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Home My WebLink AboutStaff Report 03/12/2001 (15) .. . . CITY OF PETALUMA, CALIFORNIA 14 -T. AGENDA BILL agenda Title: WATER CONSERVATION PROGRAM Meeting Date; �1).Resolution approving a professional services agreement for the "Residential, March 5, 2001 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 iagreement for furnishing materials and services for the Industrial Water Efficiency Program with Pacific Technology Associates Department: Water Director:: Contact Person: Phone Number: ' Resources& Conservation col a S. Haris Steve Simmons/Lynn 778-4392 f H83, Hulme 778-4507 Cost of Proposal: Account Number: $80,400 601-400-9931-7104 426,400; Sonoma County Water Amount Budgeted: $80,400 Agency Amendment #10 Funds - $54,000 Name of Fund: Water Conservation Capital .) Improvement Project#9931 "Attachments to Agenda Packet Item:,-Reference Documents: I) 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 Progrtun for 2000/01" 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 ParkGIS 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 • Stillman/ 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 ofPetal'uma's Water Utility Systems, as well as-reduce 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 Priority: THIS AGENDA ITEM 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/Suggested'Motion: Adopt Resolutions listed above. eviewed 6_.'nance Director: Reviewed by City Attorney: Approved by City Manager:rn 4t; l ��i- I a'j/t�j `p Date of Today's Date: January 26, 2001 Revision #'a'4 P a : evised: File Co' fig: CITY OF PETALUMA, CALIFORNIA MARCH 5, 2001, 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 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• ERVCIES FOWTIlE,LANDSCAPE;AND IRRIGATION SYSTEM INVENTORY BOND PARK:.GIS PROTOTYPE WITH DENDRON LANDSCAPE MANAGEMENT CONSULTANTS, 1)) RESOLUTION,APPROVING.A PROFESSIONAL.SERVICES AGREEMENT FOR FURNISHING MATERIALS AND SERVCIES,FOR,PROMOTING THE'PETALUMA WATER CONSERVATION PROGRAM WITH THE WALKER GROUP E) RESOLUTION APPROVING A PROFESSIONAL SERVICESAGREEMENT FOR FURNISHING MATERIALS AND SERVCIEStFORINDUSTRIAL'WATER EFFICIENCY PROGRAM DEVELOPMENT WITH°PACIFIC TECHNOLOGY ASSOCIATES E%ECUTIVE,SUMMaRY: The City of Petaluma9Water 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 of Petaluma's Water Utility Systems, as well as reduce the amount Of wateridischarged 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. BACKGROUND: The City of.Petalumals2000/01 Water Conservation Program was approved by Petaluma City Council on July 17, 2000 and includes: 1. Residential and Non-Residential Toilet Replacement:.Program • 2. Residential-Water Management Program , 3. Non-Residential Landscape Water Auditand Incentive Program • 4. Landscape'Water Efficiency Standards'•andWater Waste Reduction Ordinance 5. Commercial/industrial,Water Survey and.Incentive Program . An estimated $2,750;083Jof'funding..will be available from 1998`through;20094to the City„of Petaluma (City) for water conservation measures-and mater reuse programs. .These funds are identified in Petaluma's portion of the Sonoma County°W.ater Agency's Draft Water Conservation Plan with the goal to reduce water demands on the transmission system. SC,W.'A staff will bei working closely with City to administer the water • )conservation programs. The goal-ofthe PetalUuiia Water�Conservation Programisto reduce water=use by 1,000 acre-feet per year by the year 20/5. Water"savings 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 new'developments,.and;modifications to the . • water waste,reduction and water shortage emergency sections of the City of Petaluma Municipal Code at;a Petaluma Council,Meeting in the spring. A) $4;000:Budget- As part of the Residential Toilet Replacement Program,all,old:toilets must be recycled • to receive the$100`,rebate. The recycling,of older,toilets;into roadbase will insure that these toilets will notbe reinstalled for usage. Old Adobe Developmental Servcies, Inc. through°their•affiliate,.the Petaluma Recycling Center, located at 31,5 "2°d" Street , Petauuma; will accept',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 150 high flow toiletshave been replaced. B) $10:000•Budget- As part:of the Landscape Water Audit and Incentive Program,;landscape water audits willbe performed at up to l4 city-owned,parks,located,onthe east-side of Petaluma, Landscape water audits include an inventory of sprinklers on each valvekircuit 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 bythe'Irrigation and Training 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's evapotranspiration (ET). Irrigation/c ontroller sketches are provided that identify the location of the sprinklers on each valve, their respective precipitation,'rates and distribution uniformity. Cagwin,& Dorward landscape,contractors will be performing landscape water audits, sketching.irrigation controller•maps, diagnosing and recommending ways to improve both the technical • performance and themanagement of the irrigation systems. • C) $10.000 Budget - This pilot project is to create 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 that:affect'water use-at-Bond Park and to gather pertinent technical data, the project has been expanded to include othenpark features such as lighting •paving,benches, and other park features. prototype park s-to be mapped and inventoried!to improve The intent of the rotot e is to determine= ark<feature 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 final-report-will include a copy of the ArcView project file to use with the.City of Petaluma Information System's master•GIS computer data,fles, digital maps and recommendation for inventorying additional parks and keeping the inventories updated. D) $6:400 Budeet- Water conservation 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 Petaluma's conservation staff and Petaluma;consultants working with the community:on water conservation projects. Some tee shirts will be given,away,at the Sonoma=Marin.Fair and other Petaluma _ events to promote water conservation and water'awareness. Three thoussand:plastic bags (12'' x15") 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 . •ak purchasing 6 water conservation bus signs•to post on City of Petaluma buses. • E) $50.000 Budget -This project will pros ide the strategy documentation andlsupport necessary to:create • an Industrial Water Efficiency Program' fors the City of Petaluma. This builds upon earlier work funded ° by the City of Petaluma; Sonoma County Water Agency, and the Rose.Fou"ndation thatprovided 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 performance-based public financial incentives. • The primary objective is to'-improve theiefficiency 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.this objective in,significant,fashion requiresluncovering'and addressing.critical implementation issues. While some of these issues are already known, others have yet to be identified_ Thisproject+therefore includes procedures'for°identifying critical issues:::so°they may be'addressed in the program design. The design,of awater efficiency program is fundamentally different front 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'designra demand management program that will deliver superior•results. ALTERNATIVES: - • A) Require thatthe Residential Toilet Replacement 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) Includeadditional parks in the pilot GIS°prototype project and increase the budget and staff time to lir administer the project. Defer the pilot GIS 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'on the Internet. E) Wait-to/prepare the strategy, documentation, and supporrnecessary 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#9931 funded from Water Utility Revenues:from SCWA amendment#10'-funds 601-400-9931.7104 $26,400 Wastewater Revenues 602-400-9931-7104 $54,000 CONCLUSION: The City of Petaluma,'should continue to implement:water conservation programs in order to become a more sustainable community,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.MEASUREMENTS THAT WILL.IDENTIFY SUCCESS;OR COMPEETION:• A) Recycle the china portion of the high water-using toilets 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 audit tat 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 Furnishing Materials'And • Services For The Landscape Water Audit Project With Cagwin & Dorward. C) Adopt The Resolution Approving A Professional Services;Agreement For,Furnishing Materials And ',Sericies,For The•Landscape And Irrigation.System Inventory.Bond Park GIS Prototype With Dendron 'Landscape Management,Consultants, D): Adopt The Resolution Approving A Professional'eServices Agreement For Furnishing,Materials And Servcies For Promoting The Petaluma Water Conservation Program With The Walker Group. E) Adopt The Resolution Approving A Professional:Services Agreement For Furnishing.Materials And Services For The Industrial Water Efficiency Program With Pacific Technology Associates • • • • • • - • • • • • • • • Resolution No.. 00-119 N.C.S. of the City of Petaluma, California 4 5 AUTHORIZING APPROPRIATION USING REVENUE FROM THE 6 SONONIA 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 $230,000 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 • 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.PROGR4M 7-17-00/SB Under the power,and authority conferred upon this Cdiincil.bythe;Charter of said City. __ REFERENCE: I hereby`-certify the foregoing Resolution was introduced and adopted by the Approved as to for Council of the City of Petaluma at a(Regular) (ViAt1rlie8 (SUlal)Cmeeting ---_rm on the 1.7.th day of July T._..Z.QQU by the .F(`'- following vote: City Attorney 1 AYES: Healy, Cader-Thompson , Keller , Maguire, Hamilton , Vice Mayor Torliatt j Mayor Thompson S: None. 6, ABSENT: None 1 �/}, ATTEST. ..L .c.:.. .. City Clerk / ) _ Mayor lJ Council Fife.n_1-1-9 -.-... Hr' NIL 7" - N CS. CA IU�Mn • • mpg \uuocheaagremnts _ - g-9 1v -- � pup,nf-wewafeNOerwc✓o JO ino gw ers,en c.'.5/00;;51 PM , TW 99/00-100 . Cooperative Agreemerit+ • • 1 for Funding And:Administration of-the Petaluma Water Conservation Program for2000101 This agreement isbetween;"the Sonoma County Water Agency,,a body corporate:and'politic of the State of California (hereinafter"Agency"), and City of Petaluma (hereinafter"City"). RECITALS A. The City and Agency share the goal of promoting increased efficiency of water use in order to reduce operating costs, avoid or defer capital impTovement costs associated with expansion of water supply and wastewater disposal systems, minimize:associatedxenvironmental`impacts, and meet criteria and standards of state and federal'reaulatoryagencies.B. -Amendment No 10-to the Agreement';for'WaterSupoly and Construction:of the Russian.River-Cotati Intertie Project approved by,the Agencys Board of Directors Resolution.97 .11.28 on August 25 1997, authorizes the Agency to implement and fund°water conservation measures that are cost effective and'Will reduce water demands on the transmission system. C. Agency and City have,cooperated to implement<a Water Conservation Proaramfor the past 3 Yearslwhich consists of specific programs tairnprove,yvafer efficiency The City desires the Agency's continued assistance in developing and/or implementing soecifc;orograms within City's Water Conservation Program as'described • in Attachment B. D. The.City is requesting.a total of 8389,0001orprogram funding.. E. Funding for this program is available from iallocatidn in the Agency's category of "Water Conservation Program;" Sub-object 7247,'(Account No. 675108)within the:Agency's 2000/01 budget: F. Agency.and City do mutually desire to coope rate-in the implementation and:financing of said'Program. AGREEMENT The City and Agency agree as follows: • 1. RECITALS All ofthe above recitals are'truerand=correct. 2. DEFINITIONS For the purposes of thisagreementthe following terms and definitions`shall be.used: • Contractor-Contractor hired by City to perform installation of equipment and recycling for"Participants of applicable,programs, fund=raising activities, and/or marketing to Program:Participants;and/or applicable staff.. Participants-City.of Petaluma waterorwastewater customers who qualify underthe=termsand conditions of.eadh individual program as described inrAttachment3': Cocoearne Agreement for Funo,g ana fr s ration of the Petaluma Water Conger:aeon Program for 2000/01 - 1 • • Proaram - For the purposes of this agreement"Program" shall refer collectively to the Water Conservation programs described in Attachment S and related activities the City and Agency have agreed to perform in cooperation_ Program Administrator-Agency staffiassigned to implement Program and perform Agency's • responsibilities. ■ 3. COORDINATION • Cityishall,coordinate,all work with Agency's Program,Administrator, Lynn Hulme, Water Conservation. Spec alist?(Phone: 707-547-1918 Fax 707-524-3782) or.assignedperSonnely City contact is Thomas Hargis Director'of Water Resources and Conservation'(Phone::707-778-4304; Fax 707=778-4437)or assigned personnel. • i . 4; CITY'S RESPONSIBILITIES City shall complete the City's Water Conservation Proaramcat its cost'and expense,,except to the extent of Agency 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 timed including desks; dedicated telephones with Hotline" at 707-778-4507 and capabilities for four :message/announcement mailboxes, and.chairs. . C. City shall,"provide meeting facilities forany necessary meetings relating to Program. D City shall provide Program Administrator with a.;current mailing list', including names and addresses, for residential water customers:with summer,and'winter waterruse amounts. E City shall provide Proaram Administrator with a:current mailing list, including names and addresses, forncn=residential water customers. j. F. City, shall select and hire Contractors required by Program, based on Program -Administrators reco'minendations. G City shall pay invoices submitted by;Contractors and approved'by Program Adrriihistrator. H. City shall require its"Contractors to insure and indemnify the Agency:using the language identified in Attachment Aias.the language for Agency insurance and indemnification requirements in the request for proposal package and shall:provide:evidence of such insurance and indemnification to Agency in a form satisfactory to Agency. I. City,shall select, based on Agencyrecontmendations, all fixtures included in Program. J. City shall maintain complete and accurate records ofall ,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 records:shall • be'available,.to'theAgency at all reasonable times forinspection 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 shall'pay all:appiicable rebates/incentives to Program Participants, as qualified and submitted•oy Agency. M. City snail provide'at least=one (1) staff member with knowledge of City water accounts:to work Special EventFund:Raising for twoi8-hour weekend days. ) t • "O000eratrve Agreement for.Funding and Admin,straoon of the Petaluma Water Conservation Program tor:2000101 • . 2 { 1 • N. City shalG;meetwith Program Administrator,and'Agency staff to discuss"City's coals and objectives for the following,programs: • Residential Irrigation::Manager ent. Wir • Low Water,Use LandscaoeOrdihance. • O. City shall. work with Agency to create Water Conservation"Web page and shall pest information supplied by Agency and update web page;as necessary. P. City shall copy°and inserttwo water-conservation flyers, provided by Agency, into water customer's bills. Q. City shall invoice the.Agency forcosts authorized "under this agreement All invoices submitted to Agency by City shall be clearly marked with "City of Petaluma, Funding of 2000/01 Water Conservation Program, Project/TaskNo 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 administraton and follow-up-of the Program., • Provide staff:to respondto incoming calls from the "Hotline," established under Section 4, item B, as needed, for the duration of this agreement. • Prepare overall marketing scheduleiforthe Program. • Review, verify, and forward to City payment requests from Contractors and Participants requesting rebates/incentives. • Monitor and track'.workprogress.and,Program costs. • Prepare monthly•reports summarizing status of all aspects.of Program and submit to City and Agency's General Manager/ChiefEngineer. • • Work with City to create Water Conservation Web page and provide City undated information for posting to-website. • Coordinate Public Service:Announcement (PSA) video marketing campaign. • Design and provide,2';camera-ready water,conservation,flyers. • Design and',coordinate signs for.City buses to market the;toilet and irrigation programs. B. Agency will provide the following services for the Non/Residential Toilet Replacement Program, described in Attachment B: • Mail•uo to 1,000brochure/applications'to commercial;industnal water customers. • Run two 'A±page ads in the local newspapers promoting the Nan-Residential Toilet Replacement' Program: • Process Application-forms. C. Agency will:provide'the'fo,llowing services for the,Residential Toilet'Replacement Program, described in Attachment B: • Provide draft "Request for,Proposal" and sample scope bf work?for Special Event Fuhd. Raising Contractor, described in Attachment B. • Contact potential non-profit partners and coordinate fund raising events, • Provide at least 2;staff to work at the Special•EventFund Raising weekend days. • Contact andmarket the Rebate Program with local plumbing supply stores. • Run two Y.±- page ad in the local newspapers promoting the Residential Toilet Replacement P rog rani: "Il • . Process,:Application forms. • Design, print;and distribute marketing materials for the;Rebate Program. Cooperative Agreement for Fuming anti Aamintstrapon of the Petaiuma Water Conservation Program for 2000101 3 D. Agency will provide the following services for the Residential Water Management, 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 wat er management • I • Purchase landscapewaterconservation tools. i • Prepare-draft scope of work' for professional'services agreement:needed'to!hire contractors for ,the Pilot ET Satellite Controller and Residential Water Surveys. E. Agency Will iproVide the followrngy•servid=_s for=,the. Landscape Water Audltand' Irrigation Incentive . Program,described inpAttachmenea:- _ • Up to20'landsca e water audits aPdualified non-residential water custbmers;faauties. • Disseminate ET;date 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. • Prepare monthly°reviews thatcorhpare,w'ater,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, describedin Attachment B: • Meetwith,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 Citys 1,Comfnercial/Industrial Water • Survey aria Incentives Progarn to City consultarit, Bay' Institute of Sah'Francisco, and program participants.