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
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0
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9
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�' 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._
/
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/
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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Exhibit B l
Pa.zr2.of 2
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RESOLUTION NO.
5, t of the City of Petaluma, California
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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
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13 WHEREAS, the :City of Petaluma, recognizes that water is an essential and limited
t4 resource; and
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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
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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
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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.
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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
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0.
Page 4 2-8-01
e
•
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•
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
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meat of cultrire (USDA) Wildlife Sarvices'Agreemeni�
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itfiorizmg ilie-Clia rman,to ezecufe an ag e O! v 1 ith ((U- `
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