HomeMy WebLinkAbout20202748.tiffRESOLUTION
RE: APPROVE SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
BENCHMARK SOLUTIONS, LLC, DBA BENCHMARK ANALYTICS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Service Agreement for Weld County
Sheriff's Office Training Software between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and
Benchmark Solutions, LLC, dba Benchmark Analytics, LLC, commencing September 7, 2020,
with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Service Agreement for Weld County Sheriff's Office Training
Software between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Sheriff's Office, and Benchmark Solutions, LLC,
dba Benchmark Analytics, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of September, A.D., 2020, nunc pro tunc September 7, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
ddthA)
Weld County Clerk to the Board
BY:
AP
ounty Attorney
Date of signature: 0'
Mike Freeman, Chair
Steve
reno, Pro -Tern
Sc6tt1K. James
Kevin D. Ross
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2020-2748
SO0041
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Training Software for Sheriffs Office — Benchmark Analytics Inc.
DEPARTMENT: Weld County Sheriffs Office
DATE: 8-31-2020
PERSON REQUESTING: Lt. Kevin Halloran, Professional Standards; Sonja Kohlgraf, SO Budget Manager
Brief description of the problem/issue:
The Sheriffs Office is requesting a new training software from Benchmark Analytics. The comprehensive
software platform is a single source solution for current and historical training documents. Currently, the
Sheriffs Office has no software in place to document training. All files are stored locally on the County's
systems. The ability to research, locate and track training is next to impossible using the current procedure. The
Sheriffs Office will incorporate new Internal Affairs, Use of Force and Early warning signs modules in 2021
through the budget process.
In addition, the new software will make tracking of current and historical training documents easier and
more efficient. Training documents are routinely requested for court, civil lawsuits, and other open document
requests. The current manual hand -search process is time consuming and cumbersome. Utilizing Benchmark
Analytics will streamline the process.
Benchmark Analytics has recently contracted with the Colorado Peace Officer Standards and Training
(POST), which will enable uploading our training documents to their portal without having to manually enter
the training on a separate POST portal as we do now.
The new software costs $19,500 per year. The Sheriffs Office currently pays $9,700 annually for portions of
the modules provided by two separate vendors. The cost for the installment in 2020 will cost $12,000. This
amount is already covered in the 2020 budget. The annual increase will be $9,800 per year. The proposed
contract does state fees are subject to an annual increase of 4% in each subsequent year of the term. The
implementation would start in September of 2020 and the go -live date would be effective January 1st, 2021.
The Sheriffs Office collaborated with IT on this project. The software is considered a sole source as
Benchmark Analytics is under contract with Colorado POST. Other software vendors were not able to provide
an all in one system. The WC Attorney reviewed and has approved the legal language of the service agreement.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
The Board may approve the purchase of the new training software which will result in an enhanced mechanism
for the management of training documents within the Sheriffs Office or, reject the agreement. If the Board
rejects the agreement, the Sheriffs Office will follow the old process which is not efficient and combines
several sources instead of managing the records effectively by using a robust reporting engine and integrated
training modules.
Recommendation:
2020-2748
5000'-r /
We recommend the Board approve the agreement.
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Kevin D. Ross
Approve
Recommendation Work Session
Schedule
roe
Other/Comments:
((BENCHMARK
BENCHMARK ANALYTICS® SOFTWARE AS A SERVICE AGREEMENT
Benchmark Solutions LLC DBA Benchmark Analytics LLC ("Benchmark"
4619 N. Ravenswood Avenue
Suite 203
Chicago, IL 60640
supoort@benchmarkanalytics.com
This Software as a Service Agreement "Agreement is not valid until accepted
and signed by an authorized representative of Benchmark in Chicago, Illinois.
Effective Date: 09/07/2020
Client Information
Client: Weld County Sheriff Department
Address: 1950 "O" Street, Greeley, CO 80631
Contact: Kevin Halloran
Title: Lieutenant
Telephone: 970-400-2837
Email: khalloran@co.weld.co.us
I. Subscription Fees:
Client shall pay Benchmark annual subscription fees ("Fees") in the amount of $19,500 for each year of the Term. Benchmark is providing a credit for the year one in the
amount of $7500. This credit is valid through 8/21/2020. Fees are subject to an annual increase up to 4% in each subsequent year of the Term. Client shall pay Fees for each
subsequent year of the Term on or before the subsequent anniversary of the Effective Date.