• 6. FUNDING A. Upon execution;of this agreement.,receio6:of'an invoice'thereof and receipt ofrevidence-.of insurance and indemnification'`from the City's Contractors Agency will deposit with.City $230;000, which is to finance;a;.portion•of the following costs: ▪ Special Event contractors and Directt-install contractor's labor endlmater•als for Residential!and Non-Residential ToiletR_c acement Program. • Irrigation Ihcentive;and:Tbilet Replacement rebates. • Internet and telephone charges for Water Conservation i telephone including -four message/announcement mailboxes. • Newspaper ads, City bus signs,;PSA videos, and marketing_campaigns: • Contract services for marketing and:administration. A. Agency will:also provide wp toi5159,000;for-Program-administration consisting' of Agency staff time •and.material,costs. I C. Agency's maximum obligation under this agreement-shall not:exceed 5389.000. • 7. ADDITIONAL REQUIREMENTS t A Agency will notify Citylin writing when Program management reach.5135,150, which is 85%0 of Agency's budgetfor'Program`managemeht a"s.provided'for in'Sectidn o item B. ■ ' I C000erative agreement for Ponoing and Aaministratton of the Petaluma Water conservaiioriProgram or 2000101 4 • 'I ii 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 firsts as described and provided' for in Section o, item A C. Once Agency has notified City, City shall advise Agency Ein writing within 30 calendar days of its desire to do one of the following: 1) •end,the 2000101 Program when 100% of Agency funding is.depleted; or 2) fund'100% of additional'Program costs to continue with the 2000/01 Program' without,additional funding from Agency:or 3) request additional' funding from Agency. In such event City shall submit a revised budget 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,that,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 contribution to Program costa, by an 'additional amount not to exceed $25.000.00. Notwithstanding-'this authority, Agency is:under no obligation to approve such requests. D. General Manaoer/Chief Engineers _Authority: The :Agency's General Manager/Chief Engineer is authorized to execute:arriendments that cumulatively do not exceed $25,000, pursuant to pa agraphs 7.C.3 above. E. Refund of Remaining 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 within30}days of submitting said°statementtaAgency. F. No Waiver of Breach: The waiver by Agency of any breach of any term or promise contained in this agreement:shall not be'deemed to be aiwaiver of sucn'term or;provision or any subsequent breach of the same orany other term or prorr ise`contained in this.agreernent. G. Construction: To the fullest extent;allowed by Ithe.provisions of this agreementshall'be construed and given effect in a manner that.avoids any violation of statute,.ordinance; regulation, or law. The parties-covenant and agree that inthe'event that any provision of this agreement is±,held by a court of competent jurisdiction lb be invalid, void, of unenforceable the 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 have:each contributed to:the making of this"agreement 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 fayor of the other. City and,Agency acknowledge that they have each had an.adequate opportunity to consult;witn counsel in the negotiation and preparation of this agreement: H. No Third-Party'Beneficiaries: Nothing contained'in this agreement shall be construed°.to.create and the parties do:not intend to create:any rights in third parties. I. Applicable. Law and Forum: This agreement shall be construed and interpreted 'according to the substantive law of California excluding the laW of conflicts. Any.action to enforce the terms of this agreement or forthe,breach thereof'shall'ibe brought and tried inthe County'of'Sonome. J. Caotions. The captions in this agreement are solely for convenience.of reference. They are not a part ofthisyagreement and shall have no effect omits construction;or interpretation. K. Merger. Thi§writing is intended both aa"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 1856 No modification of thisagreerrfent shallbe:effedtive"unfess;and until'suchmodincation 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. Cooperative Agreement for iunang and Aomrnisual on of t0e Petamma Weir Conservation Program for 20001o1 5 • 8. MUTUAL INDEMNIFICATION Each party shall indemnify; defend, protect, hold.harmless, and release the other, its officers, agents, and employees from and against any and all claims losses proceedings, damages, causes or action liability, costs, or expense. (including attorneys' tees 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 ãmoun1 or type of damages:or compensation • paya'ble<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 thls(agreement shall be oneryear from the date of thesigned:agreernent, unless terminated earlier in accordance with the,terms herein. 10. •TERMINA'TION'OF AGREEMENT This agreement may be canceled upon thirty (30) days written notice.by either party. / / . • • • • • •Cooceraove Agieemam Tor Funa nv ana Aaminsr5fun of he Petaluma Water GansarLauon Program for 2000101 6 IN WITNESS WHEREOF,the,parties hereto have executed.this agreement,as set forth below. Reviewed as to substance oy City: •Revii wed as•to;substance by Agency' L./ nalla L' Department Head Department Head • Reviewed as to funds by City: Reviewed as.to funds by Agency s, {Lit_ ill. l. CI,i l;1 Finance Director vision•Manager'-Administrative Services Reviewed as to form,by City Attorney: Reviewed as,to- m by Co ,nty Counsel: City Attorney County Counsel • Approved as to form: • City's Risk Man 410I. CITY OF P— ALUMA n SONOMA COUNTY WATER AGENCY. BY: �� By ((,„ Manager Chair Board 6"Directors Date: . c , !, 0206 ` Date:... ,L, 2 4 4)15 Attest Attest: City Clerk ( V County Clerk and ex-officio Clerk\of the Board of Directors. c000eratrve Agreement for Funning and Aomrnrstrauon of the Petaluma Waler Conservation Program or 2000(01 7 • ATTACHMENT A WORDING'FORDIRECT-INSTALL CONTRACTOR . • INDEMNIFICATION Contractor agrees to:accept all responsibility for loss or damage to any:pers"on or'entity,, and"to defend. indemnify„ hold'harmless'and release the City of Petaluma and the Sonoma County Water .9aency'. 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 connection:;witn=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 indemnification oblige'tion,:i"s not limited in>;any way by any limitation'on the amount or type of damages or comoensation^payeble to'torfor 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 and the^Son'oma.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 ithe executed contract The properinsurance shall be provided within ten (10) calendar days Latter thelcontractor has received the notice that the contract has+.been.awarded and prior to the City 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 insurance'required hereunder has,been.submitted and approved. With respect to;performance of work under this contract, Contractor shall maintain and'shall:require all,or 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 beendorsed with the following specific language,. • This policy shall not be canceled or materially changed withoutfrrst'giving thirty (30),days prior written notice to the City of Petaluma and Sonoma County,:Water Agency. B. •• Commercial'General:'Liability Insurance-covering bodily injury andiprope ty.damage utilizing an • occurrence poky form in an amount no less than $1,000,00.0 combined single limit for each occurrence. Said commercial general liability insurance policy shall either,be endorsed with the,, following specific language dr contain.equivalent language in the policy: • .1. The City of Petaluma'.and Sonoma County Water Agency, their officers and employees; 'are:named,as additional insured for all liability arisingout of the;operations by or on behalf of the.named,insured.V1 the performance of this contract. , 2. The:inclusion of more than one insured.shall not operate) to,impainthe.rights'of one insured .against another insured, and the coverage afforded shall apply as though • separate policies had been issued to each insured but the inclusion of more than one insured shall not operate to increase,;the limits of the company's liability. l.. The insurance provided.herein is primary coverage to the City of'Petaluma and Sonoma County Water Agency with respect to any insurance or self-insurance programs maintained by thetCity of Petaluma and the Sonoma County Water Agency,, Cooperative Agreement for Funning and Adr,nisiration of the Petaluma Weier.Conservation Preplan')to/2000101 A-1 4., This policy shell not be canceled or materially changed without first giving thirty (30) days prior wntten notice:to tne'Cityof Petaluma and the Sonoma County Water Agency. • C. Automobile Liability lnsurancetcovenna;bodily injury and property damage in an amount no less than 5500,000 comoined single limit for'each occurrence Said insurance shall include coverage for owned, hired, and non-owned, vehicles., Said policy shall :oe endorsed with the following language: This policy shall not-be canceled.or,materially.chanded without first giving thirty (30) days prior written,ndtice to the City of,Petaluma and^Sonoma County Water Agency • . • C000eraave Agreement for.Punaing and Aomimsiraeon of me Peialurna Water.Conservauon Program for 2000/01 A-2 - • • ATTACHMENT B • City of Petaluma•Water'Conservation Program I - For Budget-Year 2000/0.1 • prepared by the:'Sonoma-County Water Agency INTRODUCTION • The City of"Petaluma s,(City)Water Conservation Program (Program) includes development:and implementation • of various water conservation measures that 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 Wastewater •Treatmentand Disposal System: This Program consists primanly,of voluntary, incentive-based water conservation programs. Theuse of voluntary conservation ro rams;allows for community involvement and education to achieve water resource p 9 tY management without high Ievels'of.mandatory".regulation: Water Conservation Programs include: • Residential and Non-Residential Toilet Replacement Programs • Residential Water-Management Program • • • Non-Residential.Landscape Water Audit and=lnc=naive Program • Landscape Water Conservation Ordinance and Water-Waste Reduction Program. • Commercial/Industrial Water Survey andincentive Program We will expand cur community outreachzTandreducation program through regular newspaper ads, feature water conservation'messages on the back,of Petaluma buses, and provide City staff with'water conservation information throughout the year. • We propose'to work witht,the Council for Commumry.Televisionto utilize the medium of video to produce a series IP on water conservation projects. The City will sponsor contests for Petaluma residents,to•compete 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 en;untapped resource for furthering:community'awareness'and participation. - • An estimateS2;780 083 oficfunding;will be available from 1998 through 2009 to the City for water measures and water reuse:".programs. These funds are included,and 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 Transmssibh System. Tfie'prograrncosts,and water savings estimates are based on: • Agency-funded Montgomery Watson Study, Water and Wastewater Efficiency/Avoided Costs Study, September 1995,(MW.Study). J • John Olaf Nelson Water Resources Management, City'of`Petaluma's 1997 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 Cooperative Agreement for Funding and Administration of the Petamma Water Conservation Program for 2000/01 B-1 'City of Petaluma - Capital Improvement Plan. (CIP) in thousands of dollars ) SOURCES Current-Year .FY FY FY FY':- FY - 5 YR CIP FY 99-00 00-01 '01-02 02-03 03-04" 04-05 _ TOTAL WPC Operating 1'51 45 ' . _ 45 43 ; 45 ;45 ., 225 Fund (City) WPC Capital >; 319 • 99 99 99. 99 715 Fund (City) Special 147 389 92 92'• 92 ' 92 757 Assessment ' f (Agency) ., TOTAL 236 236^� z 236 1697 Water ConservationtProgram— FY 00-01 Budget Year • in thousands of dollars Agency WPC WPC Amendment Operating Capital Water Conservation Programs Total #10 Fund Funds, Non-Residential Toilet Replacement: 681 211 141 230 Residential Toilet Replacement 491 13 1051 167 (Residential Water Management 105 01 01 105 Non-Residential Landscape Audit'and 122 0 0 122 Incentive Landscape Water Conservation Ordinance 1,1. 0 0 11 Commercial/Industrial Water Survey& 34 11 73 118 Incentives Total) 3891 45 319 753 • • • Cooperative Agreement for funding and Aommrstrauon of the Petaluma Water Conservation Program for 2000/01 'B-2 NON-RESIDENTIAL TOILET REPLACEMENT PROGRAM Background In 1997, the C tyof Petaluma initiated a Non-Residential Toilet Replacement'Program with the goal to replace • 50% or 1,825 high-water ,using toilets with new water-conserving fixtures ',in industrial, commercial, and institutional:facilities To date, 47%, or-861. .(of'the 50% replacement goal) have'been replaced at-e cost of$311 187or`8361 per toilet. The annual water savings of the 1,825 toilet replacements-is.estimated to be 62.3 . acre-feet per year I n-Progress:Administration The budget for Fiscal'Year 2000/2001 for this program is 8230,000 and is described below. The City entered into a one-year professional services agreement with Action 'Plumbing Maintenance and Heating in October-1,999. 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 lime, for non_residential water customers to apply for the program. Although applications are not coming in,as;astas they did at the beginning, we,are:finding that a number of businesses have replaced their toilets on their own withoutassistance 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 freefixtures 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 their own;supplier 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 willlcontnue..to work with City-staff to market and administer this program: I Cocoeralive Agreement tor Funding and Aaministrauon of Ine Petaluma.Water Conservation Prcgram for 2000/01 B-3' • RESIDENTIAL'CT,O1UET'REPLAOEMENT PROGRAM • • Background • .) The, 10-year'ReSidential.Toilet Replacement ProgFarn goal is td;rec_ce .26% or-7;039-gravity-flush toilets in residential dwellings:• The'•water savings is.estimated to be 85:7 AFY,. A Special Event Fund Raiser kicked off the First year of the Residentia T oilet<Reolacement Program, replacing 957 high-water-using toilets, Free-orcharge;, 1:6-gallon=per-flus 'cilets, faucet aerators; and low iow showerheads (fixtures) were•given to residential water customers dun; one,weekend on September 1999. The City donated S15 per toilet to ^Casa Grande and Petaluma High S=-cols•for, working with the City on this program. • 2000/01 PROGRAM ADMINISTRATION; • The budget for Fiscal'Year 2000/2001 for•this program is $167,000 an: sdescribedbelow. The second year of the program ram will•offer articipants one or twop o for fixture replacement ea Who-wish to Special'Event Y P 9 P P Fund Raiser, and/or Rebate Rebates•of $100 er•toilet will be aid purchase and • install their-own fixtures. Thegoal is?.to,replace 1,000 high-water-usinc ilets•during the2000/01 program. The program(s) will be marketed through,''public service announce-rents, bus signs,. newspaper ads; and cooperative adveFtiaing with local?plumbirg;supply stores. • • • • • • • C000erauve Agreement for Funoinq ana Admm s auon`of trie P t ivnia Water co satiation Piogram or 2000/01 B-4 RESIDENTIAL WATER MANAGEMENT PROGRAM • Background r • A California:Irrigation Management Information System (CIMIS) weather station;was'installed at.the Rooster, Run Golf. Course in 1999 This,station provides the evapotranspiration data needed to develop.and implement.the irrigation management program: • 2000104 Administration. The budget for Fiscal Year 200012001 for this program is 5105,000 and is described'below,;, Agency will: • Develop and implement-a water management program to assist Petalum.a: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,program,will be developed and implemented during the irrigation season. We will prepare monthly newspapersads update City web 1page, and irrigation.management.messages on City ibus signs. Develop and implement a:pilot ET Satellite Controller:program for-up to 50 residents with large:landscapes. The top water using residential°water consumers•w ll be contacted by mail andioffered a free-on-site water survey. If those contacted qualify, they will also be eligible for a'free ET.Satellite 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 br 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) ;arid 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(sf. • • Develop:a'recommended irrigation schedule. • Instruct residents:how to program their irrigation controllers: Participant Report • Program partcipants willbe given-arsummary of the survey results„a recommended irrigation schedule and additional water conservation information. 2. Pilot ET Satellite,Controiler • F.ree:ET Satellite controller. • Installation of free ET'Satellite controller. • • 'Station by station scheduling. • • Installation of free rain shut-off device. • Measurement of.landscape area. • Broadccast signal fee paid for 7 months. University research of landscape and,agricultural water determined that evapotranspiration (ET) - is the recognized ,and. accepted method to deliver precise irrigation for landscapes. However, setting Cooperative Agreement log Fonomg and Aammis:ratron of the Petaima Waier Conservation Program for 2000101 BJ irrigation schedules by, the ET rate is a-soonisticated,'time;consuming and ongoing activity;. Thus, it is rarely performed by homeowners and infrequently by landscape professionals The results of improper • ., infrastructure scheduling, as to m-wae red landscapes, wasted water, summerrpeaking, high water bills and A new technology)has been de.veloped;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 •Evapotranspiration). 