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HomeMy WebLinkAbout20253097.tiffCon kvac}-l'1 I 00 57 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Law Enforcement Contract Demographic Reporting Renewal 2026 DEPARTMENT: Weld County Sheriffs Office DATE: 10/21/2025 PERSON REQUESTING: Lt. Marcy Roles -Foos, Professional Standards Brief description of the problem/issue: The Sheriffs Office is statutorily mandated to provide demographic information to the State regarding all law enforcement contacts that our deputies have during the course of their duties. This is ultimately the result of Senate Bill 217 (2020), and House Bill 1250 (2021) which were enacted to address law enforcement accountability. In 2020 the Sheriffs Office worked with Weld County IT and found no apparent in-house solution. The Sheriffs Office found a solution in an app called "Citizen Contact", by SmartForce. The cost for 2026 is $6,798.64. This cost is budgeted. What options exist for the Board? The BOCC may approved this request to accept the terms and conditions of the SMARTFORCE Citizen Contact app, and the Sheriffs Office will continue to use Citizen Contact without interruption. The project manager will then accept the terms and conditions within the Citizen Contact app, enabling our users to continue utilizing the app. The BOCC may deny this request and require the Sheriffs Office to find another solution that will allow us to comply with Colorado law. Consequences: The demographic information that we are required to report is very complex and detailed, and finding another solution will take time. If we are required to find another solution, we will be violating Colorado law until a solution is in place. Impacts: N/A Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Current cost for 2025 $3,534.64 $49.99 per user for 2026 (up to $6,798.64) $99.99 per user every subsequent year after 2026 (up to $13,598.64) ***These reduced rates are the result of a special grant applied by Citizen Contact*** Recommendation: IT and Legal reviewed the 2026 extension and approved the terms and conditions. The Sheriffs Office recommends the extension of this contract for 2026. CunSeYrF �2nc�a 11 /I Z/2 cc: 6 IrlUCA Sf (SOS VI2/ZS 2025-3097 S0 OOYkCo Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross SmartForce Technologies, Inc. 6400 S Fiddlers Green Cir Ste 300 Greenwood Village, CO 80111 (303) 800-6998 accounting@smartforcetech.com www.smartforcetech.00m ADDRESS Weld County Sheriffs Office 1950 O Street Greeley, CO 80631 SMARTFORCE® Quote 2026 Weld CC Renewal Date: 01101/2026 Subscription Period: 01/01/2026 - 12/31/2026 r rt Q Payment accepted via Stripe in the CitizenContact portal. All invoices are issued via Stripe. 6,798.64 CitizenContact annua renewal: 136 users at $49.99 per user. (One-time 50% Discount). Future pricing: 2027 Renewal will be at standard CitizenContact pricing: $99.99 per user. Accepted By: Board of County Commissioners Weld County, ColoraJo Perry L. Bt�tk, Chair Attest: Esther E. Gesick, Cler< to the Board By: �� (,i,71 (611ftt17 Deputy Clerk to the Bcard SUBTOTAL TAX Accepted Date NOV 1 2 2025 6,798.64 0.00 Payment accepted via Stripe in the CitizenContact portal only. All invoices are issued via Stripe. zoz'5 e30`r7 CITIZENCONTACT SERVICE SUBSCRIPTION AGREEMENT IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. THE CITIZENCONTACT SERVICE (AS DEFINED BELOW) IS PROVIDED TO SUBSCRIBER BY SMARTFORCE TECHNOLOGIES, INC. ("SMARTFORCE") SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS SERVICE SUBSCRIPTION AGREEMENT ("AGREEMENT"). BY USING THE CITIZENCONTACT SERVICE, CLICKING ON THE "I ACCEPT" BUTTON, OR BY COMPLETING THE REGISTRATION PROCESS FOR THE CITIZENCONTACT SERVICE, YOU: (1) AGREE TO THE TERMS OF THIS AGREEMENT, AND (2) REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE SUBSCRIBER, AND TO BIND THAT ENTITY TO THIS AGREEMENT. IF YOU DO NOT FULLY AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE CITIZENCONTACT SERVICE. THE TERM "SUBSCRIBER" MEANS THE ORGANIZATION TO WHICH THE CITIZENCONTACT SERVICE IS PROVIDED. EACH AND EVERY PERSON USING THE CITIZENCONTACT SERVICE ON BEHALF OF THE SUBSCRIBER REPRESENTS AND WARRANTS THAT HE OR SHE HAS THE AUTHORITY TO DO SO ON SUBSCRIBER'S BEHALF. IF SUBSCRIBER HAS ENTERED INTO A SIGNED HARDCOPY AGREEMENT REGARDING THE SUBJECT MATTER HEREOF WITH SMARTFORCE, THEN THAT SIGNED HARDCOPY AGREEMENT GOVERNS SUBSCRIBER'S USE OF THE CITIZENCONTACT SERVICE. 1. DEFINITIONS. As used in this Agreement: 1.1 "Access Protocols" means the passwords, access codes, technical specifications, connectivity standards or protocols, or other relevant procedures, as may be necessary to allow Subscriber or any Authorized Users to access the CitizenContact Service. 1.2 "Authorized User" means Subscriber's employees, representatives, consultants, contractors or agents who are authorized to use the CitizenContact Service on behalf of Subscriber and have been supplied user identifications and passwords for this purpose. 1.3 "CitizenContact Service" means the field stop data management application delivered by SmartForce to Subscriber using the CitizenContact System. 1.4 "CitizenContact System" means the technology, including software, used by SmartForce to deliver the CitizenContact Service to Subscriber. 