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SR-03-18-2014-3Be tmm City of City Council Report Santa Monica City Council Meeting: March 18, 2014 Agenda Item:_ To: Mayor and City Council From: Dean Kubani, Manager, Office of Sustainability and the Environment Subject: Modification to Professional Services Agreement with ConserveTrack LLC Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a fourth modification to Professional Services Agreement 1651 in the amount of $114,635 with ConserveTrack, LLC, a California -based company, to continue providing licensing, hosting, support and maintenance for the ConserveTrack web -based software system to track and report water- saving projects and programs. This is a sole source professional services agreement. This will result in a three year amended agreement and two -year renewal option for a total of 11 years with a new total amount not to exceed $179,635, with future year funding contingent on Council budget approval. Executive Summary Since 2009, the City has used the ConserveTrack data management software system to track and report on the City's water conservation projects and programs including rebates, audits, ordinance violations and citations. The costs for ConserveTrack include the licensing, hosting, support and maintenance of the web -based software system. This fourth modification to the agreement with ConserveTrack LLC in the amount of $114,635 for a total amount not to exceed $179,635 for a total of 11 years through 2019 is to continue providing this data management system for use by Office of Sustainability and the Environment (OSE) and Code Compliance Division. Background In 2004 staff from the Information System Department and Office of Sustainability and the Environment researched web -based software systems designed to track and report water - savings projects and programs. On February 9, 2009 the City entered into a sole source professional services agreement with RightThere, Inc. for the development and licensing of the ConserveTrack software system that allows staff to track water - efficiency projects and programs, including rebates, direct installations, audits, outreach campaigns, violation warnings and citations. RightThere, Inc.'s propriety software, 1 ConserveTrack, is a web -based database system that generates reports which include estimated and actual water savings for each customized water conservation program. This software system is uploaded with water customer account information each month to keep the data up -to -date. The original agreement included two services: the development and licensing of the ConserveTrack software and the post - development maintenance. The total contract amount was $21,598. The development and licensing portion of the contract totaled $16,200. The maintenance portion of the contract was for one year post development with nine optional renewals for $5,388 each year. The software development was completed in 2010 and included customized modules and reports for the City's water conservation programs. The maintenance contract began in 2011. Because the maintenance portion of the contract did not include the total amount for 10 years and only listed the annual fee of $5,388, the default total became $5,388. In order to continue to use ConserveTrack and pay for additional annual maintenance fees, the agreement needed to be modified to increase the total amount. In addition the City's ability to provide fast and reliable web - hosting was not achieved. The first modification in 2012 increased the term of the contract to seven years in a total amount not to exceed $65,000 and transferred the web hosting from the City to RightThere, Inc. The second modification changed the name of the company from RightThere, Inc., a California Corporation, to ConserveTrack, a sole proprietorship. The third modification changed the name of the company from ConserveTrack, a sole proprietorship, to ConserveTrack LLC, a limited liability corporation. Because the total amount never exceeded $70,000 the original agreement and first through third modifications did not require Council authorization. 2 Discussion Since 2009 the ConserveTrack system has been used daily to help manage the City's water conservation projects and programs. Staff enters the following data to track: applicants participating in landscaping and rainwater harvesting rebates; audits related to the Green Business Certification Program; high water use complaints; and outreach. In the past ConserveTrack was used to track compliance certificates issued for the Retrofit Upon Sale Ordinance and to track warning letters and citations issued by OSE for violations of the water conservation, urban runoff and leaf blower ordinances. On July 1 2013, the Code Compliance Division of the Planning and Community Development Department took over the enforcement of those ordinances. Code Compliance staff would use ConserveTrack to track these violations until the Accella software program already purchased by the City is fully operational in approximately two years and capable of providing tracking and reporting services for code violations. In addition to tracking the water conservation projects and programs, ConserveTrack can generate detailed reports that include estimated and actual water savings. These reports are used by staff to report on goals and to comply with grant reporting requirements and bi- annual state reporting requirements. ConserveTrack continues to expand services and functionality to better suit the evolving needs of the City's water conservation projects and programs. Because the total cost of continuing to use ConserveTrack would exceed $70,000, staff is recommending a fourth modification of the professional services agreement with ConserveTrack LLC to continue providing the licensing, hosting, support and maintenance of the ConserveTrack data management system. The professional services agreement fees for ConserveTrack include software system licensing, hosting, support and maintenance in the amount of $17,472 per year with a rate increase based on the Consumer Price Index or at minimum one percent. The total amount of the contract including the original development, licensing, web hosting and maintenance would be $179,635 over 11 years. 3 Financial Impacts & Budget Actions The fourth agreement modification to be awarded to ConserveTrack LLC is $114,635 for a modified agreement not to exceed $179,635. Funds in the amount of $52,400 are included in the FY 2013 -14 budget in division 226, the agreement will be charged to account 01226.555060.88272. Additional year funding is contingent on Council budget approval. Prepared by: Kim O'Cain, Sustainability Analyst Approved: 6 W,- , Dean Kubani Sustainability Manager n Forwarded to Council: Rod Gould City Manager Reference: Contract No. 9880 (CCS)