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.currentstudies of this technology/ET signal controller show; • A 30%.savingstof'landscape water in residential homes of;modest site:in.Ir fine;'California (or a 15% savings of total home water use). • • The ET Signal Controller shows the potential to significantly' outperform Ultra Low Flush Toilets (ULFTis) in terms'of'water savings and cost-effectiveness. The current water agency study confirms this contention conteritioff by showing a projected average savings of 25 000;.gallons per test home in one year with a projected cost of'3150 S225 focthe ET Slane' Controller- initand installation. • Landscape water use can be'set for local ET.and'specific home'site conditions. • The ET SignalController'can insure efncient irrigation scheduling on dedicated metered sites, mixed use n eter sites end unmet=_red sites. • The ETsignal!can be'broadcast,v/eekly to insure that irrigation:schedules match changes;in weather. • Individual site irrigation schedules are established with regard°toi;soil, plant type;.microclimates (sun.or �l shade) ,specific sprinklertype, etc: • Receiving the ET Signal requires a service and broadcast�fee (generally established by the size of the landscape and.water.savings potehtial)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 (AWW,ARF.),end-use:study in San Diego shows"that 61% of home water is usedaoutside in the landscape. ..As indoor, plumbing retrofits reachisaturatibn, dr where new homes already utilize low-flaw,plumbing devices; the landscape,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'interior water to accommodate infrastructure capabilities.) It has also beemrecognized that with current technologyand`techniques•rachieving home landscape water use efficiency requires consistent customer action and currently lacks a verifiable measurement capability. At best, traditional landscape cdnservation programs are short-term efforts requiring renewed agency and customer actions year .afterty,ear:: C000erafrve Agreement for Funning ono PnminSti I,on of no Peiaiuma Water Conservation Program for 2000/01 B-6 • NON-RESIDENTIAL LANDSCAPE WATER AUDIT'S, INCENTIVE PROGRAM Background The City ,of Petaluma is implementing Large Landscape Conservation Programs.:.and' Incentives for non • residential'water customers. T'he program includes. Local ET Data; A California Irrigation Management Information System (CIMIS) weather station was installed within the City Iirruts'. This'CIMIS weather station provides the evapotranspiration:data!needed to develop irrigation schedules for the Landscape Water Auditand'Irrigation IncentivePrograms.. Education. A Cal ',Poly instructor conducted a two-day training session for the City of Petaluma 'landscape,staff, WaterDePartment:staff,.Landscape Assessment.District contractors and local schbal district landscape star The training session helped prepare the landscape professionals to :perform; site inspections, evaluate irrigationsystems; and develop efficient irrigation schedules for drip,-,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 Proaram The Landscape'Water Audit'included an inventory of sprinklers on each.valve/circuitand.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:and Training Research Center of Cal Poly. A report was prepared for the program participant with ,a proposed irrigation schedule fortur areas, based on Petaluma's evapotranspiration (ET). .IrrigatioNcohtrollerrhaps`.were also provided1that,,identified the location of the sprinklers on each valve,'their respective precipitation rates and distribution uniformity. Irridation,Incentive Program • A customized Irrigation 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 irrigation, equipment that will improve water use efficiency of,existing Irrigation systems. 2000/01 Adiriinistratiori. • The budget for Fiscal'Year 2000/2001 for this program is,5122,000 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 atlandscape areas that are larger than 1 acre. 4. Prepare monthly review that compares water use!with ET for each park. • 5. Expand the Citys customized Irrigation:Ihcentive+Program and market it to non-residential;water customers. Landscape Water Audits,will also be performed in conjunction with the Irrigation.Incentive Program: . • .. Cooperative Agreement for Fuming and Aammistraucn of the Petaluma wafer.Conservation Program for 2000/01 8-7 • LANDSCAPE WATER:CONSERVATION,ORDINANCE z. In-Progress Administration' '• The budget for Year 2000/2001 foi this program is_$11,000 and described below. A new Landscape Conservation Ordinance is'fbeing`developed by the City and shaped by community leaders. The !purpose of the ordinance is to promote efficient water, use through 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 applies 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. . • Turf areas of school-yards parks; playgrounds, sports fields', cemeteries and golf courses will follow efficient irrigation'practi ces. ' Exemptions include: • Sinalee-family residences and multi-family private areas, however all residents are encouraged to follow them. • Registered historical site. • • Ecological restorationprojectsthat do notrequire:permanent irrigation systems. • Agricultural cultivation. • Any landscaping that is irrigated solely byreclaimed (treated. recycled:wastewater) water and to which there is no pipeline installed to deliver potable City'water, As a supplement to the Ordinance, a Sustainable Landscaping;Manual isbeing written: The manual addresses work to•conserve, recyclesand reuse resources^and.is directed toward'.increasing the efficiency and reducing the ipconsumption of energy, water, and'chemlcals th'.landscaping. A Water Waster Ordinance i ::being developed to address opportunities for'water savings and nonessentials uses: • The washing of'sidewalks'and other hard'-surfaced,threas by directhosing. • Water leaks. • Excessive run-off of irrigation;•water:androver spray: • Washing machinery directly with a hose.iot equipped with a shutoff'nozzle. • Water for non-recycling decorative water fountains. . • Intentional disposal of debris,`into storm:drains'!is prohibited: A landscape water budget training course was taught in 'September 1999 by a; Cal Poly professor. Water budgeting software for•use by planners designers and landscape,managers was presented The software helps the user,define hydrei nes, evaluate "what-ir:situatiohs for planting r areas to comply with the water'budget; forecast annual water use and evaluate .annual:water costs: Preliminary, irrigation schedules can also be generated: The Water Buaaeting'Handbook is based on the states Model Landscape Ordinance (AB 325) and the software can be tailored:to handle alternative water budget and allocation methods. • Cooperative Agreement tor.Fuming acid Aomgtsnaiton of tie Petaiuma.Wat•r Conservation Program for 2000/01 • - B-8 • COMMERCIAL/INDUSTRIAL WATER SURVEY AND INCENTIVES Background • . In 1997, the City initiated a 10-year-Commercial/Industrial Water, Survey, and Incentive Program with'the:goal:to obtain 10%participation?and achieve a 10 acre-feet per year (AFY)`estimated water During the first program years acustomized commercial/industrial',water survey and-incentive program;was developed for Mishi Apparel Inc. 'The Bay!Institute of San Francisco worked on'Petaluma's programs from grant funds'awarded from the Rase Foundation for Cornmunities and Environment. Mishi Apparel is iMplementing ;the water efficiency 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 this project,is complete. Early. 2000, a!second demonstration site was'selected for the program, Sala 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 Pacific Technology team is currently purchasing;,instrumentationequipmenU(clamp-on fiowmeters;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 outdoo_r 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. Sola Optical USA„ Inc,) will save 11 acre-feet per year This estimated ,savings is es 'much water as was predittedr,for.the:-entire first-generation {Commercial/Industrial Survey, and Incentive 'Program proposed 'for •' ; Petaluma in the Montgomery Watson Reportof 1995. 2000/01.Administration • • The budget for Fiscal Year 2000/2001 for this program is $1,88,000 and'is described'below: Contractadministration,and cdordinationtof.in-progress work atMishi 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 :lo,expand' this Commercial Industrial Survey and Incentive Program to Petaluma s, remaining '850+ commercial, industrial and institutional custortmers. • ' • • • • cooperative Adrtiernenil for Funding and Admmrsvauon of the Petaluma Water eonservaeon Program for 2000/01 B-9 • • 7 • • RESOLUTION:NO. N.C. S T. ( of the City of Petaluma, California • 2 3 4 6 7 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A s PROFESSIONAL•SERVICES AGREEMENT FOR THE "RESIDENTIAL TOILET 9 REPLACEMENT PROGRAM: RECYCLING OF OLD TOILETS" WITH OLD i0 ADOBE DEVELOPMENTAL SERVICES, INC. 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 Petaluma hassa5-year Capital Improvement'Plan (CIP) for • 17 Water System Improvements which,includes Project#9931 for water conservation; and. 18 19 WHEREAS, the City of Petaluma has enteredAinto a cooperativeragreementwith the 20 Sonoma County"Water Agency to'fund-and administer a Residential Toilet Replacement 21 Program in the Water CIP-Project-#9931 for water donservationand !-2 22 23 WHEREAS, the City of.Petaluma hasidetermined that conducting an extensive water 24 management program-to assist residential water:customers-'With water=conservation.and 25 reducing peak water use;is one of the strategies;that it will employ to achieve its-water 26 conservation goals; • • • 28 NOW, THEREFORE,•BE;IT RESOLVED the Petaluma City Council authorizes the City 29 Manager to enter into a professional services:,agreement for the "Residential Toilet 30 Replacement Program`. Recycling Of Old Toilets" with Ol_d,Adobe Developmental 31 Services, Inc. 32 33 Underthe'power and authority-confezred.upon thisCouncil-by the Charter,of.said City: REFERENCE: I hereby. certify the foregoing Resolution was introduced and adopted by the Approved m as to Council of the City'of Peteluma'at`a (Regular) (Adjourned) (Special) meeting on the, . day-of ' 19..---.., by the • following vote: . 'City Attorney AYES: NOES: • • •SENT: ATTEST: City Clerk Mayor Council liln.�:...._._....._.._ CA 10.85 Res,Na . N.C.S. PROFESSIONAL;;SERVICES AGREEMENT • for •' RESIDENTIAL TOILET REPLACEMENT PROGRAM: RECYCLING OF-OLD TOILETS (Title of 15roject) -(Project Account Code,No. 602400,9931-7104) - 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 Old Adobe Development Services, Inc:, 235-Casa Grande Road, Petaluma ,California, 94954, (hereinafterreferred'to as "Consultant"). The•partieshereto 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 reference. • 2A: City shall compensate Consultant for services rendered hereunder under the following terms: For each- 15 gallons. Or mom per flush toilet returned lo the.:Petaluma Recvclinj:Center '(315 2nd Street, 'Petaluma, CA 94952),•the. Consultant .Stull be compensated.TWO DOLLARS ($2.00) per. toilet. Compensation'shall`be paid only to toilets'recvcled through the Ciisns Residential Toilet Replacement 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 requested on the "Vendor,Information "form available from the city, and has obtained a currently valid Petaluma Business Tax• Receipt pursuant to the Petaluma Mtinicipal.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 PetalumalMunicipal:Code. 2D. In no case shall the total contract compensation •exceed FOUR THOUSAND DOLLARS ($4,000.00) 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 wi t hout prior written authorization of the 'City dio ..'I' 6/1/00 • Manager.r. W Wi th every monthly invoice, a brief narrative shall:be provided by Consultant Ma .j along evised schedule of progress and supporting materials. 3. Services; performed by Consultant to City which exceed those services described in Section 1 herein, shallbeconsidered "extra work.'' Extra work shall,only be performed by Consultant upon prior written,,authorization of the City-Manager. Consultant shall be compensated for extra work at the following-rates: For each.3 5 gallons or, more per flush toilet returned to the Petaluma Recycling.Center (315 2nd'Street, Petaluma, CA 94952), the Consultant shal?b'e compensated TWO DOLLARS (52.00) per toilet • 4. Use Section 4(a) or 4(5). (a) The term of this Agreement commences 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 Section's 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 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 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 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•2 6/1/00 • Agreement. Iri the event the Citydelivers,.the Consultant shall be entitled to payment for all services performed to date of termination to the extent theywere 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°withoutahe-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'tlie•Consultant hereunder. 9: Consult_ant: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 origins 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 94933 Telephone: (707)778=4360 • Consultant: Dennis Omer, Executive`Director Old Adobe Developmental'Services 235 Casa Grande Road Petaluma,-CA'9'4954 Telephone: (707)763-9807 • 12.; All bills+.shallbe 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 3 6/1/00. • Payable." City shall,endeavor to make payment; of said bill within thirty (30) days of receipt. • 13. All original papers, documents of computer material on disk".or microfilm, and copies thereof:produced asaresult of this,Agreement, shall beahe property of City and may not be used'by Consultant without theconsent of`City.. Copies of::suchldocuments 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 cdamages 'of any kind or nature,'including, but not limited to, damages for death or injury to any'personr(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,necessa'ry, until disposition has been made of claiths or IP)! 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-B2 16. Amendment. This Agreement may 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 imrriediatelyin 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. 4 6/I/00 . • 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 exit: 2 t. Applicable Law. Each party's performance hereunder shall comply with all applicable laws of the United States of America, theuState 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'portionsior 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 suchprovision. 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 fiilbforce 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:andshall.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, 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 thecdate of final payment to Consultant pursuant to this Agreement. B. Consultant shall 'maintain all documents and records which 'demonstrate performance under this.Agreement for a minimum period of three (3) years or for any longer period required`by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant,to this Agreement Shall be made available for inspection or audit, at any time during regular business hours; upon written request by the City Manager, City Attorney, City Finance • Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it=is practical to do so. Otherwise, unless an alternative is mutually agreed •, 5 6/1/00 upon, the records shall be available at Consultant's address indicated for receipt 1111, 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 that, 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 authori2ed'by Consultant, Consultant's representatives, or.Consultantis:successor in interest. IN WITNESS WHEREOF, the partieshereto have executed this.document the day, month and year first above written. CITY OF PETALUMA CONSULTANT By City Manager ATTEST: Title 10j, 235 Casa Grande Road City Clerk Address - APPROVED AS TO:FORIVL: Petaluma CA 94954 City State Zip City Attorney Taxpayer OD, APPROVED:. Petaluma Business Tax Receipt Number Department Head APPROVED: Risk Manager - APPROVED: • Finance Director 6 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 f old toilets that•have been replaced through the City's Residential Toilet:Replacement-Program. 2. Complete and provide applicant with.the.City's, "Residential Toilet Recycling Receipt," detailing the,date, number of toilets'received, applicant name,.and street address/zip code. 3. 