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Home My WebLink AboutStaff Report 14950 (2) City of Palo Alto (ID # 14950) City Council Staff Report Meeting Date: 12/19/2022 Report Type: Consent Calendar City of Palo Alto Page 1 Title: Approval of Professional Services Contract Amendment Number 2 with Buildingeye (S19174467) to add $123,410 for a Not-to-Exceed Amount of $353,410 and Extend the Contract for Two Years to Provide Visualization of Data for Building Permits, Planning Entitlements and Code Enforcement Activities From: City Manager Lead Department: Planning and Development Services Recommendation Staff recommends that the City Council: 1. Authorize the City Manager to approve Amendment No. 2 to Contract S19174467 with Buildingeye, Inc. to add $123,410, which includes a 15% contingency for additional services in the amount of $16,097, for an amount not-to-exceed $353,410 and extend the contract through December 31, 2024. Background The City has utilized Buildingeye, Inc. services for many years to provide visualization of data for projects going through building, planning and code enforcement data. Readers can access this service at the following website: https://paloalto.buildingeye.com/planning. The existing platform, Buildingeye, communicates information through a mapping interface accessible to the public through any device (laptop, smartphone, etc.). It allows users to register for an email notification alert on new planning, building or code enforcement records created based on a neighborhood or a given radius around a chosen property. The map can be filtered in several ways including, but not limited to, filtering for a specific address, different application types, application submittal or case opened dates, and application or case status. The mapping interface is provided in three modules aligned with department functions such as planning entitlements, building permits and code enforcement cases and allows the user to view information and search for applications or cases in one map. On December 16, 2019, City Council approved Amendment No. 1 to Contract S19174467 to add $179,250 and increase the not-to-exceed amount to $229,250 and extended the contract for 10 Packet Pg. 121 City of Palo Alto Page 2 three years. The staff report, further background, and additional details can be found online.1 Discussion Since 2014, BuildingEye has been a valued service by development stakeholders. The site sees an estimated number of 550 unique visitors per month. The mapping modules provide access to three areas of department functions: planning, building and code enforcement. The planning and building modules provide a user the ability to track a project from the planning entitlement process through the building permit and construction process all in one platform, and the code enforcement module allows visibility into ongoing or resolved code enforcement cases. The platform provides a public user access to up to five years of rolling data and information, and many of the City’s webpages and forms refer to the service for the public to learn more information on projects and permit. In 2018, the City entered into an agreement with Buildingeye, Inc. with the intent of combining the three modules into one contract to simplify the subscription renewal process and begin the process of creating an internal platform. In 2019, staff requested an amendment which enabled the City to continue its Buildingeye subscription until December 2022, providing the public uninterrupted service and including the ability to provide necessary enhancements or customization to the existing modules while the City pursues its Geographic Information System modernization project. However, the COVID-19 pandemic, a higher demand to support Online Permitting Services, data requests and projects, and a shortage in staffing resources diverted efforts from developing an internally managed platform, thus this extension and exemption from competitive solicitation is recommended. A second contract amendment is necessary to continue providing service to the community while the department concurrently engages with the Information Technology Department on alignment of visual data applications under the modernized GIS. Under Palo Alto Municipal Code (PAMC) 2.30.360(b)(2), the City Manager has approved an exemption from competitive solicitation due to the impracticality to solicit for these services. Amendment No.2 will allow for a two-year extension and increase