Year
Fee
Modules
Year 1 (09/07/20-09/06/21)
$12,000
Training (TMS & FTO)
Year 2 (09/07/21-09/06/22)
$19,500
Training, Use of Force, & Interal Affairs
Year 3 (09/07/22-09/06/23)
$19,500
Training, Use of Force, & Interal Affairs
II. Service Level Specifications:
Other than scheduled downtime, Benchmark strives for a high level of system availability above 99%. ("Service Level Specifications"). Benchmark will use commercially
reasonable efforts to conform to the Service Level Specifications when accessed and used in accordance with this Agreement. If in a calendar month the Service Level
Specifications are not met Benchmark shall credit Client with one month of Fees, to be applied toward the following year's subscription. Benchmark shall be responsible only
for failures to meet the Service Level Specifications due to conditions that are within Benchmark's reasonable control. In order to obtain a service credit, Client must notify
Benchmark in writing of any problem. Client's sole and exclusive remedy and Benchmark's sole and exclusive obligation with respect to any breach of the Service Level
Specifications is the credit set forth in this Article II.
III. Additional Terms:
1. Access and Use. Benchmark has developed a software application designed for its clients' personnel to enter, manage, track, report and analyze various law
enforcement -related information and to perform other incidental and subsidiary functions, known as "Benchmark Analytics" (the "Services"). Subject to and
conditioned on Client's payment of Fees and compliance with all other terms and conditions of this Agreement, Benchmark hereby grants Client a non-exclusive,
non -transferable right to access and use the Services indicated below, during the Term, solely for use by Client's administrators, employees and other Client -
authorized persons or entities ("Users") in accordance with the terms and conditions herein and any additional terms applicable to Users. Such use is limited to
Client's internal use. Benchmark shall provide to Client the necessary passwords, security codes and network links or connections to allow Client to access the
Services ("Access Credentials").
® Benchmark Management System® (BMS)
® Use of Force ❑ Officer Profile
® Training — ❑ FTO only ❑ Activity
® Internal Affairs ❑ Community Engagement
❑ Performance Evaluation ® Trigger Based Early Warning
❑ First Sign® Early Intervention System (35% of total license fee attributable to First Sign® if BMS and C.A.R.E. are selected)
❑ Case Action Response Engine® (C.A.R.E.)
❑ 0 Total Quantity of Integrations:
® 2 Total Quantity of Data Migrations: IAPro & ADORE
2. Term. The term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant to this Agreement's express provisions, will continue in
effect until three (3) years from the Effective Date (the "Initial Term"), and will automatically renew for up to two (2) additional one (1) year terms (collectively the
"Term"). Implementation of Benchmark's Training Module will begin on the Effective Date. Implementation of Benchmark's Internal Affairs and Use of Force
modules will begin in the first calendar quarter of 2021. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of
County to expend funds not otherwise appropriated in each succeeding year.
3. Restrictions.
a. Client may only use the Services strictly in accordance with (1) all applicable laws, including without limitation, employment laws and data privacy and security
laws, (2) the supporting materials ("User Materials") provided by Benchmark, and (3) any other restrictions and requirements set forth herein. Client agrees
that while the Services and the reports generated for Client ("Client Reports") may be used by Client in employment -related matters, they are not designed
to be, nor shall they be, utilized as the substantial or sole factor in any employment -related decisions and are only designed to provide information to Client.
Benchmark shall not be responsible for Clients' or its Clients' employees' use of the Services or any Client Reports generated by the Service. All employment -
related decisions of Client, including without limitation the termination or discipline of any employee of Client, and Client's use of the Services, is at the sole
discretion and responsibility of Client, and Benchmark shall have no responsibility whatsoever for any such decisions. In no event shall Benchmark be required
to monitor or supervise the use of the Services by Client or any authorized users and compliance with the terms of this Agreement by all authorized users
shall at all times be and remain the Client's sole responsibility.
b. Client shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Client shall not at any time, directly or indirectly,
permit any Users or any third -party to: (i) copy, modify, or create derivative works of the Services or User Materials, in whole or in part; (ii) rent, lease, lend,
sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or User Materials; (iii) reverse engineer, disassemble,
decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any
proprietary notices from the Services or User Materials, misappropriates, or otherwise violates any intellectual property (IP) right or other right of any person,
or that violates any applicable law; or (vi) use the Services or User Materials for the purpose of creating any competing or similar service or software.
