HomeMy WebLinkAboutStaff Report 3.F 03/19/2012 Agesi wIte w#3 . F
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DATE: March 19, 2012
TO: Honorable Ma i - : • u M of the City Council through City Manager
FROM: Dan St. John, .` I orks and Utilities
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services
Agreement with Daily Acts for Ongoing Water Conservation Education Program.
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Authorizing.the City
Manager to Execute a Professional Services Agreement with Daily Acts for Ongoing Water
Conservation Education Program for fiscal year 2012/13.
BACKGROUND
To implement its water conservation public outreach and education program the City relics upon
the guidance, recommendations and mandates outlined in the Water Conservation Plan (WCP),
the California Urban Water Conservation Council's (CUWCC) Best Management Practices,
(BMPs), the General Plan, and the Urban Water Management Plan 2010. The City's existing
water conservation program has resulted in a measurable water savings of 370 acre feet per year
which represents an approximate 23% decrease in average day maximum demand water supply
needs since.2006. The program has increased customer participation in City sponsored water
conservation programs by 59%, from 1115 to 2758 participants per year over the same period.
The WCP projects that water conservation efforts will account for a total of 2,295 acre feet of
water savings per year at General Plan 2025 build out which corresponds to a20% overall
decrease. The WCP identifies that conservation is the most cost effective and economical new
water supply/offset source currently available to the City of Petaluma and identifies a public
education and.outreach-program as necessary to help the City achieve this goal.
Since 2006, the public outreach program has consisted of successful workshops,tours and
seminars in topics such as sheet mulching, water efficient-landscaping, watershed education,rain
water and grey water harvesting, recycled water and general water conservation education
mostly geared towards residential customers.
The City wishes to continue with its existing public education and.outreach program and to.
create a component of the program that will reach commercial, industrial, and institutional (CII)
accounts as well, specifically targeting large CII landscapes, in,orderto help meet the goals
outlined in the WCP of eighteen CII customers per year. A greater number of workshops and
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Agenda Review:
City Attorney Finance Director City Manager
seminars will also be offered to residential customers to help meet demand as expressed by
customers for more workshops. The increase in residential workshops'will include a new water
efficient landscape maintenance training component where ongoing landscape care will be
provided by workshop attendees to all of the City facility landscape retrofits that have occurred
or will occur,through this outreach program (Cavanagh Center, City Hall, County Library, Police
and Fire Stations). Providing landscape care to retrofitted.City facility landscapes will help offset
Parks and Recreation division staffing needs for these areas.
Through this program a social media component will also be included to help modernize the
existing Conservation website, generate excitement for the program, and help expand the City's
interested contacts list for future outreach efforts.
DISCUSSION
For the last four years, Daily Acts has performed this program under contract to the City. Daily
Acts is a Petaluma based-non-profit environmental educational organization that specializes in
teaching water conservation and other environmental principles.to local residents and businesses
with the majority of its staffing coming from a qualified volunteer'labor force. The volunteers act
as workshop and seminar presenters, landscape and irrigation system designers and installers and.
registration and logistic assistants. These volunteers are made up of professionals in landscape,
grey water/rain water harvesting, permaculture and other water conservation related industries as
well as volunteer citizens.
Scope of services will include: program-planning and.implementation; event planning and
presenting; scheduling; staffing; site logistics and preparation; city facility landscape
maintenance training; follow°up reporting; marketing and promotions including the design and
development of high quality print'and web materials; and development and implementation of a
CII outreach program. We=anticipate 12 residential training workshops, 4 workshops with CHI
users and 22 public information pieces as deliverables under next year's program.
City staff recommends execution of the attached Professional Services Agreement for the
continuation of the ongoing water conservation education outreach program. Since 2006 the City
has enhanced its water conservation public education and outreach program to-include seminars,
hands-on-workshops and tours that teach customers how to become more water efficient inside
and outside of their homes. The program has mostly targeted residential water and/or sewer
customers and is a separate program from the Sonoma County Water Agency's School
Education Program which primarily targets K-8°i grade school children. The existing program
activities have resulted in water savings as shown below:
Activity Water Savings
• 45,000 ft2 of turf sheet mulched 1.125 Million Gallons per Year
• 19,000 gallons of Rain Water Storage Installed 19,000 gallons/year
• 12 Gray Water Systems installed 93,600 gallons/year
• 1500+Customers attended seminars/presentations 1.122 MGY
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The above water savings were calculated as follows:
• Turf Conversion — on average, every 1000 ft2 of turf requires 25,000 gallons of water per
year in our climate. The City's conservation Workshops-sheet mulched over 45,000 ft2 of turf
on various City facilities resulting in over 1 million gallons of water savings per year. This
figure does not include the total amounts of sheet mulching that the workshop participants
performed at their own homes:
• Rain Water Harvesting - Workshop participants installed a total of 19,000 gallons of rain
water storage throughout the City. The captured rain.water is used for landscape irrigation
water at the beginning and/or end of the irrigation season.