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 Consultant shall notaccept'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 responsiblefor'arranging the hauling of the storage bin from the site. • • • INSURANCE,REQUIREMENTS'FOR:CONSULTAN.TS • iinsultant shall procure and maintain for.th-e duration of the contract insurance against claims for injuries to persons or damages to property which may;arise• from or in connection with] performance of the work hereunder by the Consultant, his agents, representatives, or employees. Minimum Scope'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 Employ_er'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 aigeneral 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.oceurrence limit: 2. Automobile Liability: $500,000 per accident`for 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,refentions must be declared to and approved by the City. At the option of the ay; either: the insurer shall reduce or eliminate.such.deductibles or self=insdred retentions as respects the City, officers,,officials, employeesrand 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 theCity, its officers, officials,employees or volunteers. Coverage shall not extend to 'anv 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 bmexcess of the Consultant's insurance and shall not contribute with it • 3. Any failure to comply withlteperting 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 coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested;has been given to the City. I Exhibit B Page.I oft. 6/1/00 Acceptability of Insurers Insurance.is to be-placed with insurers with a.current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the?City. • verification of Coverage Consultant shall furnish the. City with original;endorsements efffcting coverage,required by this clause,. The. endorsements are to be sighed 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 I Paee:2.of 2 6/I/00 • RESOLUTION`NO. N.C.S. �, 2 of the City of Petaluma, California, 3 a 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 I1 12 13 WHEREAS, the City of Petaluma recognizes that water is an,essential and limited 14 resource; and 15 16 WHEREAS, the City of Petalifma,has a 5-year Capital Improvement Plan (CIP).for 17 Water System Improvements whichrindltides Project 49931 for'wat'er oonse`i-vation;';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 Landscape Water Audit Program 21 in 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 tcoassist°:non-residential water customers with water conservation 25 and reducing peak water use is one of the'strategies that it will.employ to achieve its 26 water conservation goals; - 27 28 NOW,,THEREFORE, 13E IT RESOLVED.the"Petaluma:City•Council authorizes the City 29 Manager to enter into a professional services agreement.for fiirriisling materials and 30 services for the landscape"audit project'with"'Cagwin,& Dorward. 31 Under the power;and authority;conferred'iipon this Councirby the}Charter,ofssaid City. REFERENCE: 1-hereby certify the..foregoing-:Resolution was'introduced and adopted by the Approved as to Council ofthe City of Petaluma at a (Regular) (Adjourned), (Special) m eeting form on'the, - - . day of .. - -19- - by the following vote: :. City Attorney AYES: • NOES: *SENT: AT EST: . .. _ -..... . . City Clerk _ - Mayor Comril CA 10.85 • Res..Nn N.C.S. • PROFESSIONALSERVICES AGREEMENT • FOR. • FURNISHING MATERIALS AND SERVICES FOR THE LANDSCAPE WATER.AUDIT PROJECT WITH CAGWIN '&=DORW ARD (Title'of Project) (Project Account-;Code No. 601-400,9931,7104) THIS AGREEMENT is made.:and.enteredinto this day of , -, by and between'the City of Petaluma, a'Municipal Corporation and a charter city "(hereinafter referred to as `:City')-and .Cagwin &.Durward, 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 undertfie 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 111) incorporated herein by reference. 2A. City shall compensate Consultant for servibes rendered hereunder under the following terms: listed-in Aftachnient°A. 2B. Notwithstanding; any _provision herein, Consultant shalt 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 validPetalUnia 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,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 progress and supporting materials. 110) 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 6/1/00 by Consultant upon prior written authorization of the City`Manageri, Consultant shall be compensated for extra work-at the following rates: S55:00 per hour.; • 4. Use Section 4(a) or:4(b). (a) Theterm of this Agreement-commences on.March 5, 2001, and ends on June 30, 2002.. However,'either party may terrninat'd44 this Agreement upon providing the other party ten(10) days' written notice of-stich termination,,given in the'Manner provided in Sections 6 and li herein. • • (b) Consultant shall commence' work upon receipt of written diection to proceed from City. Consultant. perform the work described,herein in accordance with the following schedule: Service Completion Date 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- 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 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 terminated-or suspended`by the City upon ten (1'0) 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 Consultant shall be entitled,to'payment for all services performed to date of termination to.the.extentthey were actuall'yaperformed 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 thetwritten,consent.dfthe City. -� • • • 2. 611/00 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 imposedupon 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 withprofessionals' standards of care. 10. During the performance of thisiAgreefiient, 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 ofdelivery.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: Mr. Bola Giordano Cagwin & 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 thenforwarded 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, produced<ias a result of this Agreement, shall be the property of City and,may not be used b y ,.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 haimless and IP 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 `lnsurance,Requirements for Consultants" in Exhibit.B•1 or B2 attached hereto and incorporated herein by reference: Phase check and initial exhibit to be incorporated: Exhibit B1 X 'Exhibit B2 16. Amendment. This Agreement may be,amended, provided said amendment'is in writing g P and.signed by both parties. • 17. If Mitigation 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 other-remedies, penalties arid damages provided bylaw; City may proyide 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'orobtain such services. • 20. This:contract•:is the product_ro f 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 partycausing the uncertainty • to exist. 21. Applicable Law. Each party's performance hereunder-shall comply with.all applicable laws o f the United States of America, the State of California, and the City of Petaluma. • 4 6/1 700 • • This Agreement shall be enforced and `interpreted'under the laws of the State of • 1 California and the City of Petaluma: If any part, terrn,or-'provision of this Agreement shall be held void, illegal, unenforceable, or in:conflict with any law of the federal, state or local governinent: 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 notbe 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 parties agree tolmake;a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commending 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 recordsor documents evidencing or relating • 1 to charges-for'seruices, dii_expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer,period required by law, from,the date;of final payment to Consultant pursuant to this Agreement. B. Consultant shall ;maintain all documents and• records. which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated, representative of these officers.: Copies.. of such documents shall be provided to, the City for inspection at Petaluma City Hall when it is practical to do.so Otherwise; unless an alternative is mutually agreed upon,,the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where City'has reason to'believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or°Consultant's successor in interest. 5 6/I/00 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 City State Zip City Attorney Taxpayer l.D. Number. APPROVED: Petaluma Business Tax Receipt Number • Department Head, APPROVED: Risk Manager. APPROVED: Finance Director • • profess(fink). - 6: 6/1100 • Y a x-17I7 f /f- _ .lo t. [r tt140 Cagwin . Dorward Quotation & Agreement • , landscape contractors " @@ P.O Box 1600.Novato,Ca._0494811600 • California State Contractors Lic ri202399 (415)892-7710 FAX(415)897-7864 City_of Petaluma Date: January.I2„2001 Attn: Ms. Lynn:Hdlrtte Job#/Name: NR/City'of Petaluma 22 Bassett Street Location: Petaluma, California Petaluma, California 94954 Dept: • 200 Notice: We will Pomuh equipment materials and labor necessary to complete the work lured below.,QUOTATIONS ARE SUBJECT TO CHANGE OR CANCELLATION AFTER 30 DAYS. A signed. rully,completed copy of this order must be resumed to Cagwin&Durward PRIOR TO COMMENCEMENT OF WORK. ITEM; . _ DESCRIPTION AMOUNT Cain&Dorward will provide labor and materials to perform the following: Scope 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!atthe audited valves. At least(3),'urigation stations/valves with like heads shall be audited. A summary report for each park shall be supplied with overall condition of the park turf, type, and system. Information_about the irrigation controllers and sprinkler heads,shall be included, as,well as recommendations for improvem ents to the irrigation,system,land'maintenance practices. Also a brief description of how and where water isbeing wasted and opportunities to save and/or reduce waste. Controller maps shall be developed`for,each..controller,on site, to nclude thelandse-ape area covered 13)%the controller. The general location of the,sprinkler heads and'valve number. .For all'audited valves, the 0) precipitation rates and distribution uniformity shall be included next to the valve number. Also included will be irrigation schedules for each valve testediusing'Cal Poly's irrigation rsoftware.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 2,183.00 2. Prince Park 1,646.00 3. Wiesman Park .1,560.00 • 4. Bond Park 450.00 • Page:I of 2 Total> • TERMS @ CONDITIONS THE FULL AMOUNT IS DUE AND PAYABLE WITHIN THIRTY DAYS OF THE BILLING DATE.,WHEN ACCOUNTS BECOME PAST.DUE AND COLLECTION • BECOMES NECESSARY TEE CUSTOMER WILL BE RESPONSIBLE FOR BILLING OR SERVICE CHARGES ATTORNEY.FEES COURT COSTS.AND OTHER RELATED EXPENSES. TERMS AND CONDITIONS ACCEPTED'F{EREIN: P,cceptance Date: CPy' WIN 1®' By By: B/y: p LT! ......... Owner/Agent mr owner Bo, Giordano;Irrigation Department Manager QM2_0112A • ? I t0� Ca win' $ Dorward Quotation &.Agreement landscape contractors . P.O Box 1600 Novato.Ca 94948?1600 • California State Contractors tic#202399 (415)8927710" FAX(415)897-7864 • City of Petaluma Dater January 12;,2001, Attn: Ms. Lynn Huldie. . Job#/Name: NRJCity of Petaluma 22 Bassett Street Location: Petaluma, California Petaluma, California 94954 Dept: , 200 Notice: We will furnish equipment:materials and labor necessary to complete the work loud below. QUOTATIONS ARE SUBJECT TO CHANGE OR CANCELL'ATIONrAFTER 30 DAYS_A signed. . fulycompicted copy of this ordermon be returned,o Carat&Dorward PRIOR TO COMMENCEMENT OF WORK: - _-- ITEM DESCRIPTION . . AMOUNT' - - Cagwin&Dorward'will provide labor and materials to'perforin the following: . 5. McDowell.Park 400.00 6. Carter Field . 475.00 7. Sunrise Park 52500 8. Eagle Park 300.00 9. Glenbrook'Paik 350:00 . .1. Meadow View Paik 350,00 1'1. Casa Del Oro ' 350:00 IP 2.. Arroyo Park 460:00 13. Latercera Park 300.00 14. Miwok Park 300:00 • All additional•work-..requested by the City of Petaluma shall..becharged out at.$55:00 per hour above'and beyond stated costs for water audit. Note: Due to the unknown conditions and irregularities of undergrounc[repairs, this is an ESTIMATE ONLY. Work will be performed on a time and materials.basis. 'Totar> � ' Pa•e'21of,2 1 TERMS&CONDITIONS THE FULL AMOUNT IS DUE AND PAYABLE WITHIN THIRTY DAYS OF THE BILLING DATE WHEN ACCOUNTS BECOME PAST DUE'AND COLLECTION BECOMES NECESSARYoTHE CUSTOMER WILL BE RESPONSIBLE FOR BILLING OR SERVICE CHARGES ATTORNEY FEES.COURT COSTS;AND OTHER RELATED EXPENSES TERMS AND CONDITIONS ACCEPTED HERELN: Acceptance Date: . , • CAGW][N,&DORWARD - By: By: - • OwneoAeent tor Owner Bob. ent,Manager QNR_0I 12A ..5--i .... : ,,,.., .. H., v %, e ' i • ; 7 z - C V c t:' ' ,t C . .._ ...„... -.„ 17 . ,.... ,_.. . -7.vi ..; The:, -0 17 a ?'. ;;C.) •) -rC<-:..r .4;:?'; ri.i.V-7::4,7------- 'A\ - "'“ 73,, .. --, CZ ' .,-,711:• A c. _' .::.. 4 1....3-..r.i.i.It.: .1 ,?• ,„..'- ., ...., ',..■ -,,.,..,' . . big-1..'',.rit:`,, . 1 ,--4':4 ----,--r, •------ ,--t1/2 .*Tit' (a" tit—!•:. :1:7N41:: 1§ .ct-tct4)_, '.:::12 \t, r 0'cy,:.,„ ..7 : - ;- 7,...:'.';'.'";,. \‘.. •...;..; r rikl) , „.. .. . . . . . ., . . .-. . .. --\ ,-, • 1:\:-"‘" ; \-.,-;;;. ; C; .r. .;, \ -V --; ;"i•:;`;;;,-'11,2:;;',. - . . _ .\\;,7;;;;;.;.;;;;=;.„ `... tr, . — 16) 'd C ... "5" 11:tf,-2-e:Ir."-t "73 • ■, . ,. • • •, .— i< - -. 1:t-- . . -7: 1— El:\ . I-- • ----r< i , ,---- -----. . It - 4 I :r• - _ . t„ ; C AGWIN & DORWARD • Li 7 RP CONTROLLER UTILIZATION CHART • . SN\IQLc Z24_. cca. g-ccC Clkk2 1 JOB NAME : CAPEMARIN JOB NUMBER 20959 0 CONTROLLER TYPE: MC-18+ A DATE:1/13198 ` CONTROLLER LOCATION: ON ,CONTROLLER I.D.: D CLOCK LANDING:LANE ACROSS:FROM FLAGPOLE COURTYARD • STATION-.-I PLANT,MATERIAL AREA .DESCRIPTION HEAD TYPE. 1 TURF CENTER:ISLAND/LADDERMAN LANE SPRAY 2 . TURF CENTER ISLAND /SECOND HALF SPRAY 3. TURF WEST OF WALKWAY TO SHOPPING, • SPRAY CENTER 4. TURF I SOUTH OF:PATH BY PLAY AREA SPRAY 5. TURF EAST OF WALKWAY TO SHOPPING SPRAY 6. TURF LAWN NORTH OF PLAYGROUND SPRAY 7. SHRUB ALONG PATH FROM PLAYGROUND TO 'SPRAY ) SHOPPING CENTER 8 SHRUB ALONG FENCE,AT NORTH SPRAY WALKWAYTO SHOPPING CENTER. •9. SHRUB UNITS #2 THROUGH #18 MARK, SPRAY PLACE/EAST'SIDE 10. SHRUB FRONT OF UNIT #30 /FRONT OF SPRAY CONTROLLER 11 SHRUB FRONT OF UNIT #35 THROUGH #57 AT SPRAY LANDING LANE 12 SHRUB FRONTS OF :UNITS#14 THROUGH #31UP SPRAY TO P,OC's SOUTHEAST AND SOUTHWEST. • 13 SHRUB CENTER ISLAND AT ESCALONLA 'SPRAY HEDGE'FIREROAD BOTH SIDES 14 •SHRUB MARK"PLACE WEST SIDE TO SPRAY SOUTHWEST'LAD 15 SHRUB FRONTS AND PORCHES OF UNITS #38 SPRAY THROUGH #65 16 SHRUB. FRONT OF UNIT #36 ALONG PATH.T.O SPRAY PLAYGROUND • • 17 SHRUB FRONT OF UNIT #30 ALONG WALKWAY SPRAY 5,(1 9 TO PLAYGROUND 18 SHRUB MARK PLACE NORTH WALKWAY SPRAY ALONG PATH TO PLAYGROUND. 19 20 21 22 F.\FDOC$\FORMLM\CNTRL.DOC •1 ` m� Ca ° win & D• orward / *� Quotation & Agreem n / landscape contractors P.0 Box 1600 Novato,Ca 949481600 •Caltfortua State Convaciors Lic#202399 (415)892-7710 FAX(415)897-7864 John Stewart Compnaies- (©� te: April 25;2000 Attn: Ms. Sandra Jenson `" Job 4/Name: 20959/Cane:Marin Masters,Association 1388 Sutter Street, 1;1t'Floor Location: Greenbrae,,California San Francisco, California 94109 Dept: 200 Nodcc:'We will furnish equipment;materials and labor necessary to edmplete the work listed below.,QUOTATIONS ARE SUBJECT TO CHANGE OR CANCELLATION AFTER 30 DAYS: Asigned, ,fully completed copy of this order must be returned to Cagvnn&Dorward PRIOR TO COMMENCEMENT OF WORK ITEM DESCRIPTION AMOUNT Cagwin& Dorward'Will provide labor and;matenals to'perfoim the following: 1. Valve g9 not coming on;by'clock E .350.00 2. Valve 410 not,comingon by clock E 350.00 3. Station 416 at pool clock cap off(17)heads and-change out(22)nozzles each., Also replace(6) 13' pop- 300.00 . up sprinkler heads. 4. Station 41 clock K'needi(15);.new seals. 150.00 • ) Note:Work Due to unknown-conditions for nme and materials rtie sof underground repairs,this isran`ESTILMA E ONLY: 4 14_)4:1V22— Avl :� yPoe- 2 • - - Total->'j S1,150.00 TERMS&CONDmONS THE FULL AMOUNT IS DUE AND PAYABLE WITHIN THIRTY DAYS OF THEIBUSING DATE. WHEN ACCOUNTS BECOME PAST DUE AND COLLECTION BECOMES NECESSARY THE CUSTOMER WILL BE:RESPONSIBLE FOR BILLENG OR SERVICE CHARGES,,AITORNEYFEES,COURT COSTS,AND OTHER RELATED EXPENSES. -TERMS AND CONDITIONS.ACCEPTED.HERELN Acce tance Date: CAGVJIN &DORWARD By: {� //' , By:; p/ 11�'( t Owner/Ag=^r for Dames O Giordano,Irrigation Manager Q20959_0425A Printed at 8 :06 on 3/25/99 , 7 program version: LANDSCAPE WATER MANAGER v1 . 4 Site Directory: tICKM Site File:: TURF Name/Number • Organization tress 4/ 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 Program: 1 Program Adiust!: 100 STA I STA J NUM ADJ I JAN FEB MAR APR MAY JUN JUL AUG' SEP OCT NOV DEC 2 100 11 14 1'8 17 17 ' 17% 20: 19 18 19' 15 14 4 100 31 42 52 .50 50 ' 51 59 57 53 56, 43 40 Schedule Type C14 014 C14 C14 • C14 C14 C14 C14 C14 C14 C14' C14 Days Per Period 2 2 3 :6 7 7 7 6 5 3 2 1 Cycles Per Day 1 1. 1 1 1 1 1 1 1 1 1 I Controller: Generic 8-8 Program: 2 Program Adjust: 100 STA I STA I NUM I ADJ I JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1 100 19 2.5 47 45 35 35 4*. 51 40 50 26 12 Schedule Type C14 C14 . C14 C14 C14 C14 C14 CIA C14 C14 014 C14 Days Per Period 1 1 1 2 3 3 3 2 2 1 1 1 es Per 'Day 1 1 1 1 ' 1 1 1 1 1 1 1 1 Controller: Generic 8-8 Program': 3 Program Adjust: 100 STA STA I. • Nom: i ADJ I. JAN FEB MAR APR MAY JUN JUL: AUG SEP OCT NOV DEC 3 100 34 46 42, 40, 38 38 44 46 36 45 47 22 Schedule Type C14 C14 014 014 C14 014 C14 C14 C14 C14 C14 C14 Days Per Period 1 1 2 4. 5 ' 5 5 4 4 2 1 1 Cycles Per Day 1 1 1 1 1 1 a . 1 1 1 1 1 v\PLE T24Z:T aTTOLS Ce0-naeLLE tc kE • • • INSURANCE REQUIREMENTS FOR CONSULTANTS c• 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 connectiorn with the performance of the work hereunder by theConsultant;:hisagents, representatives, or employees. Minimum Scope.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,forin 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 limitsnoless than: 1. General Liability: $500,000^per.obeurrence 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: x1;000;000 per accident for bodily injury or disease. . Deductibles and Self-Insured.Retentions qv deductibles or self-insured retentions must be declared to and approved by the City. At the option of the 0)y, either: the insurer shall reduce or eliminate Such deductibles orself-insured retentions as respects the City, s officers, officials, employees and volunteers; or the,Consultant,shall-procure a bond guaranteeing paynient of losses and related investigations; claim administration and defense'expenses. Other Insurance Provisions The general liability and automobile liability policies Jare 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 • X coverage i negligence i additional subdivision� in any case wherean agreeme t to indemnify tk eadditionalnsuredld be invalid under (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 with reporting,or other provisions of the policies'.including breaches of warranties shall not affect cosierage.provided to,th'e City, its:offcers,.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) a l days' prior written,notice by certified mail, return receipt requested, has been given to the City. Exhibit B1 Page I oft 6/1/00 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. - UPI • Verificationtof Coverage • Consultant shall furnish the City with 'original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that .insurer to bind coverage on its behalf. The endorsements ate'to be on:forms provided by the City. All=endorsements are to be received and approvedhy the. City.before work commences. As an alternative to the ,City's forms, the Consultant,"s insurer" may provide; required et b certified of all required insurance policies, including. endorsements effecting the coverage y p fications. • • • • • • • S Exhibit B! • Paee2 of 2 6/1/00 • • • • RESOLUTION NO N:C,S.. 1 of the City of Petaluma, California L2 3 4 5 . . . 