1.5 "Documentation" means the technical materials provided or made available by SmartForce to Subscriber that describe the features, functionality or operation of the CitizenContact System. 1.6 "Intellectual Property Rights" means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, and other proprietary rights of every kind and nature other than trademarks, service marks, trade dress, and similar rights; and (f) all registrations, applications, renewals, extensions, or reissues of the foregoing, in each case in any jurisdiction throughout the world. 1.7 "Subscriber Data" means any data provided, imported or uploaded by Subscriber with the CitizenContact Service. 2. PROVISION OF SERVICES 2.1 License Grant. Subject to the terms and conditions of this Agreement, SmartForce grants to Subscriber a non-exclusive, non- transferable, non-sublicensable license to, during the Term (as defined below), solely for Subscriber's internal business purposes and in accordance with the Documentation and the limitations set forth in Section 4.2, (a) access and use the CitizenContact Service; (b) internally use and reproduce the Documentation; and (c) grant Authorized Users the right to access and use the CitizenContact Service. 2.2 Access. SmartForce will provide to Subscriber the necessary passwords, security protocols and policies and network links or connections and Access Protocols to allow Subscriber and its Authorized Users to access the CitizenContact Service in accordance with the Access Protocols. Subscriber will use commercially reasonable efforts to prevent unauthorized access to, or use of, the CitizenContact Service, and notify SmartForce promptly of any such unauthorized use known to Subscriber. 2.3 Authorized Users. Subscriber may permit any Authorized Users to access and use the features and functions of the CitizenContact Service as contemplated by this Agreement. Each Authorized User will be assigned a unique user identification name and password ("User ID") for access to and use of the CitizenContact Service. User IDs cannot be shared or used by more than one Authorized User at a time. 2.4 Restrictions. Subscriber will not, and will not permit any Authorized User or other party to: (a) use the CitizenContact Service to harvest, collect, gather or assemble information or data regarding any other person in violation of applicable law; (b) knowingly interfere with or disrupt the integrity or performance of the CitizenContact Service or the data contained therein; (c) reverse engineer, disassemble or decompile any component of the CitizenContact System; (d) interfere in any manner with the operation of the CitizenContact Service, or the CitizenContact System or the hardware and network used to operate the CitizenContact Service; (e) sublicense any of Subscriber's rights under this Agreement, or otherwise use the CitizenContact Service for the benefit of a third party or to operate a service bureau; (f) modify, copy or make derivative works based on any part of the CitizenContact Service; (g) access or use the CitizenContact Service to build a similar or competitive product or service or attempt to access the CitizenContact Service through any unapproved interface; or (h) otherwise use the CitizenContact Service in a manner inconsistent with applicable law, the Documentation, or this Agreement. Subscriber acknowledges and agrees that the CitizenContact Service will not be used, and are not licensed for use, in connection with any of Subscriber's time -critical or mission -critical functions. 3. . OWNERSHIP OF SMARTFORCE TECHNOLOGY 3.1 SmartForce Technology. Subscriber acknowledges that SmartForce retains all right, title and interest in and to the CitizenContact System, CitizenContact Service and Documentation and all software and all SmartForce proprietary information and technology used by SmartForce or provided to Subscriber in connection with the CitizenContact Service (the "SmartForce Technology"), and that the SmartForce Technology is protected by Intellectual Property Rights owned by or licensed to SmartForce. Other than as expressly set forth in this Agreement, no license or other rights in the SmartForce Technology are granted to Subscriber. 3.2 Feedback. Subscriber hereby grants to SmartForce a royalty -free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the CitizenContact Service any suggestions, enhancement requests, recommendations or other feedback provided by Subscriber, including Authorized Users, relating to the CitizenContact Service. SmartForce will not identify Subscriber as the source of any such feedback. 3.3 Third Party Software. The CitizenContact Service may utilize, contain or otherwise use certain third -party software (collectively, the "Third Party Software"). Third Party Software may be subject to additional licensing terms, which SmartForce may deliver or make available from time to time to Subscriber, which are incorporated herein by reference, and which supersede any contradictory terms in this Agreement. 4. FREE SERVICES. The CitizenContact Services is currently made available free of charge. SmartForce, however, reserves the right to 215999796 v4 1-1-2020 charge for the CitizenContact Services in the future and change its billing and payment policies upon prior notice. 