• Grey Water Harvesting—Workshop participants installed 12 in-home laundry-to-landscape
systems. The estimated savings from each system is 7800 gallons of water per year. This is a
conservative estimate.
• Seminars and presentations—Over 1500 customers attended educational seminars. Based on
surveys of water accounts of past:attendees, staff estimates that each attendee will save at
least one hundred cubic feet(748.gallons or one billing unit)of water per year as a result of
the water conservation seminar. This results in an annual savings of 1.1 million gallons.
The proposed public education and outreach program eontinues`to build upon the existing water
savings and will assist the City in meeting the water conservation,goals and objectives as
outlined in the Water Conservation Plan,'the 2010 Urban Water Management Plan, the City of
Petaluma General Plan and the CUWCC's BMP's as shown below:
Program Section and Requirements
• Water Conservation Plan P5 - CB- Water Use Surveys- 18 per year.
P 11 - Public Information - 8413 customers.
P17 - Landscape Training Classes - 180 customers /year.
• 2010 UWMP 4.4.- Evaluate Gray water systems.
• General Plan 8-P-5.B - Expand conservation,to further improve the
efficient use of potable water;explore and evaluate
additional opportunities such as gray water and rain water
catchment to offset potable demand.
• CUWCC BMP's BMP 2 —Public Outreach-at minimum a public
information program shall consist of the following
components:
1) Contacts with the public (minimum= 4 times per year,
i.e., at least quarterly).
2) Water supplier contacts with media-(minimum— times
per year, i.e., at least-quarterly).
3) An actively maintained website that is updated regularly
(minimum = 4 times per year, i.e.; at least quarterly).
4)Description of materials used to meet minimum
requirement.
5) Annual budget for public outreach program.
The outreach program will include a CII customer outreach program which will target and
incentivize large CII landscapes with the goal of converting 50,000 ft2 of turf per year. Those CII
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accounts that respond to the outreach program will then be invited to participate in our other City
sponsored CII programs e.g. Mulch Madness, SmartYard, appliance rebates and indoor water use
surveys where they will be eligible for such incentivesias free sheet mulch supplies, rebated
appliances and fixtures, and free water conserving devices.
A City facility volunteer landscape maintenance training program will be included which will
help offset current Parks and Recreation division staffing hours by utilizing workshop volunteers
to perform routine landscape Maintenance to all of the City facility areas that have been or will
be converted to a low water use landscape (currently 6 sites around town). Program participants
will learn how to maintain low water use plants, fruit trees and irrigation,systems. They will also
learn other water conservation and sustainable landscape management.principles. These
customers will then have theconfidence to install low water use gardens on their properties
which will result in sustained water savings. The participants will also be invited to participate in
all of the other City sponsored conservation programs.
This agreement will also include a social media outreach program consisting of an interactive
online service for program participants to share their program experiences.
The program will include Landscape Assessment District and City and County facility retrofits.
The retrofits will be hands on installation workshops where unused turf areas will be sheet
mulched and water efficient landscapes installed. Additional seminars and workshops will
include rain water and grey water classroom and hands on instruction, The 7 Wonders of Water
Conservation seminars, local watershed educational tours, and Where Our Water Comes from
and Where it Goes tours where participants get a comprehensive explanation through tours and
classroom instruction of where we get our water, how it gets to their property, the many different
ways they use it and how to use it efficiently, how it is treated, recycled and then goes back into
the water cycle.
FINANCIAL IMPACTS
Staff recommends entering into a Professional Services Agreement(PSA) with Daily Acts. The
City has contracted with Daily Acts since 2007 to assist with the implementation of the water
conservation education program and this proposed agreement is'a continuation of the existing
agreement. The cost of the agreement is $49,960 for fiscal year 2012/2013. Daily Acts will
assist City staff-in program implementation, seminar staffing, marketing, and follow up
surveying and reporting.
