HomeMy WebLinkAbout20060851.tiff RESOLUTION
RE: APPROVEINTERGOVERNMENTALSUBGRANTAGREEMENT FOR THE PURCHASE
OR LEASE OF HAVA COMPLIANT VOTING SYSTEMS AND AUTHORIZE CHAIR
TO SIGN
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 Intergovernmental SubgrantAgreement
for the Purchase or Lease of HAVACompliant Voting Systems between the County of Weld, State
of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the
Office of the Clerk and Recorder, and Colorado Department of State, commencing upon full
execution, and ending, 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 Intergovernmental Subgrant Agreement for the Purchase or Lease of
HAVACompliant Voting Systems between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Office of the Clerk and
Recorder, and Colorado Department of State, 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 22nd day of March, A.D., 2006.
/ OARD OF CeUNTY COMMISSIONERS
'
/� r,4�f� l LD CO jT Y, COLORADO
ATTEST: � UGC
JE ' '
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%"� % �,� �?� '� /
'•+++`' eile, Chair
Weld County Clerk to the Bo ®u QA4 EctL
David E. Long, Pro-Tem
BY: "LI 'a ( C1 LI
Dep ty CI- to the Bo- . -
Willis . Jerke
AP D AS
Robert D. Mas n
ounty Attorney
Glenn Vaa
Date of signature:
2006-0851
CR0023
C'o Cct Q 0i4- 11 -0C-
STATE OF COLORADO Gigi Dennis
Department of State Secretary of State
1700 Broadway, Suite 270 14 John Gardner
Denver,CO 80290 s ,., Voting Systems Specialist
•
March 14, 2006
Weld County
1402 N. 17th Ave
P.O. Box 459
Greeley, CO 80631-9563
Re: Enclosed Intergovernmental Agreement (IGA)
The Honorable Steve Moreno:
Enclosed you will find 4 copies of the IGA identified specifically for your County. All four
copies must be signed and returned to the Secretary of State's office to be eligible to receive
your funds. All copies are to be returned to Judye Schneider at our office. An original signed
document will be returned to you upon receiving the necessary State signatures.
Counties will be eligible to receive their funds contingent on the Secretary of State receiving the
four signed copies, successful review of your contract with a voting system vendor, and upon
receipt of an invoice for purchased equipment, software, and/or professional services related to
the purchase of a voting system. The funds will be distributed to your county via Electronic
Funds Transfer. Please send your contracts and invoices to John Gardner for review.
If you have questions regarding the completion of the IGA, or receiving your funds,please
contact Judye Schneider at judve.schneider@sos.state.co.us or(303) 894-2200 ext. 6321. For
questions related to contracts,voting systems and invoices,please contact John Gardner at
john.gardnerAsos.state.co.us,or(303) 894-2200 ext. 6318.
Thank you,
John Gardner
Voting Systems Specialist
Attachments: IGA Agreement four copies
Exhibit A—Rule 45.11
Exhibit B— Statewide DRE Funding Allocations
Exhibit C—Allowable Purchases
Main Number (303)894-2200
TDD (303)869-4867 Web Site www.sos.state.co.us
Fax-Administration (303)869-4861 E-mail iohn.gardner(a?sos.state.co.us
2006-0851
•
STATE OF COLORADO Gigi Dennis
Department of State Secretary of State
1700 Broadway
Suite 250 * j * William A. Hobbs
Denver, CO 80290 # ‘1"/):7,4EiriV" * Deputy Secretary of State
184
MEMORANDUM
To: All County Clerks k (�
From: Gigi Dennis, Secretary of State
Subject: Voting equipment update—Order of the Secretary of State
Date: March 14, 2006
Thank you so much for your continued help, support, and patience as my staff has worked
feverishly on certification of the election equipment. It has been a challenge, but Hart, Diebold,
and Sequoia have been certified, and they all promise to get the equipment delivered in sufficient
time for you to train your staff. Yes, it may mean burning the midnight oil for you and your
staff, but I am confident in the report from the three vendors that we will be ready for the August
primary.
I am hopeful that, while the equipment has been going through certification, you have been on
top of meeting with the vendors to make a selection for your office and voting constituencies.
John Gardner has traveled to many counties helping you ask the questions of the vendors,
making sure you understand the cost of the equipment as well as how the equipment works,
suggesting what should be written into the contract, and addressing other issues to assist you in
becoming comfortable and confident in your order. You should be ready to finalize the
agreement with your vendor.
