 he -rein,, shall be considered "extra work." Extra work shall ;only be;performed by Consultant -upon prior written authorization of the City Manager. Consultant sliall be compensated for extra work afthefollowing rates: $125.00 per hour: 4. Use Section 4(a) or 4(b). (a) The term of this Agreement commences, on March 5: 2001. and ends on June30, 2002. However, either parry may terminate this Agreement upon providing the other party ten (10) days' written notice of such termination, given' in.the•manner' 'provided in Sections 6 and 11 herein. (b) Consultant shall commence work upon receipt of written direction to proceed, from City.. Consultant shall perform the work described herein, �in accordance with,thefollowing schedule: Service Comoletion.Date Is 5.. Consultant represents that: Consultant possesses distinct professional skills in performing said services.• City has, relied upon said, representations as a material endorsement to enter into, this! Agreement. Consultant shall, therefore, provide properly skilled professional ,and technical personnel to perform all services under this, Agreement. It is farther understood and agreed that Consultant, Including his/her agents and employees.: is. .not an agent or employee of.the City, but rather, solely responsible for his/her acts and omissions: Consultant has',full control, over•the means and methods of performing said' services, and Consultant understands that said services are ,being performed ,as an independent Consultant. Nothing in this Agreement shall In anyway be, construed to constitute the Consultant, or any of its agents or employees; as an •agent, :employee or representative of the City. 6. Termination. This Agreement.mav be terminated or•suspended by`,the Citv,upon ten (10) days''.written`noiice. Said noiice�Vill be'commenced by the City Manager. Upon receipt of such notice, Consultant slLll immediately stop all work in process under this Agreement, In the event the.City;delivers,�the Corisultant.shall be entitled to.payment for all services performed to date, of;termination•to the extent they were actually.perforfned in -accordance .with this Agreement. tiuoo 0l 7. Consultant shall perform With his/her; own organization, tall work specified and required in this Agreement. No assignmentor trn ansfer in whole:oHpart=of this Agreement shall be made without the written consent:of the City. 8. Consultant may retain or subcont_tact for the servicesof other necessary consultants, with the written approval of City. Any, such subconsultants; shall comply, to the extent applicable, with°the terms and conditionsW this Agreement and,all of the obligations and duties imposed upon the Consultanf hereunder. 9. Consultant agrees to fully eonlplywith all appropriate local, "city, state and federal laws, regulations and 'ordinances governing performance of contractual' services required hereunder, in accordance'with professionals' standards ofeare. 10. During the .performance, of, this Agreement;. Consultant will, not discriminate against any employee or applicant for employment because of race; •religion, creed; color, national origin, sex or age. Consultant `shall take affirmative action to ensure that applicants are employed, and that, employees are, treated during employment, without regard to their race, religion, creed, color, national origin, sex or age. 11. All notices required or ;permitted by this Agreement, including notice of change of address, shall be in writing,and given by personal delivery or sent by United States Mail, postage prepaid and addressed to the parties intended' to be notified. Notice shall be deemed given as of"the date of delivery in person of�as,of tlieadate deposited in any post office or any post office box regularly maintained by the United States Government. Notice shall be given as follows: City: CityClerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Telephone:' (707) 778-4360 Consultant: Richard Reasoner Dendron Landscape Management P.O.'Box'855 Stinson.Beach, CA 94970 Telephone: (415)868-0479 12. All bills shall,be-sent to the designated project contact person on a monthly basis or upon task completion;, whichever is appropriate. Bills .will be checked by said contact person for compliance with the provisions of this Agreement.and, then forwarded to "Accounts Payable." City shall endeavor to make payment of said bill within thirty (30) days of receipt. 3 b/1/0D 13. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall -be the property of City and may not be used by Consultant without the consent of City. Copies of such documents or papers shall not be: disclosed to others without the written consent of the City Manager or his designated representative. 14: Consultant hereby covenants and agrees to, and shall, indemnify, save harmless and defend, the. City of Petaluma, its agents and/or employees against all claims, demands, costs, and liabilities for damages of any kind or nature including, but not limited to, damages for death -or injury to any person (including Consultant's employees and agents) or damage or destruction to any property of either party hereto or third persons in any manner arising out of or occasioned by Consultant's performance. of its obligations pursuant to this Agreement whether or not there is a contributing act or, omission or concurrent, passive or, active, negligence or,otherwise on the part of the City, except those claims arising from the established active sole negligence or sole willful misconduct of the City or the City's employees. The City may retain so much of the money due Consultant as shall be considered necessary, until disposition_ has been made of claims or suits for damages as aforesaid. 15. Insurance. -See "Insurance Requirements for Consultants" in Exhibit B1 or B2 attached. hereto and incorporated herein by reference. Please check and initial exhibit to be incorporated: Exhibit B1 Y Exhibit B2 16. Amendment. This Agreement may be amended, provided said amendment is in writing and signed by both parties. 17. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City; agrees to testify therein at a reasonable and customary fee. 18. This Agreement constitutes the entire agreement between the parties. 19. Breach. City reserves the right to terminate,this Agreement immediately in the event.of a breach by Consultant. It is further understood and aureed that in the event of a breach of this Agreement by Consultant, in addition to all other remedies, penalties and damages provided by law, City may provide such services or retain another consultant to provide such services, and deduct from the amounts due or to become due to Consultant the actual costs to City to provide or obtain such services. 20. This contract is the product of negotiation and compromise on the partof both parties -and • that the parties agree, notwithstanding Civil Code section 1654, that in the event of 4 6/1/00 uncertainty, the language isnot to be construed against the party causing the uncertainty to exist. 21. Anmlicable Law. Each party's performance hereunder%shall comply with all applicable laws of the United States of America„ the State of California, and the City of Petaluma. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma: If any part; .term or provision of this Agreement shall be held void, illegal; unenforceable; or in conflict,witfi any law of the federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions; shall n6t'be affected thereby. . 22. Non -Waiver. The City's failure to enforce any provision of -this Agreement or the waiver thereof in a particular, instance shall not be construed'as a general waiver of any part of such provision. The provision shall remain in.full force and effect. -23. Severability. If any term or portion of this Agreement is held.to be invalid, illegal, or otherwise unenforceable by°a_court of competerit jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 24. Mediation. The parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the'costs of mediation equally. 25. Consultant's Books and Records. - A. Consultant shall .maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services,j or expenditures and disbursements charged to the City for a minimum period .of three (3) yearsor for any longer period required by law, from the date of final payment to Consultant pursuant to,thi s, Agreement. B. Consultant shall maintain all documents. and records, which demonstrate performance under this Agreement for a minimum period of three (3), years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any, records or documents required to be maintained pursuant to this.Agreement shall be, made'available,for'inspection oraudit, at any time during;regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers., Copies of such documents ,shall be provided to the City for inspection at Petaluma. City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's addressindicated for receipt •' of notices in this Agreement. D. Where City has reason.to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's 5 6/1100 business, City may, by written -request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall., Access to such records and documents ,shall be granted to any .party authorized by Consultant;- Consultant's, representatives, or Consultant's successor in interest. IN WITNESS WHEREOF, .the parties hereto; have. executed .this document the,day, month and year first above written. CITY OF PETALUMA CONSULTANT City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Head' APPROVED: Risk Manager APPROVED: Finance Director Title P:O. Box 855 Address Stinson Beach City CA 94970 State Zip Taxpayer I-.D. Number Petaluma Business Tax Receipt Number u ' 6 b/ 1 /00 City of Petaluma. Landscape IIrrigation System Inventory Bond Park .GIS Mapping, Prototype Proposal Proposed by: Dendron,Landscape Management Consultants P. 0. Box 855 Stinson Beach, CA 94970-0855 415-868-0479. January 23, 2001 �GIS Prototype Overu efv This project proposes creating a Geographic Information, System (GIS) prototype to map and inventory all components of the City's parks. 'While its primary purpose is to identify all-factors,thataffect water use at Bond Parkland to gather pertinent technical data„the projecYhas been expanded to include other park features such as lighting, paving, benches. and -other park features. The intent of the prototype is to determine park features to be mapped and inventoried to improve irrigation management efficiency, provide staff training.on ho-,yto inventory the landscape, create computer programs for capturing field data, andto develop methodologies for analyzing;and updating, park data. i • • 3 qN J�) Implementation Phases= Phase 1— Existing Data Review ($2,000) Meet with staff to: 1. Review and receive digital'orthophoto, GAD files, landscape plans, andlany as - build drawings that may, be availablei. 2. Establish protocols for coordinating the-projectwith the Ci'ty.ofPetaluma's IS Department. 3. Determine relevant file, structures and,data to be included in the prototype. 4. Review Bond Park to determine specife irrigation components_ to.be.inventoried and the, attributes to be,captured. Determine other park components and their attributes.that may be inventoried by`, staff,during-the fiel"d.'inventory phase and incorporated into the project. Phase 2 — Create Prototype G1S Mapping Progeam and Database ($2,000) Using the data;provided bythesCity, create a Bond Park Base Map, using ArcView' .� 3.2, a database with tables and forms, using MS Access, and paper forms for gathering field data. Phase 3 — Staff Training /'Invoivemenf($2,000) Meet with staff to providein-house_ training on the:"how's and why's" of landscape and irrigation component inventorying and a practical `hands-on, "learn -by -doing" session. Provide three (3) copies of the Bond Park Base,Map and forms to be used in capturing field data. Phase 4 — Landscape & Irrigation. System, Attribute Inventorying ($2,000) Meetwit_h staff at -Bond -Park to conduct a thorough landscape and irrigation component.attribute invemory;gnd to assist,staff in capturing,attribute data. Provide oversight in using the paper, forms to capture the data and the opportunity for staff to. enter data in the field using the Access database. During the,inventory, flow data for each zone will be determined. The; total zone irrigation area will also be, mapped, The GIS will then be used to determine the square footage of the zone. The square footage and flow data will be used in calculating precipitation rates foreach zone. Note: Flow data can be linked to irrigation schedule/programslo determine estimated .j water use and provide a baseline for more closely monitoring actual use. ��� Phase 5 — Final Report ($1,725) A final report will be provided at theconclusion of the.project. The report will include: 1. A map;of the. park showing the location of each component inventoried. 2. Each°map will have an accompanying data table listing its captured attributes (for example, a Bond: .Park Valve Map, showing the location of all"(known) valves, with:attributes such assize, make. models,.etc.). Three bound copies and one original ;(unbound) copy will be provided. 