Daily Acts invoiced the City for 540 hours ($24,279) and utilized 708 volunteer hours in 2011
and invoiced 592 hours ($26,640) with 1768 volunteer hours in 2010. Should the City have
performed this work in-house for the program, the cost to the City would have been
approximately $91,603 in 2011 and $174,262 in 2010 based on the total hours expended by
Daily Acts. Daily Acts' volunteerism (translating to significant dollar savings) is the overriding
factor in choosing them as the service provider. Staff has interviewed other consultants that
claim expertise in this area and had not found any other comparable organizations in our region
that can offer a similar comprehensive outreach program at a similar value to the City.
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ATTACHMENTS
1. Resolution
2. Professional Services Agreement
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Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES.AGREEMENT WITH DAILY ACTS FOR ONGOING
WATER CONSERVATION EDUCATION PROGRAM
WHEREAS, the Water Demand and Supply Analysis, developed in support of the 2025
General Plan, recommended cost effective water conservation program that met sustained water
offset requirements; and
WHEREAS, the Water Conservation Plan was adopted by the City Council in 2008 and has
been developed to offset supply by 448 MG/Year, with 19 water conservation measures; and
WHEREAS, the City of Petaluma's water conservation program is designed to improve the
water use efficiency of its customers by offering innovative conservation programs that currently
achieve sustained water savings of over 370 acre feetannually; and
WHEREAS, the City of Petaluma hired a Water Conservation Coordinator in 2006 to coordinate
the program pursuant to the California Urban Water Conservation Council (CUWCC) Best
Management Practices, the City's General Plan and the Urban Water Management Plan 2010;
and
WHEREAS, the ongoing water conservation education outreach program will assist residential,
commercial, industrial and institutional customers conserve water and will help the City maintain
compliance with the CUWCC BMP's.and meet the requirements of the Water Conservation
Plan, the General Plan 2025 and the UWMP 2010; and,
WHEREAS, funding for this education program will come from the City of Petaluma's
Department of Water Resources and Conservation budget; and,
WHEREAS, Daily Acts, a local non-profit educational organization has successfully managed
and implemented the City's water conservation education outreach activities since 2007; and,
WHEREAS, City staff recommends execution of the attached Professional Services Agreement
with Daily Acts for the continuation of the ongoing water conservation education outreach
program.
NOW, THEREFORE, BE IT RESOLVED, that
The City Council hereby authorizes the City Manager to execute the Professional
Services Agreement for Ongoing Water Conservation Education Program with Daily
Acts attached as Exhibit A to this resolution and incorporated herein by reference in an
amount not to exceed $49,960 for a one year term beginning July 1, 20]2 and terminating
June 30, 2013, upon provision of certificates of insurance and other required
documentation acceptable to the City Attorney and City Risk Manager.
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Attachment 2
PROFESSIONAL SERVICES.AGREEMENT
Water Conservation Education Program
(Title of Project)
FY 12/13 Fund#6700 Exp.Acct.#67200 Project#54130 Amount$49960
For multi-year contracts or contracts with multiple accounts:
FY Fund# Exp.Acct.# Project# Amount$
FY Fund# Exp.Acct.# Project# Amount$
FY Fund# Exp.Acct.# Project# Amount$
FY Fund# Exp.Acct.# Project# Amount$
FY Fund# Exp.Acct.# Project# Amount$
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THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of , 20 ("Effective Date"), by and between the City of Petaluma, a
municipal corporation and a charter city ("City") and Daily Acts, a local not-for-profit
environmental eduation awareness organization ("Consultant") (collectively, the "Parties").
WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing
professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
1. 'Services. Consultant shall provide the services as described in and in accordance with
the schedule set forth in Exhibit "A" attached hereto and incorporated herein
("Services").
2. Compensation; Business Tax Certificate.
A. For the full performance of the Services as described herein, City shall
compensate Consultant in accordance with the rates specified in Exhibit A.
B. Consultant shall submit detailed monthly invoices reflecting all services
performed during the preceding month, and including a revised schedule for
performance and additional documentation requested by City, as applicable..