I understand this has been a struggle. We have been moving as timely as possible, even with
changes which have occurred in this office. We have also been diligent in offering our help
when asked.
While some county clerks are interested in conducting mail ballot elections for the primary and
general elections this year, I am not advocating or supporting a mail ballot election. The law
does not permit a mail ballot election. I believe there is ample time to comply with the law and
be successful. In order to make clear my expectations, I am issuing the attached Order
concerning the use of voting equipment in the 2006 elections.
Again, my office stands ready to help in any way we can. Please let us know how we can help.
Main Number (303)894-2200 TDD
(303)869.4867
Administration (303)860-6900 Web Site www.sos.state.co.us
Fax-Administration (303)869-4860 E-mail—Administration sos.admin1@sos.state.co.us
ORDER
Pursuant to my authority under sections 1-1.5-104 (1) (d) and 1-1-107 (2) (d), Colorado
Revised Statutes, I now ORDER as follows:
(1) Each county clerk and recorder shall obtain and utilize certified voting
equipment necessary to conduct polling place elections for the primary and
general election in 2006 in accordance with the State Election Code and the
federal Help America Vote Act of 2002; and
(2) Each county clerk and recorder shall submit a written report to the Secretary of
State no later than April 17, 2006, describing the status of his or her county's
efforts to obtain such equipment.
By: r� ���l,> .(� March /y , 2006
Gr' Den
Secretary of State
RECEIVED
APR 13 2006 Department Number: VAA
CLIN#:
ELECTI OFONS FEIN: 846000813
SECRETARY STATE CFDA#: 90.401
INTERGOVERNMENTAL SUBGRANT AGREEMENT
WITH WELD COUNTY
FOR THE PURCHASE OR LEASE OF HAVA§ 301-COMPLIANT VOTING SYSTEMS
This Intergovernmental Subgrant Agreement (Agreement) is made this 22,rday ofaid ,
2006 by and between the Colorado Department of State (CDOS), 1700 Broadway, Suite 270,
Denver, CO 80290, and Weld County Board of Commissioners (Weld County), P.O. Box
758, Greeley, O 80632.
WHEREAS, authority exists in the law and funds have been budgeted, appropriated, and
otherwise made available, and a sufficient unencumbered balance thereof remains available for
payment in Fund Number 20P, Contract Encumbrance Number POVAA0600000000M7; and
WHEREAS, CDOS has received "requirements payments" funding from the General Services
Administration, on behalf of the United States Election Assistance Commission (EAC), under §
251 of the Help America Vote Act (HAVA), Public Law 107-252, for the purpose of acquiring
voting systems that are compliant with § 301 of HAVA and for other purposes as specified
therein; and
WHEREAS, the State of Colorado has enacted legislation implementing HAVA that involves
standards and deadlines for the acquisition and use of conforming voting systems, pursuant to
C.R.S. §§ 1-1.5-101, et seq., 1-5-601, et seq., and 1-5-701, et seq.; and
WHEREAS, CDOS has promulgated administrative rule, Rule 45, 8 CCR 1505-1, establishing
an application process for the certification, acquisition, installation, and use of HAVA § 301-
compliant voting systems; and
WHEREAS, counties in the State of Colorado have been determined to be authorized eligible
sub-grantees to purchase or lease HAVA § 301-compliant voting systems for use in federal and
state elections; and
WHEREAS, Weld County has indicated its intention to use the funds awarded to purchase or
lease voting systems that comply with federal and state requirements within the time allotted by
law; and
WHEREAS, CDOS periodically distributes HAVA funds to sub-grantees determined to be
eligible by using state and/or federal eligibility criteria and state application processes and
allocation procedures; and
WHEREAS, state fiscal rules require an agreement to distribute funds to a local governmental
entity and this Agreement is in keeping with applicable State laws, rules, and regulations.
Page 1 of 7
NOW, THEREFORE, CDOS and Weld County agree as follows:
1. Scope of Work: Weld County shall utilize the funds awarded hereunder solely for the
purpose of purchasing or leasing voting systems that are compliant with § 301 of HAVA
and state law. Such voting systems, including any optical scanning voting system or
direct recording electronic system, shall:
(a) permit the voter to verify (in a private and independent manner) the votes
selected by the voter on the ballot before the ballot is cast and counted;
(b) provide the voter with the opportunity (in a private and independent manner) to
change the ballot or correct any error before the ballot is cast and counted
(including the opportunity to correct the error through the issuance of a
replacement ballot if the voter was otherwise unable to change the ballot or
correct any error);
(c) if the voter selects votes for more than one candidate for a single office:
(i) notify the voter that the voter has selected more than one candidate for a
single office on the ballot;
(ii) notify the voter before the ballot is cast and counted of the effect of
casting multiple votes for the office; and
(iii) provide the voter with the opportunity to correct the ballot before the ballot
is cast and counted.