3. One Jpg" file of each of the ihventoried_component maps. 4. One copy of the,ArcView 32projectfile used to create the maps. 5. One copy'of the.MS Access file used to capture field data. 6. Arecommended procedure_ forinventorying additional parks andkeeping inventories updated. Schedule /Fee The entire project would take approximately eight to twelve weeks, to complete. The - .) cost would'be $9,725. INSURANCE REOUIREMENTS FOR CONSULTANTS, consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages. to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, or employees. Minimum Scone of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $500,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $500,000 per accident for.bodily injury and property damage. 3. Employer's Liability: S1;000,000 per accident for bodily injury or disease. Deductibles and Self -Insured Retentions 'y deductibles or self -insured retentions must be declared to and approved by the City. At the option of the h, either: the insurer shall reduce.or eliminate, such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City: its officers, officials, employees or volunteers. Coverage shall not extend to any indemnity coverage ,for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of section 2782 of the Civil Code. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City; its officers, officials, employees and volunteers: Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply withreportingor other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4. The Consultant's insurance shall apply separately to each, insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. • 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Exhibit D 1 Page 1 of 2 6/ 1 /OU Accentabilitv of Insurers Insurance is to be placed with insurers with a current A.M `eptable to the City. Best's rating of"no less than A:VII, unless otherwise* Verification of Coveraee Consultant shall -furnish, the City with original, endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage„ on its behalf.. The endorsements are to be on forms'provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer -may provide complete, certified copies of all. ,required insurance policies, including endorsements effecting- the coverage required by these specifications. is • Exhibit B l Pa.zr2.of 2 6/I/0o Cl 4) 9) 0 0 RESOLUTION NO. 5, t of the City of Petaluma, California 2 3 4 5 6 7 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A s PROFESSIONAL SERVICES AGREEMENT FOR FURNISHING. MATERIALS AND 9 SERVICES FOR PROMOTING THE PETALUMA WATER CONSERVATION to PROGRAM WITH'THE`WALKER.GROUP 11 12 13 WHEREAS, the :City of Petaluma, recognizes that water is an essential and limited t4 resource; and 15 16 WHEREAS, the City of Petaluma,has a• 5-year Capital Improvement Plan (CIP) for 17 Water System Improvemenfs which'includes Project #9931 for water conservation; and 18 19 WHEREAS. the City of Petaluma has entered into a cooperative agreement with the 20 Sonoma County Water Agency to fund and administer a Water, Conservation Program in 21 the Water CIP Project #9931 for --water conservation; and 22 23 WHEREAS, the City of Petaluma has determined that conduciing;an extensive water 24 management program to assisfwater,custoniers with water conservation and reducing 25 peak water use is one of the strategies that it will employ, to achieve its water 26 conservation goals; 27 2s NOW, THEREFORE, BENT RESOLVED the Petaluma'City'Cou_ncil authorizes the City 29 Manager to enter into a professional services agreement for_furnishing materials and 30 services for promoting the e Petaluma Water Conservation -Program'with The Walker 31 Group. 32 Under.the.power and authority conferred upon this Council' by the'Charter, of;ssid City. REFERENCE: I hereby certify the foregoing Resolution waa'i. troduced and: adopted by the ,Council of the City of'Petaluma at a (Regular) (Adjourned) '(Special) meeting onthe ........- ................ day of .. ....... __................. ...................... :...... 19........ by the following -vote: AYES: �OES: . '4SENT: ATTEST: ....................... City Clerk CA LO 85 Cbuaca 01L _.__ _—..._.._ Rn.�Na. ........................ NAS., Mayor Approved as to form _....................------........._..... City Attorney 0 0 0 Pi20FESSIONAL, SERV ICES. AGREEMENT FOR r — FURNISHING MATERIALS.AND'SERVICES FOR PROMOTING THE PETALUMA. WATERTONSERVATION'PROGRAM WITH THE WALKER GROUP (Title'of Project) (Project Account Code No. 602-400-9931-7104) THIS AGREEMENT is madeand entered into this day of by and between the City of Petaluma, a'Municipal. Corporation and a charter city, (hereinafter referred to as "City") and The 'Walker. Grouu, 3900 Rolling .Oaks Road. Santa Rosa, California, 95404, (hereinafter referred to, as"`Consultant"). The parties hereto enter into this Agreement -for the purpose ,of"Consultant._providine,professional services to City under the following terms'and_conditions: In consideration hereof and the mutual promises, contained herein, the parties agree as'follows: I. Consultant shall provide ,the services described 'in Exhibit "A" attached hereto and . incorporated hereinby reference. 2A. City shall compensate Consultant for services rendered hereunder under the following terms: listed in Atfachmerit A. 2B. Notwithstanding any provision herein, Consultant shall not .be paid any compensation until such time as Consultant has .on file with, the City Finance Department current information requested_ on"the "Vendor Infomiation"'form;ayailable from the City, and has obtained a currently valid,Petaluma Business Tax Receipt pursuant to the Petaluma Municipal Code. 2C. The Consultant is also required to have paid thel appropriate business tax and have a currently valid Petaluma -Business; Tax Reeeipt:pursuant to the"Petaluma Municipal Code. 2D. In,no case; shall the, total, contract compensation exceed ,Six _Thousand Four Hundred Dollars (S6400) without ,prior written authorization of the City, Manager. Further, no compensation for assection or work program component, attached, with a specific budget shall'be exceeded without prior written authorization of the City Manager. With every monthly invoice, a brief 'narrative shall be provided by Consultant along with a revised schedule of progressland,supporting materials. �1 3. Services performed by Consultant to City which exceed those services described in Section 1 herein, shall be considered `extra work." Extra work shall only be performed 611100 by Consultant upon prior written auth6rization of'the City Manager. Consultant shall be • compensated for extra work at;the,following rates: $75.00 Der hour. 4. Use: Section 4(a) or 4(b). (a) The term,of this Agreement commences on March 5, 2001..and ends°on.dune30, • 2002. However, either party may terminate this Agreement upon, providing the other party ten (10) days written notice of such termination, given 'in the e manner provided in Sections 6 and I 1 herein. (b) Consultant shall• commenee work upon receipt; of written direction to proceed from City. Consultant shall perform the work described herein; in,accordance with.the:following schedule: Service Completion Date 5. Consultant represents that Consultant possesses distinct professional skills'in performing • said services. City has relied upon said representations as a material endorsement to enter into thiss', Agreement. 'Consultant shall, therefore, 'provide •properly, `skilled professional, and technical personnel to°perform all, services. under this Agreement. It is further understood and agreed thatConsultant, including'his/her agents and employees;_ is not an agent, or erriployee'of the City, but rather solely responsible for his/her'•acts and omissions. Consultant has full control, over the means and methods of'performing• said services, and Consultant luffiderstands that ,said services are being performed' as an independent Consultant. Nothing in this Agreement 'shall in any way be construed to constitute the Consultant, or any of its agents or employees, as an agent, employee `or representative of the City. 6. Termination. This Agreement may be tenninated'or suspended by the City upon ten (10) days' written notice.. Said, notice will be commenced -by the City Manager. Upon.receipi of such notice', Consultant -shall immediately stop all work in process under. this Agreement. Inthe:event the City delivem'the"Consultant shall be entitled to payment for all services performed to date of termination to the extent they were actually performed in accordance with this Agreement. 7. Consultant shall perform with his/her own organization, all work',specified and required in this Agreement. No assignment or transfer in whole or in part of this Agreement shall be made without the written consent of the•City: •� 8. Consultant. may retain or subcontract for the services of other necessary consultants, with the, written approval of City. Any such subconsultants shall comply, to the extent applicable; with the terms and conditions of this Agreement and all of the obligations and duties imposed upon the Consultant hereunder. 9. Consultant. agrees to fully comply with, all appropriate local, city, state and federal laws, regulations . and ordinances <goveming performance of contractual services required hereunder„in accordance with professionals' 'standards of care.. 10. During the performance of this Agreement, Consultant will not discriminate against any employee, or applicant for employment because of race, religion, creed, color, national origin, sex or age. Consultant shall,aake affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, sex or age. 11. All notices required or permitted b}' this Agreement, including ,notice of change of address, shall be in writing; and given by personal delivery or sent by United States Mail, postage prepaid and addressed to the parties intended .to. be notified. Notice shall be deemed given as of the date: of, delivery in person or as of'the date deposited in any post office or any post office box regularly maintained by the United States Government. Notice shall be given as follows: City: City Cterk CityroQ .Petaluma Post Office Box 61 Petaluma, California 94953 Telephone: (707) 778-4360 Consultant: Mr. Rob Walker The Walker Group 3900,Rolling Oaks Road Santa Rosa, CA 95404 Telephoner (707) 538-4088 12. All bills shall;be�sehtto, the designated project contact person on'a monthly basis or upon task completion;•whichever is appropriate. Bills 4111 be.,checked'by said contact person for compliance with the. provisions of this Agreement and then, forwarded. to "Accounts Payable.'-' City shall, endeavor to make payment of said bill within thirty (30) days of receipt. 13. All original, papers, documents or computer material on diskor microfilm, and copies thereof. produced asa result of this Agreement, shall be the property of City and.may not be used by Consultant without the consent of City. Copies of`such documents or papers •) shall not bedisclosed', to others without the written consent of the City Manager or his designated representative. 6ivoo C� 14. Consultant hereby covenants and. agrees to, and 'shall, indemnify, save harmless and defend, the City,of Petaluma, its agents and/or employees against all claims, demands, costs, 7and liabilities for damages of any kind or nature including, but,not,aimited to, damages for death_ or injury to any person (including Consultant's employees and agents) or,damage or destruction to any property of either party hereto or third persons in any manner arising out of or occasioned by Consultant's performance of .its obligations pursuant to this Agreement whetheror, not there is a contributing act or, omission or concurrent, passive or active: negligence or otherwise!ori'the part of the .City,, except,those claims arising- from the established' active sole negligence or sole; willful misconduct of the City, or the City's employees. The City may retain so much, of'the: money due Consultant as shall be considered necessary. until disposition has been made,of claims or suits for..damages as aforesaid. 15. Insurance. See "Insurance Requirements for Consultants" in Exhibit B1 or B2 attached hereto, and .incorporated herein by reference: Please check and initial exhibit;.to be incorporated: ' Exhibit B1 X Exhibit 132 16. Amendment, This Agreement may be' amended, provided said amendment is in writing and signed,by both parties. 17. If litigation ensues: which pertains to the subject matter of Consultant'''s services hereunder, Consultant, upon request from City, agrees to testify therein eat a reasonable and customary fee. 18. This Agreement, constitutes the entire agreement between the parties. 19. Breach. City reserves theright to terminate this'Agreement irnmediately in'the event of:a breach by Consultant. It is further understood and agreed'that in the event of a breach of this Agreement by'Consultant, in addition to all other remedies, penalties and damages provided by law;'City may provide such services, or retain',; another consultant to provide such services, and deduct from the .amounts due or to become due to Consultant the, actual costs to City to,provide,or obtain such services. 20. This contract is the product of negotiation and compromise on the part of both parties and that the parties agree, notwithstanding Civil Code section 1654, that in the event of uncertainty, the language is not to be construed against the party causing the uncertainty to exist. 