C. Consultant shall be compensated for services in addition to those described in
Exhibit A, only if Consultant and City execute a written amendment to this
Agreement describing the additional services to be performed and the
compensation to be paid for such services. In no.case shall the total compensation
under this Agreement exceed $49.960 without prior written authorization of the
City Manager. Further, no compensation for a section or work program
component attached with a specific budget shall be exceeded without prior written
authorization of the City Manager.
D. Notwithstanding any provision herein, Consultant shall not be paid any
compensation until such time as Consultant has on file with the City Finance
Department current information requested on the "Vendor Information" form
available from City, and has obtained a currently valid Petaluma business tax
certificate.
PROFESSIONAL SERVICES AGREEMENT(City) 7
(iManagc#609321)June 2011
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E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement'and.any amendments thereto.
3. Term. The term of this Agreement commences on the Effective Date, and terminates on
June 30, 2013, unless sooner terminated in accordance with:Section 4. Upon termination,
any and all of City's documents or materials provided,to Consultant and any and all of
the documents or materials prepared for City or relating to the performance of the
Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) days after termination of the Agreement.
4. Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension'shall.include, but not be limited to, any
breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Consultant shall be entitled to payment for all Services performed to
the date of termination to'rthe extent such-Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
5. Consultant's Representation; Independent Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City, This Agreement shall not be
construed as an agreement for employment.
6. Facilities and Equipment. Consultant, shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall >furnish to Consultant no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. 'Licenses,'Permits,'Etc. Consultant shall, at Consultants'sole cost and expense, keep in
effect at all times during the term of this Agreement,any licenses, permits or other such
approvals which are legally required for performing the Services.
8. Time. Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed m accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
PROFESSIONAL SERVICES AGREEMENT(City) g
°Manage 11609321)June 2011
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
10. Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
12. Conflict of Interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or`indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have-'any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and City may, at
its sole discretion, immediately terminate this Agreement. Certain Consultants are
subject to the requirements, including the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such
Consultants subject to the City's Conflict of Interest Code include those whose work may
involve: making government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Services.
13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to. the standards of
Consultant's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the full extent applicable, with
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PROFESSIONAL SERVICES AGREEMENT(City) 9
(Manage H&0932 I)June 2011
the terms and conditions'of this Agreement„including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
17. Compliance With All Laws. Consultant shall fully comply with all applicable local,
state and federal rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as in effect in the City, the Americanswith Disabilities Act, and any laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage(the "Living Wage Ordinance"), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (13) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement as Exhibit C, shall be,a part of this Agreement for
all purposes, and Consultants that are subject.to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed-ExhibitC in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof.
19. Discrimination. During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employmenthecause of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
20. Notice. Except as otherwise specified in-this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice,delivered to the other Party in accordance with`this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on reeeiptif deliveryis confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
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PROFESSIONAL SERVICES AGREEMENT(City) l o
(iManage#609321)June 2011
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a):a duplicateicopy of the notice is promptly delivered
by first-class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the+accurate transmission thereof. Any notice given
by facsimile shall be considered to have,been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a nonbusiness day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778-4360
Fax: (707) 778-4554
Email: cityclerk @ci.petaluma.ca.us
And:
Dan St. John, P.E., Director
Public Works & Utilities - Water Conservation
202 N. McDowell Blvd
Petaluma, CA 94954
Phone: 707/778-4591
Fax: 707/776-3635
Email: dstjohn @ci.petaluma.ca.us
Consultant: Trathen Heckman
Daily Acts
P.O. Box 93
Petaluma, CA 94953
Phone: 707/789-9664
Fax:
Email: trathen(a�dailyacts.org
21. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
22. Indemnification: To the maximum extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the'City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers (Indemnitees") from and against any and all liability,
loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, civil penalties and fines, expenses and costs (including, without
limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature, whether actual, alleged or threatened, arising out of or in
connection with the Services:or Consultant's failure to comply with any of the terns of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
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PROFESSIONAL SERVICES AGREEMENT(City) 11
(Manage 46093211 June 2011
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be-excused because of the Consultant s inability to evaluate Liability, or because
the Consultant evaluates,Liability anddetermines+that the Consultant is.not or may not be
liable: The Consultant must respond within 30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement.