(d) produce a permanent paper record with a manual audit capacity; and
(e) provide alternative language accessibility pursuant to the requirements of § 203
of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-la).
In addition, these funds shall be utilized to provide at each polling place in the county at
least one direct recording electronic (DRE) voting system or other voting system
equipped for individuals with disabilities. Such voting system shall be accessible for
individuals with disabilities, including non-visual accessibility for the blind and visually
impaired, in a manner that provides the same opportunity for access and participation
(including privacy and independence) as for other voters.
Pursuant to § 301(b) of HAVA, a "voting system" means:
(a) the total combination of mechanical, electromechanical, or electronic equipment
(including software, firmware, and documentation required to program, control, and
support the equipment) that is used:
(i) to define ballots;
(ii) to cast and count votes;
(iii) to report or display election results; and
(iv) to maintain and produce any audit trail information; and
(b) the practices and associated documentation used:
(i) to identify system components and versions of such components;
(ii) to test the system during its development and maintenance;
(iii) to maintain records of system errors and defects;
(iv) to determine specific system changes to be made to a system after the
initial qualification of the system; and
(v) to make available any materials to the voter(such as notices, instructions,
forms, or paper ballots).
Page 2 of 7
All voting systems purchased or leased must be certified by CDOS, pursuant to C.R.S. §
1-5-601, et seq., and must be capable of producing a voter-verified paper record of each
elector's vote, pursuant to C.R.S. § 1-5-801, et seq.
2. Procurement and Application Process: Pursuant to C.R.S. § 1-5-614 and Rule 45.11,
8 CCR 1505-1, Weld County shall submit to CDOS for approval any proposed contract
for the purchase or lease of a voting system using HAVA § 251 funds. The proposed
contract shall be reviewed by CDOS in accordance with the provisions of Rule 45.11, 8
CCR 1505-1. Rule 45.11 is attached to this Agreement as Exhibit A, and incorporated
as a part of the Agreement.
3. Deliverable Due Date: As a condition precedent to accepting any federal funds
hereunder, Weld County expressly agrees to procure by sale or lease and install in
each polling place in the county at least one (1) disability accessible voting system for
use in the federal primary election on August 8, 2006.
4. Allocation and Reimbursement:
Payment: CDOS has allocated to Weld County the amount of $669,700.00 (Sixty
hundred sixty nine thousand seven hundred dollars and no cents) for the purchase
or lease of HAVA § 301-compliant voting systems, as indicated on the "HAVA § 301
Fund Allocation List" that is attached hereto and incorporated herein as Exhibit B. his
sum reflects a CDOS allocation only and not a disbursement, a distribution, or promise
to pay. All payments to the County shall be made solely on a reimbursement basis in
accordance with the terms and conditions of this Agreement, and the law.
Reimbursement shall occur only when sufficient documentation is provided to CDOS
certifying that the requested reimbursement is for the purchase or lease of voting
systems that comply with the Scope of Work of this Agreement and the terms and
conditions of the county contract as approved by CDOS in accordance with Rule 45.11,
8 CCR 1505-1, and C.R.S. § 1-5-617.
5. Availability of Funds: Payment pursuant to this Agreement is subject to and
contingent upon the continuing availability of federal funds for the purposes hereof. If
any of such federal funds become unavailable, as determined by CDOS, either party
may immediately terminate or seek to amend this Agreement.
6. Term of Agreement: This Agreement shall become effective upon execution by the
State Controller or designee and shall continue through December 31, 2010.
7. Maintenance of Effort Weld County hereby certifies that for its fiscal year ending
December 31, 2002, and for each county fiscal year thereafter, it has maintained and
shall continue to maintain not less than the same amount of expenditure on activities
arising under Title Ill of HAVA that it expended on such activities for its fiscal year ending
December 31, 2001, excluding funds expended during that period for capital
expenditures on new voting equipment, or any other one-time capital expenditure,
pursuant to C.R.S. § 1-1.5-106(6).
