HomeMy WebLinkAbout20163096.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR TEMPORARY
INFORMATION TECHNOLOGY CONTRACT WORKERS TO ASSIST WITH 2016
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 a Professional Services Agreement for
Temporary Information Technology Contract Workers to Assist with 2016 General Election
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Clerk and Recorder's Office, and TEKsystems,
commencing October 17, 2016, and ending November 9, 2016, 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 Professional Services Agreement for Temporary Information
Technology Contract Workers to Assist with 2016 Election between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Clerk and Recorder's Office, and TEKsystems, be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of October, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dithov uldeo;ok,
Weld County Clerk to the Board
ounty Attorney
Date of signature:
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
teve Moreno
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Goy C
/rte
2016-3096
CR0028
TO: BOCC
FROM: Carly Koppes
DATE: 9-14-16
SUBJECT: Clerk and Recorder Contract for Election help
Summary:
Attached is a draft form contract and Statement of Work for assistance with the 2016 elections. Weld County
Elections will need 10 PC Technicians to assist the Weld County team in support of the 2016 General Election.
The PC Technicians will work at the direction and under the supervision of the Client Manager. The PC
Technicians will be assigned to various voting centers around Weld County. Weld County would pay the
standard rate of $46.00 per hour per temporary contract worker, or $55.0lfor overtime. Payment for services
and all related expenses under this Agreement shall not exceed $25,000.00. Kevin Jass of Information
Technology reached out to other vendors to see if they would be able to meet this demand and TEKSystems
was the only one that could meet the request. We have also used TEKSystems in the 2014 election and 2012
election.
Recommendation:
Approve the Statement of Work and Contract.
Agree with Staff
Recommendation
Kirkmever
Freeman vv. (%
Conway
Cozad
Moreno
2016-3096
WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & TEKsystems
ASSIST WITH THE 2016 ELECTION
THIS AGREEMENT is made and entered into this 26th day of September , 20 16 , 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, who whose local branch address is 1200 South College Avenue, Fort Collins,
Colorado, 80524, hereinafter referred to as "Contractor".
WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform
services as more particularly set forth below; and
WHEREAS, Contract Professional 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, Contract Professional 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
(Statement of Work) 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 Exhibit A.
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.
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 a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in
writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made
without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this
Agreement.
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 negligent acts and those of its agents and employees for negligent acts or omissions while in
the furtherance of the services 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. Contract Professionals must secure, at or before the time of execution of any
agreement or commencement of any work, the following insurance covering all operations, goods or services provided
pursuant to this request. Contract Professionals 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. The required insurance shall be
underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better.
Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled
or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the
Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent
thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent
ten (l0) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the
Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention.
County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the
deductible or self -insured retention to guarantee payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not
decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein
are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the
Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its
own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract
Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure
to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its
own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities
under this Agreement. Any modification to these requirements must be made in writing by Weld County.
The Contract Professional stipulates that it has met the insurance requirements identified herein.
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Types of lnsurancet The Contract Professional shall obtain, and maintain at all times during the term of any
Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the Contract Professional'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 Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act.,
AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed
under the contract.
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person,
$I,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles
operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in
the performance of this Contract.
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. Contract Professional 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 Claim
Aggregate
$ 1,000,000
$ 2,000,000
Contract Professionals shall secure and deliver to the County at or before the time of execution of this
Agreement, and shall keep in force at all times during the term of the Agreement as the same may be
extended as herein provided, a commercial general liability insurance policy, including public liability and
property damage, in form and company acceptable to and approved by said Administrator, covering all
operations hereunder set forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of
insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole
discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability,
and inland marine, Contract Professional's insurer shall name County as an additional insured.
Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights
against County.
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Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities
providing goods or services required by this Agreement shall be subject to all of the requirements herein and
shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall
include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as
insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract
Professional agrees to provide proof of insurance for all such subcontractors, independent Contract
Professionals, sub -vendors suppliers or other entities upon request by the County.
14. Indemnity: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and
employees, from and against injury, loss damage, liability, suits, actions, or negligent acts or omissions of Contract
Professional, or claims of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law
or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or direct damage
received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure
to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract
Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or
amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This
paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for
primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the
award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated
and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses
arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall
result in County's right to immediately terminate this Agreement.
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.
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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
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.
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 26th day of September , 20 16 .
CONTRACTOR:
Contractor Name: TEKsystems
!4f/ 6A
By:
Name: James Wedgeworth
Title: Sr. Manager, Operations
Date 9/26/16
WELD COUN Y: -,� ,
ATTEST: • 1IZ A"' )
Weld ' o it Clerk to the
BY
eputy CI
TVED S
Controller
ROVED y. TO FO
County Attorney
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
3
e Freeman, Chair
OCT 0 3 2016
PPROVED AS TO SUBSTANCE:
Elected Official or en t H •d
Direct of General Services
6
Exhibit A
2016 General Election
Statement of Work
Scope and Objectives
TEKsystems shall provide 1 temporary contract worker to County to assist with the 2016 General
Elections for the period from October 17, 2016, through November 9, 2016. This temporary contract
worker shall provide services on weekdays, Saturday, October 29 and Sunday, November 6 unless further
agreed to in writing by both parties to this Agreement.
TEKsystems shall provide 9 temporary contract workers to County to assist with the 2016 General
Elections for the period from October 21, 2016, through November 9, 2016. One of the 9 temporary
contract workers will work Friday, October 21, Friday, October 28, Saturday, October 29, Sunday,
November 6 and Tuesday, November 8 while the other 8 workers will provide services only on Friday,
October 28 and Tuesday, November 8 unless further agreed to in writing by both parties to this
Agreement.
General Terms
Weld County Elections will need 10 PC Technicians to assist the Weld County team in support of the
2016 General Election. The PC Technicians will work at the direction and under the supervision of the
Client Manager. The PC Technicians will be assigned to various voting centers around Weld County.
Client Manager reserves the right to end the project early or extend longer as needed. Client 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
Professional Fees and Hours
Description
*General Support:
(October 17 -- November 9)
Setup Early Vote
Friday, October 21
TEKsystems Training
Tentatively Friday, October 28
Setup For Judge Training
Tentatively, Saturday October 29,
Setup Vote Centers:
Sunday, November 6
Election Day Support:
Tuesday, November 8
Teardown Vote Centers
Resources Hours Total
128 128
2 8 16
10 4 40
2 4 8
2 8 16
10 14 140
0 8 0
348 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 all labor laws. Overtime pay shall
be based on the time actually spent performing the services, but shall exclude travel time. Mileage may be
charged to and from any required job site at a rate of 55 cents per mile. Mileage will be approved by
Client 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 17 through November 9
• Setup and configure 75 laptops
• 15 site surveys
• Setup early vote centers
• Two weeks full-time support of early vote centers
• Setup remaining 15 vote centers
• Election Day support for 15 vote centers
• Teardown 15 sites
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