HomeMy WebLinkAbout20143353 MEMORANDUM
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TO: Weld County BOCC October 21, 2014
. r FROM: Ryan Rose, Chief Information Officer
c o u N?Y SUBJECT: TEKsystems Agreement
Weld County Elections will need three PC Technicians to assist the Weld County IT Department
in support of the 2014 General Election. The PC Technicians will work at the direction and under
the supervision of the Weld County IT Client Services Manager. The PC Technicians will be
assigned to various voting centers around Weld County. The agreement will NOT exceed
$7,500. Previous years were budgeted at $35,000. Due to the IT organizational update, the
vast majority of these services will be performed by in-house staff.
RECEIVED
OCT 2 1 2014
WELD COUNTY
COMMISSIONERS
CC: 1T
a7 ( Viz) 2014-3353
/D/a�i ‘ I b.Ag-l14
1,77)00
L
Esther Gesick
From: Ryan Rose
Sent: Wednesday, October 22, 2014 7:48 AM
To: CTB; Esther Gesick
Cc: Samual Penn; Kevin Jass
Subject: Item for the Consent Agenda
Attachments: 0192_001.pdf; MEMORANDUM_TEKsystems.docx
CTB,
Attached is an item for the consent agenda for 10/27/14. The agreement was reviewed by the Weld County Attorney
and is budgeted for fiscal year 2014.
Thank you,
Ryan Rose
Chief Information Officer
Department of Information Technology
Weld County Government
1401 N. 17th Ave Greeley,CO 80631
tel:970-304-6570 x2550
rrose@co.weld.co.us
'f.tj r; -:
- r
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1
2014 General Election
Statement of Work
Weld County Elections will need three PC Technicians to assist the Weld
County team in support of the 2014 General Election. The PC Technicians
will work at the direction and under the supervision of the Client
Managers . 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
AGREEMENT FOR TEMPORARY INFORMATION TECHNOLOGY CONTRACT WORKERS TO
ASSIST WITH THE 2014 GENERAL ELECTION
THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose
address is 1150 O Street, Greeley, Colorado, 80632 ("County") , and '1'EKsystems, a Maryland
Corporation, whose local branch address is 1203 South College Avenue, Fort Collins,
Colorado, 80524, ("Contractor") .
•
WHEREAS, County des_res to retain Contractor as an independent contractor to supply
temporary contract workers to perform services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is willing
to perform the services according to the terms of this Agreement .
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1 . Engagement of Contractor. County hereby retains Contractor, and Contractor hereby
accepts engagement by County upon the terms and conditions set forth in this Agreement.
2 . Term. The term of this Agreement shall Pe from October 31, 2014, through and until
November 5th, 2014.
3 . Services to be performed. Contractor agrees to provide the following supplemental
staffing services to County, under the technical direction of County pursuant to the
terms of this Agreement:
A. TEKsystems shall provide 3 temporary contract workers to County to assist with the
2014 General Elections for the period from October 31, 2014, through November 5th, 2014 .
These temporary contract workers shall provide services only on weekdays unless further
agreed to in writing by both parties to this Agreement.
4 . Compensation. County agrees to pay Contractor for services performed as set forth in
Section 3 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 to and from personal residence. 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. Reasonable periods for
break times shall not count as interrupting the consecutive 12 hour period but are
excluded from counted towards the 12 hours. 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 $0.56 cents per mile. 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 $7,500.
5 . Additional Work. In the event the County shall require changes in the scope,
character, or complexity of tno 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 1n the compensation and
dote provisions of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent contractor
and that neither Contractor nor Contractor's agents or employees arc, or shall be deemed
to be, agents or employees of the County for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of County,
nor is Cenrrnstor untitled tc an ,- employe - benefits from county as a result of the
arec.,_ic:, of ttia Agreement .
7 . Warranty. Contractor warrants that scrv:ces performed wider this Agreement will be
performed in a manna, consistent w_th the professional standards governing such services
and the provisions of this Agreement .
