HomeMy WebLinkAbout09 - Amendment No. 8 to CAD/RMS Software Maintenance AgreementQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
January 24, 2023
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Joe Cartwright, Acting Chief of Police - 949-644-3701,
jartwright@nbpd.org
PREPARED BY: Jonathan Stafford, Deputy Director, jtafford@nbpd.org
PHONE: 949-644-3650
TITLE: Amendment No. 8 to CAD/RMS Software Maintenance Agreement
with Superion, LLC
ABSTRACT:
The Police Department requests City Council approval to amend the existing Software
Maintenance Agreement with Superion to add contract authority to pay annual computer -
aided dispatch and records management system (CAD/RMS) maintenance invoices over
the next 10 years. CAD/RMS is critical to providing responsive and efficient service to the
public by the Police Department and by Lifeguard Operations.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve Amendment No. 8 to the Software Maintenance Agreement with Superion,
LLC of Lake Mary, Florida, for a not -to -exceed cost of $1,424,012.47 over ten years,
and authorize the Mayor and City Clerk to execute the Amendment.
DISCUSSION:
The Police Department uses Superion's Central Square OneSolution CAD/RMS to
manage police calls for service, crime reports, mobile computers, evidence and several
types of related processes and records. The system was implemented in 2014 and has
been continuously maintained and updated in excellent functioning condition. The annual
maintenance cost for the current fiscal year is $134,597.76 and is an excellent value
compared to similar enterprise -level software systems. The proposed amendment's
not -to -exceed amount of $1,424,012.47 provides contract authority for 10 years of annual
maintenance and includes an annual cost escalation of three percent (3%). Cost
escalation corresponds to the increase in the Consumer Price Index (CPI) but cannot
exceed 3% per year. The expected service life of the system is through 2029,
notwithstanding major changes by the vendor or the Police Department.
9-1
Amendment No. 8 to CAD/RMS Software Maintenance Agreement with Superion, LLC
January 24, 2023
Page 2
The City of Newport Beach Lifeguard Operations Division also uses OneSolution CAD
and mobile computers to manage calls for service and field activity. The ongoing
maintenance cost for the Lifeguard CAD and mobile system is included in the
not -to -exceed cost of the amendment.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this amendment. It will be expensed
to the Software License Renewal account in the Police Department, 0103522-871017.
The annual maintenance costs are determined at the end of each fiscal year with cost
increases limited by the original agreement. Escalation of costs are fixed as the lesser of
three percent (3%) or the increase in the Consumer Price Index (CPI-U) over the prior
12 months. These negotiated cost increases for the amendment are addressed annually
in the budget preparation process and are reflected in the requested not -to -exceed cost
of the amendment.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Amendment No. 8
9-2
ATTACHMENT A
AMENDMENT NO. EIGHT TO
SOFTWARE LICENSE AND SERVICES AGREEMENT AND
SOFTWARE MAINTENANCE AGREEMENT
WITH SUPERION, LLC
THIS AMENDMENT NO. EIGHT TO THE SOFTWARE LICENSE AND SERVICES
AGREEMENT ("Amendment No. Seven") is made and entered into as of this 24th day of
January, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and SUPERION, LLC, a
Delaware corporation ("Consultant"), whose address is 1000 Business Center Drive, Lake
Mary, FL 32746 , and is made with reference to the following:
RECITALS
A. On June 28, 2013, City and SunGard Public Sector, LLC ("SunGard") entered into
a Software License and Services Agreement and a Software Maintenance
Agreement ("Agreements") for Consultant to provide maintenance, enhancements,
and licensing ("Services") for Computer Aided Dispatch/Records Management
System ("CAD/RMS"), new releases of Baseline software, and custom
modifications as defined and identified in Exhibit 1 within the Agreements
("Project").
B. On August 15, 2014, City and SunGard entered into Amendment No. One to the
Agreements ("Amendment No. One") to reflect additional, deleted, and modified
services not previously included in the Agreements, and to increase the total
compensation.
C. On November 21, 2014, City and SunGard entered into Amendment No. Two to
the Agreements ("Amendment No. Two") to reflect additional, deleted, and
modified services not previously included in the Agreements, as amended, and to
increase the total compensation.
D. On August 14, 2015, City and SunGard entered into Amendment No. Three to the
Agreements ("Amendment No. Three") to reflect additional services not previously
included in the Agreements, as amended, and to increase the total compensation.