ENCHMARK
CIE)
4. Intellectual Property.
a. Benchmark acknowledges that, as between Benchmark and Client, Client owns all right, title, and interest, including all intellectual property rights, in and to
information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Client or a User through
the Services ("Client Data"). Client hereby grants to Benchmark (i) a non-exclusive, royalty -free, worldwide license to reproduce, distribute, and otherwise
use and display the Client Data and perform all acts with respect to the Client Data as may be necessary for Benchmark to provide the Services to Client; and
(ii) a non-exclusive, perpetual, irrevocable, royalty -free, worldwide license to reproduce, distribute, modify, and otherwise use, prepare derivative works from,
and display Client Data (a) to evaluate, enhance and improve the Services and future products and services (subject to the confidentiality obligations in
Section 8); (b) for Research Purposes; and (c) to the extent incorporated within the Aggregated Statistics. "Research Purposes" means the use of Client Data
for research, educational, evaluative or related purposes, provided that if such Client Data is disclosed to a third -party, it shall not directly identify any
individual or agency and shall comply with applicable confidentiality obligations.
b. Client acknowledges that, as between Client and Benchmark, Benchmark and its licensors own all right, title, and interest, including all intellectual property
rights, in and to the Services, all underlying software for the Services, the User Materials, and any and all intellectual property provided to Client or any User
in connection with the foregoing, including, without limitation, Aggregated Statistics and any information, data, or other content derived from Benchmark's
monitoring of Client's access to or use of the Services ("Benchmark IP"). For the avoidance of doubt, Benchmark IP excludes Client Data.
5. Aggregate Statistics. Notwithstanding anything to the contrary in this Agreement, Benchmark may monitor Client's use of the Services and collect and compile
data and information related to Client's use of the Services that is used by Benchmark in an aggregate and anonymized manner, including, but not limited to,
compilation of statistical and performance information related to the provision and operation of the Services ("Aggregated Statistics"). As between Benchmark
and Client, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Benchmark. Client
acknowledges that Benchmark may compile Aggregated Statistics based on Client Data input into the Services; provided, that such Aggregated Statistics do not
identify Client or Client's Confidential Information.
6. Support Services. Benchmark shall provide a customer support number for client. The customer support line may be accessed through a toll -free telephone
number (1 -888 -40 -BENCH) or via e-mail (support@benchmarkanalytics.com) and will be available Monday through Friday 8:00AM - 6:00PM (CST), excluding all
federal holidays. In the event of a system wide outage, the client shall be provided with a 24 -hour hotline for immediate response.
7. Client's Obligations.
a. Client is responsible and liable for all uses of the Services and User Materials resulting from access provided by Client, directly or indirectly, whether such
access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Client is responsible for all acts and omissions
of Users, and any act or omission by a User that would constitute a breach of this Agreement if taken by Client will be deemed a breach of this Agreement
by Client. Client shall make all Users aware of this Agreement's provisions as applicable to such User's use of the Services, and shall cause Users to comply
with all such provisions.
b. Client understands and agrees that (i) Client is responsible for obtaining and installing all software and/or hardware upgrade, fixes, or enhancements required
by the applicable browser software; and (ii) that Benchmark is not responsible for any compromise of data transmitted across computer networks or
telecommunications facilities, including, but not limited, to the Internet.
c. Client shall be responsible for: (i) securely administering the distribution and use of all Access Credentials and protection against any unauthorized access to
or use of the Services; and (ii) controlling the content and use of Client Data, including the uploading or other provision of Client Data to or through the
Services and the accuracy thereof. Client shall immediately notify Benchmark if Client becomes aware of any loss or theft or unauthorized use of any Access
Credentials.
d. Client shall immediately notify Benchmark if it becomes aware that the Services, or Client's use of the Services, violates or potentially violates any applicable
laws.
e. Client is solely responsible for maintaining the confidentiality of Client's user name(s) and password(s
8. Mutual Obligations. "Confidential Information" means any information that includes the following: (a) for Benchmark, all information relating to its business affairs,
products, technology (including, but not limited to, source code, research and/or analytics), confidential intellectual property, trade secrets, third -party confidential
information and other sensitive or proprietary information; and (b) for Client, the identities of its Users, records of interactions with the Users, and Client Data
(including, but not limited to, information regarding Client's employees). Neither party shall disclose any Confidential Information of the other party to any person
or entity, except to those of its employees or contractors who require access to it in order for the party to be able to perform its obligations under this Agreement,
and who are bound by confidentiality obligations consistent with the terms of this Section, and except to the extent otherwise permitted by the licenses granted
in Sections 5 The receiving party shall be responsible and liable for compliance with this Section by its employees and contractors. This Section does not apply
to any information that (i) becomes generally publicly available other than as a result of improper disclosure by the receiving party; (ii) is independently developed
by the receiving party without use of the Confidential Information of the disclosing party; (iii) becomes available on a non -confidential basis from a third -party that
is not bound by confidentiality; or (iv) is known to the receiving party at the time of disclosure. To the extent required by any applicable law, regulation, or order
of any court or governmental body, disclosure of Confidential Information is not a breach of this Agreement; provided, that the party required to disclose it (a)
promptly, and prior to such disclosure, notifies the other party so that it can seek a protective order or other remedy, and (b) prior to any disclosure, asserts the
confidential nature of the Confidential Information.
