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HomeMy WebLinkAboutStaff Report 14967 (2) City of Palo Alto (ID # 14967) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/12/2022 City of Palo Alto Page 1 Summary Title: Approval of Contract S20178749 Amendment No. 3 with LCT SOFTWARE Title: Approval of Contract S20178749 Amendment No. 3 with LCT SOFTWARE, LLC in the Amount of $72,924 for a New Not to Exceed Amount of $247,254 for Electronic Document Review Software related to the City’s Land Use and Permitting System Through December 31, 2023 From: City Manager Lead Department: Planning and Development Services Recommendation Staff recommends that City Council approve and authorize the City Manager or their designee to execute Contract S20178749 Amendment No. 3 With LCT SOFTWARE, LLC in the amount of $72,924 for a new not to exceed amount of $247,254 for electronic document review software related to the city’s land use and permitting system through December 31, 2023. Background This staff report presents Amendment No. 3 to Contract S20178749 with LCT SOFTWARE, LLC (LTC) for a 12-month extension. The software enables electronic document and plan set review and processing of permit and entitlement applications in conjunction with the City’s land use and permitting software (Accela). This amendment is required for the continuity of services as staff complete the RFP process before the summer of 2023. The City will not have to pay the entire $72,924 as LCT will bill the City on a quarterly basis should the City transition to another firm within the calendar year 2023. Discussion The Planning and Development Services Department (PDS) entered into a contract with LTC SOFTWARE, LLC for technology related to enabling electronic document reviews in April 2020, allowing for the electronic processing of plans and permit applications. An City of Palo Alto Page 2 initial request for proposal (RFP) was executed in August 2021; however, the City received a protest against the intent to award in Oct 2021 and made the determination to cancel the RFP. On December 13, 2021, City Council approved Amendment No. 2 with LCT SOFTWARE, LLC, in the amount of $70,800 for the continuity of services through the calendar year 2022. Further information, background, and discussion can be found online.1 On August 22, 2022, the City re-issued a request for proposal for these services. The City received four responses and is in the process of reviewing and evaluating the proposals. Staff anticipates that the RFP process will conclude in Spring 2023. Staff will bring forward the results to the City Council with a new multi-year contract based on the outcome of the RFP process. At this time, for the continuity of city services, staff recommends Amendment No. 3 to extend the contract through December 31, 2023. LCT SOFTWARE, LLC will bill the City on a quarterly basis, and should the City transition to another firm within the calendar year 2023, the City will not pay the entire $72,924. 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 Environmental Quality Act Guidelines. Attachments: Attachment A: LCT SOFTWARE, LLC Contract; S20178749 Amendment No. 3 (PDF) 1 City Council, December 13, 2021, Staff Report: https://www.cityofpaloalto.org/files/assets/public/agendas- minutes-reports/agendas-minutes/city-council-agendas-minutes/2021/12-december/20211213/20211213pccs- amended-linked.pdf#page=155 Vers.: Aug. 5, 2019 Page 1 of 3 AMENDMENT NO. 3 TO CONTRACT NO. S20178749 BETWEEN THE CITY OF PALO ALTO AND LCT SOFTWARE LLC. (DigEplan) This Amendment No. 3 (this “Amendment”) to Contract No. S20178749 (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 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. 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 subscription to software applications and platforms, as detailed therein. B. The Parties now wish to amend the Contract in order to extend the term of the contract by one year to December 31, 2023 and increase the compensation by $72,924.00, from $174,330.00 to $247,254.00. 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. S20178749 between CONSULTANT and CITY, dated April 13, 2020, as amended by: Amendment No.1, dated April 1, 2021 Amendment No.2, dated December 13, 2021 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 “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 DocuSign Envelope ID: 26715BB9-C092-40B5-9273-3FA8A4104269 Vers.: Aug. 5, 2019 Page 2 of 3 Subscriptions. Additional subscriptions may be purchased for $59 per User Subscription per month. The 4th year Subscription Fee shall be $72,924 for a 12-month renewal (January 1, 2023 to December 31, 2023) for the DigEplan V4 Enterprise on 100 User Subscriptions. 2. Subscription Term: extended to December 31, 2023. 3. Contract not to exceed $247,254.00. SECTION 3. 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 4. 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.) DocuSign Envelope ID: 26715BB9-C092-40B5-9273-3FA8A4104269 Vers.: Aug. 5, 2019 Page 3 of 3 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 LCT SOFTWARE, LLC. (aka DigEplan) Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: Attachments: None DocuSign Envelope ID: 26715BB9-C092-40B5-9273-3FA8A4104269 Jason Matthews Chief Channel Officer Chief Financial Officer Jay Mayne