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HomeMy WebLinkAbout2022-08-30; City Council; Resolution 2022-211RESOLUTION NO. 2022-211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RATIFYING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO SERVICE DESCRIPTION NO. 004 AND A POSSIBLE ADDITIONAL ONE-YEAR EXTENSION TO THE MASTER SERVICES AGREEMENT WITH NAVISITE, INC. FOR HOSTING AND PROFESSIONAL SERVICES FOR THE LAWSON HUMAN CAPITAL MANAGEMENT SYSTEM SOFTWARE IN AN AMOUNT NOT TO EXCEED $446,625 FOR A TERM ENDING JUNE 30, 2023, WITH THE OPTION FOR ONE ADDITIONAL ONE-YEAR EXTENSION, AND APPROVE THE CARRYFORWARD REQUEST FROM THE FISCAL YEAR 2021-22 INFORMATION TECHNOLOGY DEPARTMENT'S OPERATING FUND BUDGET IN THE AMOUNT OF $446,625 WHEREAS, the City Council of the City of Carlsbad, California has determined that the most effective way to operate and support the Lawson Human Capital Management System (HCMS) is through the use of a hosted solution; and WHEREAS, the City of Carlsbad currently contracts with Navisite, Inc. (Navisite) for HCMS hosting services; and WHEREAS, the current HCMS software (Version 10) is required to have annual support; and WHEREAS, the current agreement expired on June 30, 2022 and Navisite continued to provide the specific services without the benefit of an agreement; and WHEREAS, the expired agreement has an option for two one-year extension; and WHEREAS, the proposed one-year extension will, in addition to the hosting services, provide full functional application support for a one-year period ending June 30, 2023; and WHEREAS, the city manager will have the authority to execute the second one-year extension in the appropriate year if determined to be appropriate and desired to extend the agreement to June 30,2024;and WHEREAS, Navisite will provide hosting and professional services to support Version 10 and application management; and WHEREAS, Information Technology Department expects to have sufficient available budget at 2021-22 fiscal year end to fund these services. 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 2 to Service Description No. 004 (Attachment A) is approved and ratified, and the city manager of the City of Carlsbad is authorized to execute all required documents on behalf of the City. 3.That the total Hosting Services for the Lawson Human Capital Management System from Navisite, Inc. shall not exceed $394,625 for term ending June 30, 2023 plus an additional $52,000 for prior year services for a total not to exceed amount of $446,625. 4.That the extension to hosting services is budgeted in the fiscal year 2021-22 Information Technology Department's Operating Budget and is being requested as carryforward from fiscal year 2021-22 the amount of $446,625, with future years' funding being requested during the appropriate fiscal year's budget process. 5.That a carryforward of $446,625 from the fiscal year 2021-22 Information Technology Department Operating Fund budget surplus to fund the Navisite agreement is approved. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 30th day of August, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Blackburn, Bhat-Patel, Acosta, Norby. None. Hall. for MATT HALL, Mayor FAVIOLA M�rk Servib.nager (SEAL) DocuSign Envelope ID: 775F977A-8740-4FB6-BAD5-6FF4EAF60CA6 Attachment A NAVISITE Ratification to Amendment No. 2 to Extend and Amend Service Description SFOP#0348575 This Ratification of Amendment No. 2 (the "Amendment"), the scope of which is described more fully below, is made and entered into between Navisite LLC ("Company" or "Service Provider"), and City of Carlsbad ("Customer"). This Amendment is entered into as of the ?,' �-t of �=r , 2022, but effective as of July 1, 2022, and amends and extends Service Desertion No. 004 (the "Service Description") dated January 25, 2017, the related Attachment 1 to the Service Description, and the Master Agreement, including (1) the Addendum to the Master Service Agreement for Application Management and Hosting Services, (2) the Addendum to the Master Service Agreement for Consulting Services and (3) Rider to the Master Agreement, all dated as of February 16, 2010 (collectively the "Agreement"). RECITALS WHEREAS, the Agreement, as amended from time to time, expired on June 30, 2022, and Company continued to provide the specified services without the benefit of agreement. WHEREAS, Customer has requested to extend the Term of the Service Description another 12 months to expire on or about June 30, 2023. WHEREAS, Company desires to extend the Term of the Service Description another 12 months to expire on or about June 30, 2023. WHEREAS, Company and Customer wish to amend the Service Description pursuant to the terms of this Amendment Now, THEREFORE the Parties intending to be legally bound agree as follows, all effective July 1, 2022 (the "Effective Date"): 1.The retroactive extension and amendment of the Agreement is ratified. 2.The parties renew the existing services and extend the term of the Service Description to June 30, 2023. 3.The last paragraph in the Section 2 -Service Charges of Attachment 001 to SD#4 isamended as per below: All Application Services Fee prices and charges shall increase annually beginning onJuly 1,· 2023 by a percentage of the greater of the Consumer Price Index -All UrbanConsumer of the Bureau of Labor Statistics of the U.S. Department of Labor for U.S., forAll Items with Base Years 1982-84= 100 (the "CPI-U Index") or five percent (5%) over theamount thereof in the immediately previous such annual period, provided, however, that the annual Service Fee in any year shall not exceed five percent (5%) over the Service Fee for the immediately preceding year. 4.The minimum Application Service Fee as currently in effect, is three hundred ninety-fourthousand, six hundred twenty-four dollars and thirty-two cents ($394,624.32) per year. DocuSign Envelope ID: 775F977 A-8740-4FB6-BAD5-6FF4EAF60CA6 NAVISITE 5.This Amendment shall commence on the Effective Date defined above and continue inaccordance with the term of the Service Description to expire on or about June 30, 2023. For the avoidance of doubt, the Service Description may only be renewed by mutual written consent of the Parties. 6.Except as amended hereby, the Service Description shall remain unchanged and shallremain in full force and effect. Navisite LLC By: f21i.,J Mtt By: N Peter Castello ame: ______________ Name: Title: _ch_i_e_f _c_o_m_m_e _rc_i_a_l_o_f_f_i _c _e _r ____ Title: Date: APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: {ji,Jit, k f,.yfa.k� City Attorney ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/9/2022 20303 Navisite, LLC Database Holdings, LP 400 Minuteman Rd Andover, MA 01810 20281 12777 22667 44520 A 1,000,000 35978262 4/13/2022 4/13/2023 1,000,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000A 73602615 4/13/2022 4/13/2023 25,000,000B 78184890 4/13/2022 4/13/2023 25,000,000 C 71747320 4/13/2022 4/13/2023 1,000,000N1,000,000 1,000,000 D E&O/Prof. Liab/Cyber D9719807A 4/13/2022 5,000,000 E E&O/Prof. Liab/Cyber EOL-237920 4/13/2022 4/13/2023 5,000,000 City of Carlsbad 1200 Carlsbad Village Dr Carlsbad, CA 92008 REMODBA-01 MICHAELSEPANSKI NFP Property & Casualty Services, Inc.45 Executive DrivePlainview, NY 11803 Zachary Salamon zachary.salamon@nfp.com Great Northern Insurance Company Federal Insurance Company Chubb Indemnity Insurance Company ACE American Insurance Company Crum & Forster Specialty Insurance Company X 4/13/2023 X X X X X X X DocuSign Envelope ID: 775F977A-8740-4FB6-BAD5-6FF4EAF60CA6