21. Applicable Law. Each party's performance hereunder shall comply with, all applicable • laws' of the_ United States of America, the State of California, and the City 'of'Petaluma. 4 anion 01 This Agreement shall be enforced, and interpreted under, the laws of the State of California and the City of Petaluma. 'If any part; term or provision of this Agreement shall be held void, illegal, unenforceable,'or in conflict with,any law of the federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby. 22. Non -Waiver. The City's failure to'enforce any provision of this Agreement or the waiver thereof in a particular. instance shall not be construed 'as a general waiver of any part of such provision. The provision shall remain in full force and -effect. 23. Severability. If any term or portion ofthis Agreement is 'held to be invalid, illegal, or otherwise unenforceablerbya.court of competent jurisdiction, the remaining provisions of this Agreement shall continue infull.force and effect. 24. Mediation. The parties agree to make a good faith 'attempt to resolve any dispute arising out of this Agreement 'dir"ough mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 25. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, andother records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the.City for a minimum period of three (3) years or for any longer period, required by law, from the date of.final payment to Consultant pursuant,to this Agreement. B. Consultant shall maintain all documents ,and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the.'dafe' of„termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for,inspection or -audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated ;representative of these officers: Copies of such -documents shallbe; .provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records:,shall be available at Consultant's address indicated for receipt of notices imthis Agreement. D. Where City'has reason to believe thatsuch 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 IN WITNESS, WHEREOF, the parties hereto have executed. this document the day„ month and year first above written. CITY OF PETAfUMA CONSULTANT City Manager ATTEST: City Clerk APPROVED AS TOYORM: City Attorney APPROVED: Department Head APPROVED: Risk Manager APPROVED: Finance Director profess (fmk) S Title 3900 Rollins Oaks Road Address, SaritaRosa CA Cite State Taxpayer I.D. Number Petaluma Business Tax Receipt .Number, 95404 Zi'p r 6 6/1/00 FROt1'c: OPLKEP GRbCO INC PHONE NO. 707 539 4910 .Jan. 15 2001 12:24PM P2 THE WALKER GROUP P.O. BOX '14,429 SANTA ,OSA,, CA 95402 PRODUCTION ESTIMATE :lient: Sonoma County Water _Agency Datee'01/15/O1 !ob Description: ,. .. iption-:-_Produce fl')-,duplicate: _, Job: No::.•TBD - _ .- c e .. - bus back card per 6 designs contracted. ----= ----.- ---' ' .' - 'Cost Estimate * Planning and Contact..,....,. Copy......................... .Rough Layout,........ . Comprehensive Layout......... Type Specification.......... Illustrations ............... Photography ...............:. Photo Prints ...... I......... Retouching ............... . * Reproduction Typography. Photostats .................... Mechanical Art and Assembly. Plates and tallation................ * duction .................. k \. ........... ,....... installation ............. .. o Shipping .................. Sub Total.......... ..... Sales Tax on $ 1800.60 ESTIMATED TOTAL .............. vency The Walker Group 'Ry Notes S Produce 1 additional bus back of contracted 6 S designs totaling 6. Cost_'incltides production on-ly, no design. Y S300/per .bus vinyl Size: 19 7/8" x 43 7/8" S S S 5C l.'800.00 V S 5 $ 1 R00.00 S 135:,00 $ 1.435.00 CLIENT'S APPROVAL Datp The agency is hereby authorized to':prgpare the material.described above. It is understood that estimates are subject to revision a'fter,60 days: It is further unders,tood that prices shown 'herein, are estimates, and that the final pricer exclusive of client -authorized alterations,'. shall- not exceed the estimated price by more than '10�. It is further understood that charges for this work will be mailed monthly as they accrues that invoices wild be due and payable no later than ,the 10th.of the month following the date of invoice; that interest at 1, 1/2 :per month.will.bLn charged on accounts more than 30 days past due, retroactSve to the due date; and' that any legal costs, including attorneys" fees, incurred by the agency -in ,col.l'ecting the charges authorized herein, wi'11'be borne by the cl-,ient. 'C,* t By Da t p FROM : WALKER GROUP INC PHONE N0. : 707z539 4910 Ian. 15 2061 12:25PN P3 THE WALKER GROUP P.O. BOX 14429 SANTA "ASA, CA 95402 PRODUCTIONESTIMATE aient: Sonoma County Water.Agen'cy Job Descriptipn:'Design `and produce, Imprinted T-shirts ----=� Cost Estimate Planning and 'Contact...:,.,...,. Copy..,_. - ........-........ Rough Layout ................ Comprehensive Layout........ " Type Specification.,:,,...._.... * Illustrations ............. " Photography.. _ ,.......... • Photo Prints ............. .. ' Retouching.. ' Reproduction Typography,,... * Photostats ............... *Mechanical Art and Assembly. ' Plates and Pilm......... Installation.:,. ............... * P">ductiOn'.................. * -out .................... .. Installation :............... Shipping ... ... - . ..... Sub Total. * Sales Ta`x'oa-$ 2212.50 ESTIMATED TOTAL..; ........... Date: 01115f0l ._Job No.-.TBD:' Notes 75,:00' T-Shirts: Fabric: 50/.50, white. Imprint! Front.(21C) Back WC) Qty. 250 $ 225.00 $ S I.912.50 S S $-_ 110.,00* $J 2. 322.50 $ 165.94,. $ 2, 476F Agency The Walker GroGp 9v7_ CLIENT'S APPROVAL *Shipping is estimated., Datp The agency ins hereby''authorized to prepare the material described above. It is understood,ihatrestimates,are subject to revision after 60 days, It .is further understood that prices shown *here in.:.are estimates, and,that ttfe=final price., exclusive-c'f client -authorized alterations, shall not exceed the'' estimated price by more, than 10%.. 'It is further understood that charges, -for this work will -'be mailed. monthli' y is they accrue; that,invoces.will be due and payable no later than the;20th'of, the month following the date of invoice; that interest at,Will 1/2 per month be. charged on accounts more than 30 days past due, retroactive',to.the-due date; and 'that any legal costs, including attorneys.' fees, incurred by the agency in -collecting the charges authorized herein, will be borne by the client. Client B) Date • C� .From WRL-KER LaROUP INc PHONE IJO. 707 539 4910 Tan. lb 2001 12:25PM P4 THE WALKER GROUP P.O. BOX ,14429 SANTA " SA, CA 95402 PRODUCTION ESTIMATE iient: Sonoma County water Agency' Date: 01/15/01 ,b -DQsc _i tioes n: Di n and produce Job' No TbD 12"-.x .15"patch- Cost Estimate Planning and Contact........ Copy ........................ Rough Layout .............,... Comprehensive Layout......... Type Specification.......... Illustrations ............... Photography ................,. "Photo Prints ................. Retouching... .........111 ... Reproduction, Typography.., -- Photostats.. ............. Mechanical Art and Assembly'. F Plat -es -and Film.......... 0�tallat ion... ......... uction ...I......... -out ..................... Installation ................ Shipping ................... Sub Total... .-. ......... T Sales Tax on $ 1760.00 EST?MATED TOTAL........ ...•. Agencv The Walker Grourn Notes S '80.00 bags: Site: 12" x 15" white $ 60.00 Color. 1/.1 (blac,k) Design: Side/l - Hot Summer Days Side/2 - Water at Night 6 Qty - 3000 $ 1.60.00 c 25'5.00 S 3,205.00 $- 65.00* $ 1,825.00 $ 132.00 $ 1:.957.00 tv CLIENT'S APPROVAL *Shipping: Estimated weight is 78 lbs. Cost is estimated and may vary. Date The agency is hereby authorized to prepare the, material described above. It is understood that estimates are subject to revision after 60 days. It is further understood that prices shown herein are estimates, and that the final Write, exclusive of client=authhorized:alterations, shall not exceed the estimated price by more than 108. It is further understood that charges for this work will be mailed monthly as they accrue; 'that invoices will be due and payable no late r.than the 1'0th'ofthe month following the date of invoice; that interest, at 1 112 per month will be 'charged on accounts more than 30 days past due, retroactive to the due date; and that any legal costs, including attorneys' fees, incurred by the agency in collecting the charges authorized herein, wi'll,be borne by the client. C Wt By 'Date INSURANCE REOUIREMENTS FOR CONSULTANTS • consultant shall procure and maintain for the duration of the contract insurance against" claims for injuries to persons or damages to property which may, ,arise from or in connection with the performance of the .work hereunder by the Consultant, his agents, representatives, or employees. Minimum Scope of Insurance Coverage,sh"all.be at -least asbroad as: Insurance,ServicesOfftce Cornmereial.General Liability, coverage (occurrence,form,CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). Workers' Compensation insurance as required" by the State of California and "Employer's Liability Insurance. Minimmn Limits of Insurance Consultant shall maintaiiilimits no less than: 1. General Liability: $500,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other'form with a general aggregate, IiImitis�used, ;either the general aggregate limit shall apply separately'to this project/location or the general .aggregate:limit shall be twice the required occurrence limit. 2. Automobile Liability: '$500;000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily, injury or disease. Deductibles and.Self insured Retentions y deductibles or self-ihsured retentions must be declared to-, and approved by the City. At the option of"f1a y, either: the insurer shall reduce.or eliminate such deductibles or self -insured retentions as respecfs,the Cit}MMF itsofficers, officials, employees and volunteers: or the'Consultant shall procure a bond guaranteeing payment of lossesand related iiivestigations, claim administration and defense. expenses. Other Insurance Provisions The general. liability and automobile liability policies ,are to contain, or be endorsed to contain, the. following provisions: ' 1. The City, its officers, officials, employees and volunteers are to be covered as insureds 'as respects: liability arising out-of'aetivities.performed by or on behalf of the Consultant; products and, completed operations of the Consultant; premise's owned, occupied' or used by the Consultant; or automobiles owned, leased„ hired or, borrowed by the Consultant. "The; coverage shall contain no,special limitations on the scope of protection afforded to the.Cdy, its officers, officials, employees or volunteers. Coverage shall not extend to ,anv indemnityy coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid, under subdivision,(b) of section 2782 of the Civil Code:, 2. For any claims related to-,this.project; the' Consultant's' insurance coverage shall:be primary insurance as respects the City, its officers, officials, employees and voltmteers. Any insurance or self-insurance maintained by the City, imofficers."officials, employees or volunteers shall be excess of the Consuliam's- :insurance and shall not contributewith ii. • 3. Any failure to comply with reporting or other provisions of,tle policies including breaches of warranties shall not affect coverage provided to the,City'. rtslofficeis, officials, employees or volunteers. " 4. 'The Consultant's'insurance shall apply separately to each insured against`whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. 5. Each insurance policy required by this. clause shall be endorsed to state that coverage, shall not be. suspended, voided, cancelled, by either party, reduced in coverage or in limits except after thirty (3� days' prior written notice by certified mail, return receipt requested, has been given to the City. Exhibit B I. Page. bof 3 6/ 1 /00 Acceptability of Insurers Surance i?! to:be placed withc insurers with a current A.M. Best's rating of ho;less than A:VII, unless otherwise Ipptable to the City. Verification of Coveraae Consultant shall. furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed, by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to^be on forms provided by the City. All endorsements are to be received and approved by the City before' work commences. As an alternative to the City's forms, the Consultant's ;insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these.specifications. Exhibit B 1 Pace 2 of 2 i i i 4 9 D RESOLUTION NO. N.C.S. of the City, of Petaluma, California 3 4 5 6 7 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A s PROFESSIONAL SERVICES -AGREEMENT FOR FURNISHING MATERIALS AND 9 SERVICES FOR THE INDUSTRIAL WATER EFFICIENCY PROGRAM to DEVELOPMENT WITH PACIFIC TECHNOLOGY ASSOCIATES 12 13 WHEREAS, the City of Pefaltuna recognizes that water is an,essential and limited 14 resource; and 15 16 WHEREAS, the City of Petalumahasa 5'-year Capital Improvement, Plan (CIP) for 1-7 Water System Improvements which includes Project 49931 for water,conservation: and is t9 WHEREAS, th&City of Petaluma has,entered into a'cooperatiye agreement with the 20 Sonoma County Water Agency to fund and administer a Water Conservation Program in .j 21 the Water CIP Project #9931 for water conservation; and 22 23 WHEREAS, the City of Petaluma has determined that conducting;an extensive water 24 management program to assist water customers with water conservation and reducing 25 peak water use is one of the strategies that it will employ to achieve its water 26 conservation goals; 27 28 NOW, THEREFORE, BE IT RESOLVED the Petaluma,City Council authorizes the City 29 Manager to enter into a professional services agreemenvfor furnishi n a. materials and 30 services for the industrial water efficiency program development with Pacific Technology 31 Associates. 