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Home My WebLink AboutStaff Report 2410-3551CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, December 09, 2024 Council Chambers & Hybrid 5:30 PM Agenda Item 10.Approval of Contract Amendment Number 3 to Contract Number S19174467 with BuildingEye, Inc. in the Amount of $59,020 through December 31, 2025 to Provide Data Visualization for Building Permits, Planning Entitlements, and Code Enforcement Activities; This Amendment Results in a Revised Total Contract Not-to-Exceed Amount of $412,430. CEQA Status: Not a Project. City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Planning and Development Services Meeting Date: December 9, 2024 Report #:2410-3551 TITLE Approval of Contract Amendment Number 3 to Contract Number S19174467 with BuildingEye, Inc. in the Amount of $59,020 through December 31, 2025 to Provide Data Visualization for Building Permits, Planning Entitlements, and Code Enforcement Activities; This Amendment Results in a Revised Total Contract Not-to-Exceed Amount of $412,430. CEQA Status: Not a Project. RECOMMENDATION Staff recommends that the City Council approve and authorize the City Manager or designee to execute Amendment No. 3 to Contract S19174467 with BuildingEye, Inc. (Attachment A) for additional data visualization for building permits, planning entitlements, and code enforcement activities in an amount not to exceed $59,020. This amendment results in a revised total contract not-to-exceed amount of $412,430 and extends the term by two years. BACKGROUND The City utilizes BuildingEye, Inc.'s to provide visualization of data for projects going through building, planning, and code enforcement processes. This service communicates project information to citizens through a mapping interface accessible to the public via any device1. The existing platform allows the public to search for development activity and register for email notification alerts on new planning, building, or code enforcement records based on neighborhood or a given radius around a chosen property. The map can be filtered by various criteria such as specific addresses, application types, dates, and statuses. In January 2019, the City approved a general services contract (S19174467) with BuildingEye, Inc. for an initial amount of up to $50,000, as a pilot project to improve public access to development-related data. Amendment No. 12 (approved December 16, 2019) increased the not-to-exceed amount by $179,250 and extended the term by three years, reflecting the 1 City of Palo Alto BuildingEye online platform: https://paloalto.buildingeye.com/planning 2 City Council, December 16, 2019; Agenda Item #6; SR #10774, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2019/id-10774.pdf?t=53242.2 success of the pilot and an evaluation of service options. At the time, alternative solutions were assessed, but BuildingEye’s unique mapping and public notification features provided the best value to the City and its stakeholders. Amendment No. 23 (approved December 19, 2022) increased the not-to-exceed amount by $123,410 and extended the contract through December 31, 2024. This adjustment accounted for inflationary service costs and ensured continuity during the COVID-19 pandemic and its aftermath, which significantly disrupted staff capacity and the pace of City operations. These circumstances delayed the initiation of the City’s long-term solution—a new internal data visualization platform. ANALYSIS Since 2014, BuildingEye has been a valuable resource for development stakeholders, with an estimated 700 unique visitors per month and 3,400 registered users signed up for email alerts. The platform's modules provide access to planning, building, and code enforcement functions, allowing users to track projects from planning entitlements through building permits and construction, as well as view code enforcement cases. The City is actively transitioning from BuildingEye to a new, internally developed platform designed to meet the unique and evolving needs of Palo Alto’s development services. This internal platform will provide enhanced data integration, improved reporting capabilities, and greater flexibility to adapt to City-specific workflows and priorities. Significant progress has been made, including completion of core technical designs and initial system development. However, unforeseen challenges—such as resource constraints during the COVID-19 pandemic and the technical complexity of integrating multiple datasets—have delayed the platform’s launch. Additional time is required to finalize development and ensure a seamless implementation. Until the new