HomeMy WebLinkAbout20203084.tiffcaril-rati- x0 L-062
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: TEKSystems Contract
DEPARTMENT: Information Technology DATE: 10/1/2020
PERSON REQUESTING: Samual Penn
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 in support of the 2020 General Election. Staff will be
supervised by the IT Technical Support Manager and directed to assist with the setup and
configuration of election specific technologies, provide on -site support at various voting centers and
facilitate tear -down of resources following the completion of the election. Weld County utilized a
similar agreement with TEKSytems to facilitate the 2016 General Election.
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
staff from TEKSystems with a not to exceed total cost of $25,000. If the Board does not wish to
proceed with this agreement it would create a significant impact on the preparation, ffacilitation,
security and successful completion of the 2020 General Election.
Recommendation:
The attached Contract with Scope of Work have been reviewed and approved by county attorney
Karin McDougal. We are recommending the Board authorize the Chair to sign.
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Kevin Ross
Approve Schedule
Recommendation Work Session
Other/Comments:
2020-3084
Jo/IHI`.LO
DocuSign Envelope ID: FF2875F1-5ADC-45DB-BD49-E8083D57713D
WELD COUNTY AGREEMENT FOR SERVICES
BETWEEN WELD COUNTY & TEKsystems
ASSIST WITH 2020 ELECTION
THIS AGREEMENT is made and entered into this /'7" . day of October, 2020, 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 $25,000.00, 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.
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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
DocuSign Envelope ID: FF2875F1-5ADC-45DB-BD49-E8083D57713D
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
DocuSign Envelope ID: FF2875F1-5ADC-45DB-BD49-E8083D57713D
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 [DATE]. day of October,
2020.
CONTRACTOR:
p—DocuSigned by:
By:
Name: A
,RICOSE6 33413._
Title: Account Manager
9/29/2020
Date
WELD COUNTY:
ATTEST:
Wel. o �in Clerk to the : oard WELD COUNTY, COLORADO
Deputy Cler f o th- Boards �,��!"'��,e Freeman, Chair
ddritet) sideo;t1
BOARD OF COUNTY COMMISSIONERS
OCT 1 4 2020
o2,9-30e`1L
DocuSign Envelope ID: FF2875F1-5ADC-45DB-BD49-E8083D57713D
Exhibit A
2020 General Election
Statement of Work
Scope and Objectives
TEKsystems shall provide four temporary contract workers to Weld County for assistance with the 2020 General Election.
These temporary contract workers shall provide services on weekdays and Sunday, November 1st unless further agreed to in
writing by both parties to this Agreement.
Two of the four temporary contract workers will work for the period from October 12th, 2020, through November 6th, 2020.
Two of the four temporary contract workers will work Friday, October 16th, and for the period from Wednesday, October 28
through Wednesday, November 4th unless further agreed to in writing by both parties to this Agreement.
General Terms
Weld County Elections will need 4 PC Technicians to assist the Weld County team in support of the 2020 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
• 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
DocuSign Envelope ID: FF2875F1-5ADG45DB-BD49-E8083D57713D
Professional Fees and Hours
Description Resources Hours Total
*General Support: 2 160 320
(October 12 — November 6)
Setup Early Vote
Setup Signature Verification 2 8 16
Friday, October 16
*General Support: 2 62 124
(October 28 — November 4)
460 Total hours
County agrees to pay Contractor for services performed as set forth 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, 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 55 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 $25,000.00.
*General Support - October 12 through November 6
• Setup and configure 75 laptops
• Setup equipment for Signature Verification 10/16
• Setup vote centers 10/16, 10/29 and 11/1
• Support of vote centers
• Election Day support for 14 vote centers
• Teardown equipment at 14 sites 11/4
• Teardown equipment for Signature Verification 11/5 and 11/6
Contract Form
Entity Information
Entity Name*
TEK SYSTEMS
New Contract Request
Entity ID*
'000283]4
Contract Name*
TEKSYSTEMS 2020 GENERAL ELECTION SUPPORT
PROFESSIONAL SERVICES CONTRACT
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
4162
Contract Lead*
NWONDER
Contract Lead Email
nwonder@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project I
Contract Description*
CONTRACT FOR FOUR TEMPORARY TECHNICAL SUPPORT TECHNICIANS TO ASSIST WITH 2020 GENERAL ELECTION FROM
10, 12120-1 1 16/20 UNDER DIRECTION OF TSC MANAGER.
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$25,000.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
INFORMATION
TECHNOLOGY-GIS
Department Email
CM-
InformationTechnologyGIS
weldgov.com
Department Head Email
CM-
InformationTechnologyGlS-
DeptHeadg weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTO RN EYigANELDG
OV.COM
Requested BOCC Agenda
Date*
10/12/2020
Due Date
10,`08; 2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
10 1212020
Review Date*
10 /0812020
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
RYAN ROSE
DH Approved Date
10;0812020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
10/1412020
Originator
NWONDER
Committed Delivery Date
10/12/2020
Contact Type Contact Email
Finance Approver
CONSENT
Expiration Date
11/30,2020
Contact Phone 1
Purchasing Approved Date
10;`08! 2020
Finance Approved Date
10,/08112020
Tyler Ref #
AG 101420
Legal Counsel
CONSENT
Contact Phone 2
Legal Counsel Approved Date
10'08/2020
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