32 Under the,power and authority conferred upon thixCouncil`by the Charter of said City. REFERENCE: I hereby certify the.foregoing.Resolution was, introduced and adopted by the Approved as to Council of the City�of Petaluma at a (Regular) (Adjourned) (Special) meeting form onthe........... ............... day of ..:....:....--..............--'-.............. ........... J9........ by the following vote: ..........(y....... ty, Attorney AYES: OES: ,SENT: ATTEST: .................... City Clerk CA 10 85 COUDMI Rea Nu ....... ........ ... NC.5. i i w 0 .. 0 • PRQFENSIONAL SERVICES, AGREEMENT For INDUSTRIAL WATER EFFICIENCY PROGRAM DEVELOPMENT WITH PACIFIC TECHNOLOGY ASSOCIATES (Title of Project) (Project Account Code No. 602-400-9931-7104) THIS AGREEMENT is made and entered into this day of by ,and between the City of Petaluma, a Municipal Corporation and a charter city (hereinafter referred to; as "City") and Pacific Technology Associates,..210 Fourth Street, Suite B. Petaluma, California 94952, (hereinafter referred to as "Consultant''). The parties hereto enter into this Agreement -for the, purpose of @onsultarit providing professional services to City under the followine,terms and conditions: In consideration hereof, and the mutual promises, contained herein, the parties agree as follows: 1. Consultant shall provide. the services described ,in Exhibit "A" attached hereto and • incorporated herein by reference. 2A. City shall compensate, Consultant for services rendered _hereunder under the following terms: S3,600 at the end -of task.one.,S14.640 at,the end"of task two, $13,640 at the end of task three. $2,960 at the end of task"four, 59,500 at the eud of task five, and $5,600 at the.end of task76:. 2B. Notwithstanding any provision herein, Consultant .shall not be paid any compensation until such time as. Consultant has on file with: the City Finance Department current information requested on the "Vendor Information" form available, from the City, and has obtained a 'currently valid Petaluma- Business Tax Receipt pursuant to the Petaluma Municipal Code. 2C. The Consultant; is also required to have. paid the appropriate business tax and have a currently valid_ PetalumaBusiness Tar Receipt pursuant to the Petaluma Municipal Code. 2D. In no case shall the total contract compensation exceed FIFTY THOUSAND DOLLARS (S50,000.00) 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. With°every monthly invoice, a brief narrative,shall'be provided by Consultant •1 along with a revised schedule of progress and supporting materials. - 6/a/00 3. Services performed by Consultant to City which exceed those services described in Section, 1 herein, ,shall be considered "extra' work." Extra work shall only be performed by:Consultant.upon prior writfen.authorization,of'the City Manager. Consultant, shall._be compensated for eaira work at,the following rates' $100.00 net hour. 4. Use, Section 4(a) or 4(b). , (a) The term of this Agreement, commences on March 5. 2001„and ends, on A_ ugusf 30, 2001. However, either party may terminate this Agreement upon.; providing the other -party ten (lOp days' written notice of such termination, given .in -the .manner provided in Sections 6 and'I 1 herein. (b) Consultant shall commence work upon receipt of written direction to proceed from City. Consultant shall perform the work described herein, in accordance with.theTollowing schedule: Service Completion Date • 5. Consultant represents that Consultant possesses distinct professional -skills in performing said "services. City has relied upon said representations as a material' endorsement to enter into this' Agreement. Consultant shall; therefore, provide properly skilled professional and technical personnel to perform all services under this Agreement: Iris further understood and agreed,that Consultant, including. his/her agents and employees, is not an'agent•or'+employee of the City, but rather solely zresponsible for his/her',actsiand omissions. 'Consultam has full control over the means and methods of performing said services; and Consultant' understands that -said ,services are being performed as an indepegdent Consultant. Nothing:in this Agreement shall in any way be .construed' to constitute theConsultant, or any of its agents or employees, as an agent: employee or, representative of the City. 6. Termination. This'Agreement may be terminated or suspended_by the City upon ten (t0) days' written notice.:Said notice will be commenced by the City Manager. Upon receipt of such notice, Consultant ;shall,°immediately stop all work in process under this Aereement..,Injhe event -the City delivers, the Consultantshall be entitled,to peyment for all services performed to date of termination -to the•extent they were actually performed"in accordance with this Agreement. 2 6/1/00 • 7. Consultant shall.,perform with his/her own organ_ization,,all-work specifiedand required in this Agreement' Naassignmenvor transfer in whole'or in partrof this Agreement shall be made without the written consent of the City. 8. Consultant may retain or subcontract for the services of other necessary consultants, with the written approval of City. Any such subconsultants shall comply, to the extent applicable, with the terms and conditions of this Agreement, and all of the obligations and duties imposed upon the.Consultant hereunder. 9. Consultant agrees to.fully complyywit .all appropriate local; city, state and federal laws, regulations and ordinances governing performance of"contractual services required hereunder, in accordance with -professionals' standards of care. 10. During the performance of this Agreement, Consultant will°not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, .sex or age. Consultant shall take affirmative actiomto ensure that applicants are employed, and that employees are treated during employment; without regard to their race, religion, creed, color, national origin, sex or, age. 11. All notices required or permitted by this ,Agreement,. including notice of change of •; address, shall be in writing and ;given by personal delivery or- sent by United States Mail, postage prepaid and addressed to the parties intended, to "be notified. Notice shall be deemed given as of the date of delivery in,person or -as of the date,. deposited in any post office or any post office box regularly maintained by the United States Government. Notice shall be given as follows: City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Telephone: (707)778-4360 Consultant: Edwin.B. Orrett, P.E. Pacific _Technology Associates 2'10 Fourth Street, Suite B Petaluma, CA,94952 Telephone: (.707)769-5335 12. All bills shall be sent to the designated project contact person on a monthly basis or upon task completion, whichever is appropriate. Bills, will be checked by said contact person for compliance with the provisions of this Agreement and then forwarded to "Accounts Payable." City shall endeavor to, make payment of said bill within thirty (30) days of •receipt. 1 3 611100 13. All original papers, documents or: computer material on disk or microfilm, and .copies thereof,.produced as+a result of rthis;Agreement, shall be the property, of''City,and- may not be used by Consultant without the:consentbf City. Copies of such documents or papers shall not be disclosed to others without the written consent of the, City Manager or his designated representative. 14. Consultant hereby covenants and. agrees to, and shall, indemnify,. save harmless and defend, the City of Petaluma, its agents and/or,eriiployees against all claims, demands, costs: and liabilities fordamages of any kind or nature including,, but not limited to, damages for death or injury to any.person (including Consultant's employees'and agents) or Image.& destruction to any, -property of either party, hereto or third persons in any manner .,arising out of or occasioned by Consultant's performance of it's obligations pursuant, to iliis. Agreement whether or not there is a contributing act or 'ornission or concurrent, passive or active negligence or otherwise on the part of the City, except those claims arising from the established active ,sole negligence or sole willful misconduct ;of the, City or the Citys employees., The City may retain so much of the.money due ,Consultant as shall be considered necessary, until disposition has been made of claims' or suits for damages as,aforesaid. 15. Insurance. See `Insurance. Requirements for Consultants" in Exhibit B1 or B2 attached hereto -and meotporated herein ;by reference. Please check and initial, exhibit to be • incorporated: Exhibit B 1 X Exhibit B2 16. Amendment. 'This Agreement may be amended, provided said ainendment'`is"in writing. -and signed by both parties: 17. 'If litigation ensues which pertains to the subject. matter of Consultants services hereunder, Consultant, upon "request from City,-agrees'to testify -therein at a:reasonable and customaryfee. 18. This Agreementconstitutes the entire agreement between the parties. 19. Breach. City reserves the:rightto terminate -this Agreement immediately in the event of a breach'by Consultant. It is further understood and agreed that in -the event of a breach of this Agreement by Consultant, in addition to all other remedies, penalties and damages provided; by law. City may provide such services or retain another consultant'to provide such services, and deduct from the ,amounts due or to become due to Consultant ,the actual costs to City to provide or obtain such services: 20. This contract is the product of negotiation and!compromise on the part of both parties and that the parties agree; notwithstanding, Civil,'Code ,section 1654, that in the event of 4 6/1/00 .) uncertainty; :the language is not>to. be construed_, against= the party, causing the uncertainty to exist. 21, Ariblicable Law.' Each,party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, 'and"the City of Petaluma. This Agreement shall he enforced and., interpreted under the laws of .the State of California and the City,&. Petaluma: 'If _any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of the federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions,shall;noi be affected thereby. 22. Non -Waiver. The City's failure to enforce any provisionof this Agreement or the waiver thereof in a particulavinstance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 23. Severability. If any term or, portion, of this Agreement is. held to be invalid, illegal, or otherwise unenforceable by a court of competent 'jurisdiction; the remaining provisions of this Agreement shall continue in full force and effect. 24. Mediation. The parfiesgagree to make a good faith,aftemptjQ resolve any dispute arising out of this Agreement through, mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the,costs of mediation equally. 25. Consultant's Books,and Records. A. Consultant shall maintain any and all ledgers., books of accounts, invoices, vouchers, canceled ,checks, and other records or, documents evidencing or relating to charges,forvservices, br expenditures' and disbursements charged to the City for a minimum period of three (3) years or,. for any longer period required by law, from the date of final payment to Consultant pursuant,to, this Agreement. B. Consultant shall maintain all documents and, records which demonstrate performance under this Agreement.for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. "yyrecords or, documents required to -be maintained pursuant to this Agreement shall be made available for inspection,or:audit, at any time during regular business hours. upon written -request by the City Manager, City Attorney, City Finance Director, or a designated representative of these, officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when 'it is practicalto, doso. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this;Agreement. D. Where;City.has reason to believe. that such records or documents,may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by }written request by any of the above -named officers, require that custody of the records be, given to the City and that the records and documents be maintained 'in Petaluma City Hall. Access to such ,records and documents shall be granted tW.any party authorized by Consultant, Consultant's representatives;, or Consultant's successor in interest.. IN WITNESS WHEREOF, the parties hereto have executed this document.the day, month and year first above written. CITY OF PETALUMA - CONSULTANT 'City Mana.er ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Head APPROVED: Risk Manager APPROVED: Finance Direcior, Title 210 Fourth'Street. Suite B Address Petaluma CA City State Taxpayer I.D. Number Petaluma Business Tax Receipi Number 94952 zip L ,6 a D Ll • INDUSTRIAL WATER EFFICIENCY PROGRAM DEVELOPMENT Proposed Scope of Work • Pacific Technology Associates SUMMARY This proposal outlines a Scope of Work,thaf will provide the strategy, documentation, and support necessary to create an Industrial'Water EfficiencyProgramfor the City of Petaluma. This builds upon earlier work funded by the City of Petaluma; Sonoma County Water Agency, and the Rose Foundation that provided an initial survey of lessons learned from similar programs elsewhere, an evaluation of program benefits and costs; and two, demonstration projects. The latter successfully demonstrated'the;ability to educe efficiency improvements from industrial partners'by means of performance -based public financial incentives. OBJECTIVE The primary objective is to improve the efficiency of water use•within:the City's Commercial. Industrial, and Institutional (CII),sector at less,cost.to the public than supplying water and wastewater services.' Achieving thiss objective insignificant fashion requires uncovering and addressing critical implementation issues. While some of these issues•are already known, others have yet to be identified.z This projecti therefore includes procedures for.identifying critical issues so they may be addressed in the program design. The design of a water efficiency program-is,fundamentally-different. froth the traditional utility programs that address new public works infrastructure, for non -technical issues are the most important.3 One works with users to reduce demand;.the,other attends to accommodating whatever new demand appears. Accordingly, this workplan refers tosocial systems theory to design a demand management program that will deliver superior results: ' For comparison in common units across programs, costs should,be,expressed as lifecycle unit,costs (the present value of fixed andvariablecosts, per gallon, evaluated across common lifetimes). Known issues include size of financial incentive,' timing of paym6m(s),'cream-skimming, free riders, financing high quality audits and projects; verifying.performance, and how a program will be administered (integration with other programs, promotion, budgeting, monitoring, and means for improvement, etc.). Unknown issues relate to specific,barriers and benefits to participation, how to build commitment -to action, ;and how to value concomitant program benefits (e.g., economic development, and 'envirorimental benefits related'to a'reduced water. demand). 3 As noted by The Water Campaign, a project of the International Council for Local Environmental lmtiatives: "The Water Campaign focuses omthe need to improve dialogue between water managers and water users. This dialogue begins with improved water management within the local government: itself., and extends to the community and the watershed area. Improving,local government service dehvery places value oncommunity input and participation. This participatory approach -to water management recognizes that modern water management solutions are increasingly non -technical in their emphasis." The Water Campaign is, an international movement of local governments and their stakeholders who are committed to achieving tangible' improvements in the sustainable use of �. fresh water resources - SCOPE OF WORK Task 1. Market Analysis ($3,600) 1.1 Consultant to work with City staff:to characterize market in terms of water use by customer type using database of CII customers provided by City: contact information, type of business, and water usage history, (preferably at least two years of billing data). 1.2 Consultant recommend market -segment to address -,-discuss and confirm with City staff. Task 2. Retire Program Content (S149640) 2.1 Review similar programs offered elsewhere (via telephone and literature), with attention paid to: 2.1.1 De-scription_of Utility and Program 2.1.2 Overall success 2.1.3 Customer classes addressed 2.1.4 Strengths and weaknesses 2A.5 Support.provided for audits 2.1.6 Payment structure (timing, amount, budgeting, free rider policy, etc.) 2.1.7 Means for addressing new construction vs. retrofitting existing situations 2;1.8 Feedback system and improvement strategy 2.1.9 Participation Drivers: agency, vendors, trade groups, owners, engineers ._.. 2.1.10 Integration with other water conservation programs 2.2 Qualitative Research: interview, sample,of polential.beneficiaries to determine important questions to pose in a survey.4 Appropriate, City and US.Filter (wastewater treatment / - industrialpretreatment) staff will also be interviewed, independently, to identifi management concerns. 2.3 Develop and conduct mail survey of CII,customers, based upon above' interviews. City to provide duplicationand mailing services. 2.4 Evaluate, results and summarize issues that Program should address 2.4.1 Precise.marketto address 2:4:2 Perceived barriers and benefits 2.4.3 Vague areas requiringresolution 2.4.4 Marketing issues to consider 2.5 Discuss.results (of item 2.4) with C ty�Adff J This will`include,barriers and benefits, approaches. toward commitmentm . sources of information perceived. to be credible, and.potential positive social norms that will encourage participation. Task 3. Design Prograrn and Draft'Documents ($13;640) 3.1 IIow Progratn-Works (PowerP.oint Presentations)5 3.1.1 For City Staff 3.1.2 For Private, Partners •(a,k.a..utility customers) 3.2 Prepare Application Form(s).,This task will not include;legal review. 3.1 Outline Marketing;Strategy'(including community -based social' marketing techniques to encourage participation)6 3.4 Outline Program Management Plan 3.4.1 Customer Interaction: marketing, sales cycle; budgeting, performance feedback 3.4.2 Record -keeping• 3.4.3 ContinuoussImprovement:setting,objectives, measuring performance, adjusting the program, and revising objectives 3.5 Review entire package,with City staff and incorporate suggested chdnges Task 4. Test and Revise,Program ,($2;900) 4.1 Assemble focus group(s), present material, and discuss. 4.2 Revise Program_ and,docurnentation �l Task 5. Develop Prograrri Launch'Sirategy (S9;500) 5.1 Recommend. launch procedure; including appropriate, w:orkshop(s)' 5.2 Recommend pre -qualification procedure for design and/or monitoring &. verification professionals,(?) — firms to be listed as "`authorized" professionals. 5.3 Develop resource material _for workshops 5.3.1 Example case studies 5.3.2 Vendor information 5.4 Provide Launch -Package to: City Task,6. Prepare EPA Grant Proposal to Leverage City Investment ($5,600) Pacific Technology"Associates Will -work 'with'The Bay Institute to prepare a grant proposal to the,US Environrnental.Protection Ad'ministratiorrthat will include development of a Sustainability Management.System for use. in Petaluma: As,di'scussed below, work on this task began prior to being invited to, prepare this (City) proposal. The project proposed for the City of Petaluma provides the means;for helping to finance and promote indoor water efficiency for Petaluma's CII customers. When this work is cast within a larger framework,however, itseffectiveness will multiply. For example, industrial water ' Note: the budeeo,does' not allow updating the,1998 estimate of avoided costs, upon which incentive.payments are based. e Douo McKenzie-Mohnand William'Smith, Fostering Sustainable Behavior,,New Soctety:'Gabriola'Istand, 1999, efficiency already demonstrated in Petaluma reveals the great•value of addressing other resource consumption simultaneously with water efficiency. The ability to; realize the benefits of this approach,.however, requires directing management attention'to unfamiliar areas. The best available tool for improving.management,effectiveness in this area is;a,high- performance Environmen_tal.Mariagefnent System (EMS).based on InternationaEStandards Organization 1„4001;1996(E), which incorporates elements of Agenda 21, to convert°it to a_ Sustainability lylanagenientSystem (SMS). This SMS,maybe'designedto meet project design, financ,.ial'ihcentive:administration.'and continuous improvement needs of the. Industrial Water Efficiency Program. The design of the desired SMS will include the following criteria: • cataloguing of all -relevant environmental risks (defining, env,iromnental-aspects and impacts) • cataloguing,of all relevant sociaf:responsibility risks' • consideration of the economic vitality of the affected region incorporation of'Chapter 28 of Agenda 21 on the role of local.agericies in pursuing. sustainable) development • incorporation;of Chapter 30'of Agenda 21 on the role, of- industry in.pursuiria sustainabledevelopment and susiainablet production Y registration of the EMS/SMS as a model foi'tise elsewhere • publie.reporting and stakeholder invol'vemerit-to maximize consensus-based'decision making and optimize the chances of success;for the -.project. The Bav Institute of San Francisco, in cooperation with Pacific Technology Associates and WSP G`r'oup North America, applied to, the. EnvironmentaOrmection Administration for authority. to apply for a grant of $150,000 to develop the above and other material.7 A - decision bythe City, ofPetalumato,proceed with Industrial Water Effciency will strengthen the ability,to gain support from'ihe EPA, and'thereby means to vault Petaluma's program ahead of everything else to'truly become a national,fmodel. SCHEDULE All tasks will be completed not later than,29,Juhe.2001. ' TheBay.Institute of, San Francisco. Proposal forJVater OamlayCooperative,4greernerit.dllocation, addressed to Michael Cook -Director, Office of Wastewater Management, on 27 Nov 2000 This proposaltwas.prepared with the idea of _EPA funding the Program development work discussed above; in,addition to the'SNIS and"other items. The EPA proposal'would be modified, considerably if.the'City of.Peta4un5a instead funds the Program development work. INSURANCEREOUIREMENTS FOg.CONSULTANTS .,hsultant shall procure "and.maintain" for the• duration of the contract" insurance -against claims 'for injuries to persons or damages to property which may arise from, or in connection with the performance of the work hereunder by the Consultant, his.,agents, representatives, or employees. Minimum Scone of Insurance Coverage shall be at.least as broad as:. L Insurance;Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering,,Automobile Liability, code I (any auto). J. Workers' Compensation insurance as required by the State. of California and Employer's Liability Insurance. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $500,000`per occurrence for bodily injury, personal injury and property damage. If Commercial General. Liability Insurance or other, form with a general aggregate limit is used, either the general; aggregate limit shall apply separately to this project/location or the",geheral aggregate limit shall be twice -the required occurrence limit. 2. Automobile Liability:: $500,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000;000 per. accident for bodily injury ordisease. Deductibles and Self -Insured Retentions y deductibles or �self-'insured retentions must'be.declared to and approved.,by the -City. At the option of the y, either: the insurer; shall reduce or eliminate such deductibles or self=insured"retentions as respects the City, its officers, officials, employees and volunteers,; of the Consultant shall procure a bond, guaranteeing payment of losses and related investigations; claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers; officials, employees and volunteers are to be covered as insureds as respects: liability arising out of.activiiies performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage'shalLcontain no special limitations on the scope cf"p_rotection afforded,to the City, its officers, officials,, employees or volunteers. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to4ndemnify the additional insured would be invalid under subdivision (b) of section 2782"of the Civ_il'Code-:; 2. For any claims; related to thisproject, the Consultant's insurance coverage "shall be -primary insurance as respects the City, its officers, officials, employees and "volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employeesor volunteers shalfbe excess,of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the; policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, or volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of.the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party; reduced in covefage.or in limits except ,after thirty (30) •) days' prior written notice"by certified, mail, return receipt requested' has been given to the City. Exhibit B I Pale 1 of 2 611/00 ACCentability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwis� eptable to the City. Verification of Coveraee' Consultant shall furnish the City with original endorsements effecting coverage required by' this clause. The endorsements are to be signed by, a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be'receiped-and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Exhibit B I P,12�e 2 of 2 0 a 6/1/00 CITY OF.PETAILUMA,,,CALIFORNIA WMORANDUM City,Manager's Office,.IhEriglish'Stieet, Petdluhla, CA'94952 (707) 778-4345" rEdz,(707) 778-:419 E-mail: citymgr@cLpetaldma.ca us DATE: March 9, 2001 TO: Mayor. and Members of.the'City Council FROM: Frederick C.:Stouder, City Manager SUBJECT: Letters of Interest 3/02/01 • 3105101 For 3/08/01 For 3/13/01 For 3/13/01 For 3/15101 For 3/20/01 0 LetterRE: Retirement of RogeriPearson, Director Sonoma County Library.