Fremont City Council Meeting: 09/17/24 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5221) DOC ID: 5221
Updated: 9/12/2024 9:04 PM by Susan Gauthier Page 1
OPEN COUNTER TECHNOLOGY SERVICE AGREEMENT - Authorize the City Manager or her Designee to Execute a Technology Service Agreement (TSA) with Open Counter Enterprises, Inc. to provide interactive zoning searches and permitting step-by-step guides for a five-year term and a not-to-exceed compensation of $287,275.
Contact Persons:
Name: Jennifer Craven Dan Schoenholz
Title: Business Manager Community Development Director
Div/Dept: Community Development Community Development
Phone: 510-494-4554 510-494-4438
E-Mail: [email protected] [email protected]
Executive Summary: The City has been utilizing Open Counter online zoning and business permitting requirement services since 2016. This new Technology Services Agreement with Open Counter will allow for continued public access to these online (Cloud -hosted) services as well as add a residential permitting guide. Staff recommends that City Council authorize the City Manager to execute a new Technology Services Agreement with Open Counter Enterprises, Inc. for a five-year term and a not-to-exceed compensation of $287,275.
BACKGROUND: In 2015, the City entered into an agreement with Open Counter in order to provide an online, self-help service where small businesses could explore zoning and business permitting requirements to inform decisions about where to site their new business. Since initial implementation of Open Counter in 2016, the site has been accessed more than 13,000 times to look up zoning and utilize the business permit scoping guide.
The Fremont Open Counter site is located at: https://fremont.opencounter.com
Open Counter works by utilizing simple questions about the business use/operation with a mapping tool to identify where the specific business could operate by right, with a discretionary approval (e.g., Zoning Administrator Permit), or is prohibited. If a person is interested in scoping the permitting requirements, the Business Guide asks for information about the site improvements (e.g., new construction, tenant improvement), if any, which lead to a list of permitting requirements (e.g., permits required, including outside agencies) and an estimate of the permit fees.
DISCUSSION/ANALYSIS: Since 2016, Open Counter has expanded its services to include a residential permitting guide. Based on the zoning lookups to Open Counter since 2016, many lookup inquiries seek information about residential zoning and permitting requirements. The residential permitting guide is designed to facilitate queries about residential zoning and permitting requirements.
As described, the new TSA with Open Counter will be for a five-year term and a not-to- exceed compensation of $287,275. The table below breaks out the costs by year.
Council Staff Report (ID # 5221) Meeting of September 17, 2024 Updated: 9/12/2024 9:04 PM by Susan Gauthier Page 2
ZoningCheck, Business Guide, Residential Guide Total Cost One-time implementation fee – Residential Guide only
Year 1 annual fee
Year 2 annual fee (3% increase)
Year 3 annual fee (3% increase)
Year 4 annual fee (3% increase)
Year 5 annual fee (3% increase)
$6,900
$52,810
$54,394
$56,026
$57,707
$59,438
Total Not-to-Exceed Compensation $287,275
FISCAL IMPACT: The one-time costs and initial year of subscription costs ($59,710) will be funded from PWC8746, Land Use and Permitting System. This PWC is annually funded by the Development Cost Center Technology & System Improvement Reserve, which is funded by permit fees from Planning (Fund 391), Building (Fund 392), and Engineering (Fund 393).
Subsequent annual subscription fees and any additional services will be budgeted for and funded by the Planning (Funds 391) and Building (Funds 392) operating budgets.
ENVIRONMENTAL REVIEW: The recommended action is not subject to review under the California Environmental Quality Act (CEQA) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines.
ATTACHMENTS: None.
RECOMMENDATIONS:
1. Authorize the City Manager or her designee to execute a new Technology Service Agreement (TSA) with Open Counter Enterprises, Inc., for a five -year term and not-to-exceed compensation of $287,275.
2. Authorize the use of PWC8746, Land Use and Permitting System, for the one -time and initial year of subscription fees totaling $59,710.
3. Authorize City Manager or her designee to execute any implementing documents and actions, as necessary.