HomeMy WebLinkAboutReso 68-22 Approving a Software User Agreement with Brightly Software, Inc.
Reso. No. 68-22, Item 4.17, Adopted 06/07/2022 Page 1 of 1
RESOLUTION NO. 68 – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A SOFTWARE USER AGREEMENT WITH BRIGHTLY SOFTWARE, INC.
WHEREAS, Staff researched available options to establish a True Cost of Ownership
(TCO) program; and
WHEREAS, the City Council approved Resolution 57-19 authorizing the City Manager to
execute an agreement with Dude Solutions Incorporated (DSI) for a three-year term to complete
the TCO program; and
WHEREAS, DSI has rebranded to Brightly Software, Inc. and services will remain intact;
and
WHEREAS, Staff recommends that the City enter into a Software User Agreement with
Brightly Software, Inc. for a one-year term, for a not-to-exceed amount of $47,628.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby authorize the City Manager to execute a Software User Agreement with Brightly Software,
Inc., attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to amend the agreement
for an additional $10,000 in the event additional services or staff training are necessary.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute future
Software User Agreement renewals as long as the City continues utilizing the software and
adequate budget is incorporated in respective fiscal year budget requests.
PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
PREPARED FOR
City Of Dublin ("Subscriber")
PREPARED BY
Brightly Software Inc ("Company")
11000 Regency Parkway, Suite 400
Cary, NC 27518
Dude Solutions is now Brightly. Same world-class software, new look and feel.
Meet Brightly at brightlysoftware.com
PUBLISHED ON
May 26, 2022
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Exhibit A
May 26, 2022
City Of Dublin
Thank you for your continued support of our market leading solutions for improving efficiency in operations.
We are excited about providing you with online tools that will help you save money, increase efficiency and
improve services. Dude Solutions, Inc. is dedicated to providing best in class solutions, including the following
for City Of Dublin.
Service Term: 12 months (07/01/2022 - 06/30/2023)
Item Investment
Asset Essentials $9,565.50
Facilities/Physical Plant Module $4,252.50
Streets/Signs/Sidewalks Module $4,252.50
Parks, Recreation and Forestry Module $4,252.50
Asset Essentials Inventory $3,192.00
Asset Essentials Capital Forecast $8,505.00
Asset Essentials Connector Toolkit $5,103.00
TechnologyEssentials Help Desk $4,357.50
TechnologyEssentials - Insight $4,147.50
ConnectAuthenticate $0.00
Annual Renewal: $47,628.00 USD
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Order Form terms
• By accepting this Order Form, and notwithstanding anything to the contrary in any other purchasing
agreement, Subscriber agrees to pay all relevant Fees for the full Services Term defined above.
• The "Effective Date" of the Agreement between Subscriber and Company is the date Subscriber accepts
this Order Form.
• This Order Form and its Services are governed by the terms of the Brightly Software, Inc. Master
Subscription Agreement found at http://brightlysoftware.com/terms (http://brightlysoftware.com/
terms)("Terms"), unless Subscriber has a separate written agreement executed by Brightly Software, Inc.
("Company") for the Services, in which case the separate written agreement will govern. Acceptance is
expressly limited to these Terms. Any additional or different terms proposed by Subscriber (including,
without limitation, any terms contained in any Subscriber purchase order) are objected to and rejected
and will be deemed a material alteration hereof.
• To the extent professional services are included in the Professional Services section of this Order Form,
the Professional Services Addendum found at http://brightlysoftware.com/terms
(http://brightlysoftware.com/terms)is expressly incorporated into the Terms by reference.
• During the Term, Company shall, as part of Subscriber's Subscription Fees, provide telephone and email
support ("Support Services") during the hours of 8:00 AM and 6:00 PM EST, (8:00 am – 8:00 pm EST for
Community Development Services) Monday through Friday ("Business Hours"), excluding Company
Holidays.
• Unless otherwise specified on this Order Form, Company maintains the right to increase Subscription
Fees within the Services Term by an amount not to exceed the greater of 6% or the applicable CPI and
other applicable fees and charges every 12 months. Any additional or renewal Service Terms will be
charged at the then-current rate.
• Acceptance of this Order Form on behalf of a company or legal entity represents that you have authority
to bind such entity and its affiliates to the order, terms and conditions herein. If you do not have such
authority, or you do not agree with the Terms set forth herein, you must not accept this Order Form and
may not use the Service.
• Proposal expires in sixty (60) days.
• Subscriber shall use reasonable efforts to obtain appropriation in the full amount required under this
Order Form annually. If the Subscriber fails to appropriate funds sufficient to maintain the Service(s)
described in this Order Form, then the Subscriber may terminate the Service(s) at no additional cost or
penalty by giving prior written notice documenting such non-appropriation. Subscriber shall use
reasonable efforts to provide at least thirty (30) days prior written notice of non-
appropriation. Subscriber agrees non-appropriation is not a substitute for termination for convenience,
and further agrees Service(s) terminated for non-appropriation may not be replaced with functionally
similar products or services prior to the expiration of the Services Term set forth in this Order Form.
Subscriber will not be entitled to a refund or offset of previously paid, but unused Fees.
Additional information
• Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of
Subscriber. This is not an invoice. For customers based in the United States, any applicable taxes will be
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determined based on the laws and regulations of the taxing authority(ies) governing the "Ship To"
location provided by Subscriber. Tax exemption certifications can be sent to
accountsreceivable@brightlysoftware.com (mailto:accountsreceivable@brightlysoftware.com).
• Billing frequency other than annual is subject to additional processing fees.
• Please reference Q-271834 on any applicable purchase order and email to
accountsreceivable@brightlysoftware.com (mailto:accountsreceivable@brightlysoftware.com)
• Brightly Software, Inc. maintains the necessary liability coverage for its products and professional
services. Proof of insurance can be provided upon request.
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Signature
Presented to:
Q-271834
May 26, 2022, 5:29:17 PM
Accepted by:
Printed Name
Signed Name
Title
Date
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