9. Indemnification. Benchmark shall indemnify, defend, and hold harmless Client from and against any and all losses, damages, liabilities, costs (including reasonable
attorneys' fees) ("Losses") incurred by Client resulting from any third -party claim, suit, action, or proceeding ("Third -Party Claim") that the Services, or any use of
the Services in accordance with this Agreement, infringes or misappropriates such third -party's valid U.S. patent or copyright, provided that Client promptly
notifies Benchmark in writing of the claim, cooperates with Benchmark, and allows Benchmark sole authority to control the defense and settlement of such claim.
If such a claim is made or appears possible, Client agrees to permit Benchmark, at Benchmark's sole discretion, to (i) modify or replace the Services, or component
or part thereof, to make it non -infringing, or (ii) obtain the right for Client to continue use. This Section will not apply to the extent that the alleged infringement
arises from: (i) use of the Services in combination with data, software, or technology not provided by Benchmark or authorized by Benchmark in writing; (ii)
modifications to the Services not made by Benchmark; (iii) failure to timely implement any modifications, upgrades, replacements or enhancements made available
to Client by or on behalf of Benchmark; or (iv) Client Data or any other Client materials. THIS SECTION SETS FORTH CLIENT'S SOLE REMEDIES AND
BENCHMARK'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE,
MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD -PARTY.
10. Limited Warranty; Disclaimer of Warranties.
a. Benchmark warrants that the Services will substantially perform according to written functional specifications provided by Benchmark from time to time.
b. THE SERVICES AND BENCHMARK IP ARE PROVIDED "AS IS" AND BENCHMARK HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE. BENCHMARK SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON -INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE
PRACTICE. EXCEPT AS STATED IN SECTION 9, BENCHMARK MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES AND BENCHMARK IP, OR
ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CLIENT'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT
INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE,
ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
(BENCHMARK
11. Limitation of Liability. IN NO EVENT WILL BENCHMARK BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE
THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL,
INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) DAMAGES OF ANY NATURE WHATSOVER IN CONNECTION
WITH, RELATED TO OR ARISING OUT OF ANY TERMINATION OR DISCIPLINE OF A CLIENT EMPLOYEE, OR ANY CLIENT EMPLOYMENT -RELATED MATTER,
(c) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (d) LOSS OF GOODWILL OR REPUTATION; (e)
USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY CLIENT DATA, OR BREACH OF CLIENT DATA OR SYSTEM SECURITY; OR (f)
COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER BENCHMARK WAS ADVISED OF THE POSSIBILITY OF SUCH
LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL BENCHMARK'S LIABILITY ARISING OUT OF
OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, AND OTHERWISE EXCEED $250,000.
12. Time to File Claims. No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than two (2) years after the
cause of action was discovered or should have been discovered.
13. Termination.
a. In addition to any other express termination right set forth in this Agreement, this Agreement may be terminated as follows: by Benchmark, if Client is in
breach of any payment obligation contained in this Agreement and fails to cure such breach within ninety (90) days written notice of such breach by
Benchmark; or by either party, if the other party is in material breach of any other provision of this Agreement (other than Client's obligation to pay Fees), by
written notice to the other party effective sixty (60) days after the receipt of such notice unless the other party cures such breach within the sixty (60) day. In
addition, Benchmark may terminate this Agreement immediately upon notice to Client in the event Client breaches its obligations under Section 4 above.
Upon expiration or earlier termination of this Agreement, (i) Client shall immediately discontinue use of the Benchmark IP and, without limiting Client's
obligations under Section 8, Client shall delete, destroy, or return all copies of the Benchmark IP; and (ii) Benchmark may immediately deactivate Client's
account, and, after providing Client with ninety (90) days limited access to the Services for the sole purpose of permitting Client to retrieve Client Data, delete
Client's account and bar any further access to such information and the Services. Client understands and agrees that Benchmark is not liable to Client, its
Users, or any third -party for any termination of Client's access to the Services or deletion of Client Data or any other data of any kind.
b. This Section 13, and Sections 3, 4, 5, 8, 9, 10, 11,12, 13 and 15 through 22 of Article III will survive any termination or expiration of this Agreement.
14. Public Disclosure. Client grants to Benchmark the right to publicly disclose the fact that Client is using the Services of Benchmark.