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's duty to indemnify under this provision shall not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782:8, as may be amended from time
to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
23. Insurance. Consultant shall comply-with the "Insurance Requirements for Consultants"
in Exhibit B-1, attached hereto and incorporated herein,by reference. [Indicate attached
exhibit, e.g:, "B-1. " "B-2. " "B-3, " or "B-4. 1
24. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
25. Litigation. If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant, upon request from City, agrees to testify therein at a
reasonable and customary fee.
26. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
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PROFESSIONAL SERVICES AGREEMENT(City)
12
(iManage#609321)June 2011
27. Governing Law; Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of Sonoma,State:ofCalifornia.
28. Non-Waiver. The City's failure to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in full force and effect.
29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
30. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The Parties
shall mutually agree upon.the mediator and shall divide the costs of mediation equally.
32. 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 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 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.
7
PROFESSIONAL SERVICES AGREEMENT(City)
13
(Manage#609321)June 2011
33. Headings. The headings used in this Agreementaare for convenience only and are not
intended to affect the ofany provisions herein.
34. Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between'City and Consultant
shall survive the termination or expiration of this Agreement.
35. Entire Agreement. This Agreement; including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement-between the Parties with respect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in-this regard.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA CONSULTANT
By ....rill , ■etk >v.l
City Manager Name
ATTEST: Di('-eCePr Da /v )cIC
Title •
;tic 6.-ju C tSr cvire C
City Clerk Address
ej
APPROVED AS TO FORM: I G akt C et /s
City State Zip
ao 3fS?49
City Attorney Taxpayer I,D.Number
APPROVED:
Petaluma Business Tax Certificate Number
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
file name:
8
PROFESSIONAL SERVICES AGREEMENT(City) 14
(iManage)5609321)June 2011
Exhibit A
Scope Of Services
City of Petaluma
2012-2013 Water Conservation Education Program Proposal
Background
Daily Acts is a local non-profit organization, which educates through positive examples. Through
sustainability tours and workshops, Ripples Journal, community education and events, and model waterwise
demonstration gardens, we directly address the root issue of behavior change that is required to have healthy
lives and communities. Our programs activate citizens, support leaders and strengthen communities through
use of inspiring educational models. We rely on volunteerism to help create change in a budget concious
evironment.
Scope of Services
Daily Acts will be the primary producer of a water conservation education program series geared towards
Petaluma water customers. Services will include: program development, planning, event planning and
presenting, scheduling, staffing, site logistics and preparation, follow up reporting,marketing and promotions
including the design and development of high quality print materials. The design of this education and
outreach program will prioritize meeting the goals of existing water conservation programs, promoting new
programs and engaging citizens and local groups.
• Commercial, Industrial and Instutional (CIl) Water Conservation: Outreach and support to Petaluma
companies to utilize existing city programs for turf conversions to produce substantial water savings
for the city.
• Water Conservation Education Events: Engaging workshopsand presentations geared to educate and
inspire Petaluma city water customers to save water.
• Water Conservation Demonstration Installations: Community workshops teaching residents water
conservation skins-while producing-substantial water savings for the city of Petaluma.
• Model Garden Website Materials: Downloadable PDFs & web resources to compliment the signage at
Cavanagh Center Demonstration Garden to educate visitors about water conserving features and
techniques.
• Mulch Madness and other Conservation Program Support: Educational workdays and community
outreach at existing demonstration sites. Installation of additional demonstration gardens highlighting
waterwise plant selection and sheet mulching.
Media and Outreach Successes
In addition to producing.qualityprogram content, Daily Acts excels at promoting our partners via the media,
presentations and in-house publications. The City of Petaluma is doing important work to green our
communities. To the benefit of the City of Petaluma, Daily Acts effectively promotes such models to inspire
other cities and counties into greater action and to increase countywide awareness of the City of Petaluma's
sustainability efforts.
Inspiration D Education D Application n Transformation
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While media features and opportunities can be difficult,to;predict„Daily Acts generates significant media and
outreach exposure for the innovative work of our partners..In recent years of working with municipal partners
we have achieved at minimum the following:
• Media: 84+ features in local, regional and national Magazines,newspapers, radio interviews,
documentary videos and web blogs and articles with at least 25 highlighting municipal partners.
• Presentations and Outreach: 100+ community presentations to 4,200 people with a significant
proportion of these highlighting the work of Petaluma and other municipal partners.