5. SUBSCRIBER DATA AND RESPONSIBILITIES. 5.1 Responsibilities. Subscriber and its Authorized Users shall have access to the Subscriber Data and shall be responsible for all changes to and/or deletions of Subscriber Data and the security of all User IDs and other Access Protocols required in order the access the CitizenContact Service. Subscriber shall have the ability to export Subscriber Data out of the CitizenContact Service and is encouraged to make its own back-ups of the Subscriber Data. Subscriber shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Subscriber Data. 5.2 Use of Subscriber Data. As between Subscriber and SmartForce, Subscriber will at all times remain the exclusive owner of such Subscriber Data. Subscriber hereby grants to SmartForce a non- exclusive, worldwide, royalty -free and fully paid license (a) to use the Subscriber Data as necessary to provide the CitizenContact Service to Subscriber; (b) to use aggregated and anonymized Subscriber Data (i) to improve the CitizenContact Service and SmartForce's related product and service offerings; (ii) to create new products and services relating to the CitizenContact Service (including analytics services such as providing benchmarking); and (iii) to generate and disclose statistics regarding use of the CitizenContact Service, provided, however, that no Subscriber -only statistics will be disclosed to third parties without Subscriber's consent; and (c) as necessary to comply with applicable laws, rules and regulations. Except as expressly specified in this Agreement, Subscriber's provision of or SmartForce's collection of the Subscriber Data hereunder does not transfer to SmartForce or any third party any tights in or ownership thereof. 5.3 Data Security. SmartForce will use commercially reasonable administrative, physical and technical measures designed to protect the confidentiality of Subscriber Data. SmartForce will promptly notify Subscriber of any known or suspected loss or unauthorized access, use or disclosure of any Subscriber Data. 6. DISCLAIMER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CITIZENCONTACT SERVICE, CITIZENCONTACT SYSTEM AND DOCUMENTATION ARE PROVIDED AS IS," "AS AVAILABLE," AND WITH ALL FAULTS, AND SMARTFORCE AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, RELATING TO THE CITIZENCONTACT SERVICE, CITIZENCONTACT SYSTEM AND DOCUMENTATION WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SMARTFORCE DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE CITIZENCONTACT SERVICE AND THE CITIZENCONTACT SYSTEM SHALL BE UNINTERRUPTED, SECURE, OR ERROR -FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER. 7. LIMITATION OF LIABILITY 7.1 Types of Damages. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER SMARTFORCE NOR ITS AFFILIATES, SUPPLIERS OR LICENSORS WILL BE LIABLE TO SUBSCRIBER FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, REVENUE, GOODWILL, PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE CITIZENCONTACT SERVICE, THE CITIZENCONTACT SYSTEM OR THE DOCUMENTATION, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF SMARTFORCE HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES. 7.2 Amount of Damages. THE MAXIMUM LIABILITY OF SMARTFORCE ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT SHALL EXCEED NOT ONE THOUSAND DOLLARS ($1,000). IN NO EVENT SHALL SMARTFORCE'S SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE SMARTFORCE'S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF SMARTFORCE OR ITS EMPLOYEES OR AGENTS OR FOR DEATH OR PERSONAL INJURY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO SUBSCRIBER. 7.3 Basis of the Bargain. The parties agree that the limitations of liability set forth in this Section 7 shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the prices have been set and the Agreement entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties. 8. TERM AND TERMINATION 8.1 Term. This Agreement commences on the date Subscriber accepts this Agreement and will continue until terminated in accordance with the terms herein (the "Term"). 8.2 Termination. Either party may terminate this Agreement upon thirty (30) days prior written notice. In addition, SmartForce may terminate this Agreement immediately upon notice Subscriber, if Subscriber materially breaches this Agreement, and such breach remains uncured more than five (5) days after receipt of written notice of such breach. 8.3 Effect of Termination. Upon termination or expiration of this Agreement for any reason: (a) all rights and obligations of both parties, including all licenses granted hereunder, shall immediately terminate; and (b) for thirty (30) days following after the effective date of termination, SmartForce will make available the Subscriber Data for export by Subscriber, after which time SmartForce shall discontinue all use of Subscriber Data and destroy all copies of Subscriber Data in its possession. The Sections titled Definitions, Restrictions, Ownership, Disclaimers, Limitation of Liability, Effect of Termination, and Miscellaneous will survive expiration or temtination of this Agreement for any reason. 9. MISCELLANEOUS 9.1 Governing Law and Venue. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. 