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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Weld County Elections — TekSystems Professional Services
DEPARTMENT: Information Technology / Clerk and Recorder DATE: 9/29/2023
PERSON REQUESTING: Samual D. Penn / Ryan ose / Carly Koppes
Brief description of the problem/issue:
The Clerk & Recorder and Information Technology are requesting supplemental professional services to travel
to sites ensuring the ongoing availability and functionality of recording systems used to monitor the ballot drop -
boxes throughout the County. The contract details and scope of work have been reviewed and approved
through County Attorney Karin McDougal.
What options exist for the Board?
Consequences: Video security surveillance is required per Secretary of State Rule 7.4 to ensure the
security of the ballot drop -boxes. Monitoring of the boxes is vital to make sure that there is no
interruption in recording.
Impacts: Significant impact to the validation of the Weld County election if not collected and provided
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Approximately $5,000 - $10,000.00 for
the current election cycle. Funds are available under 1000-11200-6150-100 to fund the supplement of
professional services.
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, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
2023-3033
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WELD COUNTY AGREEMENT FOR
SERVICES BETWEEN WELD COUNTY &
TEKsystems, Inc
PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 151 day of October, by and between the County of Weld, a
body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose
address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and TEKsystems Inc,
a Maryland Corporation, whose local branch address is 772 Whalers Way, Fort Collins, Colorado, 80525
(corporate location is 7437 Race Road, Hanover MD 21076; hereinafter referred to as "Contractor").
WHEREAS, County desires to retain Contractor as an independent Contract Professional to perform
services as more particularly set forth below; and
WHEREAS, Contractor has the ability, qualifications, and time available to timely perform the
services, and is willing to perform the services according to the terms of this Agreement.
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:
I. Introduction. The terms of this Agreement are contained in the terms recited in this document and in
Exhibits A and B which form an integral part of this Agreement. Exhibits A and B are specifically incorporated
herein by this reference.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for
the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and
complete the Project described in Exhibit A.
3. Term. The term of this Agreement begins October 1, 2023, and shall continue through November 15, 2024.
Both of the parties to this Agreement understand and agree that this is subject to the laws of the State of Colorado and
the other terms of this agreement. This Agreement may be extended annually after expiration of the initial term upon
mutual written agreement of the Parties.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30)
days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material
breach of the terms of the Agreement.
5. Extension or Modification. 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.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and
County's acceptance of the same, County agrees to pay an amount no greater than $35,000.00, which is the
amount set forth in Exhibit A. 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.
7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's
officers, agents or employees will not become employees of County, nor entitled to any employee benefits from
County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an
independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees
for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to
unemployment insurance or workers' compensation benefits through County and County shall not pay for or
otherwise provide such coverage for Contractor or any of its agents or employees.
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 this Project without County's prior written consent, which may be withheld in County's
sole discretion.
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.
10. Confidentiality. 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 services 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 services shall be performed by qualified personnel in a professional and
workmanlike manner, consistent with industry standards, and that all services will conform to applicable
specifications.
12. Acceptance of Services Not a Waiver. 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. Acceptance by the County of, or payment for, the services 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 and Indemnification. The Contractor shall obtain, and maintain at all times during the term
of any Agreement, insurance in the following kinds and amounts:
a. Automobile Insurance. Contractor shall procure at least the minimum amount of automobile
liability insurance required by the State of Colorado for the use of any personal vehicle. Proof of
said automobile liability insurance shall be provided to County prior to the performance of any
services under this Agreement.
b. 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, Contract
Professional warrants that any retroactive date under the policy shall precede the effective date of
this Contract; and that either continuous coverage will be maintained or an extended discovery
period will be exercised fora period of two (2) years beginning at the time week under this Contract
is completed.
Minimum Limits:
Per Loss
$ 1,000,000
Aggregate $ 2,000,000
c. Workers' Compensation Insurance as required by state statute, and Employer's Liability
Insurance covering all of the Contractor's employees acting within the course and scope of their
employment. 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.
14. 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, gross negligence, or willful misconduct of the
County, the Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees,
from and against injury, loss damage, liability, suits, actions, or third party claims arising from the negligent
acts or omissions of Contractor in the furtherance of the Services provided under this Contract or on account of
any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of
the Contractor to conform to any statutes, ordinances, regulation, law or court decree.
For 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 damages (including, but not limited
to, loss of profits, interest, earnings or use) whether arising in contract, tort or otherwise.
15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or
claim thereunder, without the prior written approval of County.
16. 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.
17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws,
rules and regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices.
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. 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.
20. 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.
21. 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.
22. 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.
23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
24. 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.
25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until
it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall
be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.
In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall
have exclusive jurisdiction to resolve said dispute.
27. Public Employment Retirement Program. Contractor is responsible for notifying Weld County of
any previous participation in the Colorado Public Employee Retirement Program. Contractor must notify Weld
County of the most recent employment for a PERA contributing employer.
