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HomeMy WebLinkAboutStaff Report 2602-5926CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, May 11, 2026 Council Chambers & Hybrid 4:30 PM     Agenda Item     6.Approval of Contract Amendment No. 4 to Contract C19174648A with VERTEXONE SOFTWARE, LLC for the WaterSmart Utilities Customer Portal, to Extend the Term for Three Additional Years ending August 12, 2029 and Increase Compensation by $140,000, for a Revised Total Not to Exceed of $677,763; CEQA Status – Exempt under CEQA Guidelines Section 15308. City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Utilities Meeting Date: May 11, 2026 Report #:2602-5926 TITLE Approval of Contract Amendment No. 4 to Contract C19174648A with VERTEXONE SOFTWARE, LLC for the WaterSmart Utilities Customer Portal, to Extend the Term for Three Additional Years ending August 12, 2029 and Increase Compensation by $140,000, for a Revised Total Not to Exceed of $677,763; CEQA Status – Exempt under CEQA Guidelines Section 15308. RECOMMENDATION Staff recommends that the City Council approve and authorize the City Manager, or their designee, to execute Amendment Number 4 to Contract C19174648A with VERTEXONE SOFTWARE, LLC (Attachment A) for the existing WaterSmart Utilities customer portal to: (1) extend the contract term by three (3) years, through August 12, 2029; and (2) increase the contract not-to-exceed (NTE) amount by $140,000 for a revised total contract not-to-exceed amount of $677,763 over the 10-year term. EXECUTIVE SUMMARY The current contract with the Utilities water customer portal vendor, VERTEXONE SOFTWARE, LLC (VertexOne), is set to expire on August 12, 2026. Staff is seeking Council approval to extend the City’s contract for the WaterSmart portal by three (3) additional years to allow customers to continue to access WaterSmart and to support planned improvements necessary for evolving state reporting requirements. The WaterSmart customer portal provides customers with a convenient and secure way to access water consumption information and provides personalized water conservation recommendations, including monthly home water reports, leak alerts, and high-usage notifications supported by Advanced Metering Infrastructure (AMI) data, helping customers make informed decisions about water use in support of the City’s conservation goals. Extending the VertexOne contract also aligns with the Smart Energy Water (SEW) extension for MyCPAU (Staff Report #2601- 58491https://cityofpaloalto.primegov.com/viewer/preview?id=0&type=8&uid=57638433-bec8- 4ca2-b8cc-6864be2c1d46), allowing both customer-facing portals that are connected through Single Sign-On (SSO) to conclude at similar times, reducing administrative complexity and supporting coordinated planning for future procurements and upgrades. 2). BACKGROUND ANALYSIS 1 Staff Report 2601-5849, March 23, 2026: 2 Staff Report 2304-1380, June 19, 2023: https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=82408&dbid=0&repo=PaloAlto&searchid=a8c392d4 -c7d5-4363-b6b2-43d3204d9e98&cr=1 Integration and Operational Considerations: The WaterSmart portal is integrated with the City’s critical business systems and workflows, including MyCPAU via Single Sign-On (SSO), and the City’s billing system. These integrations provide customers with a seamless experience and reduce operational risk associated with platform changes. Summary Of Proposed Contract Terms Staff recommends extending the current VertexOne contract by three years, increasing the contract not-to-exceed amount by $140,000, and updating Exhibit C Compensation. This amendment results in a revised total contract not-to-exceed amount of $677,763. Since $169,301 remains under the current contract, only $140,000 is needed for the extension period. 