— and .Search For Replacement, Letter: Sonoma County Community, Foundation —RE: iSchulz Neighborhood Grants_ Program and=Howao Apply For"Funds. Old -Adobe Union School District-Agenda/Calendar/Minutes Boafd of Supervisors:— Agenda/Consent-Calendar ' Notice of Special Marin Municipal Water: District Meeting I ABAG-AsendVMinutes/Calendar Sonoma County Farm-Bureau—.2V Annual AG Day 5Asecretary\lu, of interest 3/09/01 THIRD AND E STREETS III SANTA ROSA, CA '.95'404"� TELEPHONE: 707 545-0831 FAGSIMILE:707.525-9563 ' .INTERNET: rpearson@Sonorna.lib.ta.us• molly@sonorna.lib.ca:us March 2; 2001 ' COMMISSION )osepfi P.'Murphy, Jr., Chair Kay,A5bbrook Robert L. Bennett Dorothy Berlucci „John J. Healy Helen Hintereder lane P. Kunde DIRECTOR Roger L. Pearson ASSISTANT DIRECTOR Molly�E. McDermott ', Frederick-C. Stoudei,'City Manager, MAR 6 2001, 1'1; English' Street' Petaluma, CA 94952-2 10' CITY N1� NAG...E i Dear�rrnick: i� '`� You, may have lead in.the,Press�Democrat-last December that I will be retiring from'. the Sonoma County Library, effective March 7, 2001. A national search -is being conducted for a new Director,.arid I iaxpect_ that one should be place by mid -year. ,During that period, Assistant- Library Director'Molly,McDermoit will'be servirig, as. Interim Director, and,any inquiries you may have about your>library=facilitservices, to.,the. community, should be- y-ordirected,to hems follows: Molly "McDermott; Interim Director Sonoma,County Library aid^and'E„Street§ Santa,Rosa,-CA. ;95404I _Voice='545-0831 Ekt:537 - FAX 525-9563 molIVO� onoma.lib.ca.us. Myfive years with the Sonoma County. Library were very pleasant -and informative.; Pve'enjoyed•working with.you and your staff;, and feel' our efforts have always been,productive;and benefited. our customers. Thank you -:for your efforts in keeping our facilities in good order. rQd JVil aryDirector ' croscutter , 0 Sonoma County Library, is a public agency created by the'lomt exercise ot,powers of the County of Sonoma and the (56es of Cloverdale, Coati, Healdsbum; Petaluma, Rohnert Park. Santa Rosa, Sebas�opnl, Sonoma and Windsor SONOMA COUNTY ComMUNITYTOUNDATION ..Olt ill. . Mr. Clark Thompson - City'of Petaluma City Hall,11 English St. Petaluma, CA 94952 Dear Mr. Thompson, March 5, 2001 MAR V 2001 MAYOR We're looking -for neighborhood leaders,(oi groups) who want,tb'make.their community a better place - but who haven't ihoughtabout,contacting:the,Sonoma'County Community Foundation for:support. . Specifically,.the Community'Foundation is interested in hearing 'about small, one-time projects that bring -people from a'neighborhood together with.a'.goal,of producing some tangible - improvement to their neighborhood - and we're prepared to grans up to $1,500 to help make that happen. Were hoping -:that if you know of sus h a group you'll share this information -with them and • encourage them to contact us. They don t need to be a'formally-organized gioirp (though we do require ,that there be a responsibleadult,tolead the project) and we'll even explain how to apply. All they're required to do if'they receive a grant is to completethe project and write.a brief report about it, documenting:how their funds were spenit.'There are no deadlines and grants are made throughout the •year. .The.enclosed flyer prov des,the details of the!Schulz Neighborhood,Grantsprogram. Anyone wanting to apply fora grantshould contact'me to,discuss theirddeas. I c in.be reached at - 579-4073. 1 - Tyre Sonoma Country,. Commum Foundation is.herefor the people ofSonomaCounty. 'vVe appreciate your. help.in,making Buie that we "reach° -the broadest P6ssibW audience about the Schulz Neighborhbod,Grants,program. Thank you so much for your, help. If you have any questions, please let me know. Sincerely I obertjjudd, - ProgramQfficei • P.S. Schools and departments of local governments are not eligible to apply. Because grants are made on a competitive basis, not all proposals receive funding. _50 D STREET, SUITE 205, SANTA ROS A. CA'a540}4i i3 FAN SOT-ST 94KI qv ,.sonoma.or_ SONOMA COUNTY COMMUNITY FOUNDATION Y Schulz=1Veighborhood Grants Program .. Neighborhooddbased groups that aredmerested in projects.to,improve their community can find financial resources`for their -.projects at the Sonoma County Community Foundation. Through our Schulz,Ne gh-borhood Grants program, the Community Foundation is able to make grants;of up,to $1,500.ayailabie to support srriall,,one-time projects: The Community Foundation would like to:encourage groups to develop activ_ities.that'behefit ne ghborhoods:andhel'p'bring,people ofaltages �and'backgrounds together'in projedts=that will, , produce some tarigible'improvement. For. example: we have supported tenant groups in devel- oping community food gardens; neighborhood groups! in; cleaning up vacant lots and -local creeks; and, volunteer groups, inade up of residents and;businesses, planting trees'along roadsides, removing, graffiti, painting murals on exterior:walls,,completing repairs.and _clean ups at, local , playgrounds,,holding;fix up days atold .train depots,, and -planting flower gardensIn parks or weed-filled'lots. Groups do not'have,to be formally, organized,,an_&don't need experience iil writing a;grant appli= cation. :However,- the Community Foundation, does require that there,be„a° responsible:adultto lead.theproject and •provideiaccountability for how the Community Foundation's`granf;funds are spent. Groups that receive grants are asked to;write.a brief report about their, projecvand,to document to,the Foundation how their grant funds were spent. The application-process;is not difficult or involved and Community Foundation'staff are available to+explain how to apply:,' Schools and departments of local government "are not e11g@le4o apply. Grants are made, on a competitive basis: not, all proposals will receive funding. We invitecreative and"unusual ideas"for projects,as well as practical efforts to get needed work done. Applications are accepted yeardound-and•are reviewed atIntervats durin the year! Application materials are;available'.by calling the Community Foundation and can be obtained from our website:ai www.sonoma'or,g. Groups,tfiat are;considering applying should call Robert 'Judd, at the, Community Foundation,+at 579-4071 250 D-STREET; SURE 205, SANTA ROSA, CA_95404i173 707-5794073 FAX 707 ii9-i801 AGENDA REGULAR BOARD,MEETING, March 8, 2001' 5:30, pan. Closed'Session, District Administration Center 7i00.0.m.,Open Session, La Tercera School, 1600 Albin Way Closed!Session;Will Begin Immediately Following,Open'Session Call to Order �F CF `�f MAR 0 8 2001 CiTy N,ANAGER P.m. Memberspresent: MA EB MC JS DK £ �u Administration present: I D PR AF Open Session g j -Adopt ion ofthe Agenda M_S_V / Yes No Public Comment Procedure for.Public Input Items Not on the Agenda: •4 If there is an 'item that is not oti -the; agenda that delegations or individuals wish to present to the Board, the appropriate timels during either of the `FROM'THE P.UBLIC''secfions of the Agenda. the chair may4imit the time allowed to any topic or speaker: The total time allowed will'be'limited_'to30 minutes, divided equally by those wishing to speak. Items on Agenda: Members of the, community may give;lnput'on a specific agenda item. The Chair will recognize individuals•wishing to speak -when the.Agenda item is being,conside'red.. Public Announcement Regarding Closed Session Closed Session p:m. M_S_V_/_ Yes No Sec. 54957 Public-EmployeePerformance Evaluation' Classroom Teacher• Sec. 54957.6 Conference WiWI,abor Negotiator Name. of Agency Negotiator: Dr.,Dubrule/Alan Foden/Tom Brewer Name'of Organization Representing Employees: Old Adobe Teachers' Association California School Employees Association Open Session p.m M_S- V._/_ Yes No - Declaration of Closed "Session'DiscussionlAction" Pledge ofAllegiancito the Flag Opoilight on Excellence Jennifer. Tescallo,-Parent)Coordinator of After, -school" Enrichment Program, Old'Adobe School. Pagel Ifeports,to'the Board _' `;Supepititeudent - Director of Curriculum ;. BusineWManager • 'Site -Administrators, Day are Coordinator Employee Associations . School Organizations Puhlic'Comment Consent Agenda Consideration of the ConsenttAgenda and approval of items thereon Wby unaniinous,consent..All matters listed under the Consent Agenda aredeemed routinein nature. Information conceraing these•items has been forwarded.to each Board Member prior to this',"meeting for their study. The'Consent Agenda is acted _upon in'one•mo_t_ion unless -members of the Board, staff, or public request discussion and/or removal of an item. Request approval of: o Minutes of2/15 pand 2/22/01 Board Meetings o Bills and Warrants o Personnel_%ist.No. 299 o Acceptance of donations as follows: Donor: Item: School: Gary'Johnson Computer and Inkjet Printer Bernard EldredgeSchool Pamela Bush CD Player La, Tercera School' Jean Rogers Hamster, cage arid'supplies; La Tercera School Ann',s Pet, Arcade Hamster, cage, and supplies _ La.Ter'cera School' Fred Websier Computer La.Tercera School Action Iteins • Consider, approval of,proposed budget reductions Alan Foden Cons d_ei• approval o,f Disirietwide Library Plan Dr. Raney, • Consider approval'o f positive, certification, second•interim report_ Alan Foden • Consider approval of Budget -Revision 96 - - Alan'Foden . • Consider, approval of Resolution'No.'333, In.the,Matter of:the Discontinuance of Certain Particular Mnds'of Services,for the 2001-2002 School Year Dr. Dubrule • -Consider approvalof,50%unpaid'leave of absence'forLisa Hartman and . Tracy Short,',Miwok.Valley'School, 2001/2002' Dr. Dubrule • :Consider approvalof 20%;unpaid leave -of.absence;for certificated employee Shelly' Vollert, Sonoma Mountain School„2001/200T Dr. Dubrule • Consider approval'ofr40% unpaid leavekof absencefor certificatetl employee Cynthia' Schulz;!LaTereera School, 2001/2002 Dr. Dubrule 'M: S,_ -V Yes I4I, S. V__/_ Yes' No M—S V, /I .. Yes 'No` '. M_S_V_/ Yes No Yes No M_S V /_ Yes No M S V /_ Yes No I ' S. 'V_/ — .Yes - NV 1VI S V_/ Yes No Page 2 3-8-01 •=Consider_,approyal oL50%'unpaid.leave of absence for certificated employees ' Dorothy Steiner; Becky Farwell -Wacker, ShawifMorones, Miwok Valley.School, and'GwynMarshall, Bernard Eldredge School,2001/2002 Dr.-Dubrule M=S V_/ Yes No • Consider approval of,20%-unpaid,leave of ibsence'for,certificated_:employe_e Dori Johnson, Sonoma Mo_ untain',School,2001/2002 Dr. Dubrule M_S_V^/_ Yes No • Consider approvalof75%-unpaid leave of'absence, for, certificated employee, Michael Fanning, 2001/2002 Dr. Dubrule M S_V_/. — Yes No • Consider approval of 100%<unpaid leave of absence for certificated employee Jamie Worthington,'2001'/2002 Dr. Dubrule M_S_V_/' Yes No • Consider first reading, second'readingand possible;adoption of,the following BP/AR 0420 Phil osouhv-Goals-Oblectives and -Comprehensive Plans, School Plans/Site Councils AR 3513.2 Business and'Noninstructional Operations, Parking.; BP 4312.1 Management, Suuervisorv,and'Confidential Personnel, Contracts BB 9323.1 Bvlaws'of.the'Board.,Order of Business Trustee Boling and Trustee Colbert Information Board Member Reports Calendar of Events o Board Meet ing'March 22,,2001' o SSDA Conference; March 30--31, 2001 o Board Meeting'Apri_l 12,2001 o Spring Break, -No, School, April 16 -20; 2001 o. Board Meetin`g,Apri126, 2001, o Sonoma Mountain Open House May 3, 2001 o STAR Testing April 30-May14, 2001 o La Tercera:Open House,May,2;�2001 o Bernard Eldredge Open'House;May 9, 2001,= o Old Adobe Open'Hmise May'9;'2001 o Miwok Valley Open House'May 10, 2001, 6:30=7:30 o Board -Meeting May 10; 2001 o Miwok ValleyCif6iVs`ConcertMay 14, 2001' - o Sonoma Mountain and Bernard Eldredge Band Concert May 14,1001 o^ La Tercera; Miwok Valley and Old Adobe Band,ConcertlVlay 15, Casa Grande o La Tercera'and Bernard Eldredge, Chorus Concert May16, 2001 o Sonoma Mountain and Old:Adobe Chorus ConcerfMay'll, 2061' o Board Meeting Maye24, 2001 o- Legal Holiday,.NwSchool, May 28, 2001, o Last Student Attendance"Day„ Minimum Day, June f4, 2001 o Board Meeting June 14, 2001 Public Announcement Regarding Closed Session M_S_V_/_ Yes No Page 3 3-8-01 Closed Session Yes No Sec. 54957.6 Conference With Labor• Negotiator Name of Agency. Negotiator:, Dr. Dubrule%Alan Foden/Tom Brewer, Name'of Organizdti6n,Repres-enting Employees: OldAdobeTedcheis' Association California School Employees Association Open Session p.m M_S' V_/_ Yes No Declaration of Closed'Session Discussion/Action Adjournment _ p.m. M_S_V / Yes No UnapprovedMinutes Old_ Adobe Union School District' Regular Board Meeting February 22, 2001' The Regular Meetingof the,OI&Adobe Union School District Board of Trustees°was calledto' CALL TO ORDER order by President Abel at 6:00 p.m., , Marlene Abel, ;President; Elaine Boling, Vice President; Mary Colbert, ROLL CALL Clerk; Jim Janakes, Member andDiane Kiefer, Member. ADOPTION AF THE AGENDA Trustee Boling, moved to 'adopt, the Agenda: Motion AGENDA seconded by Trizstee Janakes and approved 5/0.