15. Severability. Each paragraph and provision of this Agreement is severable from the entire Agreement, and, if one provision is declared invalid, the remaining
provisions shall remain in effect and the invalid provision shall be reformed and amended to the extent needed to be valid.
16. Force Majeure. In no event shall Benchmark be liable to Client, or be deemed to have breached this Agreement, for any failure or delay in performing its
obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Benchmark's reasonable control, including
but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other
industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
17. Taxes. Fees do not include any local or state sales, value added, use or other applicable excise taxes now in force or enacted in the future, any assessment of
which shall be paid by Client. Without limiting the foregoing, Client shall promptly pay to Benchmark any amounts actually paid or required to be collected or
paid by Benchmark pursuant to any statute, ordinance, rule or regulation of any legally constituted taxing authority.
18. Entire Agreement Amendment Waiver. This Agreement supersedes all prior agreements and understandings between Client and Benchmark, including any
representations, expressed or implied. Client acknowledges that this Agreement may not be changed or terminated orally. No change, termination or attempted
waiver of any of the provisions of this Agreement shall be binding unless in writing and signed by an authorized representative of the party against who the same
is sought to be enforced. The parties, each acting under proper authority, have signed this Agreement on the date indicated below. Except as otherwise set forth
in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed
as a waiver thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or
the exercise of any other right, remedy, power, or privilege.
19. Notices. Any notices required or permitted under this Agreement shall be in writing and shall be effective when delivered in person or sent by registered or
certified mail, return receipt requested, with proper postage affixed, or by personal courier to the address set forth in this Agreement or any more recent address
to which the sending party has been apprised.
20. Relationship of the Parties. Benchmark and Client are independent contractors. Neither party shall make any contracts, warranties, representations, or assume
or create any other obligations, whether express or implied, in the other party's name or on its behalf.
21. Assignment. Neither party may assign this Agreement or any of its rights or obligations under this Agreement without the prior written consent of the other party;
provided that Benchmark shall have the right to assign its rights and obligations hereunder to its parent, subsidiary, or affiliate or a successor (including any
successor through merger, consolidation or any other form of acquisition resulting in a change of control of Benchmark) upon notice to Client. Any purported
assignment of rights in violation of this Section is null and void.
22. Third -party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person or entities other than Benchmark and
Client.
BY SIGNING BELOW, EACH PARTY CERTIFIES THAT IT HAS READ AND AGREES WITH AND SHALL BE BOUND BY THE TERMS HEREOF.
Board of Weld County Commissioners
on behalf of
Client Weld County Sheriff Department Benchmark Solutions LLC DBA Benchmark Analytics LLC
Signature: Signature:
Name:
Title:
Date:
Mike Freeman
BOCC Chair
09/09/2020
Name: Ron Huberman
Title: CEO
Date: 8-31-2020
02002e, —c,17 I(
Contract Form
ew Contract Request
Entity Information
Entity Name* Entity ID*
BENCHMARK ANALYTICS LLC @00042659
Contract Name*
Contract ID
TRAINING SOFTWARE FOR PROFESSIONAL STANDARDS 4080
Contract Status
CTB REVIEW
Contract Lead*
SKANETA
❑ New Entity?
Parent Contract ID
Requires Board Approval
YES
Contract Lead Email Department Project #
skaneta@co.weld.co.us,
skohlgraf@weldgov. cum
Contract Description*
YEAR 1 2020-2021 $12,000 FOR TRAINING (TMS&FTO)MODULE, YEAR 2 $19,500 $19,500 FOR TRAINING, USE OF FORCE,
INTERNAL AFFAIRS: YEAR 3 $19,500 FOR TRAINING. USE OF FORCE & INTERNAL AFFAIRS
Contract Description 2
Contract Type*
AGREEMENT
Amount *
$12,000.00
Renewable*
NO
Automatic Renewal
NO
Grant
ICA
Department
SHERIFF
Department Email
C M -S h eriff@weldgov _ c om
Department Head Email
CM-Sheriff-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELD
GOV.COM
Requested BOCC Agenda
Date*
09/09/2020
Due Date
09/05/2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
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 Review Date* Renewal Date
06/01/2023
Termination Notice Period Committed Delivery Date Expiration Date*
09/09/2023
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
DONNIE PATCH
DH Approved Date
09/02/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
09/09/2020
Originator
SKOHLGRAF
Contact Type Contact Email
Finance Approver
BARB CONNOLLY
Contact Rhone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
09/03/2020
Tyler Ref It
AG 090920
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
09/03/2020
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