28. 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 Exhibit
A, 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.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 30`h day of September, 2023.
CONTRACTOR:
a/P'---
By
Name: Candice Blake
Title: Sr Manager of Ops Sales Support
Date 9.29.23
WELD COUNTY:
ATTEST:
Weld County Clerk to the Board
BOARD OF COUNTY COMMISIONERS
WELD COUNTY, COLORADO
-loo OCT 1 1 2023
Mike Freeman, Chair
,20-3x33
Exhibit A
2023 General Election
Statement of Work
Scope and Objectives
TEKsystems shall provide two temporary workers to Weld County for assistance with the 2023 General
Election. These temporary contract workers shall provide services on weekdays and weekends unless further
agreed to in writing by both parties to this Agreement.
Both of the temporary contract workers will need to be bipartisan, and they will work for the period from
October 1St — November 10th.
General Terms
*General Support - October 1St through November 10th
• Travel to multiple locations throughout Weld County and check the status of DVR recording equipment.
Qualifications
Valid driver license and insurance
Reliable vehicle
Ability to lift 501bs
Must pass CBI background check
Experience setting up computers and diagnosing Internet connectivity problems
Professional Fees and Hours
Description Resources Hours Total
*General Support:
(October 1st- November 10th)
2 152 304
304 Total hours
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. Weld 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
60.5 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 mileage expense incurred. Payment for services and all related expenses under this Agreement shall not
exceed $35,000.00.
Exhibit B
TEKsystems
Own change
ADDENDUM
This ADDENDUM made on this 1st day of October 2023, as part of the SERVICES AGREEMENT
("Agreement") made on the of September 29th, 2023 (executed by and ), by and between TEKsystems,
Inc. ("TEKsystems"), and The County of Weld ("Client").
Client has requested to perform applicant criminal background screening results on those TEKsystems
temporary employee applicants seeking temporary assignments with Client and agrees to solely and
exclusively make the decision as to whether TEKsystems applicants meet Client's hiring criteria for
assignment to Client.
Client 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 Addendum. 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 TEKsystems temporary employee applicant as a result
of the completed background check. In addition, Client agrees to be solely responsible for decisions it
makes under this Addendum.
The parties agree that this addendum may be electronically signed. The parties agree that the electronic
signatures appearing on this document are the same as manual handwritten signatures for the purposes of
validity, enforceability and admissibility to the fullest extent of the law and both parties hereby waive any
objection to the contrary.
IN WITNESS WHEREOF, the parties have executed this Agreement, under seal, the day of the first year
above written.
AGREED AND ACCEPTED:
TEKsystems, Inc.:
Candice Blake
TEKs Representative Name
TEKsystems Representative Signature
9.29.23
Date
Client:
Mike Freeman, Chair, Board of
Weld County Commissioners
Client Representative Name
Client Representative Signature
OCT .1 12323
Date
,.?iw -30,33
Contract Form
Entity Information
Entity Name *
TEK SYSTEMS
Entity ID*
@00028314
Q New Entity?
Contract Name* Contract ID
TEKSYSTEMS ELECTIONS PROFESSIONAL SERVICES 7467
AGREEMENT
Contract Status
CTB REVIEW
Contract Lead *
NWONDER
Contract Lead Email
nwonder@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
CLERK & RECORDER AND INFORMATION TECHNOLOGY ARE REQUESTING SUPPLEMENTAL PROFESSIONAL
SERVICES TO TRAVEL TO SITES ENSURING THE ONGOING AVAILABILITY AND FUNCTIONALITY OF RECORDING
SYSTEMS USED TO MONITOR THE BALLOT DROPBOXES THROUGHOUT THE COUNTY.
Contract Description 2
APPROXIMATELY $5,000 - $10,000.00 FOR THE CURRENT ELECTION CYCLE. FUNDS ARE AVAILABLE UNDER
1000-11200-6150-100 TO FUND THE SUPPLEMENT OF PROFESSIONAL SERVICES.
Contract Type*
AGREEMENT
Amount*
$10,000.00
Renewable
NO
Automatic Renewal
NO
Grant
IGA
Department
INFORMATION
TECHNOLOGY-GIS
Department Email
CM-
InformationTechnologyGl
S@weldgov.com
Department Head Email
CM-
InformationTechnologyGl
S-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
Requested BOCC Agenda
Date*
10/16/2023
Due Date
10/12/2023
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
10/16/2023
Termination Notice Period
Contact Information
Review Date"
10/14/2024
Committed Delivery Date
Renewal Date
Expiration Date"
12/31/2023
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
CANDICE BLAKE PRIMARY
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
RYAN ROSE
DH Approved Date
10/09/2023
Finance Approver
CONSENT
Purchasing Approved Date
10/09/2023
Legal Counsel
CONSENT
Finance Approved Date Legal Counsel Approved Date
10/09/2023 10/09/2023
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