• Videos: Produced 4 videos:featuringthe City of Petaluma,.including an award-winning Greywater
video seen by over 52,000 viewers.since 2009 and a How To Video of the Cavanagh Center
Transformation, which was a$10,000 in-kind donation of production services.
• Outreach: Including our organizational list with 3,000 local subscribers, we actively do outreach on a
dozen targeted list serves while,promoting these programs through social networking tools such as
Facebook and Twitter.
Media & Outreach opportunities include but are not limited to
• ' Media Note: Several of the.below items involve outreach to the:larger Sonoma County Community.
While-our primary focus is on residents of Petaluma, we value the benefits of educating Sonoma County
citizens about Petaluma's efforts and drawing in involvementfr_om other citizens of the county. From
our experience, this creates.further buzz and a bigger impact by engaging more participants in the
projects and activities. The following tasks below are part of our service.
• 12 Emails to 2,000 Daily Acts subscribers over the course of the next fiscal year.
• 12 Emails to 7,000 subscribers on 12 community list serves over the course of the next fiscal year.
• 10 spotlights.and/or community presentations highlighting Petaluma Programs over the course of the
next fiscal year.
• 10 earned media features over the course of the next fiscal year.
Timeline
The timeline for promotion of and carrying out this program runs from contract start date until the conclusion
of our last event and/or deliverable which is scheduled to be the end of fiscal year 2012/2013.
2012-2013 Water Conservation Education Program Deliverables
Deliverable#1: Water Conservation Workshops, Installations, & Presentations $ 25,225.00
Daily Acts will provide workshops, installations and presentations to help the City achieve compliance with
the Water Conservation.Plan.Measures; Measure 1,1, public information program and Measure 17, residential
landscape training classes; and the California Urban Water Conservation Council (CUWCC) BMP #2: public
information program and school:education program.
Water Conservation Tours,& Presentation topics may include but are not limited to the following:
• Water Conservation`Presentation:Series
• Two public presentations and one school presentation on conservation solutions and Petaluma's
programs including but not limited to smart controllers, greywater, rainwater catchment, plant
selection, and sheet mulching.
• Cavanagh;Center Tours and Educational.Workdays
• One Cavanagh Center educational tour for local students.
Inspiration ❑ Education ❑Application ❑ Transformation
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• Four educational and maintenance workdays teaching youth and community members about the
garden while providing hands on training in waterwise gardening techniques and skills.
• Waterwise Neighborhood Tour
• One presentation and tour providing diverse examples of water conservation practices such as sheet-
mulching, drip irrigation, low flow fixtures, grdywater and rainwater catchment.
Water Conservation Education Tours and Presentations: Each hands-on event ranges from 3-8 hours.
. Each presentation is 2 hours. These tours, workdays, and presentations are designed to educate participants
with the inspiration, skills, resources and relationships to implement and share one or more water conservation
strategies and programs offered by the City of Petaluma. Event recipients receive an action and resource sheet
and local conservation program information. Cavanagh Center workdays will feature an educational
component as well as hands-on activities that will maintain this model water-conserving landscape.
Water Conservation Installation workdays may include but are not to the following:
• Demonstration Turf Conversion to promote waterwise landscape installations.
• A City facility will be converted from turf to low water use landscaping.
• May 2013 - 350 Home & Garden Challenge Workshops and Installations.
• Community organizing, outreach'and education for volunteer-guided sheet mulching and water
efficientgarden installations.as part of a countywide day of community service. This event will
provide presentations and workshops on water conserving landscape practices and facilitate the
planting of dozens of gardens in the City of Petaluma including turf conversion at one or more city
facilities.
• Three-Day Greywater Installation Workshop in collaboration with the City of Cotati.
• Weekend workshop for Petaluma and Cotati residents teaching:citizens how to install cost-effective,
ecological, and compliant laundry-to-landscape greywater systems.
• Hands-on guidance and weekend site visits to Petaluma households resulting in the installation of
approximately 10-20 laundry-to-landscape greywater systems.
Water Conservation Education Installation Workdays: Each hands-on event ranges from 3-8 hours. These
workshops are designed to educate participants with the inspiration, skills; resources and relationships to
implement and share one or more water conservation strategies and the programs offered by the City of
Petaluma.