6 7 RESOLUTION TO.AUTHORIZE THE CITY MANAGER TO ENTER INTO A 8 PROFESSIONAL SERVICES.AGREEMENT FORFURNISHINGMATERIALS AND 9 SERVICES FOR THE LANDSCAP&AND IRRIGATION SYSTEM INVENTORY 10 BOND PARK GIS°PROTOTYPE WITH DENDRON.LANE SCAPE,MANAGEMENT 11 CONSULTANTS 12 • 13 14 WHEREAS, the City of Petaluma recognizes that water isan'.essential and limited 15 resource; and 16 • 17 WHEREAS, the City of Petaluma has a 5-year Capital Improvement Plan (CIP) for. 18 Water System Improvements Whi h.inclndes Project 49931 for:Water conservation; and 19 20 WHEREAS, the City of Petaluma has entered into a•cooperative agreement with the • 21 Sonoma County Water Agency to fund,and:administer a Landscape Water Audit Program 22 in the Water CIP Project #9931 for water conservation; and 23 24 WHEREAS, the City of Petaluma,has determined that conducting,amextensive 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 thia,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 City of Petaluma'at a (Regular) (Adjourned) .(Special) meeting form on the - day of , 19 by.the following vote:' . City Attorney AYES: • NOES:. CENT: ATTEST: City:Clerk Mayor • CA 10-85 'Res:'Nu N.C.S. • '. PROFESSIONAL SERVICES AGREEMENT .FOR • FURNISHING-MATERIALS AND:'SERVICES`FOR THE LANDSCAPE AND IRRIGATION SYSTEM'INVENTORY BOND PARK GIS 1VIAPPING.`PROTOTYPE PROPOSAL WITH DENDRON LANDSCAPE MANAGEMENT CONSULTANTS (Title of Project) (Ptbj ect,Account C odeNo.601-400-9931-7104) THIS AGREEMENT is madeiand entered'into this day of by and between the City of'Petaliinia, -a.Municipal Corporation and a.charter city (hereinafter referred to as "City") and, Dendron Landscape Management Consultants, P.O. Box,8551 Stinson Beach,.California 94970-0855, (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 term's and conditions: Inconsideration hereof,.and'the mutual;protnises, contained herein, the parties agree as follows: 1.1 I nsu a Consultant herein provide by reference, 2A. services described in. Exhibit "A" attached hereto and i 2A. City shall compensate Consultant'for services rendered hereunder under the following terms: $2,000,it the end?-ofrphiase one, $2,000 at.the end.of;phase two,.$2,000 at the end of phase three,:$2,001hatithe•end of pliasetfour and $1,725 at the':end of phase five.. ' • • 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 onhthe "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 to'i have paid the ,appropriate business tax and have a currently valid;P-etalutna Business Tax Receipt;pursuant:to the Petaluma Municipal Code. 2D. In no case'shall the tota1'contract compensation exceed.Ten Thousand Dollars ($10,000) withoutip"rior written,authoriationof the City Manager: 'Further; no•compensation for a section or work program component attached with a specific budget shall be exceeded withourprior written authorization of the City Manager. With every monthly invoice, a brief'narrative'shall be.provided by-Consultant along:with a reyised'schedule of progress and supporting materials. l`. '6/1/00 • S 3. Services erformed by Consultant to City which exceed those services described in P Y Section 1 herein, shall be considered '`extra work.'" Extra work shall;only be.performed by Consultant-upon prior written authorization of the City Manager. Consultant shall be compensated for extra work at,the.following,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 June,:30,. 2002. However, either party may terminate this Agreement upon providing'the other party ten (10) days'written notice of such termination, givenrin.the?manner" 'provided in Sections 6 and 1,1 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 the'following..schedule: Service, 'Completion,Date 1 40 • • 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 perso l nne to perform all`services under this AAgreement. It is further understood and agreed that Consultant, his/her agents and employees„is: not•an agent or"employee of;the City, but rather solely responsible for;'l is/her Ladts and omissions: Consultant has,full control over'the means and methods ofrperforming?said' services, and Consultant understands that said services are being performed, as ran 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 terminated or-•suspended by;the•City,upon ten (10) days'':written`notice. Said notice,,willbe 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`Consultant shall be entitled to payment:for all services performed to date oftermination to the extent they were actually performed in •accordance.with'this Agreement. • 6/I/00 7. Consultant shall perform with his/her own organization,'all work specified and required in this Agreement. No assignmentror transfer in whole:.or-in=partof 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 condition scifthis Agreement and,all.of the obligations and duties imposed upon the 9. Consultant agrees to fully eorriply°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'offthis 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 ate,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 �laddress, 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 orras,of'die s.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: Richard Reasoner. Dendron.Landscape Management P.O:•Bo7C"855 Stinson;Beach, CA 94970 • 'Telephone: (415) 868-0479 12. All bills shall.be.sentto the designated project person on a monthly basis or upon task completion: whichever is appropriate: Bills will be checked by said contact person for compliance with the provisions of this Agreement,and then forwarded to "Accounts Payable." City, shall endeavor to make payment of said bill within thirty (30) days of • receipt.. 3 6/1/0D 13. All original papers, documents or computer material on disk or:microfilm, and copies thereof;produced as a result of this Agreement, shall-be the property of City and may not be used by Consultant without the consent of City. Copies of such documents or papers . shall not be disclosed to others without the written consent of the City Manager or his designated representative. • 14: Consultant hereby covenants and agrees to, and shall, indemnify, save harmless and defend, the City of.Petaluma, its agents and/or employees against all claims, demands, costs, and liabilities for damages of any kind or nature including, but not limited to, damages for.death-or injury to any person (including Consultant's employees and agents) or damage or destruction to any property of either party hereto or third persons.in any manner arising out of or occasioned by Consultant's performance. of its obligations pursuant to this Agreement whether or not there is a contributing act or, omission or concurrent, passive or active negligence or.otherwise.on the part of the City, except those claims arising from the established active sole negligence or sole willful misconduct of the City or the City's employees. The City may retain so much of the money due Consultant as shall be considered necessary, until disposition has been made of claims or suits for damages'as aforesaid. 15. Insurance. See "Insurance'Requirements for Consultants" in Exhibit B1 or B2 attached. .hereto and incorporated herein by reference. Please check' and initial exhibit to be 'incorporated: Exhibit B1 X 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 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 thepart!of both partieaand that the parties agree, notwithstanding -Civil Code section .1654, that in the event of 4 6/1/00 �' uncertainty, the'languagedis mot.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. 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 slaw 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 particulaninstance=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 tern or portion of this. Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, theremaining 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, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to.this Agreement. B. Consultant shall maintain all documents. and records which demonstrate performance under this Agreement for a minimum period of three (3);years or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records ordocuments=required to be maintained pursuant to this Agreement shall be made available for'inspection or audit, at anytime duringregular 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 411. of notices in this Agreement; D. Where City has reason.to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination- of Consultant's 5 6/1/00 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, Consultants. representatives, or.Consultant's,successor in`interest. IN WITNESS WHEREOF, the parties hereto have executed this document theday, month and year first above written. • CITY OF PETALUMA CONSULTANT By City Manager ATTEST: Title PD. Box 855 City Clerk Address APPROVED AS TO FORM: StinsonBeach CA 94970 City State Zip' City Attorney Taxpayer;I.D.Number APPROVED: Petaluma Business Tax Receipt Nupiber Depaitment Head '. _ APPROVED: Risk Manager APPROVED: • Finance Director ot • 6 6/1/00 • City of Petaluma. Landscape/Irrigation 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 i;2 / Li • ,GIS Prototype Overview This project proposes creating;a Geographic Information (GIS) prototype to map and inventory all components of the City's parks. While its primary purpose is to identify all factors,thataffectwater use at.Bond Parkand 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. • • Implementation Phases= • Phase 1 — Existing Data Review ($2,000) Meet with staff to: 1. Review and receive digital'orthophoto, CAD files, landscape plans, and<any as- build drawings-that may be available:. • 2. Establish protocols for coordinating the project with the City of Petaluma's IS Department. 3. Determine relevant file structures and.data to be included in the prototype. 4. Review Bond.Park to determine specific irrigation components to be inventoried and the,attributes to be,captured. Determine other park components and their attributes that may beinventoried by staff during the field inventory phase and incorporated into the project. Phase 2 — Create Prototype CIS Mapping Program and Database ($2,000) Using the data provided by the:City, create a Bond Park Base Map, using ArcView. •j 3.2, a database with tables and forms, using.MS Access, and paper forms for gathering field data. Phase 3 —Staff Training [Involvement Meet with staff to provide in-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 ParkBaseMap and forms to be used in capturing field data. Phase 4 — Landscape & Irrigation System..Attribute inventorying ($2,000) Meet with staff at Bond Park to conduct a thorough landscape and irrigation component attribute inventory,and 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 them be used to determine the square footage of the zone. The square footage and flow data will be used in calculating precipitation fates for:each zone. Note: Flow data can be linked to irrigation schedule/programs to determine estimated .j water use and provide a baseline for more closely monitoring actual use. Li 61 -) Phase 5 — Final Report ($1,725) A final report will be provided at theconcluioh 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 ofthe inventoried component maps. 4. One copy of the,ArcView 3.2'project file used to create the maps. 5. One copy bf the,MS Access file used to capture field data. 6. Arecommended procedure for inventorying additional parks and`keeping inventories updated. Schedule /Fee The entire project would take appioximately eight to twelve weeks to complete. The - .) cost would be $9,725. • • • I • INSURANCE REQUIREMENTS 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 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: $1;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 y, either: the insurer shall reduce,or eliminate,such,deductibles.or self-insured retentions as respects the City, its officers, officials,.'employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 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 indeinnifythe 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 ana shall not contribute with it. 3. Anv 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 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 131 Pagel oft 6/1/00 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 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. • • • • • • • • • •• Exhibit B i Page 2.o'f2 611/00 • 0 0) RESOLUTION NO. N.C;S. 5; 1. of the City of Petaluma, California 1 2 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 PROMOTING THE PETALUMA WATER CONSERVATION 10 . PROGRAM WITH'THE`WALKER.GROUP 11 12 • 13 WHEREAS, the:City of Petaluma recognizes that water is amessential and limited 14 resource; and 15 16 WHEREAS, the City of Petaluma,lias a 5-yew-Capital Improvement Plan (CIP) for 17 Water System Improvements which inc ludes Project #9931 for water conservation; and 18 19 WHEREAS, the City.of Petaluma has entered into a cooperative agreement with the 20 Sonoma County Water Agency to fund and administer a WaterConservation.Program in 11, 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 waterycustoniers 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, BRIT RESOLVED the Petaluma'City'Council authorizes the City 29 Manager to enter into a professional services agreementfor furnishing,materials and 30 services for promoting the Petaluma Water Conservation:Program'with The Walker 31 Group. 32 Under the.power,and authority conferred upon this Councirby the-Charter:of)said City. REFERENCE: .I hereby certify the'foregoing Resolutionwas:introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting form on the day of - 19.-_--... by the following.vote: City Attorney AYES: DOES: .:4SENT: ATTEST:. _. _. City Clerk Mayor ' CA LC 85 Res,Na • `PROFFSSIONALSERVICES.AGREEMENT FOR r FURNISHING.MATERIALS.AND:SERVICES FOR PROMOTINGTHE PETALUMA WATEWCONSERVATION':PROGRAM WITH THE WALKER GROUP (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 The 'Walker. Group, 3900 Rolling .Oaks Road, Santa Rosa, California, 95404, (hereinafter referred to as'"Consultant"). The parties hereto enter into this Agreement foi°the purpose,of Consultant providine'professional services to City under the follo,ving 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 herein•by reference. 2A. City shall compensate Consultant for services rendered hereunder under the following terms: listed in.AttachmentA. 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 orr 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 Receiptpursuantto the Petaluma Municipal Code. 2D. Inmo case,shall the total contract compensation.exceed,Six.Thousand Four.Hundred Dollars (56,400) without prior written authorization,of the City. Manager. Further, no compensation for nection•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 progress and,supportingmaterials. 1.1 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 .1 6/1/00 by Consultant upon prior written authorization of'the City Manager.. Consultant shall be • compensated for extra work at;the+following rates: $75.00 per hour. 4. Use.Section 4(a)•or 4(b). • (a) The term,of this Agreement commences on March 5, 2001,.and ends-,onJune301 2002. However, either party may terminate this Agreement upon providing the • other party ten (10) days' written notice of such terrriination, given'in the manner provided'in Sections 6 and L: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,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 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 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 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 Consultant shall be entitled'to payment for all services performed to'date:of termination to theiextent they were actually performed in accordance with-thisAgreenient. 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 5 be'made without the written consent of the,City: 6/1/00 Ilk8. Consultant,may retain or subcontract for the services of other necessary consultants, with the. written approdal 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..perfonnance of this Agreement, Consultant will not discriminate against any employee,or applicant for 'employment'because bf'race, religion, creed, color, national origin, sex or age. Consultant shalh: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 ace. • 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,datej 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;ofYetaluma Post'Office Box 61 Petaluma, California 94953 Telephone: (707) 778-4360 Consultant: Mr.Rob Walker The Walker Group 3900Rolling Oaks Road Sanfa,Rosa, CA 95404 Telephoner (707)538-4088 12. All bills shall;bersent to the designated project contact person on;amonthly basis or upon task completion;whichever is'appropriate. Bills,Will be checked'by said contact person for compliance with the.pro\isions 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, 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. Copi •) es of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his designated representative. 3, 6A/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 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 otherwiseson'the part,of the.City, except;those claims arising;from the established active sole negligence or sole 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 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 front 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 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,prov'ide 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. 1 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 'oePetaluma. 4 661/00 • •1 This Agreement shall be enforced. and interpreted "und'er, the laws of the State of California and the City of Petaluma If any part, term orprovision of this Agreement shall be held void, illegal, unenforceable,'or in conflict•With rannaw 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 reniain`in full force:and'effect. 23. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceableibv a.court of competent jurisdiction,the remaining provisions of this Agreement:Shall continue in fillforce and effect. 24. Mediation. The parties agree tomake 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, 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:fora minimum period of three (3) years or for any longer period required by law, from the'date of,termination or completion of this Agreement. . C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for:inspection or,audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a. designated, representative of these officers: Copies of such .documents shall" be;,provided to the City for i'n-spe'ction at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records,shall be available at Consultant's address indicated for receipt of notices in this Agreement. • D. Where City has reason to believe that;such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the •above-named "officers, require that custody of'the records be given to the City•and that the records and • documents be maintained in Petaluma City Hall. Access to such records and . documents shall 6e granted-to any party authorized by Consultant, Consultant's representatives; or Consultant's successor in interest. 5( 6/1/00 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 • 3900 Rolling Oaks Road City Clerk Address' • APPROVED AS TO:FORM: Sarita.Rosa CA 95404 • City State Zi'p • City Attorney Taxpayer I.D. Number APPROVED: Petaluma Business Tax Receipt,Nurnber, Department Head APPROVED: Risk Manager • APPROVED: • • Finance Director • ' profess(folk) 6 6/1/00, FROMier IWPLkER 'GPO-a' 1NC' PHONE N . 707 539 4910. Jan- 162001 12:24PM P2 THE WALKER GROUP P.-0. BOX 14429 SANTA ,OSA,. CA 95402 • - PRODUCTION 'ESTIMATE Alb :lient: Sonoma County water :Agency Date:: '01/15/01- Yob Description - Produce . {'1) duplicate : _. Job No THD bus back card per 6 designs ct contraed Cost Estimate Notes *Planning and Contact $ '- •- Produce 1 additional Copy bus back of contracted 6 Baugh Layout $ designs totaling 6: Comprehensive Layout. ... . .:. Type Specification.,, ., . . . . . . Coat includes production Illustrations only, no :design. .PhotogPrpnt Photo Prints $`300/per .bus vinyl Retouching.. . . . . . Size: 19 7/8" x 43 7/8" *Reproduction Typography. . . .,. ' * photostats. . . . . . . . . . . . * Mechanical Art and Assembly $, Y P-lates and Film=-..=v7-� ,.-: • S' tallation S * duction S 1. 80f-. 00 • k ,___,I-out , . - installation.. . . . . . . . . . . . . • . $ Shipping .. S - . Sub Total. . . . . . . . S 1. 800. 00 • • Sales Tax on $ 1800. 00 _ $ 135. 00 ESTIMATED TOTAL. $ 1, 935. 00 - Agency The Walker Group By _ --. Date CLIENT'S 'APPROVAL . The agency is hereby authorized toprepare 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 Price' exclusive of client-authorized alterations, , shall not exceed the estimated price by more than '10%. It is further understood that 'charg'es for this work will be mailed monthly as they accrue- that invoices will be due and payable no later `than the• l0th, of the month following; the date of invoice, that interest at 1 1/2 per month �w-ill 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 . 1111frit By _ Date • 1 ) FROM : WALKER GROUP 'Itje PHONE NO. : 707 534. 4910 Jan. 16 2001 12:25PM P3 THE WALKER GROUP P.O. BOX 14429 'SANTA ''°°?SA, CA 95902 i PRODUCTION ESTIMATE • :1ient: Sonoma County Hates Agency Date: 01/15/O1 Job Description Design -and produce Job No. n'BD• Imprinted sT-shirts - _ . Cost Estimate Notes * Planning and 'Contact $ 95: 00' T-Shirts: Copy Fabric: 50/50, 'white Rough Layout $ Imprint• Front. (2/C) Comprehensive Layout. . . . . . . . .Back (3/C) * Type Specification . QtY: 250. . * Illustrations *: Photography $ . * Photo Prints. . . .. . : . . ... : . . . . * Retouching, . .,. ._; . . . . _ . .- . . . . * Reproduction Typography * .Ph)otostats. ._ . ..- - - - . .•. . . - -.• . . * Mechanical Art and Assembly. $ 225. 00 * Plates and Film, $ * installation. :.. . . :. . . . . . . . . . uc * P-edtion $ 1, 912 . 50 *Shipping is .'-out estimated Installation $ ' , Shipping . . . . . . . : . ... . . . . . . . . $ 110. 00* Sub. Total. .- . ... . ..: :,. . . . •$r 2',322. 50 , * Sales Tax" on' S 2212. 50 S 11:65..g* ' ' ESTIMATED TOTAL..... $ 2, 4'88.4'4 _ Agency The Shaker Gr9un By- Date 'CLIENT'S APPROVAL .. - The agency is hereby •authorized to prepare the material described above. It is understood.'thatt est-imates are .subject to revision after 60 days It is further understood that Prices shown' herein:are estimates, and-that the= final price, exclusivesof client-authorized alterations, shall not exceed the' e`stimated' price by more than 10% . 'It is further understood that charges•_for this work will,be Mailed, monthly as they accrue; that invoices will 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 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' will be borne by the client. Client By Date _ .FROM WL-KER GROUP INC. PHONE. NO. 707 539 4910 Jan. 15 2001 12:25PM P4 •THE WALKER GRgUP P.O. BOX 14429 SANTA `°'SA,. CA 95402 PRODUCTION. ESTIMATE lient : Sonoma County Water Agency' Date: 01715/01 ,b Desc iption_Design and produce __ Job`NO TBD -. l2"-,a..15". patch handle bags-_ • Cost Estimate Notes Planning and Contact $ 80.00 Bags: Copy • Size: 1.2" x 15" white Rough Layout $ 60.00' _ Color: 1/,1 (black) Comprehensive Layout . Design: ' Type Specification Side/1 - Hot Summer Days - , ' Illustrations Side/2 Water at Night • Photography . _ ... . . . . . . . . . . . ... S • Qty - 3000 • 'Photo Prints ' ___- . ' Retouching • Reproduction 'Typography. . . . - . • Photostats- 1;60; 00 • Mechanical Art and Assembly'. 4 -Plates-and Film. , . . . . . . . . .,$ 25'5. 00 T tallatio.^. S • duction $ 7, 205..00 *Shipping: • Lout .$ Estimated weight. is 78 lbs. $' " Cost .s estimated and may Ihippingtion 'Shipping $ ,oOt vary. Sub Total $ 1, 825 .00 Sales Tax on $ ) 760. 00 _ $ 1.32..00 ESTIMATED TOTAL S 1,.957 . 00 . . The Walker Groin-) By Date- . . CLIENT'S APPROVAL 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 price, 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 accrue, that invoices will be due and payable no later: than the 10th of ‘ the month following the date of nvoice; that interest at 1 1/2 per month will be charged on accounts more than 30 days past due, retroactive to the due date, and that costs, including attorneys' fees, incurred by the agency in authorized herein, will, b-e borne by the client . ..• ilk tBy Date . 0'� ' INSURANCE REQUIREMENTS FOR CONSULTANTS . • Consultant shall rocure and maintain for the duration of the contract insurance p surance 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 Scopeof Insurance Coverageshall.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 maintaiiialimits 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 isiused, either the general aggregate limit shall apply separately'to this project/location or the general.aggregate limit shall be twice the required occurrence limit. le 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.Self1hsured`Retentions 7 deductibles orr self-insured retentions must be declared to and approved by the City. At the option of t ,:y, either: the insurer shall reduce:or eliminate such deductibles or self-insured retentions as respects.the;Ci_t} its offcers, officials,;employees and volunteers: or the'Consultant shall procure a bond guaranteeing payment of losses nand related iestigations, 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 provision's: • • 1. The City, its officers, officials, employees and volunteers the 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 thecCity, 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 Ci%il Code:. 2. For any claims related to this.project, therConsultant's insurance coverage shall:be primary:insurance as respects the City, its fficers, officials, emplloyees and volunteers. Any insurance or self-insurance maintained b 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 with reporting or other provisions ofthe policies including breaches of warranties shall not affect 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 insurers 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 (3111. l days prior written,notice by certified mail, return receipt requested, has been given to the City. Exhibit B1• ' Page:C+of 2 6/1/00 • • icentability of Insurers urance is to,beplaced with-insurers with a current A.M. Best's sating of no:=.less than A:VII, unless otherwise `eptable to the City. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed.by a peison 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 l Page 2 of 2 6/I/00 S . • RESOLUTION NO . 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 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:-Petaluma has a:5=year Capital Improvement,Plan (CIP) for Ft Water System Improvements which-includes Project #9931 for waterconservation; and 18 19 WHEREAS, theiCity of Petaluma has,entered into a'cooperative agreement with the 20 Sonoma County Water Agency to fund and administer a Water Conservation Program in 41) 2i the Water CIP Project#9931 for'vpater 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 ofthe_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 agreement-for furnishing materials and 30 services for the industrial water efficiency program development with Pacific Technology 31 Associates. 32 Under the,power and authority conferred'upon this Council.by the Charter of said City. .. REFERENCE: I hereby.certify thetforegoing.Resolution'was:introduced and adopted by the Approved as to _ _ _ .. Council of;the dip of Petaluma at a (Regular) (Adjourned) (Special) meeting form on they - .day of _• ..;19- by the following vote: City Attorney AYES: �OES: ,SENT: ATTEST:. _. . . . .. .. .. . City Clerk Mayor CA 1 085 Rear Na NI d5, S 0. \ . . i 1 .. • PROFESSIONAL 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 niade and entered into this dayof' 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 Consultant;providing professional services to City under the following.terins and conditions: In consideration hereof, andthe mutual promises, contained.herein, the parties agree as,follows: 1. Consultant shall provides 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 $14,640 atAhe end'of task two $13,640 at the end of task three, $2,900 aVthe end of task"fo'iir, $'9,500 at the end 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 the on e re uestd t, "Vendor Information" form available from the City,.and has q "Vend m 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 Tae Receipt pursuant to the-Petaluma Municipal Code.• 2D. In no case .shall the total contract compensation exceed FIFTY THOUSAND DOLLARS ($50,000.00) 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,shah be provided by Consultant •i along with a revised schedule of progress and supporting materials. - 6/1/00 • 3. Services performed by Consultant to City which exceed' those, services described in S • Section 1 herein,/shall be considered "extra'work." Extra work shall only be performed by:Consultant.upon prior written authorization of the City Manager: Consultant,shall.be_; compensated for exira work atdhe>foIlowing rates: $100.60 per•hour. 4. Use,Section 4(a) or 4(b). (a) The term of this Agreement[commences 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, givenin-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 S 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 agreedthat Consultant, including his/her agents and employees, is not an agent or employee of the City, but rather solely:responsible for his/heriacts'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 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 terminated or suspended by the City, upon den (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 Consultantshall be entitled topayment for. all services performed to date of termination to the-extent they were actually performed'in accordance with this Agreement.. • • 2 6/i/oo • a7. Consultant shall.perform with his/her own organization, all-work specified.and required in this Agreement. No++assignmentior 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 complywith•all appropriate"local,city, state and federal laws, regulations and ordinances governing performance of''contractual services required hereunder, in accordance with professionals' standards•bfcare. 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 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:r Edwin;B. Orrett, P.E. Pacific-Technology Associates 210 Fourth Street, Suite B Petaluma, CA 94952 Telephone: (707)769-5335 12. All bills shall be sent to the designated project contact person on amonthly basis or upon task completion, whichever is appropriate. Bills will be checked by said contact person. Tor• 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 •1 receipt. 3 611/00 13. All original papers, documents or computer material on disk or 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:consentof 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 idamages 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 in°coiporated herein by reference: Please check and initial;exhibit to be • incorporated: Exhibit B1 X Exhibit B2 16. Amendment. This Agreement may be amended, provided said amendment'is'in writing fond;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 customary-fee. 18. This Agreement constitutes the:.ent e 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 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 oriobtam such'services: • 20. This contract is the product of negotiation andreompromise on the part-of both parties and that the parties agree; 'notwithstanding ,Civil.'Code ;section 1654, that in the event of 4 6/i/DO uncertainty;The language" is notao be construed agates'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. 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 l'aw of the:federal, state Or local government having jurisdiction over this Agreement, the validity of the remaining portions or proyisions,shalljnotbe affected thereby. 22. Nan-Waiver. The City's failure to enforce:any provisiondithis.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 in full force and effect. 24 Mediation. The this Agreement through,to mediation prior-to e emptbto,resolve any dispute arising out of p g ommencii g litigation. The parties shall mutually agree upon the mediator and shall divide the-costs of mediation equally.. 25. Consultant's Books,andRecords.. A. Consultant shall maintain any and all ledgers , books of accounts, invoices, vouchers, canceled,checks and other records or documents evidencing or relating to charges,for,-services,or expenditures'and disbursements-charged to the City for a.minimum._period of three (3) years or Tor; any- longer period required by law, from the date of final paymentto Consultant pursuantito;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 terriiination or completion bf this Agreement. C. Any records or documents required to-be maintained pursuant to th is 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: Copiest 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 D. WhereCity.has-reason nto believe records or documents may be lost or discarded due to dissolution disbandment Jor termination of Consultant's 6/1/00 • 1 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 reptesentatives;,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 - • . By CityManager ATTEST: Title 210 FourtItStreet. Suite B City Clerk Address APPROVED AS'TO FORM`. Petaluma CA 94952 City State Zip City Attorney Taxpayer I.D. Number APPROVED:. Petaluma Business Tax-Receipt Number Department Head APPROVED: • Risk-Manager APPROVED: Finance Director - .• • ,6 utl/00. • `, c /1At# • INDUSTRIAL WATER EFFICIENCY PROGRAM DEVELOPMENT Proposed Scope of Work • Pacific Technology Associates SUMMARY • This proposal outlines a Scope of Work;thatwill provide the strategy, documentation, and support necessary to create an Industrial 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 educe efficiency improvements from industrial partners:by means of performance-based pdblic financial incentives. OBJECTIVE • The primary objective is to improve the effi iencyofwater use'withiri the City's Commercial. Industrial, and Institutional (CII) sector at less,cost,to the public than,supplying water and wastewater services.' Achieving. this objective insignificant fashion requires uncovering and addressing critical implementation-issues. While some of these.`issues'are already known, others have yet to be identified.2 This project therefore includes procedures for.identifying critical issues so they may be addressed-imthe program design. The design of a water efficiencyprograrn-is;fundamentally=different,frotn the traditional utility prograrins that address.neW public works infrastructure; for non-technical issues are the most important.' One works with users to reduce demand;,theother attends to accommodating whatever new demand appears. Accordingly, this workplan refers to.social systems theory to i design a demand management program that wilhdeliver superior results: For comparison in common units:across programs, costs should,be,expressed as lifecycle unitcosts(the present value of fixed and variable costs,Pei gallon, evaluated across.comrtion lifetimes). Z Known issues include size of financial;incentive,timing of payment(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 commitmenttolaction,;and how to value concomitant program benefits (e:g:,economic development and environmental benefits related;to a"reduced water,demand). 