To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Purchase Order with Bludot Technologies, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Department of Conservation and Development, a purchase order with Bludot Technologies, Inc. in an amount not to exceed $8,340 plus tax for the license and for 12 months period.
FISCAL IMPACT:
No impact to the County General Fund, costs will be fully paid for with Land Development fees.
BACKGROUND:
The Department of Conservation and Development (DCD) proposes to contract with Bludot Technologies, Inc., to provide licensing for a customer relationship software application (CRM Platform). The CRM Platform software is used to expand efforts in cultivating relationships between the County and its local small businesses. The software allows for communication and analysis of data points that will be useful going forward for the County's economic development efforts.
Bludot’s CRM Platform is a web solution that allows a local government’s economic development team to manage, track and engage with their local businesses. It is pre-populated with comprehensive data for all businesses within the jurisdiction. It includes functionalities to segment businesses, analyze in a map, centralize all touch-points for each business in one profile, send targeted communication to select group of businesses, track open rates and responses, integrate surveys and more. It offers a platform where staff members can collaborate and share knowledge that are critical in local business retention and expansion as well as attraction efforts.
The Bludot Technologies Agreement’s Terms and Conditions, includes a limitation of liability provision which caps damages at the amount paid to the company for the services under this agreed for the twelve months prior to the act that gave rise to the liability. for the license. The Bludot Technologies Agreement’s Terms and Conditions, also includes the following indemnity provision.
INDEMNITY
Company shall hold Customer harmless from liability to third parties resulting from infringement by the Services of any United States patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Services (i) not supplied by Company, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Services is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Services to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Services, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Services.
CONSEQUENCE OF NEGATIVE ACTION:
If approval is not granted, this software would not be available to aid with the County’s economic development efforts.