HomeMy WebLinkAboutStaff Report 13789
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City of Palo Alto Page 1
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Staff recommends that City Council approve and authorize the City Manager or their designee
to execute Contract S20178749 Amendment No. 2 With LCT SOFTWARE, LLC in the amount of
$70,800 for a new not to exceed amount of $174,330 for electronic document review software
related to the city’s land use and permitting system through December 31, 2022.
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On April 1, 2020, the Planning and Development Services Department (PDS) entered a one-year
contract with LCT/DigEplan for not to exceed amount of $70,000, for technology related to
Electronic Document Review (EDR) software. This was in response to the State of California and
County of Santa Clara Shelter in Place (SIP) Health Orders. This technology allowed PDS to
resume services to the community while operations transitioned to a remote status. Continuity
of services would not have been possible without the implementation of this service; therefore,
work and revenue would have been completely halted. EDR software in conjunction with the
city’s Land Use and Permitting online citizen access provides architects, developers,
construction contractors and residents the ability to submit, monitor and process their plans
and permits as it relates to their construction projects.
On December 14, 2020, the City Manager approved a Request for Exemption from Competitive
Solicitation for Amendment No. 1. The exemption was requested under Municipal Code
Sections 2.30.210(f) and 2.30.160 Emergency Contracts, which authorize the City Manager
authorized to expend city funds for emergency contracts, without limitation on the contract
cost or amount and without following the contract solicitation and award procedures. This
action increased the amount by $33,350 for a new not to exceed amount to $103,530 and
extended the term to December 31, 2021. A request for proposals (RFP) for the services was
posted on the PlanetBids, the City’s eProcurement platform, on August 18, 2021 and closed on
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September 23, 2021. The City received a protest against the intent to award on October 26,
2021 and made the determination to cancel the RFP.
At this time, for continuity of city services, staff recommends Amendment No 2. to extend the
current contract, which ends on December 31, 2021. Staff will issue a new RFP for these
services with anticipated completion by June 30, 2022 and staff requests the amendment
through December 31, 2022, to ensure adequate time for possible technology transition. EDR
technology is critical for continuity of city services, city revenue and economic recovery through
permit issuance. Additionally, the development stakeholder community is now accustomed to
electronic submittal and review as it increases customer service, reduces paper
costs/consumption, and reduces greenhouse gas emissions through less driving to the
Development Center.
If not approved, the Development Center would cease to provide electronic document review,
this would require all transactions and customers to revert to pre-pandemic procedures and
complete document review at the Development Center on Hamilton Avenue.
ZĞƐŽƵƌĐĞ/ŵƉĂĐƚƐ
Funding for this contract amendment in FY 2022 is within budgeted levels adopted by the City
Council, no additional funding is requested. Technology costs are cost recovered at the
Development Center through a 2% technology fee that is assessed on private construction
projects. Planning fees also capture technology costs for the intended purpose of technology
maintenance and enhancements. Funding for future fiscal years is subject to City Council
approval through the annual budget process.
ŶǀŝƌŽŶŵĞŶƚĂů/ŵƉĂĐƚ
The approval of this contract is exempt from review under the California Environmental Quality
Act (CEQA) under CEQA Guidelines section 15061(c)(3) because it can be seen that there is no
possibility that the activity in question may have a significant effect on the environment.
ƚƚĂĐŚŵĞŶƚƐ͗
• ƚƚĂĐŚŵĞŶƚϭϭ͘Ă͗Attachment A: LCT SOFTWARE, LLC Contract, S20178749
Amendment No. 2
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City of Palo Alto Contract No. S20178749
Form Vers.: Aug. 5, 2019 Amendment No. 2
Page 1 of 2
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This Amendment No. 2 (this “Amendment”) to Contract No. S20178749 (the “Contract” as
defined below) is entered into as of December 13, 2021, by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and LCT Software, LLC. Aka DigEplan, a
California corporation, located at 4500 140th Avenue North, Suite 101, Clearwater, Florida, 33762
(“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this
Amendment.
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A. The Contract (as defined below) was entered by and between the Parties hereto for
the provision of subscription to software applications and platforms, as detailed therein.
B. The Parties now wish to amend the Professional Service Agreement Contract in
order to increase the total compensation by $70,800 from $103,530 to $174,330 and extend the
term of the contract by one year to December 31, 2022.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of
this Amendment, the Parties agree:
SECTION 1. ĞĨŝŶŝƚŝŽŶƐ. The following definitions shall apply to this Amendment:
a. ŽŶƚƌĂĐƚ. The term “Contract” shall mean Contract No. S20178749 between
CONSULTANT and CITY, dated April 13, 2020, as amended by:
Amendment No. 1, dated April 1, 2021
b. KƚŚĞƌdĞƌŵƐ. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section “Subscription Fees and Term” of the Contract is hereby amended to
read as follows:
1. Subscription Fees
Subscription Fees for the 1st year (April 1, 2020 to March 31, 2021) shall amount to
a total of $59,160 for an enterprise license for unlimited users. The 2nd year
Subscription Fees shall be $44,370 for a 9-month renewal (April 1, 2021 to
December 31, 2021) for the DigiEPlan V4 Enterprise at a quantity of 9. The 3rd year
Subscription Fee shall be $70,800 for a 12-month renewal (January 1, 2022 to
December 31, 2022) for the DigEplan V4 Enterprise on 100 User Subscriptions.
Additional subscriptions may be purchased for $59 per User Subscription per
month.
DocuSign Envelope ID: C60DF159-E831-4622-8286-0AF9614CD953 11.a
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City of Palo Alto Contract No. S20178749
Form Vers.: Aug. 5, 2019 Amendment No. 2
Page 2 of 2
2. Subscription Term: extended to December 31, 2022.
3. Contract not to exceed $174,330.
SECTION 3. >ĞŐĂů ĨĨĞĐƚ͘ Except as modified by this Amendment, all other provisions of the
Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 4. /ŶĐŽƌƉŽƌĂƚŝŽŶŽĨZĞĐŝƚĂůƐ. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
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IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed
this Amendment effective as of the date first above written.
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City Manager
Approved as to Form
City Attorney or Designee
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By:
Name:
Title:
By:
Name:
Title:
DocuSign Envelope ID: C60DF159-E831-4622-8286-0AF9614CD953
Christy Hunt
President - North American Markets
Chief Executive Officer
Jason Matthews
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