8. Accounting and Record Retention: Pursuant to § 902 of HAVA, Weld County shall
keep such records with respect to payments received under this Agreement as are
consistent with sound accounting principles, including records that fully disclose the
amount and disposition of payments received, the total cost of the project or undertaking
Page 3 of 7
for which such payments are used, the amount of that portion of the cost of the project or
undertaking supplied by other sources, and such other records as will facilitate an
effective audit. All accounting records involving funds received under this Agreement
shall be retained by Weld County for a period of not less than three (3) calendar years
from the date of the last payment of funds hereunder. Moreover, Weld County shall
repay any funds recouped against the State pursuant to HAVA, § 902(c), if the basis of
such recoupment was Weld County's failure to comply with the requirements of the
program, or its receipt of an excess payment under the program, as set forth therein.
9. Audits: All accounting records and other documents involving the use of payments
received under this Agreement shall be subject at all reasonable times to inspection,
review, or audit by authorized federal and state personnel, including staff of the EAC.
10. Nondiscrimination: Weld County shall comply with all applicable state and federal
laws, rules, regulations, and executive orders of the governor of Colorado involving
nondiscrimination on the basis of race, color, religion, national origin, age, disability, or
sex.
11. Compliance with Applicable Laws: At all times during the performance of this
Agreement, Weld County agrees to strictly adhere to all applicable federal and state
laws that have been or may hereafter be enacted. Weld County shall also comply with
all terms and conditions that CDOS has agreed to as a condition of receiving federal
funding under HAVA, including but not limited to the following:
• the Americans with Disabilities Act;
• OMB Circulars A21, A87, A110, A124, and A133, as applicable;
• 31 U.S.C. § 1352: Prohibition Against Use of Federal Funds for Lobbying;
• the Privacy Act of 1974;
• Certification required by 49 C.F.R., Part 29, "Government Debarment and
Suspension";
• Drug Free Workplace; and
• Title VI of the Civil Rights Act.
12. Suspension or Termination of Agreement: Weld County may terminate this
Agreement for convenience by notifying CDOS in writing that it will no longer seek
reimbursement for the purchase or lease of voting systems from the HAVA funds it has
been allocated pursuant to Section 4 herein. CDOS may suspend payment or withhold
reimbursement to Weld County under this Agreement only for cause, unless the
Secretary of CDOS at his or her sole discretion determines suspension of payment or
termination is otherwise necessary. Under this section, "cause" means the failure to
purchase or lease and make available for use voting systems that comply with § 301 of
HAVA or state law, or the failure to meet any of the requirements of Section 3,
"Deliverable Due Date."
13. Amendments: This Agreement and any of its terms and conditions shall only be
changed or amended by a writing signed by all parties and approved by the state
controller.
Page 4 of 7
14. Assignability: Neither this Agreement, nor any rights hereunder, shall be assignable
or otherwise transferable in whole or in part without the prior written consent of the
parties.
15. Waiver: The waiver of strict performance or the waiver of the breach of any term,
provision, or requirement of this Agreement shall not be construed or deemed as a
waiver of any subsequent breach of such term, provision, or requirement.
16. Integration of Understanding: This Agreement contains the entire understanding of
the parties hereto and neither it, nor the rights and obligations hereunder, may be
changed, modified, or waived except by an instrument in writing that is signed by the
parties hereto and approved by the state controller.
17. Paragraph Headings: Paragraph headings are inserted for convenience of reference
only.
18. Counterparts: This Agreement may be executed in multiple counterparts each of
which shall be deemed to be an original and all of which taken together shall constitute
one and the same agreement.
19. Notice: Any notices given under this Agreement shall be deemed to be effective when
received and shall be sent to the following:
For CDOS
Colorado Department of State
Director of HAVA
1700 Broadway, Suite 270
Denver, CO 80290
Phone: 303-894-2200
Facsimile: 303-869-4861
For Weld County
Weld County Clerk and Recorder
P.O. Box 459
Greeley, CO 80632
Phone: 970-304-6530
Fax: 970-353-1964
20. Severability To the extent that this Agreement may be executed and performance of
the obligation of the parties may be accomplished within the intent of the Agreement,
the terms of the Agreement are severable, and should any term or provision hereof be
declared invalid or become inoperative for any reason, such invalidity or failure shall not
affect the validity of any other term or provision hereof.
