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Home My WebLink About20252706.tiffCon1-vctcf CD 4 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County Elections — TEKSystems Professional Services DEPARTMENT: Information Technology DATE: 9/16/2025 PERSON REQUESTING: Ryan Rose / Samuel Penn -RR Brief description of the problemlissue: The Clerk & Recokier and Information Technology are requesting supplemental professional services from TEKSystems. These services will be used to have staff travel to each ballot box site ensuring the ongoing availability and functionality of the recording systems. The recording systems are used to monitor the ballot drop -boxes at each site throughout the County. Byron Howell has reviewed and approved the attached agreement. What options exist for the Board? Conseque.ces: Video security surveillance is required per Secretary of State Rule 7.4 to ensure the security of the ballot drop -boxes. Monitoring the boxes is vital to make sure there are no interruptions in the recording. Impacts: There would be a significant impact to the validation of the Weld County election process if the data is not collected and provided to the Clerk and Recorder. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Approximately $10,000 - $20,000 forthe current election cycle. Recommendation: Recommend the Board authorize the chair to sign the contract. 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 1 Ajtelfoy A[CUN► vreD Fort. lid Cv4LE c gvb4c, i 2025-2706 conzrrl-P006,- 9/29/25 cc : 0ncst (1 7) 9/2c1 /25 02-b0 3( ITO014 PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND TEKsystems, Inc. THIS AGREEMENT is made and entered into this 1st day of October 2025, by and between the Board of Weld County Commissioners, on behalf of Clerk and Recorder and Information Technology, hereinafter referred to as ("County"), and TEKsystems, Inc., hereinafter referred to as ("Contractor"). WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to provide temporary staffing services which shall be performed under the technical direction and in an environment controlled by County and meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of Contractor's Response to County's Request. Exhibit B consists of Criminal Background Screening and Confidentiality 2. Service or Work. Contractor agrees to procure the personnel necessary for the Work and agrees to diligently provide all services, labor, and personnel necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year without budgeting appropriations. Therefore, this Agreement shall continue through November 11, 2026. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 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 between the parties, and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment 3 hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $20,000 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its negligent acts and those of its agents and employees for all negligent acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the negligent acts and omissions of its agents, employees, and subcontractors in furtherance of the Work. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records, and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or 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. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 5 12. Acceptance of Services Not a 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(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed 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. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations and services provided pursuant to this Agreement and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages (excluding the Professional Liability policy), Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation.) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance - Occurrence Form Policy shall include bodily injury, property damage, liability assumed under an Insured Contract. The policy shall be endorsed to include the following additional insured language: "Weld County, its subsidiary, parent, elected officials, employees, associated and/or affiliated entities, successors, or assigns, agents, and volunteers shall be included as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: General Aggregate $ 1,000,000 Products/Completed Operations Aggregate $ 1,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles used in the performance of this Contract. Such policy shall maintain Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous 7 coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Claim Aggregate $ 1,000,000 $ 2,000,000 14. Proof of Insurance. Upon County's request, Contractor shall provide to County, for examination, endorsement, or other proof of insurance as determined in County's sole discretion. Provided information for examination shall be considered confidential, and as such, shall be deemed not subject to Colorado Open Records Act (CORA) disclosure. All insurers must be authorized or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall include on the Certificate of Insurance for the Commercial General Liability coverage and for the Automobile Liability coverage, "Weld County, its successors or assigns; its elected officials, employees, agents, affiliated entities, and volunteers as Additional Insureds" with respect to liability arising out of the activities performed by or on behalf of the Contractor". Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the Certificate of Insurance. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 15. Additional Insurance Related Requirements. The County requires that all policies (excluding Workers Compensation and Professional Liability policies) of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be included as an Additional Insured, the insurance carrier shall endeavor to provide a minimum of 30 days advance written notice to the County for cancellation, to policies required under this Agreement. On all other policies, it is the Contractor's responsibility to endeavor to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 16. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 17. Limitation of Liability. 17.1 For the purposes of this Agreement and notwithstanding anything to the contrary, under no circumstances shall either party be liable to the other for any indirect, special or consequential 9 damages (iincluding, but not limited to, loss of profits, interest, earnings or use) whether arising in contract, tort or otherwise. 17.2 Contractor's total aggregate liability arising from this Agreement shall be limited to one million dollars ($1,000,000). 18. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor. 19. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 20. Indemnity. Except to the extent that claims arise from Contractor's reasonable reliance on the instructions of the County or can be attributed to the negligence, willful misconduct or violation of applicable law of the County, the Contractor shall indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against any and all liabilities, third party claims, actions, damages, losses, and expenses including reasonable attorneys' fees and costs, (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused arising from the negligent acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors in furtherance of the Services. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any applicable federal, state, or local law, statute, ordinance, rule, regulation, or court decree. A failure of Contractor to comply with these indemnification provisions shall result in County's right but not the obligation to terminate this Agreement or to pursue any other lawful remedy. 21. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest'therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 22. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 23. 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. 24. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; pr Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Keshini Nathan Position: Account Manager Address: 2000 S. Colorado Blvd. Suite #500 Address: Denver, CO 80222 E-mail: knathan(a.teksystems.com Phone: 612-805-1785 TO COUNTY: Name: Kevin Jass Position: Technical Support Center Manager Address: 1401 N. 17th Ave. Address: Greeley, Colorado 80631 E-mail: kjass@weld.gov Phone: 970-400-2534 25. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including 11 without limitation, laws applicable to discrimination and unfair employment practices. 26. 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. 27. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings 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. 28. Fund Availability. 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. 29. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 30. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 31. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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. 32. Non -Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other immunities, rights, benefits, and protections, provided by the Colorado Governmental Immunity Act §§24-10-101 et seq., as from time to time amended, or otherwise available to the County, its subsidiary, associated and/or affiliated entities, successors, or assigns; or its elected officials, employees, agents, and volunteers. 33. 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 shall pay invoices in full via Electronic Funds Transfer (EFT) or check within fifteen (15) days from the invoice date. Payments by check should be sent by mail to: TEKsystems, Inc. P.O. Box 198568 Atlanta, GA 30384 40. Nonsolicitation. During the term of this Agreement and for a period of one year following either the expiration or termination thereof, neither party to this Agreement shall knowingly directly solicit for hire nor knowingly allow any of its employees, agents, officers, or representatives to directly solicit for hire any employee or employees of the other party, provided that nothing in this provision is meant to prohibit one party from hiring the employees of the other who respond to an employment advertisement in the general media. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: TEKsystems, Inc. By: L. azes- Nam Title: Senior Contracts Manager 9/10/2025 Date of Signature WELD COUNTY: ATTEST: C/ijejui4 BOARD OF COUNTY COMMISSION Weld County lerk to the Board Akar-) BY: Deputy Clerk to the Board Perry L,= uck, Chair WELD COUNTY, COLORADO SEP 2 9 202 (PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND TEKsystems, Inc., 2025) 13 Z 025 - Z7 0L0 Exhibit A 2025 Coordinated Election Statement of Work Scope and Objectives Contractor shall provide two temporary workers to County for assistance with the 2025 Coordinated Election. These temporary contract workers shall provide services on weekdays and weekends unless further agreed to in writing by both parties to this Agreement. The temporary contract workers will need to be bipartisan, and they will work for the period October 15th through November 5th, 2025. General Terms • General Support — October 15th through November 5th • Travel to multiple locations throughout Weld County and check the status of DVR recording equipment. Qualifications • Valid driver license, insurance and reliable vehicle or ability to provide own transportation • Ability to lift 501bs • Must pass CBI background check • Experience diagnosing internet and DVR connectivity problems Professional Fees and Hours Description General Support (October 15th through November 5th) Resources Hours Total 2 128 256 County agrees to pay Contractor for services performed as set forth above at the standard rate of $50.00 per hour per temporary contract worker. Charges shall be based on the time 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 $58.00 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, per Colorado State law. County agrees to comply with all applicable labor laws. Overtime pay shall be based on the time spent performing the services but shall exclude travel time. Mileage may be charged to and from any required job site at a rate of 70.0 cents per mile. Mileage will be approved by Technical Support Center Manager, Kevin Jass, on a weekly basis. 