3 As noted by The Water Campaign,a project of the International Council for Local Environmental Initiatives: The Water Campaign focuses.onstlie need to iinprove dialogue between water managers and water users. This dialogue begins with=improved.water.managementwithin'the:local governmentitself.,and extends to the community and the watershed.area. Improving local government service delivery places value on,cotmnunitty 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'an9international movement of local governments and their stakeholders who are committed to achieving tangible improvements in the sustainable use of •. fresh water resources - Lit SCOPE OF WORK - - .. Task 1. Market:Analysis ($3,600) 1.1 Consultant to work with Citystaff:to characterize;market in'terms of water use_by. customer type using database of'ClLcustomers provided by City: contact information, type of business, and water usage,historr(preferably at least two years of billing data). 1.2 Consultant recommend marketsegment to address;discuss and confirm with:City staff. Task.2. Refine Program'Content (514,640) • 2.1 Review similar programs offered elsewhere (via telephone and literature),with attention paid to: 2.1.1 Descriptionof Utility and Program 2.1.2 Overall;success 2.1.3 Customer classes addressed 2.1%4 Strengths and weaknesses 2:1.5 Supportprovided for audits 2.1.6 Payment structure (tuning,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 waterconservation programs 2.2 Qualitative Research: interviewsam`pleaof potential:beneficiaries to determine important questions to pose in asurvey:4 Appropriate;City and US.Filter (wastewater treatment/ industrial pretreatment) staff will also be interviewed, independently, to identify management concerns. 2.3 Develop and conduct mail survey ofCII.customers, based uponrabove'interviews. City to provide duplication and-mailing services. 2.4.Evaluateresultsand summarize issues that Program should address 2.4.1 'Precise:niarket.to address 2;4:2 .Perceived barriers and benefits • 2.4.3 Vague areas requiring resolution • .2.4:4 Marketing issues to consider 2.s Discuss.results(of horn 2.4) With:CityyStaff This willinclude;barriersand benefits, approaches;toward commitment sources of information,perceived to be �. credible, anckpoteritial positive social norms that will encourage participation. • • 1111/•: Task 3. Desig'n-Program and'DraftDocuments ($13;640) • 3.1 IIow Program-Works (PowerPoint Presentations)5 3.1.1 For City 3.1.2 For Private,Partners(a.k.a. utility_customers) 3.2 Prepare Application Form(s).,This'task will not include:legal review: 3.3, Outline MarketingStrategy'(including community-based social':marketing techniques to encourage participatibt r 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 Continuous,Improvement;settingsobjectives,measuring performance, adjusting the program, and revising+objectives 3.5 Review entire packageowith City staff and incorporate suggested changes Task 4. Test and Revise;Program 02;900) 4.1 Assemble focus group(s); present material, and discuss- 4.2 Revise Program anddocumentation 4110) Task 5. Develop Program'Launch•Strategy (59;500) 5.1 Recommend.launch procedure;including appropriate.workshop(s)' 5.2 Recommend pre-qualification procedure for_design and/or monitoring & verification professionals:(?)—firms toy 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 Tasks6. Prepare EPA Grant Proposal Leverage City Investment ($5,600) Pacific TechnologtAssociates will work with;The Bay Institute to prepare a grant proposal to the,US Environmental.Protection Administration'that will'Maude development of a Sustainability Management System for use in Petaluma. As;discussed below,work on this task began prior to being invited to:prepare thins(City) proposal: The project proposed for the City of Petaluma provides the-means.for helping to finance and promote indoor`water efficiency for Petaluma's CII customers. When this work is cast within a larger framework;:however, its.effectiveness will multiply. For example, industrial water ,, 5 Note: the budgetdoestotallow updating the.1998 estiinate of avoided costs, upon.which incentive:payments are 1 based. 6Doug:McKenzie-Mohriaiid-William''Smitti,.$osteringSdstainab leBehavior,New'Society:`Gabriola'Island; 1999. efficiency already demonstrated intPetaluma reveals the great•value of addressing•other resource consumption simultaneously with water.efficiency. The ability to,realizethe benefits of this approach; however,_requires directing-management attention:to unfamiliar areas. The best available tool for improving;management,effectiveness in this area isaa,high- performance Environmental Mar agement System (EMS)based on lnternationabStandards Organization 14001f.1996(E), which incorporates;elements of Agenda 21,to convertrnit to A. Sustainability Management>System,(SMVIS). This SMS may be designed to.meet project. design, financial incentive::administration,"and continuous improvement needs of the. Industrial Water Efficiency Program. The design of the desired SMS will include the following-criteria: criteria: • cataloguing of all-relevant environmental risks (defining,environmental aspects and impacts) • cataloguing,of all relevant social;responsibility risks! • • consideration of the economic vitality of the affected region • incorporation of Chapter 28 of Agenda 21 on the role of local agencies in pursuing: sustainable idevelopment • • incorporation of Chapter'30'M'Agenda 21 on the roleof industry in;purs ing siistainable,developrnent and sustainabletproduction • • registration of the EMS/SMS•as a model for use elsewhere • • public,reporting and stakeholder invol'vemen to maximize consensus-based'decision making and optimize the chances of success;for:theproject. • 'The Bay Institute-,of San Francisco, in cooperation with Pacific-Technology AsSoeiates and WSP Group North America,applied to the EirvironmentahProtection Administration for authority to apply for a grant of$150,000.to develop the above and:other material.? A decision bythe City of-Petaluma to;proceed with Industrial Water Efficiency Will strengthen. the ability=to gain support from'the EPA, and`thereby means to vault:Petaluma': program ahead ofeVerything else:.to'truly become a nationalirnodel. • SCHEDULE • All tasks will be completed not Iatef tharn29,5uh 2001. • The,Bay.institute of=San'Francisco,Proposal for:Water Quality Cooperative Agreement Allocation; addressed to Michael Cook,,Director, Office of Wastewater Management, on 27 Nov 2000 This.proposaliwas;prepared with,the idea of EPA funding:the;Program development Work-discussed-above, in,addition to-the'SMS and"other items; The EPA proposa!would be modified,considerably if.the'City of Petaluma instead funds tile'Program development work. • INSURANCE%REQUIREMENTS FOR.GONSUI:TANTS unsultant shall p rocure and,maintain for the duration of ithe 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 shall be atleast as broad as:: • L Insurance';Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Offrce:fornt 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 limitsno 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 thegeneral aggregate limit shall be twice.tlie required occurrencelimit. 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 .Akriy, deductibles or self insured retentions must be declared to and approved by the'City. At the option of the either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, iu officers, officials, employees and'volunteers;.of th`e 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, on 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 herroWcf by the Consultant. The coverage 'shall:,contain no special limitations on the scope of protectio n 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 Cidil 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 shalhbe excess.ofthe 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 01 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 B I Page I of 2 6/1/00 Acceptability of Insurers Insurance is to be placed with insurers with acurrent A.M. Best's rating of no less than A:VIL unless otherwise eptable to the City. Verification of Coverage'. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by, a person authorized by that insurer to bind coverage on its behalf. 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 I Page 2 o12 6/1/00 • CITY .OF P'ETALUNIA • CALIFORNIA - • M MO ANDUM • • • City,Manager's Office, 11pEnglish?Street,P.etulurna, C194952• (707) 778-4345 :Fri.i2(7071 778-4419 E-mail t :citymgr@cipetalumaca.us • DATE: March•9, 200.1 • TO: Mayon and Metnbets oftne'City Council FROM: Frederick C.Stouder; City Manager SUBJECT: Letters of Interest • • • • • ` ix54" ay mt ,vy I ? . ^gnu."s?r-a- F �x `o- `3+41r e` .•.4. 'Ss ? s�k x D!vh $tC t .44 fl rL J{ Mi ' .Z aY�' zy . ._ _ rF3n :"Sk _j i l . talc tila . ' .0 ailttwr t. C a Yg • 3/02/01 Letter RE Retirement of RogerPearson, Director Sonoma County •. Library and Search For Replacement. 3/05/01 Letter Sonoma County Community,Foundation—RE: Schulz • Neighborhood Grants Prograrmand`-How to Apply For Funds, For 3/08/01 Old.'Adobe non School District-Agenda/Calendar/Minutes • For 3/13/01 Board of Supervisors:— Agenda/Consent-Calendar • For 3/13/01 - Notice of a S ecial Marin Municipal Water District Meeting For 3/15/01 ABAG-Agenda/Minutes/Calendar For 3/20/01 Sonoma County Farm Bureau—:215`Annual AG Day • • • • - S.lsecretaryVV;of interest 3/09/01. • • • • GI: COMMISSION , 4; THIRD AND E STREETS T "�r�� Joseph P.Murphy Jr.,Chair SANTA ROSH, CA 95'404 �y " KayAshbrook . A z.,4 Robert L Bennett Dorothy Bertucci S O N O M,A TELEPHONE: 707 545-0831 „)ohn J.Healy J FACSIMILE: '767.525-9563 Helen Hintereder COUNTY , . �� lane P. Kunde � DIRECTOR .INTERNET: Roger L.Pearson LIBRARY•Y rpearson @sonoma.lib.ca.os• ASSISTANT DIRECTOR mcilly@sonoma.lib.ca.us MollyE McDermott • March 2, 2001 ` Ryg Frederick C. Stouder, City Manager` 3'1 English' Street' MAR' ; •s 200 Petaluma, CA 94952-2 10' ' C9r mAI Adrz i ;• Dear Fr rick: ' ' . re You, re may have adMille,Press,:Democrat last December that I will be retiring from.the Sonoma County `ibrary,effective March 7,.2001.. A national search_is being'conducted=for a new Director,.and I;expect that one should be.in place by mid-year. ,During that period, Assistant•Lib>aary . Director'Molly McDermottrwill`be servingas Interim Director, and<any inquiries . you may, have about-your:hbrary=facilrty-or services;to.the:community,should be . _ " • directed;to henas follows: . Molly IvlcDermott; Interim Director • Sonoma County Library _ .. . 3rd+arand``E?Streets • . . „- •. , Santa Rosa, CA, ,95404. ' ` . ' _. - - Vice,545-081 Ext:-53 ' - • - o 3 FAX 525-963' molliasonomaaib:ca.¢s, - Myfive years:With= ith the Sonoma County Library were very pleasant-and. . - informative I've'enjoyed.working with you and your staff;,and feet our;efforts • have always been„productive;and'benefited.our customers. Thank you for your efforts in keeping ourfacihties in good order. Sincerely , • nog", •earson . - Lie__aryDirector . - 'coascinter• . . a ' .Sonoma County,Library,is a;publicagency created by the/Jointexercise of,powers of the County of Sonoma.and the .,__ . Cities oi.Cloverdale,:COtati,He3ldsburg'Petaluma,Rohnert Park.Santa RosalSebastopol,'Sonoina and Windsor. SONOMA COUNTY COMMUN=ITY FOUNDATION Aturgiff '2601 • Alk el Ala 1� MAR 0. March 5,2001, ZUUl Q/ _. MAYOR •Mr, Clark Thompson: `� City of Petalura 47 0 City Hall, 11 English St. 14Sf • Petaluma, CA 94952 • Dear Mr. Thompson, Were looking:for neighborhood leaders,(or groups) who want,to;make;•their communitya better place -but who haven't thought about contacting the!Sonoma`County Community Foundation for:support. . •. Specifically,:the Community'Foundation is interestedin hearing small,one-time projects that bring:people from a'neighborhood together with a'goal',of producing some tangthle improvement to their neighborhood- and were prepared to:grant,up to $1,500 to help make that happen. -. . • We're hoping if you know of such a group you'll share this information"with them and • encourage them to contact us. They don't need to be a formally organized group (though we do require that there be a responsible adult;to lead the project) and we'll;even explain how to apply:.Alltheyre required to do if'they receive a grant-is to complete'.the project and write.a brief report about it„docunrenting:how their funds iere spefiCThereare no deadlines and . grants are made throughoutth'e:year. The.enclosed flyer provrdes the details ofthe Sehnl?Neighborhood,Grants program.•Anyone . wanting to applyfora grant+shouldeontact me to'sdiscusstherr ideas.I•can:bereached at . - 579-4073. ' - ” The Sonoma County Community rounuauon:is here for-tie,people of onoma County. We . . appreciate your help.in,making sure that we.reach--the broadest possible audience aboutthe Schulz Neighborhbpd;Grants;prograni. . - Thank you so much for your,help: If you haveanysquestions,please-let me'know. Sincerely; - . . Robert'Judd, ' • Program+Officer • P.S, Schools and departments of local,governments are not eligible to apply.Because grants are made on a competitive'basis,•not all-proposals receivefuriding. 250 D'STREET,SUITE•?OS.SANTA ROs9 C.A 9540447T3 707:51.94073' FAX i07-5,7.99501 1,in.sgnoma.orr SONOMA COUNTY COMMUNITY FOUNDATION .1r. • Schulz =Neighborhood Grants Program_. Neighborhoodbased•groups that are'interested in:projects to improve their community can find financial resources:for their projects at the Sonoma County Community Foundation. Through our Schulz-Neighborhood Grants program, the Community.Foundation is able to make grants!of upto $1,500.available to support small,•one-tithe projects`. • The Community Foundation-would like to:encourage groups to develop activities that';benefit neighborhoods.and help'bring,people ofiall:ages'and'.backgrounds together in projects that will produce some tangible improvement. For.example:'we have<supported tenant groups'in Bevel- oping community food gardens; neighborhood groups!in cleaning up vacant lots and_local;creeks; and volunteer groups, made up of residents and;businesses, planting trees'along roadsides, rernovingxgraffiti, painting murals on exterior.walls, completing repairs.and clean ups at local • playgrounds,,holding;fix up days at old;train depots; and-planting flower gardensin parks!or weedefilledlots. Groups do not have;to be formally organized,andidon't need experience in writing a;grantappli- . cation. `However;,the^Community Foundation,does require that there,be a responsible adult to lead thetroject,and provide;accountability for how the Community Fouridation's grant;funds,are - spent. Groups that,receive grants are asked to write,a brief report about their project'andta document'to,the Foundation how their grant funds were spent. The application-process-is not difficult:or involved and Community Foundationstaff are available totexplainhow to apply:., Schools and departments of local government"are not eligible•to apply: Grants are made.on a competitive base: nOi all proposals will receive funding. _ . • -• We invite creative°and unusual ideas`for'projects;,as well.as practical efforts to getneeded work done. Applications,are accepted year round,and,are reviewed at'intervals during the year Application materials are;available.by.calling the Community Foundation and can be obtained from our website at www:sonoma.org: Groups'that are considering applying should call Robert 'Judd, at the Community Foundation,+at 579-4073: • 250:D,STREEr;SUITE 205,SANTA ROSA,CA 95404-4773 707-5794073 •FAX 707:579-1801 s*a +TG " '`+ s axt + 'i ` z+ut�'. '3ye l ^". 5f ' , A. ' ,.r ` �M p ii1' ri-t { ! + F t+ii _ v w x'>s7"f LOAD '!#' y { ` 4,,,,$,,,,� t 3f 1. r �, -2, OOBE UaNIONr,Sf CII00L DISTRIICT x Y1fi t y, �, +k+ m. �C41,re o t �5� �\ + a l tt� SV' 'i a c� .1 .y'. m -. t/ 4� i Petaluma_ ',ACA ., . ,_ ',7p,' .. , , A 9 e I ii it at ,A µ114e...... , r.. ,- �', r.e ...141'' 'h .e.a I. .1'A I: .a ....'a j ` 03 •�� .r +. .'Ic n : AGENDA REGULAR BOARD MEETING REC�l` Mares s,fool MAR' 0 $ 2001 5:30 p.m.Closed^Session,District AdministratiowCenter ClosediSession;Wi i Begin' Immediately Following O' bin.Way 7:00 p.m.,Open Session,La Tercera School,;1600 Al �� pen!Session CIT1r Call to Order i. p.m. Members present: MA EB MC JJ. DK • Administration present KD R F on d I o r a i o n: • Open Session Adoption of the Agenda M_S_V_� . Yes No Public Comment . Procedure for.Public Input • Items Notfori the Agenda: . • If there is in.'huh that is not on the agenda that delegations or individuals wish to present to the Board, the appropriate time is during either of the `FROM THE PUBLIC''sections of the Agenda. The-chair may limit the time allowed to any topic or speaker The total time allowed will be limited'to 30.minutes, divided equally by those wishing to speak. , Items op Agenda: • • Members of the community may give input'ona specific agenda item::The Chair will recognize individuals•wishing to speak the.Agenda item is being(conside'red.. _ Public.Announcement Regarding Closed Session - Closed Session .P.m.: M_S_V' /_ Yes No • Sec. 54957 Public Employee Performance Evaluation' ;Classroom Teacher', • Sec.549574 - Conference With'Labor Negotiator ... ' 1 " - • - - ' Name of Agency Negotiator: Dr.Dubrule/AlanFoden/Tom Brewer Name'of Organization RepresentingEmployeesE - 'Old Adobe Teachers'.Asiociation California School Employees Association - ' Open Session pan M V_/_ — Yes No - Declaration of Closed`Session Discussion/Action, . Pledge of Allegiance'to the Flag • Ilipotlight on Excellence Jennifer.Tescallo,Parent/Coordinator of After,-school Enrichment Program, • - Old`Adobe School. - Pagel .3-8-01 • Reports to the Board -Superintendent • - -. Director of:.Curriculum . Business Manages 'Site Adrmnistrators` 'Day Care Coordinator - Employee;Associations _ Schoof.Orgaiiizations ' Public'Comment - Consent Agenda - `Consideration of the Consent:Agenda andtapproval of items°thereon is by unanimous.consent MI matters listed under the Consent Agenda are deemed routine in nature. Information;concerning these,items has been forwarded.to each Board Member prior to this:meeting,for their study: The'Consent Agenda is acted upon in one motion unless,members of the Board,staff,or public request discussion author removal of an item. Request approval of: o Minutes oft/15/01;and 2/22/01 Board Meetings o. ,Bills'and Warrants o 'PersonnelLrst No 299 . o Acceptance of donations as follows: • Donor`: - Item: School; . Gary-Johnson Computer andInkjet,Printer Bernard Eldredge School • Pamela Bush CD Player La Tercera School' . Jean Rogers Hamster,cage andisupplies•' La TerceraSchoo' • - . Ann's Pet,Arcade Hamster,,cage'and',supplies _ La.Tercera School' Fred Webster Computer La Tercera School 'M" S;- "V / • Yes Action Items . , _ AO •• •. Consider,approval of•proposed budget reductions 'Alan Foden M, S. .V /' . _ - — — Ye_s- No • Consider approval of-Districtwide`LibraryPlan . .Dr.Raney e-. M,° S • .V• /' .. Yes. No • Consider approval°of positive certification,second'interim report . Alan Foden M S V_/ _. .._ - • - ;Yes- No-. • Consider approval of Budget Re Revision#6 - - - . - _ " Alan'Foden Ni S_V_/ .. . Yes No . Consider.approval,of Resolution•No.'333,Intthe,Matter of:the Discontinuance • of Certain'.Particular Kinds'of Services for the 2001-2002 School Year - ' • ' Dr.Dubrule, M S V / Yes- No • .Consider approval unpaid;leave of,absence'for Lisa Hartman and . . Tracy.Short,Miwok.ValleySchool,.2001/2002' . • Dr.Dubrute M S • V / -. . . Yes No • ,Consider'approvalof 20%unpaid leave of absence"for certificated employee - • •Shelly'Vollert,Sonoma Mountain School,;2001/2002' . Dr.Duhrdle• M S_ 'V / .. .Ye's, Ni� • Consider•approval of 40% unpaid leave of absence for certificated employee Cynthia Schulz,'La Tercera School,2001/2002 - Dr.Dubrdle' _1Vl_S V / Yes No • Paget, 3,8-01 • =Consider,approval of oo/:unpaidileave of absence for certificated;employees ' Dorothy Steiner,Becky Farwell-Wacker,Shawn"Morons,Miwok4Valley+School, and'Gwyn,Marshall,Bernard Eldredge School ,2001/2002 Dr Dubrule M S V / Yes No • Consider approval of-20%;unpaid':leave of"absence for<certificated'employee. Dori Johnson,Sonoma Mountam,School,2001/2002 Dr Dubrule M S_V^/_ Yes No • Consider approval,of75%-unpaid leave of absence for.certificated<employeet Michael Fanning,2001/2002 Dr.Dubrule M. S V /. Yes No • Consider approval of 100%4,1'0-aid leave,of absence for certificated employee Jamie Worthington,2001/2002 Dr.Dubrule M S V_/ — —'Yes No • Consider first reading,second readingaild possible adoption of;the following BP/AR 0420 Philosophy-Goals=Oliiectives:and Comprehensive Plans.School Plans/Site Councils AR 3513.2 Business and':Noninstructional Operations..