• ADOPTION PUBLIC.COMMENT. No comments. PUBLIC ANNOUNCEMENT 'REGARDING CLOSED ,SESSION: President Abel CLOSED SESSION announced that the Board will be meeting in.Closed Session regarding: ANNOUNCEMENT Sec.54957.6 ConferenceWALaborNegotiator Name 'of Agency 'Negotiator: 'Dr. Dubrule/Alan Foden/.Tom Brewer" Name of Organization Representing Employees: Old Adobe Teachers Association California School' Employees Association CLOSED SESSION 6:01 p.m. Trustee Kiefer moved to reconvene#e meeting ih'Closed CLOSED SESSION Session. The motion was seconded by Trustee, Boling and approved:5/0. .OPEN"SESSION 7:00 p:m., 'Trustee Colbert moved to; reconvene,the ,meeting. in, Open OPEN SESSION Session. The motion was 'seconded by Trustee Kieferand,approved 510. CLOSED SESSION DISCLOSURE: President Abel announced that tlie,.Board. met.in CLOSED SESSION Closed Session as described above: Noaaction was taken. DISCLOSURE PLEDGE OF ALLEGIANCE: Principal Bonnie Cooper led the audiencegin'the Pledge of PLEDGE TO THE Allegiance to the Flag. FLAG SPOTLIGHT ONEXCELLENCE: Removed from Agenda. PRESENTATIONS: Kim Harper„Miwok Valley Principal, and kindergartenstaff members MV EXTENDED made a presentation outlining a,proposal foran"extenaed_ day kindergartenyrogram at Miw_ ok - `DAY Valley School for, the 2001/2002 school.year:'The proposablias,receive&support;from the. KINDERGARTEN Superintendent, OATH„Cabinet and the transportation department: La Tercera School Principal ,Bonnie Cooper, shared that, the full -day ,kindergarten pilot', LTTULL=DAY program has been highly successfu14hi5 schooP_year and thanked the Board of Trustees and KINDERGARTEN Old Adobe -Teachers, Association for their support> Tbe-full`day, Program -provides teachers the time they feel'is necessary.to teach'the regnuements,butlined inAhe State standards. `Ms. Cooper requested that tthe',fulI-day kindergarten program be continued at La;TerceraSchool., REPORTS TO THE BOARD: Superintendent: , Dr. .Dubrule thanked everyone. for SUPERINTENDENT remaining calm and maintaining a professional demeanor *during ;intense budgehcommittee meetings and negotiations. She also stated:her,appreciation for support to be able to participate in a personnel _panel for graduate students' in' the teaching program :at the ., University of California at Berkeley: Business .Manager: • Alan Foden reported: that the district's •PG&E bill ,for January was BUSINESS $29;000, an increase from.$1'6;000. 'There was a 352%increase in charges for megawatt MANAGER usage from 1998 to 2001. Page 1 2-8-01 Site Administrators: Bonnie Cooper reported 'sortie class activities including a virtue SITE Iditarod, and,gold country field trip. ADMINISTRATORS Kim Harper annoumced ,that Mtwok Valley students, are c6ntinuing to participate in the Governor's Reading Challenge. Mike Aja invited the Board: of Trustees to visit Old'Adobe;School on March 2 for Dr. �Seuss celebrations. Coordinator of Child DeJ' lopihent: Kathie. Williams announced that the district: was COORDI_NATOR'OF .awarde.d,a $5;000 grant -that -will be used,to;upgradc kindergarten, playground equipment of CHILD Sonoma Mountain School. The Kids Care piogram,will'be accepting:new. registrations'for 'DEVELOPMENT students during the montfi�of March. Ms. Williams thanked the Board,for _attending Training of Trainers. She will.provide'free training on'Satdrdays for Kids;Care'staff., n EMPLOYEE ORGANIZATIONS: -Nancy Kelley, ,President of °the Old Adobe, Teachers'!OATA Association, trade a statement to the Board requesting a demonstrated commitment to ,the certificated staff indicating that although they have received cost -of -living, adjustments, salaries have lost.grouhd,to inflation. Although Governor Davis stopped short of.promising California teachers a, significant raise, the Old Adobe Teachers Association requests that salaries be raised to a level thatis'fair a6d- just. Adrienne`Lofton;.President of the'California School Employee`s,' Association, requested that: CSEA the Board gthink about what is,best for all the children irid,to remernlier all the employees. SCHOOL ORGANIZATIONS: Barbara Vaswani, Old Adobe^School-PTO representative,, SCHOOL - announced upcomipg'events including a.fund raising dinner on,March 13 for' Ocean Aeek ORGANIZATIONS' _ and PTO'sponsored CPR and firstaide training on March 31, Lisa Thornion, Bernard Eldredge'School;Site Council representative,; announced that she is continuing to arrange ajoint distnctwide SSC meeting. PUBLICCOMMENT: No comments. CONSENT AGENDA: 'TrusteelKiefer moyed'to approve=thcZoasent Agenda. The.tnotion CONSENT was seconded by Trustee Boling and approved"5/0; Consent -Agenda — Approval of Minutes, AGENDA of February 8; 2001.%ard:Meetmg, Bills and Warrants:ei 414796-414823„416087-416125, and 416147-41'6226; Personnel List 4298 (attached); 'Student .Teaching -Agreement, with Sonoma,StateUniversity; and'Acceptance of donations as follows: Donor Item School' Fair Isaac ' Binders La'Tercera,School The Recob Faanly Ccmputer,;keyboard and monitor Bernard Eldredge Technology Denice and Early Laughter. 6 tiozes of paper .Bernaid'EldredgeiSchool Karen de,Lui Literature books Bemard'Eldredge,School The'Gruener Family .Computer, printer and printer Sonoma Mountain School The Costello Farriily NEC Monitor' Sonoma Mountain'School ACTIONITEMS: MIWOK'VALL'EYEXTENDED-DAY'KINDERGARTENPROGRAM: MVEXTENDED Trustee Janakes moved to approve:a one-year'pilof for=the'extended day kirdergarten program KINDERGARTEN at Miwok Valley School. The motion was seconded by Trustee Boling and approved 5/0: PROGRAM LA TERCERA SCHOOL FULL--DAYKINDERGARTEN"PROGRAM. Dr: Dubrule,stated IT FULL -DAY support fortheLa Teicera full -day kindergarten program indicating that -full -day kindergarten KINDERGARTEN programs are a (rend throughout the. nation. - Board of Trustees, were invited :to visit=the PROGRAM program.. Trustee Kiefer moved to lapproval,the continuatiowof the4full-day kindergarten program at, La Tercera,School. The motion was seconded by'Trustee Colbertand approved 5/0. Page 2 2-8=01 BUDGET'REVISIONS`NO. 5: Alan Foden clarified that Budget Revisions No. 5'update the BUDGET REVISION budget; reducing the deficit spending to $467,000 and thereby increases the ending balance. NO. 5 Trustee Boling, moved to approve Budget Revision No. 5. Trustee Kiefer seconded the motion. Motion approved on,a unanimous'vote. SELECTION OF PARCEL TAX CAMPAIGN tI7ANAGER: Alan Foden encouraged the PARCEL TAX Board to consider a parcel tax and to hire a professional to manage the campaign: Three proposals have been submitted to conduct a:survey that will predict the success of a parcel tax campaign. A parcel tax could be placed on'the November', 2001 ballot=for voter approval. The Board was encouraged to comriiunicate' with parents about the purpose of a parcel tax. Trustee Janakes moved that the; Board.is-committed to'a parcel tax in the future. The motion was seconded by Trustee Boling and'approved unanimously. CASH FLOW BORROWING. Trustee Boling moved to approve Resolution No. 332, RES. NO. 322, CASH Authorizing the Borrowing of Funds,for Fiscal'Year 2001/2002:and the Issuance and Sale of a FLOW 2001/2002 Tax and Revenue Anticipation' Note Therefor •and Participation in,the California BORROWING School Cash Reserve. Program and Requesting -the Board of Supervisors of the 'County to Issue and Sell Said Note. The motion was seconded by Trustee Kiefer and approved unanimously. OVERNIGHT AND WATER FIELD 'TRIP,. OLD 'ADOBE SCHOOL: 'Trustee Janakes OVERNIGHTIWATER moved approval of overnight and- water field trip to Angel Island for Kim Anselmi's fifth FIELD TRIP, OLD grade class, Old Adobe School, March 22 and 2.3, 2001. The motion was seconded by ADOBE SCHOOL Trustee Kiefer and approved unanimously: OVERNIGHT FIELD TRIP, OLD ADOBE SCHOOL: Trustee Colbert moved approval of OVERNIGHT FIELD overnight field trip to Petaluma Adobe State Park for Juliet Theaker's fourth grade class, Old TRIP, OLD ADOBE Adobe School, April 24 and 25, 2001. Trustee Boling seconded the motion. Motion SCHOOL approved 510. CSBA DELEGATE ASSEMBLY. • Trustee Kiefer moved to approve the selection of Ronald CSBA DELEGATE Abler for the CSBA, Delegate Assembly, Subregion 3-A. The motion was seconded by ASSEMBLY Trustee -Boling and approved 5/0. INFORMATION. Budget Committee Report: Alan Foden reported that' the Budget BUDGET Committee has been meeting and members have given input from the groups they -represent. COMMITTEE The committee has done an excellentjob dealing with difficult issues. Legal,timehnes were REPORT reviewed including March 15 deadline for layoff of certificated personnel and'the -need to adopt the budget by June 30. r1 District Educational Plan —Facilities Master Plan Development: Dr:.Dubnrle shared a draft DISTRICT of,the District Educational. Plan indicating that the 'plan will provide the architects with EDUCATIONAL context to develop a plan for facility"improvements and enhancements: PLAN Summer 2001 Modernization. Projects and SCOE Relocatable Building Project. ' Alan SUMMER 2001 Foden reviewed the summer- 2001 modernization projects scheduled' for La Tercera and PROJECTS Miwok Valley Schools, as well and the planned placement of a SCOE relocatable building on the Bernard Eldredge site. BOARD MEMBER, REPORTS: Trustee Kiefer inquired about the Board's attendance at the BOARD MEMBER Small School Districts' Conference in light of anticipated budget cuts. It was the consensus REPORTS of the Board that they will attend the SSDA conference since it offers items of significant interest and education for trustees. Page 3 2-8-01 Trustee Boling announced that she has enjoyed -the mentoring she has been doing with a student. President Abel announced that she will be preparing a rebuttal in response to a newspaper editorial encouraging school district unification. The, rebuttal will include the strengths of small schools districts. CALENDAR OF EVENTS: CALENDAROF EVENTS o Board Meeting March 8, 2001 ' o Board Meeting March•22, 2001 o SSDA Conference March 30-31, 2001 o Board Meeting,Apiil 12, 2001 o Spring Break„No School,.April 16 -20, 2001 o Board Meeting April 26, 2001 o Sonoma Mountain Open House May 3,'2001 o STAR Testing April 30-May 4, 2601 o La Tercera'Open House May 2, 2001 o Bernard Eldredge Open House May 9, 2001 o Old Adobe Open House May 9, 2001 o, Miwok Valley Open House May 10, 2001, 6:30-7:30 o Board Meeting May 10, 2001 o Miwok Valley Chorus Concert May14,'2001 o Sonoma Mountain and Bernard Eldredge Band Concert May 14,.2001 o La Tercera, Miwok Valley and Old Adobe Band Concert May 15, Casa Grande o, La.Tercera and Bernard Eldredge Chorus Concert' May,16; 2001 o Sonoma Mountain and Old Adobe Chorus Concert May 17, 2001 o . Board Meeting May 24,'NOI" , o Legal Holiday No School, May 28, 2001 o Last Student Attendance Day, Minimum Day, June 14, 2001 o Board Meeting•June-.14, 2001 - PUBLIC ANNOUNCEMENT REGARDING CLOSED SESSION: President, Abel CLOSED SESSION announced that the Board will be meeting in Closed Session regarding: ANNOUNCEMENT Sec. 54957.6 Conference With Labor Negotiator Name of Agency Negotiator: Dr. Dubrule/Alan'Foden/Tom Brewer Name of Organization Representing Employees: Old Adobe Teachers Association - Calif omia School Employees Association CLOSED SESSION. 8:40 p.m Trustee Colbert moved to -reconvene the meeting in Closed CLOSED SESSION Session. The motion was,seconded by Trustee Boling and approved 510. . OPEN SESSION:, 11:15 p.m. Trustee Janakes moved to reconvene the meeting, in Open OPEN SESSION Session. Trustee Boling -seconded the motion, motion passed on a 5/0 vote. DECLARATION OF CLOSED SESSION DISCUSSION/ACTION: President Abel CLOSED.SESSION announced that the Board did not take action during the Closed Session identified above. DECLARATION ADJOURNMENT.• 11:17,p.m. Trustee Kiefer moved to adjourn the meeting. The motion was ADJOURNMENT seconded by Trustee Boling and'approved unammously. 0 • 0. Page 4 2-8-01 e • 0 • CLASSIFIED EMPLOYMENT - Chanae.of Assianment Name, old Position Karen Johnson Nancy Bell Jennifer Kendall' Andrea Anderson Kim Johnson CLASSIFIED RESIGNATION Name Melanie Heysek PERSONNEL ACTION LIST #298 February 22,,2001 Campus Aide; 1.58 hr/day, 5 day/.wk, @ $9.44/hr' Sub SAC_Asst_,• 2..2 hr/day, 5 day/wk, @ $9.65/hr. Crs.._Ged., 1 h_r/day, 5 day/wk, @_S14.11/hr & Campus Aide, 1:5.hr/day, 5 day /wk, 38•. 54/hr Campus Aide, 1.34 hr/day, 3 day1W, @ $8.97/hr Campus .Aide,. 1.34 hr/day, 2 day/wk, @'38..97•/hr New Position Effective, Campus Aide, 1.58 hr/day, 2/23/01 5 :day/wk, @„. $9.4`4/hr ,and Spee. _Ed. inst. -Asst_ . , 3 '.Fir"%day, 5 , day/wk'; @ $9,.65/hr SAC Asst. , 2,.2 hr/day, 2/.23/01 5 day/wk, @,$9.65/hr Crs.,Grd.,"1 he/day, 2/23/01 5 day/wk, @_$14.11/hr & Campus.Aide, 1.5, hr/day,' 5 day/wk, @ S8.54/4r & Inst. ASSt.-, 3 hr/day, 5'day/wk:,. @ $9.39/hr' 'Campus.Aide, 1.25. hr/day, 1/31/01 3 day,/wk, @_ $8.,97/fir Campus ,Aide,, 1.25;h�/day; 1/31/01 2.day/wk; @"$8 9,7/hr Position Effective ,5'pe¢:,Ed. inst'. ASSt., 2/7/01 , 3 hr/day, 5 day/wk, @ $9.65/hr Date of Hire 1/16/01 Location M.V.. M..V. M.V. O.A.: O.A. Location M.V. 0, 0 TUESDAY. MARCH 13. 2001 PIC, "II ;�� BOARD OF'SUPERVISORS SONOMA.COUNTY REGULAR MEETING SPECIAL DISTRICTS MICHAEL J. CALE SUPERVISOR'S CHAMBERS MIKE KERNS_ SONOMA COUNTY TIM SMITH ADMINISTRATION BLDG. PAUL L.,KELLEY 575 ADMINISTRATION DR., ROOM 102A MIKE REILLY SANTA ROSA, CALIFORNIA 9540. 