•
Deliverable#2: Model Garden Website Materials $3,905.00
Educational Web Materials
• Daily Acts will provide content and design support for the extensive,educational materials to be
displayed on City of Petaluma's Water Conservation web pages. A social media element will be added
to the City's existing-website so that program participants can communicate With.eachother and with the
City. These resources are geared towards expanding the effectiveness of existing conservation programs.
We collaborate with local partners to maximize existing resources while developing Petaluma-specific
content.
• Downloadable PDFs on the following:
• Demonstration garden water saving.features & statistics.
• Waterwise and edible plant lists, sample garden designs, local landscaping resources.
• Before and after pictures and resources of local Petaluma lawn transformations.
• Assessments of program.Success stories, testimonials, and conservation statistics.
• Rainwater catchment, earthworks, rain gardens, greywater, and other LID techniques.
Inspiration n Education O.Application 0 Transformation
17
Deliverable#3: Business&Industrial Outreach $ 14,000.00
Business & Industrial Outreach (Water Conservation Plan Measure:5)
• Outreach to at least 18 local CII customers,with existing turf landscaping to explore their concerns and
constraints preventing them from transitioning to low-water landscapes: Incentivize these companies to
covnert to low water use landscapes.
• Conduct one model waterwise demonstration-in May 2013 in conjunction with the 350 Home & Garden
Challenge day of collective action.
• Strive to convert 50,000 ft2 of turf to water efficient landscaping
Deliverable#4: Conservation ProgramOutreach & Education $ 6,830.00
Program Support& Community Engagement
• Outreach to all participants ofthe:City's Mulch Madness and WWHCprogram as a follow-up to their
lawn transformation to engage them in greater levels of water conservation and support them to educate
their neighbors and friends to participate in Mulch Madness and other city programs.
• Conduct education and outreach to program participants to solicit feedback, testimonials, and quotes to
be used to engage further participants.
• Develop and manage landscape maintenance volunteer groups by soliciting program participants and
other interested volunteers to help maintain existing and future;City ofPetaluma waterwise
demonstration gardens including,Cavanagh,Center, Petaluma City Hall, and Petaluma Library. This
volunteer group will provide landscape maintenance to all demonstration gardens created through the
Water Resources and Conservation education program thus reducing the number of hours required by
Parks and Recreation division staff to maintain these sites.
Total Fiscal Year 2012-2013 $49,960.00
Billing Rates:
• Executive Director: $85/hour-Program and project design, oversight and development.
• All other paid positions:$65/hour— Including public relations and outreach, canvassing, Programs
Manager, event logistics, facilitation and other associated tasks-and responsibilities.
• Volunteer Positions: We utilize significant community support to conduct the programs in an
empowering cost-effective manner.
Goals: •
• Provide education to at least 1200 Petaluma water and sewer customers through tours, presentations,
workdays, waterwise landscape installations; 350 Home and Garden Challenge outreach, W WHC's and
educational resources over the course of the next fiscal year(2012-2013). These presentations shall
educate attendees on water conservation solutions andPetaluma's programs including but not limited to
smart controllers, greywater, rainwater:catchment,plantsel'ection; and sheet mulching.
• Implement anew Commercial and Industrial water conservation outreach and assistance program
targeting large commercial and industrial accounts with the intent of maximizing indoor and outdoor
water use efficiency.
• Provide organizing and educational opportunities for participants of the 350 Home and Garden
Challenge which occurs annnually in May.
Inspiration 0 Education ❑Application ❑ Transformation
18
• Achieve ten earned media coverage spots.
• Provide twelve promotional mails to Daily Acts list serve and targeted.community list serves.
• Provide ten spotlights and/or,community presentations which feature Petaluma's programs.
• Provide ongoing maintenance of Petaluma's existing waterwise demonstration garden sites including but
not limited to Petaluma City Hall, Petaluma Library, and Cavanagh Center. Maintenance will include
any new site that is retrofitted under this contract and will-only include the area of the landscape that
was retrofitted under this contract. Maintenance shall include all pruning, weed control, fertilizing and
general landscape maintenance to,any and all shrubs, ground covers and trees (up to fifteen feet).
• Assist City staff in implementation of a new web-based social media platform utilizing the City's
existing water conservation web=page.
•• Create promotional content to be published in annual Daily Acts Catalogue.
•
Inspiration O Education D Application D Transformation
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