5. Table 1: Amendment No. 4 Exhibit C Compensation Annual Costs NTEs Module/Functionality Year 8 Year 9 Year 10 VertexOne Digital Base $24,750 $25,492 $26,257 VXsmart $23,100 $23,793 $24,507 Home Water Reports Base $1,200 $1,236 $1,273 Home Water Reports Variable $274 $282 $291 SSO for End Customer Base $1,800 $1,854 $1,910 SSO for End Customer Variable $1,040 $1,071 $1,103 Transactional Fees - Estimated cost of all transactional fees, plus contingency $22,000 $23,000 $24,072 Year 8 Sub Total $74,164 Year 9 Sub Total $76,728 Year 10 Sub Total $79,412 Total Cost - Year 8 – Year 10 NTE $230,304 5 Staff Report 2407-3199, February 10, 2025: https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=83238&dbid=0&repo=PaloAlto&searchid=de1bfff4- 9eb3-4679-b40e-8c28315f4e96 FISCAL/RESOURCE IMPACT Approval of this amendment would increase the contract’s NTE by $140,000 to support the three-year extension. Through the City’s cost-sharing agreement with Valley Water, Contract S23185976, Valley Water will reimburse the City up to $200,000 per year for AMI-related programs and home water reports. This reimbursement will fully fund the WaterSmart portal through the cost-sharing agreement. Funding for the first year of the extended term is available in the proposed FY 2027 Utilities Department Water Fund budget. Funding for subsequent years is contingent upon Council appropriation and approval of funds through the annual budget process. STAKEHOLDER ENGAGEMENT Palo Alto markets the WaterSmart program through the City’s websites, at community events, via bill inserts, other social media, and newsletters. ENVIRONMENTAL REVIEW Council’s approval of the attached agreement described in this staff report does not meet the definition of a project under the California Environmental Quality Act (CEQA), pursuant to the California Public Resources Code Section 21065, because it is not an activity that will cause a direct physical change in the environment. In the alternative, Council’s approval of this agreement is exempt from review under CEQA Guidelines Section 15308, as an action taken for the protection of the environment. ATTACHMENTS Attachment A: Contract C19174648A Amendment Number 4 with VERTEXONE SOFTWARE, LLC. APPROVED BY: Alan Kurotori, Director of Utilities Staff: Linda Grand, Sustainability Programs Administrator Vers.: Aug. 5, 2019 Page 1 of 10 AMENDMENT NO. 4 TO CONTRACT NO. C19174648A BETWEEN THE CITY OF PALO ALTO AND VERTEXONE SOFTWARE, LLC (FKA WATERSMART SOFTWARE, INC.) This Amendment No. 4 (this “Amendment”) to Contract No. C19174648A (the “Contract” as defined below) is entered into as of March 11, 2026, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and VERTEXONE SOFTWARE, LLC, a Delaware limited liability company, located at 1321 Upland Drive, Suite 8389, Houston, TX 77043 (“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 providing hosted software services, program administration, and support, for an online water efficiency platform, as detailed therein. B. The Parties entered into Amendment No. 1 on March 1, 2022, to update the effective launch date, revise Task 1.2 of the Scope of Services, and clarify compensation. C. The Parties entered into Amendment No. 2 on August 12, 2024, to extend the contract term by six months, from August 12, 2024, to February 12, 2025. D. The Parties entered into Amendment 3 on February 10, 2025, to extend the term by one year and six months, from February 12, 2025, to August 12, 2026, update the Scope of Services, and amend compensation terms without increasing the total Not-to-Exceed Compensation. E. The Parties now wish to amend the Contract in order to increase compensation by One Hundred Forty Thousand Dollars ($140,000) from Five Hundred Thirty-Seven Thousand Seven Hundred Sixty-Three dollars ($537,763) to a new total not to exceed Six Hundred Seventy- Seven Thousand Seven Hundred Sixty-Three Dollars ($677,763), and to extend the term until August 12, 2029, as detailed herein. 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. C19174648A between CONSULTANT and CITY, dated August 12, 2019, as amended by: Amendment No. 1, dated March 1, 2022 Vers.: Aug. 5, 2019 Page 2 of 10 Amendment No. 2, dated August 12, 2024 Amendment No. 3, dated February 10, 2025 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 2. “TERM" of the Contract is hereby amended to read as follows: “SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through, August 12, 2029, unless terminated earlier pursuant to Section 19 of this Agreement.” SECTION 3. Section 4. “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: “SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Six Hundred Seventy- Seven Thousand Seven Hundred Sixty-Three Dollars ($677,763). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the 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 “C” entitled “COMPENSATION, AMENDMENT NO. 4”, 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.) Vers.: Aug. 5, 2019 Page 3 of 10 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 VERTEXONE SOFTWARE, LLC By:_______________________________ Name:___ _________ Title:_____________________________ By:________________________________ Name:____ ________ Title:______________________________ Attachments: EXHIBIT “C” entitled “COMPENSATION, AMENDMENT NO. 4” (AMENDED, REPLACES PREVIOUS) Vers.: Aug. 5, 2019 Page 4 of 10 EXHIBIT “C” COMPENSATION, AMENDMENT NO. 4 (AMENDED, REPLACES PREVIOUS) The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the task-based rate schedule shown below in Table C-1 up to the not to exceed budget amount for each task set forth below. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of this Agreement. REIMBURSABLE EXPENSES There are no reimbursable expenses under this Agreement. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, , for such services. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. Table C-1: Anticipated Quarterly Cost Structure* *CONSULTANT will invoice CITY upon completion of each task at the close of each quarter for all costs with exception of the Initialization fee, which is billable upon contract execution. No payment shall be due until each task is completed, or, in the case of reports, until the report is delivered. Payment for quarterly license shall commence in the quarter that the Launch Effective Date occurs. CONSULTANT and CITY agree that CONSULTANT will apply a $9,375 credit to each of the first and second quarterly license payments. All other payments will be made in accordance with Exhibit C. No further compensation will be made for services provided prior to this Amendment. Cost Structure - Years 1-5: Vers.: Aug. 5, 2019 Page 5 of 10 Component Q1 Q2 Q3 Q4 Totals Year 1 Integration $5,500 Initialization $20,000 Welcome Letters $16,875 Training $1,500 Reports $12,500 $12,500 $12,500 License $9,375 $9,375 $9,375 $9,375 $138,875 Year 2 Reports $12,500 $12,500 $12,500 $12,500 License $9,375 $9,375 $9,375 $9,375 $87,500 Year 3 Reports $12,500 $12,500 $12,500 $12,500 License $9,375 $9,375 $9,375 $9,375 $87,500 Year 4 Reports $12,500 $12,500 $12,500 $12,500 License $9,375 $9,375 $9,375 $9,375 $87,500 Year 5 Reports $12,500 $12,500 $12,500 $12,500 License $9,375 $9,375 $9,375 $9,375 $87,500 Sub-Total $488,875 Addition al Service $48,888 Vers.: Aug. 5, 2019 Page 6 of 10 s Total $537,763 Services Billed in Years 1-6: Years Total Amount Spent Year 1 $58,750 Year 2 $28,125 Year 3 $0 Year 4 $63,500 Year 5 $87,500 Year 6 (Q1-Q2) $43,750 Total $281,625 Cost Structure - Years 6-7: Module/Functionality Q1 Q2 Q3 Q4 Estimated Total Annual Cost Years 6-7 VertexOne Digital Base $4,500 $4,500 $4,500 $4,500 $18,000 VXsmart - $0.80 x 21,000 (total # of accounts $4,200 $4,200 $4,200 $4,200 $16,800 Home Water Reports Base $240 $240 $240 $240 $960 Home Water Reports Variable - $0.01280 for each account receiving reports (est. 15,625) $50 $50 $50 $50 $200 SSO for End Customer Base $3,250 $3,250 $3,250 $3,250 $13,000 SSO for End Customer Variable - $0.03207 for each account (est. 21,000) $169 $169 $169 $169 $674 Transactional Fees - $11,779 $11,799 $11,799 $11,799 $47,116 Vers.: Aug. 5, 2019 Page 7 of 10 Estimated cost of all transactional fees, plus a buffer Year 6 Q3 and Q4 Sub Total (Estimated annual cost minus services billed Q1 and Q2) $53,000 Year 7 Sub Total $96,750 Additional Services Budget Remaining $42,888 Estimated Total Cost - Year 6, Q3 – Year 7, Q4 $192,638 Total Billed during Contract Years 1-6,Q2 $281,625 Total Contract Not to Exceed (Amend No. 3) $537,763 Services Billed from Year 6, Q3 through Year 7, Q3: Years Total Amount Spent Year 6 (Q3 and Q4) $40,333 Year 7 (Q1-Q3) $46,504 Total $86,837 Cost Structure - Years 8-10: Module/Functionality Annual Cost Year 8 NTE Annual Cost Year 9 NTE Annual Cost Year 10 NTE VertexOne Digital Base $24,750 $25,492 $26,257 VXsmart $23,100 $23,793 $24,507 Home Water Reports Base $1,200 $1,236 $1,273 Home Water Reports Variable – (est. 15,578 accounts receiving reports) $274 $282 $291 SSO for End Customer Base $1,800 $1,854 $1,910 Vers.: Aug. 5, 2019 Page 8 of 10 SSO for End Customer Variable $1,040 $1,071 $1,103 Transactional