HomeMy WebLinkAbout20222795.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR SERVICES FOR TEMPORARY INFORMATION
TECHNOLOGY CONTRACT WORKERS TO ASSIST WITH 2022 GENERAL
ELECTION AND AUTHORIZE CHAIR TO SIGN - TEKSYSTEMS
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 an Agreement for Services for Temporary
Information Technology Contract Workers to Assist with the 2022 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 Department of Information Technology, and TEKsystems, 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 Services for Temporary Information Technology
Contract Workers to Assist with the 2022 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
Department of Information Technology, 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 5th day of October, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: d,da,,,,) G: •�
Sct K. James, Chair
Weld County Clerk to the Board
County Attorney
Date of signature: 10/1./22
Mi - -eman, Pro-Te
CC: ZT(RR/SP) C12(cx)
Ia/17/12
2022-2795
IT0011
C,on-}vo c� I'R9# (u31n8'
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: TEKsystems Election Support
DEPARTMENT: Information Technology
PERSON REQUESTING: Samual Penn/ R1L Rose, 7
DATE: 9/19/2022
Brief description of the problem/issue:
The Weld County Clerk and Recorder and Information Technology are requesting the use of
supplemental staff provided by TEKsystems for the support of the 2022 Election. Staff will be supervised
by the IT Technical Support Center Manager and will be directed to complete tasks related to the setup
and configuration of election specific technologies, provide on -site support at various voting centers,
review and ensure function of 24 -hour ballot box recording devices, and complete the tear -down of
resources at the conclusions of the election. Weld County utilized a similar agreement with TEKsystems
to facilitate the 2020 General Election. The attached Contract with Scope of Work has been reviewed
and approved by Karin McDougal, Weld County Attorney.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Authorizing the Chair to sign the attached Statement of Work would enable us to utilize supplemental
support staff from TEKsystems with a not to exceed total cost of $35,000.00. If the Board does not wish
to proceed with this agreement we would experience a significant impact to the preparation, facilitation,
security and successful completion of the 2022 election in Weld County.
Recommendation:
We are recommending the Board authorize the Chair to sign.
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lori Saine
Approve
Recommendation
Schedule
Work Session Other/Comments:
2022-2795
lb/5
11-001 r
WELD COUNTY AGREEMENT FOR SERVICES
BETWEEN WELD COUNTY & TEKsystems
ASSIST WITH 2022 ELECTION
THIS AGREEMENT is made and entered into this 28th day of September, 2022, 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, a Maryland
Corporation, whose local branch address is 772 Whalers Way, Fort Collins, Colorado, 80525, 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 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:
1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A which
forms an integral part of this Agreement. Exhibit A is 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 upon the date of the execution of this Agreement by County, and shall continue
through and until Contractor's completion of the responsibilities described in Exhibits A. This contract may be extended
annually upon written agreement of both 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
for a period of two (2) years beginning at the time work under this Contract is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 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. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees,
from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done
in fulfillment of the terms of 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.
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 succeedingyear.
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. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the
employment eligibility of all employees who are newly hired for employment in the United States to perform work under
this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to
C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under
this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall
not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -
Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while
this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor
and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with
an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal
alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the
subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an
illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the
State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the
contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents,
and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written
notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other
requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of
C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be
liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or
state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older
is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits
provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury
that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b)
shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the
forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
29. 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 28th day of September, 2022.
CONTRACTOR:
By: Date 9/19/2022
Name: Aaron Hoel
Title: Account Manager
WELD COUNT
Y: � b
ATTEST: v• ` �/►�';IA
Weld County Clerk to the Board
BY
erk
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
K. James, Chair OCT 0 5 2022
Exhibit A
2022 General Election
Statement of Work
Scope and Objectives
TEKsystems shall provide six temporary contract workers to Weld County for assistance with the 2022 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.
Two of the six temporary contract workers will need to be bipartisan, and they will work for the period from October 17th,
2022, through November 9th, 2022. Four of the six temporary contract workers will work October 20th, 2022 through
November 9., 2022 unless further agreed to in writing by both parties to this Agreement.
General Terms
Weld County Elections will need 6 PC Technicians to assist the Weld County team in support of the 2022 General Election.
The PC Technicians will work at the direction and under the supervision of the Technical Support Center Manager. The PC
Technicians will be assigned to various voting centers around Weld County. Technical Support Center Manager reserves the
right to end the project early or extend longer as needed. Technical Support Center Manager will indicate completion of
T&M project with email approval of total hours for each individual PC Tech on a weekly basis.
Qualifications
• Valid driver license and insurance
• Reliable vehicle
• Ability to lift 50 lbs
• Must pass CBI background check
• Experience setting up computers and diagnosing Internet connectivity problems
Duties
• Assist with loading/unloading trucks and setting up equipment at the voting centers
• Setting up laptop computers at remote sites
• Troubleshoot and fix problems with Internet connectivity (wired and wireless)
• Troubleshoot problems with routers
• Diagnose hardware and software related problems
• Troubleshoot a variety of other computer issues
• Install and test software
• Offering technical support on -site or via phone or email
• Other tasks as assigned
Professional Fees and Hours
Description
*General Support:
(October 17 — November 9)
*General Support:
(October 20 — November 9)
Resources Hours Total
2 152 304
4 128 256
560 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 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 $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.
*General Support - October 17 through November 9
• Travel to 17 locations throughout Weld County and check the status of DVR recording equipment
Setup and configure 95 laptops
Setup computer equipment at 15 vote centers
o Includes setting up 7 sites Saturday, November 5
• Setup and teardown computers equipment for training lab
• Support of 15 vote centers 10/24 through 11/7
• Election Day support for 15 vote centers on 11/8 (Plan on a 15 hour day)
• Teardown equipment at 15 vote centers 11/9
Contract Form
New Contract Request
Entity Information
Entity Name.
TEK SYSTEMS
Entity ID.
1,00028314
Contract Name.
AGREEMENT FOR SERVICES BETWEEN WELD COUNTY AND
TEK SYSTEMS ASSIST WITH 2022 ELECTION
Contract Status
CTB REVIEW
Contract Description
2022 ELECTION ASSISTANCE -
Contract Description 2
Contract Type.
AGREEMENT
Amount.
$35,000.00
Renewable"
NO
Automatic Renewal
Grant
IGA
New Entity?
Contract ID
6368
Contract Lead.
SWHITMORE
Contract Lead Email
swhitmore@co.weld.co.us
HOURLY RATE, NOT TO EXCEED $35,000 IN TOTAL
Department
INFORMATION
TECHNOLOGY-GIS
Department Email
CM-
InformationTechnologyGlS
weldgov.com
Department Head Email
CM-
InformationTechnologyGIS-
OeptHeadveldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY @WELDG
OV.COM
Requested BOCC Agenda
Date.
09128; 2022
Parent Contract ID
Requires Board Approval
YES
Department Project #
VR-1400
Due Date
09 24:'2022
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
Review Date*
11,09/2022
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
AARON HOEL
Purchasing
Committed Delivery Date
Expiration Date*
11 09/2022
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
RYAN ROSE
DH Approved Date
10;0312022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
10;'05,'2022
Originator
SWHITMORE
Finance Approver
CHERYL PATTELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
10:04:2022 10;04,`2022
Tyler Ref*
AG 100522
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