E. On June 28, 2016, City and SunGard entered into Amendment No. Four to the
Agreements ("Amendment No. Four") to reflect additional services not included in
the Agreements, as amended, and to increase the total compensation.
F. On January 23, 2017, City and SunGard entered into Amendment No. Five to the
Agreements ("Amendment No. Five") to reflect additional services not included in
the Agreements, as amended, and to increase the total compensation.
G. On August 14, 2017, City and Consultant entered into an Assignment Agreement
that assigned all rights, title and interest in and obligations under the Agreements
from SunGard to Consultant.
Superion, LLC Page 1 9-3
H. On March 26, 2018, City and Consultant entered into Amendment No. Six to the
Agreements ("Amendment No. Six") to reflect additional and deleted services not
previously included in the Agreements, as amended, and to adjust the total
compensation under the Agreements.
On May 8, 2018, City and Consultant enter into Amendment No. Seven to reflect
additional services not previously included in the Agreements, as amended, and
to adjust the total compensation available under the Agreements to not exceed
One Million Eight Hundred Sixty Six Thousand Six Hundred Fifty Dollars and
00/100 ($1,866,650.00).
J. As of 2022, the total compensation available for Services under the Agreements
was exhausted, and Consultant continued to provide Services as requested by
City, with the amount in arrears for Services rendered as of the end of year 2022
being a total of One Hundred Thirty Four Thousand Five Hundred Ninety Seven
Dollars and 76/100 ($134,597.76), to which the City paid Consultant via purchase
order One Hundred Nineteen Thousand Dollars and 00/100 ($119,000.00), leaving
a remaining balance in arrears of Fifteen Thousand Five Hundred Ninety Seven
Dollars and 76/100 ($15,597.76).
K. All costs for licensing under the Agreements having been fully paid, the City
desires to continue to utilize Consultant's maintenance Services pursuant to the
Agreements through the year 2031, by increasing the total compensation available
under the Agreements for prospective Services by an additional One Million Four
Hundred Twenty Four Thousand Twelve Dollars and 47/100 ($1,424,012.47), for
a revised total not to exceed amount of Three Million Two Hundred Ninety
Thousand Six Hundred Sixty Two Dollars and 47/100 ($3,290,662.47).
L. The parties now desire to enter into this Amendment No. Eight to compensate
Consultant for the remaining amount in arrears for Services rendered through end
of year 2022, and additionally, to increase the compensation available under the
Agreements for prospective maintenance Services through the year 2031.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONSULTANT
Consultant acknowledges that all licensing has been fully paid, and that only
ongoing annual maintenance Services continue. Consultant's annual compensation is
hereby amended and modified as set forth in the table below to provide additional
compensation for the amount in arrears for Services rendered through the end of year
2022, and additionally, to increase the total compensation available under the
Agreements for all Services to be performed prospectively in accordance with the
Agreements, including all reimbursable items and subconsultant fees, in an amount not
to exceed the amounts set forth below, without prior written authorization from City.
Superion, LLC Page 2 9-4
Year
Total Not to Exceed:
2022 (arrears balance)
$15,597.76
2023
$138,635.69
2024
$142,794.76
2025
$147,078.61
2026
$151,490.96
2027
$156,035.69
2028
$160,716.76
2029
$165,538.27
2030
$170,504.42
2031
$175,619.55
TOTAL:
$1,424,012.47
This Amendment reflects additional compensation in a total amount not to exceed
One Million Four Hundred Twenty Four Thousand Twelve Dollars and 47/100
($1,424,012.47).
The total compensation available under the Agreements for all Services, including
the additional compensation set forth in this Amendment, shall not exceed Three Million
Two Hundred Ninety Thousand Six Hundred Sixty Two Dollars and 47/100
($3,290,662.47).
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Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Superion, LLC Page 3 9-5
IN WITNESS WHEREOF, the parties have caused this Amendment No. Eight to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: t / ['7/ 23
By:
Yy
on C. Harp Attorney`
ATTEST:
Date:
SA
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date-
By -
Noah Blom
Mayor
CONSULTANT: Superion, LLC, a
Delaware corporation
Date:
By:
Ron A. Anderson
VP of Sales
Date:
By:
Barry Medintz
General Counsel
Secretary
[END OF SIGNATURES]
and
Corporate
Superion, LLC Page 4 9-6