21. Authority to Enter into Contract: Each party represents and warrants that it has the
power and authority to enter into this Agreement, to grant the rights granted herein, and
to perform the duties and obligations herein described.
Page 5 of 7
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT:
Weld County: STATE OF COLORADO:
Bill Owens, Governor
tie
4.6.,
Sig" natu a of Authorized Officer Secfetary of State
Department of State
M. J. Geile, Chair
Print Name & Title of Authorized Officer 3/22/2006
84-6000-813
FEIN
Li#1144 LEGAL REVIEW
vrnsir.v.l) By John Suthers, Attorney General
anr,71,
,ry •0� : ./ ,I 1?(tF'lat(
tt51 li ''l .ttep' ty Cl k to the and By AL,L4, - _eC-/
IlIel
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
C.R.S.§24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller,
or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is
signed and date below. If performance begins prior to the date below,the State of Colorado may not be obligated to pay for the
goods and/or services provided.
STATE CONTROLLER:
Leslie M. Shenefelt
By: l)vEi fi'I-V Li:27O Ri
Date:
Page 6 of 7
awe-ohs/
SPECIAL PROVISIONS
(For Use Only with Intergovernmental Contracts)
1.CONTROLLER'S APPROVAL.C.R.S.§24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he
may designate.
2. FUND AVAILABILITY.C.R.S.§24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being
appropriated,budgeted,or otherwise made available.
3.INDEMNIFICATION.
To the extent authorized by law, the contractor/grantee shall indemnify, save, and hold harmless the State against any and all
claims,damages, liability,and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission
by the contractor/grantee,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract. 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 for the parties of the Colorado Govemmental Immunity Act, C.R.S. § 24-10-101, at seq., or the
Federal Tort Claims Act,28 U.S.C.2671,et seq.,as applicable,as now or hereafter amended.
4.INDEPENDENT CONTRACTOR.4 CCR 801-2
THE CONTRACTOR/GRANTEE SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND
SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR/GRANTEE, ITS EMPLOYEES, AND AGENTS.
NEITHER THE CONTRACTOR/GRANTEE NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR/GRANTEE SHALL BE OR
SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. THE CONTRACTOR/GRANTEE SHALL PAY WHEN
DUE ALL REQUIRED EMPLOYMENT, INCOME, AND LOCAL HEAD TAXES ON ANY MONIES PAID BY THE STATE
PURSUANT TO THIS CONTRACT. THE CONTRACTOR/GRANTEE ACKNOWLEDGES THAT THE CONTRACTOR/GRANTEE
AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE
CONTRACTOR/GRANTEE OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR
OR OTHERWISE PROVIDE SUCH COVERAGE. THE CONTRACTOR/GRANTEE SHALL HAVE NO AUTHORIZATION,
EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITIES, OR UNDERSTANDINGS EXCEPT AS
EXPRESSLY SET FORTH HEREIN. THE CONTRACTOR/GRANTEE SHALL PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW AND
PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE.
5.NON-DISCRIMINATION.
The contractor/grantee agrees to comply with the letter and the spirit of all applicable state and federal laws respecting
discrimination and unfair employment practices.
6.CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,
and enforcement of this contract. Any provision of this contract,whether or not incorporated herein by reference,that provides for
arbitration by any extra-judicial body or person or that is otherwise in conflict with said laws, rules, and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any
other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense,or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this
contract to the extent that the contract is capable of execution. At all times during the performance of this contract,the Contractor
shall strictly adhere to all applicable federal and state laws,rules,and regulations that have been or may hereafter be established.
7.SOFTWARE PIRACY PROHIBmON.Governor's Executive Order D 002 00
No State or other public funds payable under this contract shall be used for the acquisition,operation, or maintenance of computer
software in violation of United States copyright laws or applicable licensing restrictions. The contractor/grantee hereby certifies that,
for the term of this contract and any extensions, the contractor/grantee has in place appropriate systems and controls to prevent
such improper use of public funds. If the State determines that the contractor/grantee is in violation of this paragraph,the State may
exercise any remedy available at law or equity or under this contract, including, without limitation, immediate termination of the
contract and any remedy consistent with United States copyright laws or applicable licensing restrictions.
8.EMPLOYEE FINANCIAL INTEREST.C.R.S.§24-18-201 and§24-50-507
The signatories aver that,to their knowledge, no employee of the State of Colorado or of the contractor/grantee has any personal or
beneficial interest whatsoever in the service or property described herein.