the NTE by $107,310 with a 15% contingency, for a total of $123,410. The contingency will support any unexpected data or system enhancements deemed necessary to continue this service. An extension of this contract will provide data transparency to the public, and staff anticipates this service to transition to an internal platform before the end of 2023 barring any delays on the City’s full migration and transition to GIS. Resource Impact Funding for this service is available in the FY 2023 Adopted Operating Budget. Costs are offset by revenue from planning and permit fees. Environmental Review This project is exempt from environmental review under Section 15061 of the California 1 City Council 12/16/2019, CMR ID #10774; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2019/id-10774.pdf?t=53242.2 10 Packet Pg. 122 City of Palo Alto Page 3 Environmental Quality Act Guidelines. Attachments: x Attachment10.a: Attachment A: Buildingeye Contract; S19174467 Amendment No. 2 10 Packet Pg. 123 Vers.: Aug. 5, 2019 Page 1 of 7 AMENDMENT NO. 2 TO CONTRACT NO. S19174467 BETWEEN THE CITY OF PALO ALTO AND BUILDINGEYE, INC. This Amendment No. 2 (this “Amendment”) to Contract No. S19174467 (the “Contract” as defined below) is entered into as of December 12, 2022, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BUILDINGEYE, INC., a Delaware corporation, located at 100 Pine Street, #1250, San Francisco, CA, 94111 (“CONTRACTOR”). CITY and CONTRACTOR are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of visualization of data for projects going through or in the building, planning and code enforcement processes at the CITY and to communicate this information to citizens through a mapping interface,, as detailed therein. B. The Parties now wish to amend the Contract in order to extend the term by two years to December 31, 2024 and increase compensation by $123,410.00, from $230,000.00 to $353,410.00. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. S19174467 between CONSULTANT and CITY, dated January 15, 2019, as amended by: Amendment No.1, dated December 16, 2019 b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 3. TERM of the Contract is hereby amended to read as follows: “3. TERM The term of this Agreement is from January 15, 2019 to December 31, 2024 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions.” 10.a Packet Pg. 124 Vers.: Aug. 5, 2019 Page 2 of 7 SECTION 3. Section 5. COMPENSATION FOR ORIGINAL TERM of the Contract is hereby amended to read as follows: “5. COMPENSATION FOR ORIGINAL TERM CITY shall pay and CONTRACTOR agrees to accept as not- to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to Exceed a total maximum compensation amount of Three Hundred Fifty Three Thousand, Four Hundred Ten Dollars ($353,410.00). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY.” SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”, AMENDED, REPLACES PREVIOUS. b. Exhibit “C” entitled “COMPENSATION”, AMENDED, REPLACES PREVIOUS. SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) 10.a Packet Pg. 125 Vers.: Aug. 5, 2019 Page 3 of 7 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee BUILDINGEYE, INC. Officer 1 By: Name: Title: Attachments: Exhibit “B” SCHEDULE OF PERFORMANCE, AMENDED, REPLACES PREVIOUS Exhibit “C” COMPENSATION, AMENDED, REPLACES PREVIOUS 10.a Packet Pg. 126 Vers.: Aug. 5, 2019 Page 4 of 7 EXHIBIT “B” SCHEDULE OF PERFORMANCE (AMENDED, REPLACES PREVIOUS) CONSULTANT shall perform the Services to complete each task as specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of CONSULTANT and CITY so long as all work is completed within the term of the Agreement. Task Complete Days or Weeks from NTP 1. Integration for continuity of service Daily 2. Front-end design & Mapping Interface Daily 3. Filter tools Daily 4. Scorecard Daily 5. Email account / alerts Daily 6. Data supply Daily 7. Hosting Daily 8. Access to Source Data Daily 10.a Packet Pg. 127 Vers.: Aug. 5, 2019 Page 5 of 7 EXHIBIT “C” COMPENSATION (AMENDED, REPLACES PREVIOUS) CONSULTANT shall perform the tasks and categories of work as outlined in Exhibit A as budgeted below. CONSULTANT will provide all hosted services and professional services identified in Exhibit A. CITY agrees to pay and Consultant agrees to accept as total compensation the following: Consultant shall invoice the CITY for all fees covering the timeline and schedule below. Agency shall pay the amounts due under each invoice without deducting any taxes that may be applicable