HomeMy WebLinkAbout20122906.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR TEMPORARY INFORMATION TECHNOLOGY
CONTRACT WORKERS TO ASSIST WITH 2012 GENERAL ELECTION AND
AUTHORIZE CHAIR TO SIGN -TEKSYSTEMS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and, is vested with the authority of administering the affairs of Weld County,
Colorado, and
WHEREAS, the Board has been presented with a Temporary Information Technology
Contract Workers to Assist with 2012 General Election between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Clerk and Recorder's Office and TEKsystems, commencing October 15, 2012, and ending
November 15, 2012, 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 agreement for Temporary Information Technology Contract
Workers to Assist with 2012 General Election between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Clerk and
Recorder's Office and TEKsystems 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 15th day of October, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:\-trtiVaat
_Bean P. on a , Chair /
Weld County Clerk to t t B.
'••���` William F. arcia, Pro-Te
BY:
Deputy Clerk to the Bo��'w
�►�,;.�,,— ar Kirkmeyer
1
AP ED AS ORM: cK,
David E. Long
Attorney EXCUSED
�o/f Douglas Rademacher
Date of signature: k-J
CC'C/9490) e� ,e(M4)
3 EG006
/- 02CAR 2012-2906
G0066
AGREEMENT FOR TEMPORARY INFORMATION TECHNOLOGY CONTRACT WORKERS TO
ASSIST WITH THE 2012 GENERAL ELECTION
THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is
1150 O Street, Greeley, Colorado, 80632 ("County"), and TEKsystems, a Maryland Corporation,whose
local branch address is 1200 South College Avenue, Fort Collins, Colorado, 80524 , ("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to supply temporary
contract workers to perform services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is willing to perform
the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties
hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor hereby accepts engagement
by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from October 15, 2012, through and until November 15, 2012.
3. Services to be Performed. Contractor agrees to provide the following supplemental staffing services to
County, under the technical direction of County pursuant to the terms of this Agreement:
A. TEKsystems shall provide 1 temporary contract worker to County to assist with the 2012 General
Elections for the period from October 19, 2012, through November 7, 2012. This temporary contract
worker shall provide services only on weekdays unless further agreed to in writing by both parties to this
Agreement.
B. TEKsystems shall provide 9 temporary contract workers to County to assist with the 2012 General
Elections for the period from November 2, 2012, through November 7, 2012. Two of the 9 temporary
contract workers will work Saturday, November 3, and Sunday, November 4, while the other 7 workers
will provide services only on weekdays unless further agreed to in writing by both parties to this
Agreement.
4. Compensation. County agrees to pay Contractor for services performed as set forth in Section 3 above at
the standard rate of$46.00 per hour per temporary contract worker. Charges shall be based on the time
actually spent performing the services, but shall exclude travel time. In excess of the standard rate, County
agrees to pay overtime pay at the rate of$55.00 per hour for work performed by each temporary contract
worker over 40 hours in one week OR consecutive to any uninterrupted 12 hour period during which
services are rendered. Reasonable periods for break times shall not count as interrupting the consecutive 12
hour period but are excluded from counted towards the 12 hours. Overtime pay shall be based on the time
actually spent performing the services, but shall exclude travel time. Mileage may be charged to and from
any required job site at a rate of 55 cents per mile. Contractor shall not be paid any other expenses unless set
forth in this Agreement. Payment to Contractor will be made only upon presentation of a proper claim by
Contractor, itemizing services performed and mileage expense incurred. Payment for services and all related
expenses under this Agreement shall not exceed $35,000.00.
5. Additional Work. In the event the County shall require changes in the scope, character, or complexity of
the work to be performed,and said changes cause an increase or decrease in the time required or the costs to
the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated
2012-2906
between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any
claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any
work covered in the anticipated supplemental Agreement. Any change in work made without such prior
supplemental Agreement shall be deemed covered in the compensation and time provisions of this
Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither
Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of the
County for any purpose. Contractor shall have no authorization, express or implied,to bind the County to
any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of
County, nor is Contractor entitled to any employee benefits from county as a result of the execution of this
Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will be performed in a
manner consistent with the professional standards governing such services and the provisions of this
Agreement.
8. Reports County Property. All reports, test results and all other tangible materials produced in connection
with the performance of this Agreement, whether or not such materials are in completed form, shall at all
times be considered the property of the County. Contractor shall not make use of such material for purposes
other than in connection with this Agreement without prior written approval of County.
9. Acceptance of Product not Waiver. Upon completion of the work, Contractor shall submit to County
originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of
reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the work. Acceptance by the County of, or payment for, any
services performed under this Agreement shall not be construed as a waiver of any of the County's rights
under this Agreement or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents,
from and against loss or liability arising from Contractor's negligent acts, negligent errors or negligent
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide necessary
workers' compensation insurance at Contractor's own cost and expense.
11. Termination. Either party may terminate this Agreement at any time by providing the other party with a 10
day written notice thereof. Furthermore, this Agreement may be terminated at any time without notice upon
a material breach of the terms of the Agreement. In the event of an early termination, Contractor shall be
paid for work performed up to the time of notice and County shall be entitled the use of all material
generated pursuant to this Agreement.
12. Non-Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim
thereunder, without the prior written approval of County.
13. Access to Records. County shall have access to Contractor's financial records as they relate to this
Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final
payment hereunder and shall be retained and available for audit purposes for at least five years after final
payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to
deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any cause
•
beyond its reasonable control,including but not limited to Acts of God, fires, strikes,war, flood,
earthquakes or Governmental actions.
16. Notices.Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
17. Compliance.This Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be in accordance with the policies,procedures,and practices of County.
18. Non-Exclusive Agreement.This Agreement is nonexclusive and County may engage or use other
Contractors or persons to perform services of the same or similar nature.
19. Certification.Contractor represents,warrants, and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor employs illegal aliens or subcontracts with
illegal aliens, County can terminate this Agreement and Contractor may be held liable for damages.
20. Entire Agreement/Modifications.This Agreement contains the entire agreement between the parties with
respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation,
representation,and understanding or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both
parties.
21. Funding Contingency.No portion of this Agreement shall be deemed to create an obligation on the part of
County to expend funds not otherwise appropriated or budgeted for.
22. No Conflict.No employee of Contractor nor any member of Contractor's family shall serve on a County
Board, committee or hold any such position which either by rule,practice or action nominates,recommends,
supervises Contractor's operations,or authorizes funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid,illegal,or
unenforceable,this Agreement shall be construed and enforced without such provision,to the extent that
this Agreement is then capable of execution within the original intent of the parties.
24. Governmental Immunity.No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess.
25. No Third party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and.all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned'parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and year written below.
Contractor's �gnature:
A
John Sp' . : ,T Ksystems Account Manager
(D it
�2piZ
Date
COUNTY OF WELD, STATE OF COLORADO
By:
Scan Conway, Chair Weld County Board of Co ty Co missioners
OCT 1 5 2012
Date
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