system is operational, BuildingEye’s services remain critical to maintaining current levels of accessibility for the public and stakeholders. The proposed amendment ensures uninterrupted service, avoiding disruptions to residents, businesses, and City staff while the transition work continues. Given the department’s workload and complexity of transitioning to a new internal tool, it is prudent to continue utilizing BuildingEye’s services for continuity of services to the customer. Engaging a new vendor through a competitive solicitation process at this stage is impractical as this service will sunset upon completion of the transition to a new. Under Palo Alto Municipal Code (PAMC) 2.30.360(b)(2), the City Manager or their designee has approved an exemption from competitive solicitation due to the impracticality to solicit for these services. 3 City Council, December 19, 2022; Agenda Item #10; SR #14950, https://www.cityofpaloalto.org/files/assets/public/v/11/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20221219/20221219pccsm-amendedtime.pdf FISCAL/RESOURCE IMPACT Funding for this service is available in the FY 2025 Adopted Operating Budget. Costs are offset by revenue from planning and permit fees. STAKEHOLDER ENGAGEMENT Currently, the three modules of BuildingEye generate an average of over 700 unique visitors and 9,300 searches per month, and the general feedback for the convenience and ease of use have been overwhelmingly positive. ENVIRONMENTAL REVIEW This contract amendment is not a project pursuant to CEQA Guidelines Section 15378. ATTACHMENTS Attachment A: BuildingEye Contract, S191774467, Amendment #3 APPROVED BY: Jonathan Lait, Planning and Development Services Director DocuSign Envelope ID: 973170BD-0229-4D6B-8F90-2FF8E7985083 DocuSign Envelope ID: 83905654-A061-4AE4-9528-D98CDBCB25DE Vers.: Aug. 5, 2019 Page 1 of 7 AMENDMENT NO. 3 TO CONTRACT NO. S19174467 BETWEEN THE CITY OF PALO ALTO AND BUILDINGEYE, INC. This Amendment No. 3 (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, 2025 and increase compensation by $59,020, from $353,410.00 to $412,430 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 Amendment No. 2, dated December 12, 2022 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, 2025 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions.” Docusign Envelope ID: B096085F-66C2-4B41-835D-277FB9C0CC2A DocuSign Envelope ID: 973170BD-0229-4D6B-8F90-2FF8E7985083 DocuSign Envelope ID: 83905654-A061-4AE4-9528-D98CDBCB25DE 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 Four Hundred Twelve Thousand Four Hundred Thirty Dollars ($412,430). 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.) Docusign Envelope ID: B096085F-66C2-4B41-835D-277FB9C0CC2A DocuSign Envelope ID: 973170BD-0229-4D6B-8F90-2FF8E7985083 DocuSign Envelope ID: 83905654-A061-4AE4-9528-D98CDBCB25DE 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: Ronan Barrett Title: President & CEO Attachments: Exhibit “B” SCHEDULE OF PERFORMANCE, AMENDED, REPLACES PREVIOUS Exhibit “C” COMPENSATION, AMENDED, REPLACES PREVIOUS Docusign Envelope ID: B096085F-66C2-4B41-835D-277FB9C0CC2A DocuSign Envelope ID: 973170BD-0229-4D6B-8F90-2FF8E7985083 DocuSign Envelope ID: 83905654-A061-4AE4-9528-D98CDBCB25DE 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 Docusign Envelope ID: B096085F-66C2-4B41-835D-277FB9C0CC2A DocuSign Envelope ID: 973170BD-0229-4D6B-8F90-2FF8E7985083 DocuSign Envelope ID: 83905654-A061-4AE4-9528-D98CDBCB25DE 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. Docusign Envelope ID: B096085F-66C2-4B41-835D-277FB9C0CC2A DocuSign Envelope ID: 973170BD-0229-4D6B-8F90-2FF8E7985083 DocuSign Envelope ID: 83905654-A061-4AE4-9528-D98CDBCB25DE 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 Docusign Envelope ID: B096085F-66C2-4B41-835D-277FB9C0CC2A DocuSign Envelope ID: 973170BD-0229-4D6B-8F90-2FF8E7985083 DocuSign Envelope ID: 83905654-A061-4AE4-9528-D98CDBCB25DE 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 Docusign Envelope ID: B096085F-66C2-4B41-835D-277FB9C0CC2A DocuSign Envelope ID: 973170BD-0229-4D6B-8F90-2FF8E7985083 DocuSign Envelope ID: 83905654-A061-4AE4-9528-D98CDBCB25DE Vers.: Aug. 5, 2019 Page 8 of 7 AMENDMENT THREE 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 2025 to December 2025 12 $17,885 (1 yr Annual Subscription) Planning January 2025 to December 2025 12 $17,885 (1 yr Annual Subscription) Code Enforcement January 2025 to December 2025 12 $17,885 (1 yr Annual Subscription) SUBTOTAL: $53,655 10% Contingency $5,365 TOTAL $59,020 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 Docusign Envelope ID: B096085F-66C2-4B41-835D-277FB9C0CC2A