-Parking, BP 4312.1 Mana!ement Supervisory and Confidential Personnel.Contracts BB 9323.1 Bvlawsfof;the'Board.,Order of Business Trustee Boling and Trustee Colbert M S V_/ — Yes Na Information - Board Member Reports Calendar of o Board Meeting March 22,-2001 o SSDA Conference'March 30-31, 2001 o Board Meeting'April 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'4,2001 o La Tercera Open House May2;2001 o Bernard Eldredge Open'House-May 9,2001 = o Old Adobe Open'House May'9,2001 o Miwok Valley Open House-Ma-3T 10,2001,6:30:7:30 o Board Meeting May 10,2001. ,• _ _ o Miwok Valley Choi-us-Concert May"14,:2001' - o SonomarMoutain 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 May24,2001 o Legal Holiday,.NoiSchool,May 28,2001, - o Last Student Attendance Day,-Minimum Day,June 14,2001 o Board'Meeting June 14,2001 Public Announcement Regarding Closed Session - - • Page 3 3-8-01 • • .Closed Session p.m. M_S_V / Yes No . 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 , • California School Employees Association Open Session p.m • M_S,V_/_ Yes No Declaration of Closed'Session.Discussion/Action • Adjournment _ p.m. M i V ;/_ Yes No • • • • • • • • • • • • • • • • Page;4 3-8-01 • • • i UnapprovedMinutes . Old.Adobe•Union School District' • Regular Board Meeting - . . February 22,2001 The Regular Meeting of the!•Ol •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; rMary Colbert, ROLL CALL Clerk;.Jim:Janakes,Member and•Diane Kiefer, Member: ADOPTION,OF THE.AGENDA Trustee Boling moved to 'adopt,the Agenda Motion. AGENDA seconded by Trustee Janakes>and approved5/0„ 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 Conference With Labor Negotiator Name of Agency Negotiator: 'Dr, Dubrule/Alan Foden/,Tom Brewer" . Name of Organization Representing Employees: • • Old AdobeTeachers Association California School Employees Association CLOSED SESSION 6:01 p.m: Trustee Kiefer moved to reconvene;the meeting in'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 Truitee:lcieferfand approved 5/0.. CLOSED SESSION DISCLOSURE: President Abel announced that' the,Board.,met;in CLOSED SESSION Ciosed,Session as described above: No'action,was taken. DISCLOSURE PLEDGE OF ALLEGIANCE: Principal Bonnie-Cooper led the audiencesin the Pledge of PLEDGE TO THE ` Allegiance to the Flag. _, - FLAG SPOTLIGHT.ON EXCELLENCE: RemovedfrormAgenda. - . , PRESENTATIONS: Kim Harper„Miwok Valley Principal, and kindergarten staff members.. . MV EXTENDED .- . made a presentation outlining a•proposal for an"extended day kindergarteaprogram.at Miwok- - DAY . Valley School f the 2001/202 s hoof ye r P P nal has receivedtsupport fron the. KINDERGARTEN p erin nt, OA 0andtha transportation department: La. Tercera School Principal,Bonnie Cooper-shared that the full day ,kindergarten. pilot•, LT_:FULL=DAY program'has been;highly successful this school_year;and thanked the Board of Trustees and KINDERGARTEN Old Adobe Teachers Association for their support- The full day program provides teachers the time:they feel is necessary to teach'the requuernents,'outlined intthe State standards. ;Ms. Cooper requested that the full-day kindergarten program be continued at La,Tercera,Schooll, REPORTS TO THE BOARD:' Superintendent ,Dr. .Dubrule thanked everyone.;for SUPERINTENDENT remaining calm and maintaining a professional demeanor during intense budgetcornimttee 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 report'edahat the district's.PG&E bill ,for. January was BUSINESS $29;000, an increase from:$16;000. 'There.was a 152°A; increase in charges for'megawatt MANAGER usage from 1998 to-2001. Page l 2-8-01 Site Administrators: Bonnie Cooper reported class'activ Bon ities including a virtue SITE Iditarod,'and gold country field trip. ADMINISTRATORS Kim Harper announced that Miwok Valley students, are• continuing to participate in the II Governor's ReadingChallenge. Mike Aja invited the Board of Trustees to visit•Old'Adobe School on March 2 for Dr;:Seuss celebrations. Coordinator of Child Development:, Kathie Williams. announced that the district was COORDI_NATOR'O_F .awarded,a $5,000 grantthat,will be used'to upgrade kindergarten'playground equipment of CHILD Sonoma Mountain School. The Kids Care program,willbe•accepting new::registrationszfor DEVELOPMENT students during the month°of March. Ms, Williams thanked the Board forattending Training Of Trainers. She will • training on Saturdays far Kids;Care staff - . n EMPLOYEE ORGANIZATIONS Nancy Kelley,,President-of the Old Adobe;Teachers' OATA Association, made a statement to the Board requesting a demonstrated commitment to the certificated staff indicating that although they have received costof-living, adjustments, salaries have lost.ground to•inflation Although Governor Davis stopped short of pronusing . California teachers a significant raise, the Old :Adobe Teachers Association requests that salaries be raised to a leveFthat;is'fairand just. , Adrienne`Lofton;,President of the':Californta School Employee`s,'Association, requested'that CSEA the Board'think about„what isrbestfor all the children a'nd to remember all,the`employees, • . SCHOOL ORGANIZATIONS: Barbara Vaswani, Old Adobe±,School PTO representative;, • SCHOOL , • _ announced upcorrupg'events mcludmg?afund raising-droner.ont March-13;.for Ocean Week;, ORGANIZATIONS' and PTO'sponsored CPR and first aide;trainingon'Marclii 1. . • Lisa Thornton; Bernard Eldredge School;Site Council representative,;announced:that she is; • . III continuing to'arrange a joint dtstnetwide SSC meeting. •• PUBLIC,COMMENTr •No comments. • . CONSENT AGENDA•- Trustee Kiefer;moved to approvetheiConsent Agenda. The motion CONSENT • was seconded by Trustee Boling arid approved 5/0 Consent•Agenda Approval of Minutes; AGENDA • -- - of'February 8;-2001.Board Meeting, Bills and Warrants.#'s.414796-414823;,416087.416125, • and 416147-41'6226; Personnel List i#298 (attached); 'Student.Teaching -Agreement-with ' Sonoma!StateUniversity, and Acceptance of donations as follows: Donor - Item School' - Fair Isaac ' • -Binders • ' La:Tercera,School • The-Recob:Family' Computer,keyboard and'-monitor Bernard'Eldredge Technology Device and Early.Laughter 6 foxes of paper .Bemard.Eldiedge;School Karen de',Lui Literature books `BemardEldredge;School The Gruener Family - ComputetQprinter and printer Sonoma Mountain!School• The Costello Fariiily NEC:Monitor' - Sonoma.MountainiSchoot ACTION,ITEMS: MIWOK'VALLEYEXTENDED_DAYKINDERGARTENPROGRAM: MV EXTENDED Trustee Janakes moved'to approve:a one-year'pilot for=the,'extended day kindergarten program KINDERGARTEN at MiwokValley`Sehool. The motion was'seconded;by Trustee Boling and approved 5/0: PROGRAM .LA TERCER4'SCHOOL FULL-DAYKINDERGARTEN PROGRAM Dr:Dubnile{stated LT FULL DAY support for-the Ea Tercera full-day kindergarten program indicating that-full-day kindergarten KINDERGARTEN ° programs are a trend throughout the-nation. - Board of Trustees;were invited to visit:-the PROGRAM. program:. Trustee Kiefer moved to approval the continuatton'of the-full=day kindergarten - program at,La Tercera;School. The motion was seconded by Trustee 'Colbert;and approved, - 5/0. . Page 2 2-8'01 • 9 • EUDGET'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 CAMPAIGNSIIANAGER: 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 conducts surveythat 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 communicate 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 FiscalYear 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 OVERNIGHT/WATER 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 el approved 5/0. 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 excellent;job dealing with difficult-issues.: Legal timelines were REPORT reviewed including March 15 deadline for layoff of certificated personnel and'the-need to adopt the budget by June 30. District Educational Plan—Facdrties Master Plan Development Dr::Dubrule 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'irnprovements 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 medtoring 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: CALENDAR OF ' 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 4,2001 • . 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 May-14,'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,'2001 . 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.Dubmle/Alan Foden/Tom Brewer NameofOrganization Representing Employees: , Old Adobe Teachers Association • ' California School Employees Association •CLOSED SESSION: 8:40 piny, Trustee Colbert moved to-reconvene the meeting in Closed CLOSED SESSION . Session. The motion was;seconded by Trustee Boling and approved 5/0. 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,adjoum the•meeting. 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'H 41 H V) C II to a) U C L 1/1 '0) 1•0 < E 1_ c c ' '-'0C •E I- -1 it rzt al, a) . ;C •r• J n1 CU U Z Y -2 n < Y y z z • • it TUESDAY, MARCH 13, 2001 tilts OT • • • BOARD,OF'SUPER V IS ORS SONOMA.COUNTY REGULAR MEETING SPECIAL DISTRICTS MICHAEL J.GALE .1ST DISTRICT SUPERVISOR'S CHAMBERS MIKE KERNS DISTRICT SONOMA COUNTY TIM SMITH- 3RD DISTRICT ADMINISTRATION BLDG. PAUL L KELLEY 4TH DISTRICT 575 ADMINISTRATION DR.,ROOM 102A MIKE REILLY 5TH DISTRICT SANTA ROSA,CALIFORNIA 95403-2887 MIKE CHRYSTAL COUNTY ADMINISTRATOR PHONE 707-565-2241 - STEVEN WOODSIDE COUNTY COUNSEL FAX 707-565-3778 WEB SITE http://www.sonoma-county.orgmain( The Board of Supervisors welcomes' to its meetings which are regularly scheduled each Tuesday,and • your interest is encouraged and appreciated. - Public.Transit Access to the County Administration Center SonomaCounty 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 1=800=345=RIDE. The agenda is dividedcinto,two sections: CONSENT CALENDAR: These matters include routine;financial;,and administrative actions,appear in the blue section and iarcusually approved'by:a single:majority;vote. AnyBoardNember,may remove an item from the consent;calendar. REGULAR CALENDAR: These items include significant and-administrative actions of special interest, appear in:the white section and are''classified'by'programarea. The regular calendar also includes`Set Matters";.which are noticed hearings,work sessions and public hearings. ADDENDUM:-If there is an addendumto the agenda,.it will Be posted;at the;above referenced web site by Friday ati5:00 p'"m.the week before the m'eeting., • ANY MEMBER OF THE AUDIENCE DESIRING TthADDRESS THE^BOARD ON A MATTER ON THE AGENDA: PLEASE:WALK TO THE ROSTRUM AND AFTERRECEIVING'RECOGNITION FROM THE CHAIR,GIVE YOUR NAME AND ADDRESS,AND YOURCOMMENTS OR QUESTIONS. IN'ORDER THAT ALL INTERESTED PARTIES HAVE AN OPPORTUNITY TO SPEAK,PLEASE BE BRIEF AND LIMIT YOUR COMMENTS TO THE SUBJECT UNDERDISCUSSION: TIME LIMITATIONS SHALL BE AT THE DISCRETION OF THE'CHAIR OR BOARD. • Agenda - March 13, 2001. • Page 2 • Tuesday..March 13; 2001. • 8:36:A.M. SPECIAL•DISTRICTS Consent Calendar Sonoma-County Water Agency, Sonoma Valley County Sanitation District, South Park CountySanitation:District, GENERAL COUNTYGOVERNMENT Approval of Agenda Consent items pulled 'Items to beheld Off Agenda;Items Commendatory/memorial resolutions BOARD OF;SUPERVISORS Consent Calendar SPECIAL.DISTRICTS • Regular Calendar • Community Development Commission • BOARD OF SUPERVISORS. • Regular Calendar Health&`Human Services; • Criminal Justice System Services Development Services, General Administrative Services Closed?Sessian: • 1. The Board of Supervisors will consider the following.in closed session: Conference with Legal Counsel-Existing`Litigation, • p p yof Sonoma, etal. • Name,of Case: Aril Cha man v: Count Superior Court No SCV-222856 Agency• against ;Sonoma County District Attorney's.Office (Govt:,,Code Section 54956:9(a)) • 2. The Board of Supervisors will,consider the following in closed:session: • Conference with Real Property Negotiator Property; . •ShilohRanchRegional Park-and Mayacama`Golf•Club •Negotiating Parties`. 'Director of Regional Parks • Mayacama GolfClub • Under Negotiation: •Boundary and lot line adjustment, (Govt. Code Section'5495.6.9) • . • - - .;‘ Agenda - March 13,2001, • Page 3 200 Report oh Clesed.SeaSion • TOO P"erselial Appearances • 2:00 Permit and Resource Management Department Review and possible action on-the following: • 1. Acts and Determinations of Planning • Commission/Board:of Zoning Adjustments . 2. Actscand-Determinattonskof Project Review and,Aclvisory[Corrnittee 3. Administrative peterrnittationsof the Director of Permitk and Resource Management' • • Regular Calendar Public Hearifies:„ 2:15 Hearing PBMD. File No UPE 00-00.6S. • Description: To consider an appeal by Bloomfield Rural Alliance of a Board of 1110 Zoning Adjustments decision to:approveia.use permit to relocated a composting facility from the 782 Thompson Lane mushroom farm aild.4 new commertial rnushrobritfarm;and agricultural eitpleyee • unit Env Doc Negative Declaration • Location: 9001 Roblar Lane, Petaluma . Sup. Dist::.. " - . (CONTINUED'TO APRIL 24, 2001.at210 • - • _• • - • • . _ • • • • 40. • • - • IF . , . . •1 _ . . • . • • :SPECI'AL,DISTRICzTS • • - _ • CONSENT CALENDAR • MARCH 33:.2001. • -III. DEVELOPMENT SERVICES SONOMA'COUNTY WATER AGENCY : • 1. i 'Heal dsburg;'Veterans' Memorial•Beach',Dain FiSh CadderProject Advertise forBids Resolution adopting plans;and°specifications-for theiHealdsburg`Veterans' Memorial Beach Dam Fish 'Ladder Project,,andauthorizing!advertisement.for bids to be received by 10.00 am: Thursday Apri1,12, 2001c 2. Marin Creek Channel Maintenance•and RevegetatibwPioject Approve and authorize the Chairman to•execute the,Agreement for Funding of the Marin Creek Channel'Maintenance and Revegetation Project ($75,000) with Southern-Sonoma+County Resource Conservation District Authorize the,General;Manager/Chief Engineer io executeamendments to'the 11 Agreement•that cumulatively do not•"exceed $25,000`:and•amendments to extend .. the term of the?agreement or to make otherchanges:to the agreement • 3. Mayacama Wastewater Collection and Treatment Facilities • Agreement for'operation and maintenance'ofthe Mayacama Wastewater . Collection and`Treatment:Facilities - • • • • • • W 1._ • • SPECIAL DISTRICTS (Coned) March'13;"2001 • CONSENT'CALENDAR (Cont'd) • SONOMA COUNTY WATER AGENCY/TRANSPORTATION-AND`PUBLIC WORKS 4- :South;Santa Rosa Avenue Conduit Project-Phase-I and Phase L Concurrent'action;authorizing the.Chairman to execute the Agreement for Funding of the South Santa Rosa Avenue-Conduit Project-Phase I and'PhiasesII ($3.593,000)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. (executeramendments to the agreement that cumulatively doe not exceed$25,000 and‘ainendments to:extend`the term of the+agreement or to make other cl'i rages•-,to • the agreement;for the following( ''Sonoma;County Water Agency Board'-of Supervisors . l 5. MarinCreek'Bypass,at Skillman Lane Concurrent action authrizingte hairmatexecute theSAeeetfof gr Funding of the.Marin Creek Bypass;at Skillman Lane Project ($75,000)@ between _ the Sonoma,County Water:Agency and the County,of Sonom_a,Department of . Transportation and Public Works, and authorizing the General Manager/Chief. . Engineer and the'Drrector'of Transportation and Public Works:to execute„ 111111' amendments tor the agreement that cumulatively do,not;exceed,$25,000'and amendments to extend the term of the:agreement or to;make other changes to the' ' . agreement for;the following: F . Sonoma County Water Agency _ Board of Supervisors SONOMA'S'ALLEY COUNTY SANITATION DISTRICT(3=Member Board)] 6. Extension of Local Emergency for Reservoirs RI and,R2 Resolution,extending the existence of a local emergency for Reservoirs RI and R2 • • -2= • • SPECIAL DISTRICTSk(Cont'd); . - March 13, 2001 CONSENT CALENDAR(Cont-'.d). • SONOMA VALLEY COUNTYISANITATION DISTRICT (Cont'd) - 7. Extensibfrof Local Einergeiicy • Resolution extendingethe existence of alocal emergency due to mainsewer trunk lines deteriofation-on,Broadway north and.south of Leveronj Road - SOUTH:PARK:COUNTY SANITATION:DISTRICT 8. Annexation to South?ark_{S'anitation'.District Resolution approving,annexation of3845 &'3855,Santa Rosa Avenue, Santa Rosa, Galifomia; (APN 134-181-046 & 134-181-047)and authorize Chairman to • sign on.behalf of the South Park County Sanitation District • • • • • • • • • • • • -3- • • • .. �.. ' S • • . . `'t` - �, .. _ ...• - . . y. -