3-2887 MIKE CHRYST.AL PHONE 707-565-2241 - STEVEN WOODSIIDE FAX 707- 565-3778 WEB SITE http://www.sonoma-cou,nty.org/main/ 1ST DISTRICT 2ND DISTRICT 3RD DISTRICT 4TH DISTRICT 5TH DISTRICT COUNTY ADMINISTRATOR COUNTY COUNSEL The Board of Supervisors welcomes'you,to its meetings which are regularly scheduled each Tuesday, and your interest is encouraged and. appreciated. Public Transit Access to the County Administration Center Sonoma County Transit: Rt. 20, 30, 44, 48,.60, 62, 64 Santa Rosa CityBus: Rt. 14 Golden Gate Transit: Rt.,80 For transit information call (707) 576-RIDE or 1400=345-RIDE. The agenda is divided into,two sections: CONSENT CALENDAklhese rgatters include routine financial and administrative actions, appear in the blue section and are,usually approved''by a single majoritv.vote. Any Boar&Member may remove an item from the consent calendar. REGULAR CALENDAR: These items include, significant and-administkative.actions of special interest, appear in:tbe white section 'and'are''classified,by'program `area. The regular calendar also includes " Set Matters' ; which are noticed, hearings, work sessions and public hearings. ADDENDUM: If thereis.an'addendurn1o'ahe agenda, it Nill.be posted.atthe.above referenced web site by -.Friday af5:00 p.m. the week before the'rneetmg., ANY MEMBER OF THE AUDIENCE' DESIRINGTO,ADDRESS THE'BOARD ON A'MATTER ON THE AGENDA: PLEASE.WALK TO'THEROSTRUMAND AFTER RECEIVING RECOGNITION FROM THE CHAIR;,GIVE YOUR NAME AND ADDRESS; AND YOUR?COMMENTS OR QUESTIONS. IN ORDER THAT ALL INTERESTED PARTIES HAVE AN OPPORTUNITY'TO, SPEAK, PLEASE BE BRIEF AND LIMIT YOUR COMMENTS TO.THE'SUBJECT UNDERDIS_CUSSI.ON. TIME LIMITATIONS SHALL BE AT THE DISCRETION OF THE'CHAIR OR BOARD. E Agenda - March 13, 2001. Page 2 Tuesday..March 1.3.2001. 8:30'A.M. SPECIAL,DISTRICTS Consent Calendar SonomaCountyWater Agency, Sonoma ValleyCountyS_anitatiorfDistrict, South Park County Sanitation:District. GENERAL COUNTY'GOVERNMENT Approval of Agenda Consent•'items pulled Items to beheld Off Agendaltems Commendatory/memorial resolutions BOARD OFSUPERVISORS Consent Calendar SPECIAL.DISTRICTS Regular Calendar Community Dev,elopment Commission BOARD OF SUPERVISORS. Regular Calendar Health&Human Services Criminal Justice System Services Development Services, General Administrative Services ,Close&Ses`sion: - L The Board of Superpisors-will consider thefollowing.in closed session- ' Conference with Legal Counsel =EXisting`Litigation, Name::of Case: April Chapman v. County of Sonoma, et al. Supenor• CoumlVo.;' ' -22856 Agencyclaimed'againsti ,Sonoma,County District Attorneys Office (Govt:,.Code:Sectiori 54956:9(a)) 2. The Board of Supervisors will consider the following in closed session Conference with' Real,Pfoperty, Negotiator Property, . Sfiilofi.Ranch Regional Park -and _ Mayacama'Golfdub Negotiating.Parties: ,Di rector,ofRegional Paiks Mayacama Golf Club Under 1 Negotiation: -Boundary and lot line adjustment- (Govt. Code Section'5495.6.9) Agenda - March 13, 2001. Page 3 2:00 Report on Closed:Session 2W Personal Appearance's 2:00 Permit and Resource Management Department Review and possible action on the following: 1. Acts and :Determinations ofPl'anning Commissi_on/-Board;of Zoning Adjustments 2. Acts and "Determinationsof Project Review and _Advisory `Commiitee 3. Administrative Determinafions of the Director ofPermiUand Resource Martagemenf Reeular Calendar Public Hearines: 2:15 Hearing:, P_RMD File, No. UPE 00-0065 Description, To consideran appeal by Bloomfield Rural Alliance of a Board of Zoning Adjustments decision to, approve a use permit to relocated a composting facility from the 782 Thompson Lane mushroom farm and a new commercial mushroom"farm',and agricultural employee unit Env.,Doc:: Negative Declaration Location: 900,1 Roblar Lane, Petaluma r,. Sup. Dist.:.. Dist. 112„ - (CONTINUED TO APRIL 24, 2001,at'2:30 P:M:), 0 0 SPECIAL DISTRICTS CONSENTCALENDAR MARCH 13.2001 11 III. DEVELOPMENT SERVICES SONOMA COUNTY WATER'AGENCY 1. Healdsburg'V.eterans'.Memorial-Beach`.Dam Fish Lad'derProjecf =Advertise for Bids Resolution adopting plads,and'specificationsifor the•Healdsburg Veterans' Memorial Beach Dam Fish Ladder. Project,,and�authorizmg advertisement for bids to be received by 1q.00 a.m: Thursdav, April,12, 200E 2. Marin Creek Channel Maintenance'and Revege,tation'Project Approve and authorize the Chairman tozexecufe.the.Agreement for Funding of the Mann Creek:Channel'Maintenance and Revegetation Project ($75,000) with Southern-Sonoma;County Resource Conservation District Authorize the,General,Manager/ChiefEn`gineer to execute:amendments to the Agreement -that cumulatively do notexceea $25,000`,an-&amendments to extend the term of thetagreement or to make othenchanges,to the,agreement 3. Mayacama W,astewater,Collection,and Treatment Facilities Agreement fofoperation and maintenancebf:the MAyacama Wastewater Collection and Treatment Facilities -1- -1, SPECIAL DISTRICTS_(Cont'.'d) CONSENT CALENDAR Wont'dl March 13,'2001 SONOMA COUNTY WATER AGENCY / TRANSPORTATION-AND`PUBdC-WORKS =SouthrSanta Rosa AvenueConduit Project = Phase.I and Phase II Concurrent action;authorizing.the Chairman to execute the,Agieement for: Fundingof the South Santa Rosa Avenue Conduit Project - Phase I'and"Phase Il ,($1,593,000) between;the Sonoma County -Water Agency and the.County.of Sonoma Transportation and Public Works and authorizing the General Manager/Chief Engineer and the Director of Transportation and Public Works to iexecut6j'amendments to the agreement that cumulatively do,not ekceed'$25,600, and,amendments to: extend'the,ferm of the+agreement or to make other changes,to the agreement for the, following: ''Sonoma County, Water Agency Board' of Supervisors 5. Mann Creek'Bypass,at Skillman Lane Concurrent action authorizingthe Chairman to: execute the-A�reern6fif for Fnn_diiig of the .Mann Creek Bypass at Skillman Lane Project ($75,000) between the Sonoma.County Water.Agency and the County of Sonoma, Department of Transportation and Public Works, and authorizing the General Manager/Chief Engineer and the Director of Transportation and Public Worksto execute„ amendments,tothe agreement,thafcumulatively domot exceedx$25 000'and amendments to extend the term of the agreement or t&make;other changes to the agreement for the following: Sonoma County Water Agency Board of Supervisors SONOMA VALLEY COUNTY`S:4NITATION DISTRICT (3=Member Board)' 6. Extension of Local Emergency for Reservoirs RI andR2 Resolution,extending the existence of local emergency for'Reservoirs RI and R2 -2- SPECI kUDISTRICTSWont'd), March 13, 2001 • CONSENT, CALEND,Aiki ont-'.d). SONOMA' VALLEY COUNTrSANITATION DISTRICT (Cont'd) 7. Extension of Local Er eraency Resolution exteriding;the existence of a.local emergency due to main sewer. trunk " 'lines deterioration -on -Broadway north and.south of Leveroni Road SOUTH'PARK COUNTY SANITATION DISTRICT 8. Annexation to South,ParkJSanitation'District Resolution approving,annexation of 3845 & 3855, Santa Rosa Avenue, Santa Rosa,;Galifornia; (APN 134-.181-046 &, 134-181-047) and authorize Chairman to sign on behalf of the; South Park County Sanitation District • -3- r i . - .. ., � � 1 ' " n � _ ' .� - � ' � . i - _ .. f, i, i .. a �' Sjtt�^�f� '�.C���x'i'.'F+��:•r� �qti:..-� 0;y.�p°x����'yY^k 4�e,, .. Sr.' � y`. °'ysr'x�• ��`i•.l4e-/FJ,,S'cc�7�.nn%L�i{ '&J3�r'nabfh,.lfvtj,'Y meYF{{'„„•ya, g'"a''ia,� 3a, ve„ei.l',�','1.,�$imyrcm' dib ��' '�b'ylik`S3X K-trS��zI.. -i:"�J C.Wr�•rrr7aW-r':9Lq4EF r �Yrpiuld.� ? n$ +ya.' �''�"5,"fC;�*�ShF �-Y,.{ d ^,i•�L-� �� T;�•.'A'W 'J < MEMO—, '�73� �'�iiY •'tJ��{"'�F � y� - s $,"�'�''''��Tx�'JStP_<�'�v�'--�'"�i'-ti _:� "'•� �!re-`"':p�, �;gy a�.5.� T ".��b4:4 : :° �` 0 e ,•B04RD OF'SURERVIS �T s ; MO ORiv.f- .x4 aL r c+'Z,?,� p.:, r'n�-r.:r.e:_ e , ik`'r '.� +r,�.'. .�}?}• a='..�.t ��"i. .' ter' '� T �ad„ri3 t 'r' `}L'i--1T`.r 1 �.9r+ '� •4'• ry}�•M F, yft•�,�j!��. ,'. YJ � �i''-�_�ify-y -+:�. _-'vt•4 i_�::rYi, v_�'`�y�.=.�.:-. �.�!�_•'�:,:. `:�-3' '. i': 3 CONSENT CALENDAR•: '' ° .al..r,�.:::'.`.,.,.3:i7il z c. ."w.h- ' • Yi'.}t:-: '. 4.'7J ` ,i�``�.r;o.•3..y;iti� ^. 'it'_•?:s3s''r'_i""`,'3s-�,(�?':1 %-':°� as �.ifi,.6He a:v_L`w4,'as,`'F•. vo�-v:. ': �:°�4*. . S-I -..-L�4 j-t\i}•A'.1'- .[' _ V-Y'bG r'i.- a i3 - .et, .. �:•S:nYf,- '�+r'�Ml�'•#,n' Mom. T.: +TL �" "'� _•;- '°3-� ..i�;» L+.r � � . `ef}'..t�i-'' rid,... h. ��a �!?'.,�,_m. .;�..�k(N. .;:.�:i �'i"e:,>.i.:t_s,.: t}'•=�'r -'rat''' i' bnl�.',�_x�., �§>i', .: y"� 4�:'•-f'?rcr�_�c ?'frT f: "k.: el`� i�'3�,�Y7 �T�-.+r�.sS•.�'��t'•i,'73YR!'.-y�:1at�,yFt�T:,jvs_�'9'��:f'r'y.=. •, r •�..-:u;`:. ,�.�..� .,�s'-_P�Flk- _ �.-�:r � �=�*..�• "'t, �3- ,Ve. �ONSUMER� PROTECTION.`•'`" � ,. - �,'�. �s,`.�,ti,�m ". .�„ NI. �,y�... :'aw�y..=.� %°::},�zaa�tea •`--tb: "'�'�e•^' .• ,. d- >_ •z t�`r `y�:i '6 ;t':..'eXi. �.� ... -; ' K'e'•.' �i" .S"... 35. ;1, .: .E"• _: y� ,il ,hz ,.^�' +IISSIONEI2'�':'K ^'.. ; �' ,,�~,_;.. ;a=; .. � ;�% fir%,; s' • _ � ;� A�^. :��' _•S.L_�sk �. k:�i�:�,;'— -. :s:t� i`°,rv�^j�s'. fr�fi`:i�r'}'`.fi' :-.r.•. •i.v' ;' .^' _ _ • megerc'y'•SerSices•Age_ement ;City:of;Healdsb gi;r'f,n°�^'.' Chairman to execute'an a eemenfwitfi'the Ci of Healdsburg for ,,mergency'animal control servicesao'the,City,tluoujh>R ine,30':2005 meat of cultrire (USDA) Wildlife Sarvices'Agreemeni� r SDA)', itfiorizmg ilie-Clia rman,to ezecufe an ag e O! v 1 ith ((U- ` Tx--:`+. ' •: '"Ted t„m,-j��:.o. r.,a 1. 1... .4ti ices,in�tHe,amouiit o $TS000 for animal damage control ser`ides for` }c,rlvwUuvu^LIbu7�t �. -N 'tE,`-Yiu+`�_v. +.�� �. -. _ ".rn�F ~a�nirr`d' YS �-.^ ... _t, - r3�1T2.,A... _ �f `-r •p`.''hY4�)'•"..".'9� y annual#audit-with a,biehniA audit,for thdiRoseland Fire t "• " .-......2.:r., -, eti rtiePd;.;+QL.i�Y �•»A.,4- {!yti'. +,' azumous�uote'requued)`7a _ �' c f . `3�s�+.r,-�'r`y�en•���;d'�3'���g` 3 i^�i(3• � .:;�� y, v"t^.:- � a L: r"�' d• 4�o'ep.4'Z'g"3 T„t� N of'th_e,audit?re p,ort ofSonoma:Coun A cultural r• A, 3`i'`.y, <: rs&ce District,for th"e period 07/OF/2000 to.,06/30/2001' `= In •sr:R ;_� �-•s'"•�{�' ��:- _ram - ,'E '-}y� �e'AY�'-- �.. {ty�:C�1u�.+.z,:. i=.s�._`t"ri�y'S1Yr�e' j.��nY��t?�i: � S' .,;�;'.i:ai #nEviu�:�'. �.$�,rv`i' 'Ci%�. .y�r�z., �•�`.TF; n�q..•i..,. � z� ='� .e ��.py'�; _�i:{<., 'b'•',:y�,.��, ctm7;:r^fio*y`..':;.:.>:.R-':d•��°�'•°LN ���.�. e, . y_. •3, '�:✓ " N s r 3 n + �'� F } r uW�,-z-a - ��.:ik 'S _ x A�. r yY>--+ � �. ,� �i�Rs � '-%'�•, C.j �� %�;uiµLt r��y .N Tc'b iat ���' r.%e,��,�•�i :•n'�". s i '+, El i_'r�-7f'+a,�`�•�X'r" y'.g-r :k r. 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T -• dd'Road-- A,(#6807'?)44T4_ ?`y ��+ ..ati','+`,.'!7&+s F'"'�"-•u•s'v _ Oidmanceestablishmgparkin�restnctrorison,Tod'd:RoadS(Ready,for,adopt}on)„�r,'..,;- 'v,.. f"„9'ii4..,i`' [7tf'k" 'Y^�•aax•, *_'r FN 44°'r- .h'.°ftir Iv��•..:..t., i' c W,t-%r4.+-'1".3�„:.Si.'h :Yj 3� c," - ' i ��r#'�-i`'t1 s.gt',�e, �t.s.iF,c�spi .'al}ii :-L,� !Y-�•'S?h- uwd: 1 P.Y i`�`ji. i' �•, �� y�� ��.. �aj,',4: -.�", . vd +a-4a'. '�j.,rk�{�, ,�' ,r•,S¢�.` . ��.d,, r�-+�Ei �',t, ���., '.: � :i»`)" . n � '.x = . �, - _ L. ,;., _-A'• i,�}$:� fF-a�=.0 .'.4g'`vn ,,, .'4 - h IVt-CRIMINAL JUSTICE'SERVICES::: � `'„F'.: •'MA i .Y 2 F.;. P n�t':'^r. : t. ��` ll_-. 1.Y r'. �<-sr ��><.?`�'�r�;.'��";'?=� °, • •, .:a l���: d3 '`S�Az�'^'''15'':.,��,_ - t,L `o ''`Fs%:_. �•':i....^Y :r•:n:ec'�.r_ . ;:l ,.ar'_': c,f =+Fa - - -�'- SHERIFF—CORONER1F "....'�et. "'�',5,4?'r�c.i ``1 W,e�f,�- �•t;T'4�:fii.� f��.}},, "� n.�'q vr�r�p�rF`c' �*'8-,;:.3�_'w.-n�,, .�2'n' '�_��� . Yot' :....'u+f �- ,:`:.1'•`�f ._ �-,', -s- _' �' � +�y-�uW,.�.��:�.v::-�,5u, `�:��,'-,. ,:a� t„ ! ."' -•'... ��x :-p�.�r'y.':?•:i,.. a'.^-��i['8_~e;s'rC L�tr^ 4x"ir. �F�" 4�'f.7c:. i�d'`. - - 3' --,'� 'is� - : �. �1`��a i. - ::,�s t, ,ttT, f• _,�.°_. 'r'.5'�,: GS NGr r- 4�d,:&<'e- "`wi, `"-'�'cr:,-..r: yf`,' .g ;,' �. •6' I `, 1 f,,` -... - : , i s t - r-0^ v ` '- r 'o i�z�': ?.-. �4 r a I�twS aj.crr�N� + ->• � �rti •Ka+t� c% •..-�.�'. w .: - _ .- =�,, - 20:>� Windsor Duress Alarms:, � � a �-:�.:,, .•:-�"-,.�� i=''.a�y� .,;._,., ,�:, � , �: ':; '�,,,_�.. :. , •�'-5,N i :' =4.at,'i"j-f''�-..r�•`.'T eL+�tik ,1 , -.; ,>ry Resolutionsapp�op�nating.unanticipated revenueNn^the_Lamo I of $N639'from the ' F `?I r 5-.a. - - - ' Town of Windsor to the StienffjstDepartment,Wmdsor budget- for installation of duress at.,v alarms anous Town of Windsor locations (4/5ths vote required), i ,}*' I 'P✓.. 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Radio:Purcliase� Y_i afl ''s,++'s �.� S_#`�p='::�'_"'�t'i�u:uf f'Y� �" r _J �a�° -�• �vResolat}on ,on ofi$561500 4o s_ervices andisupplies'witliinxhe,- n[TT`OJ.i',.; ri_ ,e . fi F-. •, .$ r fUfid a nee r base a o a ir/i 'i •. Me[,, - ^;� F. �% .,,,�z,,q,r��;,��..� rad}o�replacement fund�for the;purchase•of portalile�radios and�batteiy:cliargers','- �'` -;, - ' rri . r,- sad. eq fife�f-)i'il "J�',,`' ; t x' , `y�•� . n-,v�`,fi°itF'{ ;5, :.f ,?R'+}•i r.`-.�1. _ Y r--•, � F, rfy '�• ` .E rz:�-` (4/'5ff voteregu}red) g�� r•.G��„ .t r+7 y •y". ?J1,.�'"c� "wy ;E �+j s �,{_ -,5.gi+v':a.F' Ir'yaysM. � tc }� ��µµ i'�' ;d' _ 4-. _ :.i.'« 3-t.' j� �, J �_•.:.�:;., red+!, :- __ .y.. .4. ` ,'. 4' �'^"•! JIF"." P .�. .,r-.ty `{m'."�'li 'r :-1 -�', a •" 4vv I�� -1 �:. lv, y !. �yy2 t- �`r✓. ygsi• m� jp G- �` i. - i'•c' , .+ �1n O. ✓ �&'9 _4' jy- r �,`. ",��. �,,,,�t +y., :.1.: ��.:• , W? err C•1zty-g:-n'4�''v'.�- :d'lS..-.i..r.i- :.rY c.4j,.� .-'ni r' "23 . Communi Surveyire, r' .s•.. ,, 3:. �-- �: .�., r'.`• �A_ .�;wap, - •'`'-P.k``�'' S.er-e;u¢:c.,�;L`'i�� ,;:- - -,,=� ;.'• x�:..%s.:oF,' `t-f�'"- a., w.n"_ i }+ m ,Res61iit on. ppropnaatm?g 1 des}gnated even".true fro fthy Shenff'`s Special, r � Ezs.. Revenue Fund,f6i<Federal Fbff ture� DepRtment of-Justk ($36,560)' 6 the .' �;.� e na ��S,.�u,....--s ".�. �:�t: � . 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