HomeMy WebLinkAboutResolution 2012-034 N.C.S. 03/19/2012 Resolution No. 2012-034 N.C.S.
of the City of Petaluma, California
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 feet annually; 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 BM P'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.Citys water conservation education outreach activities since
2007; and,
Resolution No. 2012-034 N.C.S. Page I
•
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
1. 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
E 2012 and terminating June 30, 2013, upon provision of certificates of insurance
and other required documentation acceptable to the City Attorney and City Risk
Manager.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 19'"day of March. form:
2012.by the following vote:
Assistant Ty Attorney
AYES: Albertson, Barrett. Mayor Glass. Harris. Healy. Kearney
NOES: None
ABSENT: None
.ABSTAIN: Vice OMa/y/orr Renee
ATTEST: �-- LOG u"ki
e^ I /
City Clerk Mx)or
Resolution No. 2012-034 N.C.S. Page 2
EXHIBIT A TO RESOLUTION 2012-034 N.C.S.
PROFESSIONAL SERVICES AGREEMENT
Water Conservation Education Program
(Title of Project)
FY 12/13 Fund#6700 Exp.Acct.#67200 Project#54130. Amount$49,960
For multi-year contracts or contracts with multiple accounts:
FY Fund# Exp.Acct# Project# Amount$
FY Fund# Exp.Acct.N Project# Amount$
FY Fund# Exp.Acct N Project N Amount $
FY Fund# Exp.Acct.# Project N Amount $
FY Fund N Exp.Acct. d Project# Amount $
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
("Sery ices").
2. Compensation; Business 'Fax 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.
Resolution No.2012-034 N.C.S. Page 3
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 the 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 Consultant's 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 in accordance with the requirements and intentions
of this Agreement. All work done and materials furnished, if any, shall be subject to
Resolution No. 2012-034 N.C.S. Page 4
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, 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
Resolution No.2012-034 N.C.S. Page 5
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 Americans with 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.
IS. 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 (15) 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 Exhibit C 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 employment because 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 receipt if delivery is 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
Resolution No. 2012-034 N.C.S. Page 6
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy 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: dstiohn(a@ci.petaluma.ca.us
Consultant: Trathen Heckman
Daily Acts
P.O. Box 93
Petaluma, CA 94953
Phone: 707/789-9664
Fax:
Email: trathenra)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 terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
Resolution No.2012-034 N.C.S. Page 7
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 and determines 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-I, attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g., "8-1, " "13-2, " "B-3, " or "13-4. 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 comprornise 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.
Resolution No.2012-034 N.C.S. Page 8
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 of California.
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 a 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 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.
Resolution No.2012-034 N.C.S. Page 9
33. Headings. The headings used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any 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 WI-IEREOF, the panies hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA CONSULTANT
By I OY a' s. �L k^fi
City Manager C'Name£
ATTEST: v-2cuTU-t' 01rte6Tor, De41� ,At1
Title
DtiC k0.4(E---7 S
City Clerk Address Ci
APPROVED AS TO FORM: /by C est
City State Zip
3FS( $9
City Attorney Taxpayer I.D.Number
APPROVED:
Petaluma Business Tax Certificate Number
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
tic name:
Resolution No.2012-034 N.C.S. Page 10
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 tip 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 (CID) 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 workshops and presentations geared to educate and
inspire Petaluma city water customers to save water.
• Water Conservation Demonstration Installations: Community workshops teaching residents water
conservation skills 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 quality program 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.
Resolution No.2012-034 N.C.S. Page I I
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 featuring the,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 involvement from 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 Entails 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 S 25,225.00
Daily Acts will provide workshops, installations and presentations to help the City achieve compliance with
the Water Conservation Plan Measures; Measure 11, 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.
Resolution No.2012-034 N.C.S. Page 12
• 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, greywater 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 a$ well as hands-on activities that will maintain this model water-conserving landscape.
Water Conservation Installation workdays may include but are not limited 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
efficient garden 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 Petalma-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.
Resolution No.2012-034 N.C.S. Page 13
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 Program Outreach & Education S 6,830.00
• Program Support & Community Engagement
• Outreach to all participants of the City's Mulch Madness and W W HC program 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 of Petaluma 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, WWHC's and
educational resources over the.course of the next fiscal year(2012-2013,). These presentations shall
educate attendees on water conservation solutions and Petaluma's programs including but not limited to
smart controllers, greywater, rainwater catchment, plant selection, and sheet mulching.
• Implement a new 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.
3
Resolution No. 2012-034 N.C.S. Page 14
• Achieve ten earned media coverage spots.
• Provide twelve promotional emails 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 1-fall, 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.
Resolution No.2012-034 N.C.S. Page 15
INSURANCE REQUIREMENTS
Consultant's performance of the Services under this Agreement shall not commence until
Consultant shall have obtained all insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency • All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
I. Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code I (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: 5,1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the general aggregate limit shall
apply separately to this Agreement or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily hrjury by Accident - $1,000,000 each accident.
Bodily Injury by Disease - $1,000,000 policy limit.
Bodily Injury by Disease - $1,000,000 each employee.
4. Such other insurance coverages and limits as may be required by the City.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, 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.
Resolution No.2012-034 N.C.S. Page 16
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be
covered as Additional 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, agents or volunteers.
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, agents
and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, agents 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 coverage provided to the City, its officers,
officials, employees, agents 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, canceled 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.
6. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the Services to do likewise.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
F. 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. All endorsements are to be received and approved by the
City before the Services commence.
Resolution No. 2012-034 N.C.S. Page 17