SR-03-18-2014-3Be
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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,
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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.
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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.
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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:
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Dean Kubani
Sustainability Manager
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Forwarded to Council:
Rod Gould
City Manager
Reference:
Contract No. 9880
(CCS)