HomeMy WebLinkAbout2025-01-28; City Council; Resolution 2025-026RESOLUTION NO. 2025-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 3 OF THE AGREEMENT WITH EC AMERICA, INC. FOR THE OPTIONAL
YEAR 3 IN AN AMOUNT NOT TO EXCEED $217,953.44 FOR THE PROCORE
PROJECT MANAGEMENT PRO SOFTWARE LICENSING AND SUBSCRIPTION
FOR A NEW AGREEMENT TOTAL OF $680,178
WHEREAS, the City Council of the City of Carlsbad, California has determined that the most
effective way to operate and support the City of Carlsbad's project management requirements is with
Procore Project Management Pro Software; and
WHEREAS, EC America, Inc. currently provides licensing and subscription services for Procore
Project Management Pro Software under the California Multiple Award Schedules Agreement CMAS
No. 3-18-70-1448C contract for the City of Carlsbad; and
WHEREAS, under Carlsbad Municipal Code 3.28.100, Cooperative Purchasing, the Purchasing
Officer has the authority to join with other public agencies for the purchase of goods or services when
it is in the best interest of the city; and
WHERAS, the current agreement with EC America, Inc. for Procore Project Management Pro
Software licensing and subscription services was executed on Dec. 6, 2022, per Resolution No. 2022-
270 ("EC America Agreement"); and
WHEREAS, in order for the City of Carlsbad to continue use of Proco re Project Management Pro
Software with EC America, Inc. an extension for Year 3 needs to be executed in an amount not to exceed
$217,953.44; and
WHEREAS, the City Manager will have the authority to execute Amendment No. 3 of the EC
America Agreement for Year 3, and if necessary, to execute extensions and amendments to the
agreement over $100,000.00 annually for the remaining two one-year terms provided the extensions
do not exceed the agreement total amount of $680,178.00; and
WHEREAS, funding for Amendment No. 3 is available in the Strategic Digital Transformation
Investment Program and Information Technology Department's operating fund for fiscal year 2024-25.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That Amendment No. 3 (Attachment A) for licensing and subscription services of
Procore Project Management Pro Software with EC America, Inc. is hereby approved
and the City Manager, or Designee, of the City of Carlsbad is hereby authorized to
execute all required documents on behalf of the City including possible extensions and
amendments over $100,000.00 for years 4 and 5 provided the extensions do not exceed
the agreement total amount of $680,178.00.
3. That the total for the licensing and subscription services with EC America, Inc. shall not
exceed $217,953.44 for Year 3 of the agreement as reflected in Amendment No. 3.
4. That the funding for Amendment No. 3 is available in the Strategic Digital
Transformation Investment Program and Information Technology Department's
operating fund for fiscal year 2024-25.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 28th day of January 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
None.
None.
None.
KEITH BLACKBURN, Mayor
hrn._ SHERRY FREISINGER, City Clerk
{J l SEAL)
Docusign Envelope ID: 8894DBBA-D237-498D-BE24-99B72EA01A3C
Attachment A
AMENDMENT NO. 3 TO SUPPLEMENTAL TERMS & CONDITIONS TO THE CALIFORNIA MULTIPLE
AWARD SCHEDULED (CMAS) CONTRACT #3-18-70-14448C WITH EC AMERICA, INC
This Amendment No. 3 is entered into and effective as of the 3 ~ day of
-----~t--=--=-~~'---,:'-,--' 2025, extending supplemental terms and conditions agreement dated
December 12t , 2022 (the "A reement") by and between the City of Carlsbad, California, a municipal
corporation, ("City"), and EC merica Inc., a Virgina corporation, ("Contractor") (collectively, the "Parties").
RECITALS
A. The Parties entered into the Agreement for the implementation, licensing and subscription
services for Procore Project Management Pro Software; and
B. The Agreement was approved for an initial term of one year not to exceed $119,687.95 and
allowed for the City Manager to execute extensions and amendments over $100,000.00 annually, if
appropriate, for a total estimated agreement amount of $566,080.00 plus a $10,000.00 contingency for
unexpected implementation costs ; and
C. On December 14, 2023, the Parties executed Amendment No. 1 to the Agreement for
additional implementation and consulting services ; and
D. On January 10, 2024, the Parties executed Amendment No. 2 to the Agreement to extend the
Agreement for one (1) year for Year 2 of annual licensing and subscription; and
E. The Parties desire to extend theAgreementfor a period ofone (1) year for Year 3 of the annual
licensing and subscription services as outlined in Exhibit "A" in the amount of $217,953.44 for an updated
total estimated agreement amount of $680,178.00.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
City and Contractor agree as follows:
1. The Agreement, as may have been amended from time to time, is hereby extended for a
period of one (1) year ending on December 31, 2025.
2. All other provisions of the Agreement, as may have been amended from time to time, shall
remain in full force and effect.
3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement,
as may have been amended from time to time, shall include coverage for this Amendment.
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Docusign Envelope ID : B894DBBA-D237-49BD-BE24-99B72EA01A3C
4. The individuals executing this Amendment and the instruments referenced on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to bind
Contractor to the terms and conditions hereof of this Amendment.
CONTRACTOR
By:
t(,U\\Af"l\, tils
(sign here)
Tamara Ells VP & GM
(print name/title)
By:
~ t1li~tJvt
(sign here)
Jeffrey Ellinport corp. secretary
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: 1/J/h _/ //IV ---
City Manager
City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a
corporation, Agreement must be signed by one corporate officer from each of the following two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON , City Attorney
BY: a!AAJ1Ji ~
Deputy City Attorney
Jan. 28, 2025 Item #4 Page 8 of 9
Jan. 28, 2025 Item #4 Page 9 of 9