Fees - Estimated cost of all transactional fees, plus a buffer $22,000 $23,000 $24,072 Total Annual Costs Year 8 – Year 10 Year 8 Sub Total $74,164 Year 9 Sub Total $76,728 Year 10 Sub Total $79,412 Total Cost - Year 8 – Year 10 NTE $230,304 Total Billed during Contract Years 1-7,Q3 $386,462 Cost Year 7, Q4 NTE Sub Total $23,109 Cost Year 8 – 10 NTE Sub Total $230,304 Total Contract Not to Exceed $677,763 Transactional Fees Pricing Transactional fees include the following: outbound message composition fee, document archival fee, pass through & management fees. Transactional Fee Pricing Composition Fee $0.005/communication Document Archival $0.005/communication SMS Pass Through $0.032/SMS Print Pass Through $0.52/Printed Document The pass through & management fee is only incurred if the outbound communication channel is Letter, SMS and/or voice channels. Emails do not incur a Pass Through & Management fee. Letters may not incur the pass through & management fee if the CITY is responsible for print services. Vers.: Aug. 5, 2019 Page 9 of 10 The table below provides more clarity around when the various transactional fees are charged. Transactional Fees by Channel Channel Composition Fee Document Archival Fee Pass Through & Management Fee1 Email X X SMS X X X Print X X X Voice X X 1Pass through fee from vendor, plus CONSULTANT administration charge Transactional Fees Scenarios Item Composition Fee Document Archival Fee Pass Through & Management Fee 1 Form Submission X 2 Home Water Reports X X X 3 Ad Hoc Utility Communication (City Staff Triggered Outbound Communication) X X X 4 Welcome Letters, Portal Nudge Letters, & Survey Letters X X X 5 Leak Alerts (AMI & Non- AMI) X X X 6 Usage Notifications (Unplanned Use, High Use) X X X 7 Bill Notifications (Bill X X X Vers.: Aug. 5, 2019 Page 10 of 10 Reminder, Bill Ready, Bill Forecast)1 8 Outage Notifications X X X *Fee pricing is based on the total number of communications with end customers. CONSULTANT will provide monthly invoice tracking to ensure spending will not meet the budget threshold without written approval from the CITY.* Certificate Of Completion Envelope Id: 2380BBBC-C952-4F2A-9977-E3BADFE707E5 Status: Completed Subject: Complete with Docusign: C19174648A Amendment 4 final.pdf, C19174648A Amendment 4 revised final ... Source Envelope: Document Pages: 10 Signatures: 2 Envelope Originator: Certificate Pages: 2 Initials: 0 Ann Marie Romero AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 annmarie.romero@paloalto.gov IP Address: 170.85.54.117 Record Tracking Status: Original 4/14/2026 11:22:30 AM Holder: Ann Marie Romero annmarie.romero@paloalto.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Signer Events Signature Timestamp Keith Foerster Keith.Foerster@vertexone.ai CFO Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 24.162.82.191 Sent: 4/17/2026 8:23:50 AM Viewed: 4/17/2026 2:15:28 PM Signed: 4/17/2026 2:15:51 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Tracey Brown tracey.brown@vertexone.ai CEO Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 2600:387:15:4e12::5 Signed using mobile Sent: 4/17/2026 2:15:53 PM Resent: 4/20/2026 10:42:49 AM Viewed: 4/20/2026 2:51:38 PM Signed: 4/20/2026 2:52:09 PM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/14/2026 11:26:20 AM Envelope Updated Security Checked 4/14/2026 11:38:25 AM Envelope Summary Events Status Timestamps Envelope Updated Security Checked 4/14/2026 11:38:25 AM Envelope Updated Security Checked 4/14/2026 11:38:25 AM Envelope Updated Security Checked 4/14/2026 12:50:04 PM Envelope Updated Security Checked 4/14/2026 12:50:04 PM Envelope Updated Security Checked 4/14/2026 12:50:04 PM Envelope Updated Security Checked 4/16/2026 1:57:55 PM Envelope Updated Security Checked 4/16/2026 1:57:55 PM Envelope Updated Security Checked 4/16/2026 1:57:55 PM Envelope Updated Security Checked 4/16/2026 1:57:55 PM Envelope Updated Security Checked 4/16/2026 1:57:55 PM Envelope Updated Security Checked 4/20/2026 10:42:47 AM Envelope Updated Security Checked 4/20/2026 10:42:47 AM Envelope Updated Security Checked 4/20/2026 10:42:47 AM Certified Delivered Security Checked 4/20/2026 2:51:38 PM Signing Complete Security Checked 4/20/2026 2:52:09 PM Completed Security Checked 4/20/2026 2:52:09 PM Payment Events Status Timestamps