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Home My WebLink About2026-03-10; City Council; Resolution 2026-054Exhibit 1 RESOLUTION NO. 2026-054 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO AN AGREEMENT WITH INVOICE CLOUD, INC FOR ONLINE PAYMENT SERVICES FOR A THREE-YEAR EXTENSION BEYOND THE ORIGINAL AGREEMENT’S ALLOWED EXTENSIONS FOR AN AMOUNT NOT TO EXCEED $630,000 WHEREAS, the City Council of the City of Carlsbad, California has determined that the current utilities online bill payment process needs to be extended an additional three years; and WHEREAS, the current agreement will expire on March 10, 2026, and needs an extension and annual payment limit increases beyond the original agreement’s terms; and WHEREAS, by extending the agreement an additional three years, the agreement can continue through the implementation of the Core System Modernization Project; and WHEREAS, the budget for credit card processing fees for the first year of the Amendment were included in the fiscal year 2025-26 operating budgets for the city’s Public Works Department and the CMWD; and WHEREAS, the processing fees for the second and third years of the Amendment will be included in the annual budget requests for those years. 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.The proposed action is not a “project” as defined by California Environmental Quality Act, or CEQA, Section 21065 and CEQA Guidelines Section 15378(a) and does not require environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited to the credit card processing fees from Invoice Cloud, Inc. The action has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. 3.That Amendment No. 3 with Invoice Cloud, Inc. (Attachment A) is approved and the City Manager, or his designee, is authorized to execute all required procurement documents on behalf of the City. 4.That the purchase of the utilities bill payment services under the agreement shall not exceed $630,000 for the term of Amendment No. 3. March 10, 2026 Item #7 Page 3 of 6 Docusign Envelope ID: F1EC0D18-DDCA-4F22-BDF5-785A2BC7D09E PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of March, 2026, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. _____________________________________ KEITH BLACKBURN, Mayor _____________________________________ SHERRY FREISINGER, City Clerk (SEAL) March 10, 2026 Item #7 Page 4 of 6 Docusign Envelope ID: F1EC0D18-DDCA-4F22-BDF5-785A2BC7D09E City Attorney Approved Version 5/30/2025 1 AMENDMENT NO. 3 TO AMEND AND EXTEND AGREEMENT FOR ONLINE PAYMENT PROCESSING SERVICES INVOICE CLOUD INC. This Amendment No. 3 is entered into and effective as of the ______ day of ______________________________, 2026, amending the agreement dated March 11, 2019 (the “Agreement”) by and between the City of Carlsbad, California, a municipal corporation ("City"), and Invoice Cloud, Inc., a Massachusetts corporation (“Contractor") (collectively, the “Parties”) to amend the Agreement to allow for a three-year extension beyond the original extension available to the Agreement. RECITALS A.On January 8, 2024, the Parties executed Amendment No. 1 to the Agreement to extend the Agreement for a period of three (3) years ending March 10, 2026; and B.On April 17, 2025, the Parties executed Amendment No. 2 to the Agreement to clarify the Agreement’s scope of work; and C.The Parties desire to amend the length of the Agreement to include a three-year extension beyond the original amount of extensions allowed under the Agreement; and D.The Parties have negotiated and agree to an additional three-year extension to the Agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1, That the Agreement, as may have been amended from time to time, is extended and funded for a period of three (3) years ending on March 10, 2029, in an amount not to exceed $210,000 per Agreement year. 2.The second sentence of Section 3 of the Agreement (“Term”) is amended to read “The City Manager may amend the Agreement to extend it for two additional three (3) year periods or parts thereof.” 3.All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by Contractor pursuant to this Agreement, as may have been amended from time to time, will include coverage for this Amendment. Attachment A March 10, 2026 Item #7 Page 5 of 6 Docusign Envelope ID: F1EC0D18-DDCA-4F22-BDF5-785A2BC7D09E March 11th City Attorney Approved Version 5/30/2025 2 5. The individuals executing this Amendment and the instruments referenced in it 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 of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California Invoice Cloud, Inc a Massachusetts corporation By: By: (sign here) City Manager (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By Morgen Fry, Assistant City Clerk (print name/title) 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 Group B Chairman, President, or Vice-President 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: _____________________________ City Attorney March 10, 2026 Item #7 Page 6 of 6 Docusign Envelope ID: F1EC0D18-DDCA-4F22-BDF5-785A2BC7D09E