Effective Date:April 1,2004
Page 7 of 7
EXHIBIT A
Rule 45.11 Rule Concerning Purchases and Contracts
45.11.1 Any voting system that has been certified under the procedures of this Rule are eligible for
purchase, lease,or rent for use by jurisdictions within the State of Colorado upon written approval by the
SOS of the contract between the jurisdiction and the voting system provider.
45.11.2 At the completion of contract negotiations, a jurisdiction entering into a contract to purchase,
lease or rent a voting system for use in the State of Colorado shall request approval of the contract from
the SOS prior to signing the contract.
45.11.3 The SOS or his or the agent shall approve the contract based on the following minimum criteria:
(a) The voting system is certified for use within the State.
(b) Contract contains training and maintenance costs for Jurisdiction.
(c) Contract identifies components contained in the certified voting system,and appears complete with all
accessories necessary for successfully conducting an election within the laws and rules of the State of
Colorado.
(d)The voting system and associated components are purchased at or below the following costs:
Item and Description Maximum Contracted Cost
Ballot Tabulation Only Software$48,000.00
Complete Software Package$420,000.00
DRE with V-VPAT$7,000.00
DRE without V-VPAT$5,000.00
DRE Card Activator or Programmer$3,000.00
DRE Disabled Devices attachment$1,000.00
Extended DRE Warranty Per unit Per Year$2,000.00
Precinct/Vote Center Level Optical Scanner$7,000.00
High Speed Absentee Scanner$120,000.00
Card Reader/Device to complete tabulation $7,000.00
Extended Warranty Per scanner unit Per Year$10,000.00
Yearly Maintenance$108,000.00
Ballot Programming Charges(complete)$65,000.00
Memory Cards or Cartridges(each)$1,000.00
45.11.4 The SOS shall take no more than three(3)business days to review the contract and return a
decision to the corresponding jurisdiction.
45.11.5 The SOS shall annually review the costs in the table in section 45.12.3 and update it as necessary.
45.11.6 The SOS shall maintain on file a list of all components used and purchased for use. The list shall
include at a minimum,the name of the jurisdiction, the date of purchase,the serial number(s)of voting
devices and voting systems that was purchased.
45.11.7 Additionally, the voting system provider shall,through the process of this rule,complete and
negotiate with the SOS a purchase price agreement for counties to use when purchasing equipment in the
State of Colorado. The pricing agreement shall:
(a) Be valid for one year from the date of certification;
(b) Require renegotiations at the end of the pricing agreement period to continue future sales within the
state;
(c)Allow counties to purchase equipment listed on the agreement at the agreed upon price for the
duration or to negotiate directly with the voting system provider for a potentially lower price; and
(d) Be inclusive of the best costs the voting system provider is willing to sell all components, including
any support, warranty or maintenance costs of the system being certified through this rule.
Page 1 of 1
Exhibit B
2006 ORE Funding Allocations
y
1 ADAMS 221,017 196 148 $473,600 40 $250,000 $250,000 7T ADAMS
2 ALAMOSA 9311 9 9 $28.800 2 $11,500 $16,000 -IIIICALAMOSA
