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SR 07-24-2018 3J City Council Report City Council Meeting: July 24, 2018 Agenda Item: 3.J 1 of 3 To: Mayor and City Council From: David Martin, Director, Transportation Planning Subject: Contract Modification with CityGrows for Software Development Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #4334 in the amount of $70,000 with CityGrows, a Los Angeles-based company, for software development. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.080 (d) and is for a total amount not to exceed $138,000 with future year funding contingent on Council budget approval. Staff recommends that the City Council authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. Summary As the City of Santa Monica’s business operations evolve to accommodate 21st century governance, it is vital that we maintain and create new systems that improve customer experience as well as provide the data analysis needed to support program effectiveness. Staff recommends the City modify its agreement with CityGrows, which recently created an initial platform for the Transportation Demand Management (TDM) ordinance compliance processes. Initial testing has been successful, and the amendment would enable staff to bring additional components of ordinance compliance into the system, such as automated reminders of upcoming due dates, new payment types that allow fee discounts and payments for multiple years, and enhanced customer relationship management capabilities. Incorporating additional components of TDM ordinance administration into the CityGrows platform would provide customers with a more transparent experience and enable staff access to more meaningful data analysis from a consolidated database. Discussion CityGrows is a workflow and transparency platform for local governments that facilitates the creation of digital processes that make it easier for customers and staff to complete 2 of 3 tasks. CityGrows was identified as a valuable technology service via the Hack the Beach contest. They emerged winners of the competition due to the applicability of their product, professional experience, likelihood of success, and cost. Following the contest, a pilot program was established to test the viability of their program, which met success after automating initial components of the Worksite Transportation Plan. At the conclusion of the pilot, the City elected to continue the project by pursuing a sole source agreement. The sole source proposal was ultim ately accepted due to the unusual nature of the required services for the TDM ordinance where no off -the-shelf tools were readily available. CityGrows has already delivered a product that has improved the customer experience of compliance with the TDM ordinance by enabling Santa Monica employers to conduct worksite AVR surveys, submit required documents, receive feedback from City staff, and fully or partially develop worksite TDM Plans online. The additional features requested will further improve the quality of customer experience, especially for the more complex processes required of larger employers. It would also enable more meaningful data analytics to inform program operations in real time. Staff recommends CityGrows to furnish and deliver custom software development on the CityGrows platform as an exception to the competitive process basis pursuant to Section 2.24.080 (d) such that it is a Proprietary Purchase: an item of original equipment manufacturer and/or their authorized exclusive distributor. Good or service is copyrighted, patented, or otherwise only available from a License Holder. Financial Impacts and Budget Actions The contract modification to be awarded to CityGrows is $70,000, for an amended contract total not to exceed $138,000. Award of the contract modification requires the following budget changes: FY 2018-19 Budget Changes Release Funds Appropriate Funds Account Number(s) Amount Account Number(s) Amount 10.365501 $70,000 10700003.50010 $70,000 Total $70,000 Total $70,000 The contract will be charged to the following accounts: 3 of 3 Contract Modification Request: CityGrows Agreement # Current Authorized Amount Modified Request Amount FY 2018-19 Dept Acct # Total Revised Contract Amount 4334 $68,000 $70,000 10700003.550010 $138,000 Prepared By: Jack Moreau, Transportation Management Specialist Approved Forwarded to Council Attachments: A. 2018 OAKS INITIATIVE FORM CityGrows (003) CITY OF SANTA MONICA OAKS INITI ATIVE NOTICE NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk. This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public off icial from receiving, and a person or entity from conferring, specified personal benef its or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica. All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists f or persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period. In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This inf ormation must be updated and supplied every 12 months. CITY OF SANTA MONICA OAKS INITI ATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benef its include: 1. Personal services contracts in excess of $25,000 over any 12-month period; 2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period; 3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period; 5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or 7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period. Name(s) of persons or entities receiving public benefit: Name(s) of trustees, directors, partners, and officers: Name(s) of persons with more than a 10% equity, participation, or revenue interest: Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY: Bid/PO/Contract # ____________________________ Permit # ___________________________ REFERENCE: Modified Agreement No. 10718 (CCS)