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 15 mileage expense incurred. Payment for services and all related expenses under this Agreement shall not exceed $20,000.00. (PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND TEKsystems, Inc., 2025) [Rest of page intentionally left blank.] Exhibit B County has requested to perform applicant criminal background screening results on those Contractor temporary employee applicants seeking temporary assignments with County and agrees to solely and exclusively make the decision as to whether Contractor applicants meet County's hiring criteria for assignment to County. County agrees to maintain the confidentiality of the reports it will review, and to fully comply with all applicable laws, including but not limited to the Fair Credit Reporting Act ("FCRA"), when acting pursuant to this Agreement. Compliance with the FCRA includes, but is not limited to, obtaining written authorization prior to performing the background check and administering the pre and final adverse action process should adverse action be taken against any Contractor temporary employee applicant as a result of the completed background check. In addition, County agrees to be solely responsible for decisions it makes under this Agreement. (PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND TEKsystems, Inc., 2025) 17 CERTIFICATE OF LIABILITY INSURANCE DATE:2;277 9/25/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Certificates Altus Partners, Inc. 201 King of Prussia Road STE 100 Radnor PA 19087 P HONE FAX C, 5u. Exl: 610-526-9130 I (ac, No): 610-526-2021 E ADDREss: certs@altuspartners.com INSURER(S) AFFORDING COVERAGE NAIL # License#: 57081 INSURER A: ACE American Insurance Company 22667 INSURED CERTTEK-01 INSURER B : ACE Property and Cas Ins Co 20699 TEKsystems, Inc 7437 Race Road INSURER c: Indemnity Ins Co of N Am 43575 INSURER D : Great Northern 20303 Hanover MD 21076 INSURER E : INSURER F : CERTIFICATE NUMBER: 1580700359 REVISION NUMBER: Std+P3+pro THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MM/DD/A) POLICY EXP (MM/DDrYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE EI OCCUR X $1,000,000 SIR G48930116 11/30/2024 11/30/2025 EACH OCCURRENCE $3,000,000 PR EM SES {EaEoccur ence) $ 3,000,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 3,000,000 GENERAL AGGREGATE $ 3,000,000 GENII AGGREGATE LIMIT APPLIES PER: X POLICY IIII 3P8,- E LOC OTHER: PRODUCTS - COMP/OP AGG $ 3,000,000 A A AUTOMOBILE LIABILITY ANY AUTO X OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS X NON -C NED AUTOS ONLY H11352467(OWNED) H11352327 (HNOA) 11/30/2024 11/30/2024 11/30/2025 11/30/2025 COMBINED SINGLE LIMIT (Ea accidenU $2000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B 0 UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE G27926691 010 11/30/2024 11/30/2025 EACH OCCURRENCE $15,000,000 AGGREGATE $ 15,000,000 DED I X I RETENTIONS 1nn fIM A WORKERS COMPENSATION AND EMPLOYERS' LUU3ILITY Y / N ANYPRE ETORIPART7DRET4ECUT1VE ❑ OFFICERMIEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A C72613168(AOS) C7261320A (AZ CA MA) C72613247(VN) 11/30/2024 11/30/2024 11/30/2024 11/30/2025 11/30/2025 11/30/2025 X I STATUTE I I ERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liability/Cyber Property 671085193 004 3594-1717 11/30/2024 11/30/2024 11/30/2025 11/30/2025 ($5M SIR) SW per d All...P. Cost $3,000,000 Agg $25K Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) This certificate is issued as evidence of insurance, subject to the policy terms, conditions and exclusions, including the following provisions: -Certificate is issued as evidence of insurance per policy terms, conditions and exclusions. •The General, Auto and Excess Liability policies provide Additional Insured status, apply on a Primary and Non -Contributory basis, and includes a Waiver of Subrogation if required by the Certificate Holder per a written contract executed prior to the date of loss. -The Workers' Compensation policy includes a Waiver of Subrogation and provides Alternate Employer status if required by the Certificate Holder per a written contract executed prior to the date of loss where permissible. -Producer will endeavor to send written notice to the Certificate Holder 30 days prior to cancellation of any policy listed above. ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Board of Weld County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1401 N. 17th Ave Greeley Co 80631 AUTHORIZED REPRESENTATIVE USA ..2. ;'�,� ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name * TEK SYSTEMS Entity ID* @00028314 O New Entity? Contract Name * Contract ID PROFESSIONAL SERVICES AGREEMENT BETWEEN WELD 9948 COUNTY AND TEKSYSTEMS, INC. Contract Status CTB REVIEW Contract Lead SWHITMORE Contract Lead Email swhitmore@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * SUPPLEMENTAL PROFESSIONAL SERVICES FOR ELECTION RECORDING SYSTEMS - ENSURING ONGOING AVAILABILITY AND FUNCTIONALITY Contract Description 2 Contract Type * Department Requested BOCC Agenda Due Date AGREEMENT INFORMATION Date* 09/25/2025 TECHNOLOGY-GIS 09/29/2025 Amount * $20,000.00 Department Email Will a work session with BOCC be required?* CM- NO Renewable * InformationTechnologyGl NO S@weld.gov Does Contract require Purchasing Dept. to be included? Automatic Renewal Department Head Email CM - Grant InformationTechnologyGI S-DeptHead@weld.gov IGA County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV 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 * 09/01/2026 Committed Delivery Date Renewal Date Expiration Date* 12/31/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 09/25/2025 Approval Process Department Head Finance Approver Legal Counsel RYAN ROSE CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/25/2025 09/25/2025 09/25/2025 Final Approval BOCC Approved Tyler Ref # AG 092925 BOCC Signed Date Originator SWHITMORE BOCC Agenda Date 09/29/2025 Hello