to such payments. City is responsible for paying any and all withholding, sales, valued added or other taxes, duties or charges applicable, other than taxes based on Consultant’s income and taxable property. On the anniversary of the term, unless otherwise agreed an increase of 5% is applied to each renewal. Module Term No. of Months Amount Building September 2018 to December 2019 16 $20,000.00 Planning November 2018 to December 2019 14 $17,500.00 Code Enforcement March 2019 to December 2019 10 $12,500.00 TOTAL: $50,000.00 Annual Subscription Fees Description Fee buildingeye Module - Each $15,000.00 / annual $1,250 / month EXTRA WORK Extra work as directed and approved in advance by the CITY will be billed at CONSULTANT’s standard rate for service, which is listed as follows: Description Hourly Rate Bespoke Development Services $199.00 ADDITIONAL SERVICES Messaging capacity is limited to 50,000 messages. After the 50,000 limit is reached, the messaging frequency will be limited or an additional pre-approved charge for the additional capacity is as follows: Description Cost Each additional 10,000 messages $19.00 TERMS In general, payment terms are NET 30 Days from date of signing/order/invoice, whichever is earlier. 10.a Packet Pg. 128 Vers.: Aug. 5, 2019 Page 6 of 7 AMENDMENT ONE CONSULTANT shall perform the tasks and categories of work as outlined in Exhibit A as budgeted below. CONSULTANT will provide all hosted services and professional services identified in Exhibit A. CITY agrees to pay and Consultant agrees to accept as total compensation the following: Consultant shall invoice the CITY for all fees covering the timeline and schedule below. Agency shall pay the amounts due under each invoice without deducting any taxes that may be applicable to such payments. City is responsible for paying any and all withholding, sales, valued added or other taxes, duties or charges applicable, other than taxes based on Consultant’s income and taxable property. On the anniversary of the term, unless otherwise agreed an increase of 5% is applied to each renewal. Module Term No. of Months Amount Building January 2020 to December 2022 36 $49,750 (3 yrs Annual Subscription) Planning January 2020 to December 2022 36 $49,750 (3 yrs Annual Subscription) Code Enforcement January2020 to December 2022 36 $49,750 (3 yrs Annual Subscription) TOTAL: $149,250.00 ADDITIONAL SERVICES Messaging capacity is limited to 50,000 messages. After the 50,000 limit is reached, the messaging frequency will be limited or an additional pre-approved charge for the additional capacity is as follows: Description Cost Each additional 10,000 messages $20.00 Not to exceed Total: $30,750.00 Breakdown by year Module 2020 2021 2022 Total Jan 2020 – Dec 2022 Building $15,750 $16,500 $17,500 $49,750 Planning $15,750 $16,500 $17,500 $49,750 10.a Packet Pg. 129 Vers.: Aug. 5, 2019 Page 7 of 7 Code Enforcement $15,750 $16,500 $17,500 $49,750 Additional Services $10,250 $10,250 $10,250 $30,750 TOTAL: $57,500 $59,750 $62,750 $180,000 AMENDMENT TWO CONSULTANT shall perform the tasks and categories of work as outlined in Exhibit A as budgeted below. CONSULTANT will provide all hosted services and professional services identified in Exhibit A. CITY agrees to pay and Consultant agrees to accept as total compensation the following: Consultant shall invoice the CITY for all fees covering the timeline and schedule below. Agency shall pay the amounts due under each invoice without deducting any taxes that may be applicable to such payments. City is responsible for paying any and all withholding, sales, valued added or other taxes, duties or charges applicable, other than taxes based on Consultant’s income and taxable property. On the anniversary of the term, unless otherwise agreed an increase of 5% is applied to each renewal. Module Term No. of Months Amount Building January 2023 to December 2024 24 $35,770 (2 yrs Annual Subscription) Planning January 2023 to December 2024 24 $35,770 (2 yrs Annual Subscription) Code Enforcement January 2023 to December 2024 24 $35,770 (2 yrs Annual Subscription) TOTAL: $107,310 Annual Subscription Fees Description Fee AgencyCounter Module - Each $17,885.00 / annual $1,490 / month EXTRA WORK Extra work as directed and approved in advance by the CITY will be billed at CONSULTANT’s standard rate for service, which is listed as follows: Description Hourly Rate Project Management, Development, Service and Oversight – Blended Cost $249.00 10.a Packet Pg. 130