9.2 Compliance with Laws. Subscriber shall at all times comply with all international and domestic laws, ordinances, regulations, and statutes that are applicable to its purchase and use of the CitizenContact Services hereunder, including, but not limited to those relating to open records requests. 9.3 Export. Subscriber agrees not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from SmartForce, or any products utilizing such data, in violation of the United States export laws or regulations. 215999796 v4 1-1-2020 9.4 Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. 9.5 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. 9.6 Remedies Except as provided in Section 10, the parties' rights and remedies under this Agreement are cumulative. Subscriber acknowledges that the CitizenContact Services and Documentation contain valuable trade secrets and proprietary information of SmartForce, that any actual or threatened breach by Subscriber of its obligations with respect to Intellectual Property Rights of SmartForce will constitute immediate, irreparable harm to SmartForce for which monetary damages would be an inadequate remedy. In such case, SmartForce will be entitled to immediate injunctive relief without the requirement of posting bond, including an order that any CitizenContact Services, Documentation, or any portions thereof, that Subscriber attempts to import into any country or territory be seized, impounded and destroyed by customs officials. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive. 9.7 No Assignment. Neither party shall assign, subcontract, delegate, or otherwise transfer this Agreement, or its rights and obligations herein, without obtaining the prior written consent of the other party, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void; provided, however, that either party may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without any consent of the other party. The terms of this Agreement shall be binding upon the parties and their respective successors and permitted assigns. 9.8 Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as possible. 9.9 Independent Contractors. Subscriber's relationship to SmartForce is that of an independent contractor, and neither party is an agent or partner of the other. Subscriber will not have and will not represent to any third party that it has, any authority to act on behalf of SmartForce. 9.10 Notices. Each party must deliver all notices or other communications required or permitted under this Agreement in writing to the other party by courier, by certified or registered mail (postage prepaid and return receipt requested), or by a nationally -recognized express mail service. Notice will be effective upon receipt or refusal of delivery. If delivered by certified or registered mail, any such notice will be considered to have been given five (5) business days after it was mailed, as evidenced by the postmark. If delivered by courier or express mail service, any such notice shall be considered to have been given on the delivery date reflected by the courier or express mail service receipt. Each party may change its address for receipt of notice by giving notice of such change to the other ply 9.11 Entire Agreement. This Agreement is the fmal, complete and exclusive agreement of the parties with respect to the subject matters hereof and supersedes and merges all prior discussions between the parties with respect to such subject matters. Any preprinted terms included in any purchase corder that are different from or are in addition to the terms of this Agreement shall be void and of no force or effect. No modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, will be effective unless in writing and signed by an authorized signatory of Subscriber and SmartForce. 215999796 v4 1-1-2020 Contract Form Entity Information Entity Name* Entity ID* SMARTFORCE TECHNOLOGIES INC @00045716 Q New Entity? Contract Name * Contract ID 2026 CITIZEN CONTACT SOFTWARE APP BY 10037 SMARTFORCE RENEWAL Contract Status CTB REVIEW Contract Lead * TMATTHEWS Contract Lead Email tmatthews@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description LAW ENFORCEMENT CONTRACT DEMOGRAPHIC REPORTING RENEWAL, 2026 - THE SHERIFF'S OFFICE IS STATUTORILY MANDATED TO PROVIDE DEMOGRAPHIC INFO TO THE STATE REGARDING ALL LAW ENFORCEMENT CONTACTS FROM DEPUTIES DURING COURSE OF THEIR DUTIES. Contract Description 2 SPECIAL PRICING AS RESULT OF SPECIAL GRANT APPLIED BY CITIZEN CONTACT. COST FOR 2026 IS $49.99/USER (UP TO $6,798.64) COST FOR 2027 IS $99.99/USER (UP TO $13,598.64) Contract Type* Department RENEWAL SHERIFF Amount* $6,798.64 Renewable YES Automatic Renewal Grant IGA Department Email CM-Sheriff@weld.gov Department Head Email CM-Sheriff- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Requested BOCC Agenda Date* 11/10/2025 Due Date 11/06/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 10/01/2026 Renewal Date* 01/01/2027 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DONNIE PATCH RUSTY WILLIAMS BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 11/07/2025 11/07/2025 11/07/2025 Final Approval BOCC Approved Tyler Ref # AG 111225 BOCC Signed Date Originator TMATTHEWS BOCC Agenda Date 11/12/2025 Hello