HomeMy WebLinkAbout15925RESOLUTION NO. 15925
A RESOLUTION APPROVING AMENDMENT NO. 5 TO THE
SUBSCRIPTION AGREEMENT BETWEEN THE CITY OF
PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND
BRIGHTLY SOFTWARE, INC., A DELAWARE CORPORATION,
FORMERLY DUDE SOLUTIONS, INC., IN THE AMOUNT OF
$60,446.91 FOR PROJECT NO. 21-041 PUEBLO STREET
ASSESSMENT PROJECT AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME.
WHEREAS, Project No. 21-041, Pueblo Street Assessment Project was awarded to Dude
Solutions, Inc., (now Brightly Software, Inc.), on October 12, 2021;
WHEREAS, Amendment No. 1 to the Master Services Agreement was approved on July
11, 2022;
WHEREAS, Amendment No. 2 to the Master Services Agreement was approved on June
12, 2023;
WHEREAS, Amendment No. 3 to the Master Services Agreement was approved on
December 26, 2023;
WHEREAS, Amendment No. 4 to the Master Services Agreement was approved on August
26, 2024; and
WHEREAS, the City of Pueblo and Brightly Software, Inc., (formerly Dude Solutions, Inc.),
desire to modify the Agreement to provide additional services to the City; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
Funds in the amount of $60,446.91 shall be transferred from the "2025" Public Works
Operating Budget, Contract Services (10140103 53003), to Project Account CI2210, Public Works
Asset Management.
SECTION 2.
Amendment No. 5 (the "Amendment"), by and between the City of Pueblo, a Colorado
Municipal Corporation, and Brightly Software, Inc., a Delaware corporation, a copy of which is
attached hereto, having been approved as to form by the City Attorney, is hereby approved, and
City Council authorizes the additional work contemplated by the Amendment to be performed in
the amount of $60,446.91.
SECTION 3.
Funds for services rendered under Amendment No. 5 shall be paid from Project Account
CI2210, Public Works Asset Management in the amount of $60,446.91.
SECTION 4.
The Purchasing Agent is hereby authorized to execute said Amendment on behalf of the
City of Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the seal of the City
thereto and attest same.
SECTION 5.
The officers of the City are authorized to perform any and all acts consistent with this
Resolution and the attached Amendment to implement the policies and procedures described
herein.
SECTION 6.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: March 10, 2025
BY: Brett Boston
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK
City Clerk's Office Item # M1
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: March 10, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: A RESOLUTION APPROVING AMENDMENT NO. 5 TO THE
SUBSCRIPTION AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION, AND BRIGHTLY
SOFTWARE, INC., A DELAWARE CORPORATION, FORMERLY DUDE
SOLUTIONS, INC., IN THE AMOUNT OF $60,446.91 FOR PROJECT NO.
21-041 PUEBLO STREET ASSESSMENT PROJECT, AND
AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME.
SUMMARY:
This Resolution transfers $60,446.91 from the "2025" Public Works Operating Budget for
Contract Services and budgets and appropriates funds in the amount of $60,446.91 into
Project Account CI2210 - Public Works Asset Management, approves Contract
Amendment No. 5 to the Master Subscription Agreement awarded to Brightly Software,
Inc., in the amount of $60,446.91 for Project No. 21-041 Pueblo Street Assessment
Project.
PREVIOUS COUNCIL ACTION:
Resolution 14728, dated October 12, 2021, approved a Master Subscription Agreement
for Software License with Dude Solutions, Inc., (now Brightly Software, Inc.), for
$162,829.21.
Resolution 14932, dated July 11, 2022, established Project Account CI2210, Public
Works Asset Management Project, transferred $145,000.00 from the Public Works
Operating Budget for Contract Services, transferred $162,829.21 from Project Account
HUAN01 - Street Resurfacing, approved Amendment No. 1 to the Master Subscription
Agreement awarded to Brightly Software, Inc., in the amount of $144,488.74 for Project
No. 21-041 Pueblo Street Assessment Project.
Resolution 15260, dated June 12, 2023, approved Amendment No. 2 to the Master
Subscription Agreement awarded to Brightly Software, Inc., for Project No. 21-041
Pueblo Street Assessment Project in the amount of $90,029.35 adding facility condition
assessment and associated services to the contract scope of work.
Resolution 15452, dated December 26, 2023, approved Amendment No. 3 to the Master
Subscription Agreement awarded to Brightly Software, Inc., for Project No. 21-041
Pueblo Street Assessment Project in the amount of $7,097.89.
Resolution 15724, dated August 26, 2024, approved Amendment No. 4 to the Master
Subscription Agreement awarded to Brightly Software, Inc., for Project No. 21-041
Pueblo Street Assessment Project in the amount of $20,887.51.
BACKGROUND:
As the initial step of establishing the Public Works Department's asset management
program, the City of Pueblo solicited requests for proposals for contract services to
Additionally, proposers were
requested to recommend a Pavement Management Software solution to assist the City
with capital expenditure budgeting and project planning. Dude Solutions, Inc., (now
Brightly Software, Inc.), was selected as the lowest, most responsive bid for the software
agreement for the street assessment data and was awarded a Master Subscription
Agreement. That contract has been amended to provide additional asset management
services (including facility condition assessments and other associated services).
The proposed Amendment No. 5 provides for a modification to the original agreement
for additional services to collect energy consumption and billing data for utilities that
provide services to City-owned facilities, providing energy analysis tools to identify
energy/cost-saving opportunities and facilitating square feet of City-owned facilities. This
Resolution transfers the funds from the Public Works operating budget for the additional
contract services.
FINANCIAL IMPLICATIONS:
Funds in the amount of $60,446.91 shall be transferred from the "2025" Public Works
operating budget for contract services (10140103 53003) to Public Works Asset
Management Project Account CI2210.
Funding in the amount of $60,446.91 will be paid from Project Account CI2210, Public
Works Asset Management Project.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denial of this Resolution will prevent the City from acquiring the additional services.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. 21-041B Brightly Amendment No 5