E . Reports County Property. All reports, lest result and 371. ether tangible materials
produced in cccrecr_o❑ with the per`crrrance of th s Agreement, whether or not such
narericls are it completed Porn, shall ar all Limas be considered the property of the
County. Cuntractor slioll nut make use of such material for purposes other than in
connection with this Agreen!eat without prior written approval of County.
_ . Acceptance of Product not Waiver. Upon completion of the work, Contractor shall submit
to County origin ._n of all test results, reports, c generated daring ccrnpl etion ot
this work .cceptanec by County of repels and incidental material furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and
accur.,cy ot the work. Acceptance by the County of, or payment for, any services performed
under tnis Agreement shall not he construed as a w„ ivar of any of the County's rights
under tiiis Agreement or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnity County, its
officer; and agents, from and against leas or liability arising from Contractor's
negligent acts, negligent errors or negligent omissions in seeking to perform its
obligations under this Agrcernenr Contractor shall provide nacensary workers'
compensation insurance at Contractor's own Cos: and expense.
11 . Termination. Either party nay terminate :his Agreement at any time by providing to
other party with a 10 day written notice thereof. Urtnermore, this Agreement may be
terminated at any time without notice upon a material preach et the terms o: the
Agreement . In the event of an early termination, Contractor small be paid for work
erforneri uo Lc the t_me cf notice and County shall he entitled the use of all material
generated pirsunnt < ti:ia Ay: tc.ent
2 . Non-Assignment. Contractor may not essLgn or transfer this Agreement, any interest
therein or claim there under, without the prior written approval of County.
l;. Access to Records. County shall have access to Protractor's financial records as they
aelate to this _Agrrnment for purposes ot aud'_- darn roraras she be complete and
vailable ter audit 40 days after final payment hereunder and shall he retained and
available for audit purposes ton at leant five years aster final payment hereunder.
Time of Essence. Time is or he essence in oac:r and all of I.lie provisions of this
Agreen!eii t.
15. Interruptions. Neither party to this 9g reemen: sea Ll be i ;-able to the other for
delays in delivery or failure to deliver or otherwt :' to perform any obligation under
this Agr'eement_, whore such fa_'_ure is due To any sauce beyond its reasonable control ,
including but not limited to Acts of God, fires, striXas, war, flood, earthquakes or
Jo__rnne:.:ai action:_ .
16. Notices. Any notice reg: _red to be given under tais Agreement shall be :.n writing and
shall be nailed or delivered :a the ocher party at that parry's address as stated above.
17. Compliance. This Ag_ee!ne.s and the provi5iiii of services' hereunder ,nhol _ he subject
to the laws of Cceiroado and bit Lb accurdait:u sa_i the ool.Lcies, procedures, and practices
ot orient';.
18. Non-Exclusive Agreement. This Agreemcmt is natexclusive and County may engage or use
Other Contactors O1 parsons Lo pe iorm services of Lhe sane or similar nature.
19. Certification. Contractoe represents, warrants, and agrees that it has verified that
Contractor does not employ any illegal aliens. If it is discovered that Contractor
employs illegal aliens or subcontracts with illegal aliens, County can terminate this
Agreement and Contractor may be held liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement between
the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prier negot_at`.on, representation, and understanding 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.
21. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation or. the part of County to expend ru:rds nut otherwise appropriated or budgeted
for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family shall
serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or
authorizes turding to Contractor.
23. Severability. It any term or condition of this Agreement shall be held to be invalid,
illegal, ur unenforceable, 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.
24. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess.
25. No Third party Beneficiary. ?1 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 ir. this Agreement shall give or allow any claim or right of action whatsoever by
any other per::cn not included in this Agreement. It is the exoress intention of the
undersigned parties that any entity other than the undersigned parties receiving services
or benefits under this Agreement shall he an incidental beneficiary only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year
wr i'_ter. below.
TEKsystems /
By: Mark amino
Senior: M ,,aiger oe Operations
ATTEST: �.�,rL 4,N) '4A BOARD OF COUNTY COMMISSIONERS _
Weld County Clerk to the Board 11 D COUNTY, C L DO
BY: AA ' ."t--
I De Jty Clerk to the Board Barbara Kirk eyer, Pr T m
uCT 2 7 20!4
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