3 364,198 368 207 1882.400 40 3250,000 $250,030 _IIMC ARAPAHOE
4 ARCHULETA 6556 9 8 $25,600 2 $12,500 $18,000 ARCHULETA
5 BACA 3,000 10 7 122,400 2 $12,500 $18,000 $4,000 IMI '2E BACA
6 BENT 3,098 6 6 $19,200 2 $12,500 $16,000 140,000 C BENT
7 BOULDER 215.141 229 101 3643,200 30 $187,500 $250,000 _t,E'...tr,2 BOULDER
B CHAFFEE 14,570 16 15 $48.000 4 125000 $18,000 $10,030 MIIIIEn CHAFFEE
9 CHEYENNE 1,671 7 5 $18,000 2 $12,500 $16,000 -C., CHEYENNE
10 CLEAR CREEK 7,826 12 9 $28,800 2 112.500 $18,000 $40,000 fir " CLEAR CREEK
11 SK•:'i 6'ea 5,482 11 10 $32,000 3 $18,750 $18,000 $40,000 PC CONEJOS
12 COSTILLA 2,891 9 9 328,600 3 316,750 $18,000 _X'T COSTILLA
13 CROWLEY 2,127 6 6 $19,200 2 312,500 118,000
14 CUSTER 3,294 4 3 68603 2 111,500 $18,000 CROWLEY
15 DELTA 19,996 21 9 $26,600 4 325,000 $16,000 DE CUSTER
18 DENVER 387,105 422 292 $934,400 45 3261,250 $250,000 371 "' DENVER
17 1,703 5 4 $12,600 2 312,500 $18,000 � 1AZ DENVER
18 DOUGLAS 159.377 131 64 $268,800 25 3158,250 $250,000 ._: DOUGLAS
19 EAGLE 28.364 30 18 651,200 6 $37,500 $16,000 -S1 DOUGLAS
EAGLE
20 ALBERT 15,006 16 13 (11,800 3 118750 $78,000 $40,000
21 EL PASO 356,571 378 190 3808,000 45 3281,250 1250,000 - j3LJ j' EL PASO
22 FREMONT 28,573 31 26 163,200 4 125,000 $18,000 $40,000 IIIIIIKI[L Z' FREMONT
23 GARFIELD 19,310 28 28 $83,200 4 $25,000 $16,000
24 GAPIN 4,356 7 4 $12,800 2 312,500 $18,000 $10,000 GILPIN
25 GRAND 11,281 13 9 $28,600 4 125,000 $18,000 140,000 C GRAND
28 GUNNISON 12,719 18 6 319,200 3 $18,750 $18,000 $40,000
GUNNISON
27 HINSDALE 781 4 3 $9.600 2 112,500 $18,000 ID
C HINSDALE
- HUERFANO
28 HUERFANO 1,909 12 3 $9,800 3 $78,750 $18,000 540,000 �T'FTi HUERFANN O
29 JACKSON 1,285 6 3 $9,800 1 38,250 $18,000 -Ml.tam JACKSON
30 JEFFERSON 375,003 330 247 6790,400 50 5312,500 $250,000 .1381767 JEFFERSON
31 KIOWA 1,178 5 5 318,003 2 $12500 318000 -�L�]JEFFERSON
_C Kp
32 NIT CARSON 5,707 14 13 $41,600 3 318,730 118,000 $40,000
33 LA PLATA 36,052 81 19 160.800 5 $31,250 $18,000 - LA PLATA
C A CARSON
34 LAKE 4,610 7 2 $8,403 1 $6,250 $18000 $40,000 ,4 LAKE
35 LARIAER 199,271 144 129 $412,803 30 1167,503 1250.000
36 9.224 17 16 $51.200 4 125003 $18,000 340,000 IC, LAS ANBAAS
37 LINCOLN 2,958 14 13 $41,600 3 $18,750 $18,000 -17j„7G1,r, LINCOLN
38 LOGAN 11,670 17 17 $54,400 3 $18,750 $18,030 $40,030 L LOGAN
39 MESA 69.745 83 71 $227,200 15 193,750 1250003 C
MESA
40 MINERAL 801 2 2 38.400 1 $6,250 118,000 Illimaim MINERAL
41 MOFFAT 8,726 14 12 138,403 3 $18,750 $18,030 $40,0 0 MI= MOFFAT
42 MONTEZUMA 17,291 12 12 $38,400 3 $18,750 $18,030
43 ...�4H:I•zgi 221,900 23 22 $70,400 4 325,000 $18,030 $40,030 ElaL7)!'. ' MONTROSE
44 MORGAN 15,148 18 15 148,000 3 314750 318,000 $40,000 MIIIIII= MORGAN
45 OTERO 12,526 19 17 $54,400 3 116,750 $18,030 $40,003
OTERO
46 OURAY 3,693 6 4 $12,803 2 $12,503 $18,000
-IIIIC OURAY 47 PARK 11,716 13 12 138,403 4 $25,000 318,003 310,000
48 PHILLIPS 3,016 9 9 128800 2 $12,500 $18,000 140,000 1 PARK
� PH9LIPS
49 PITNW 0 0 13,200 11 11 135,203 3 $18,750 $18, N
-
50 PROWERS 8,723 14 14 344,830,344,8301 112,503 03 03 176, 0 140, 0 C PROWERS
51 PUEBLO 92635 263 90 $268,003 15 193,750 $250,030 $40,000 IIII.MIC PUEBLO
52 RIO BLANCO 4,474 6 6 119,200 2 $12,500 318.000 140,000
53 RIO GRANDE 8193 16 16 $51,200 3 318,750 118 000 $40,000 C RIO BLANCO
C RIO GRANDE
54 ROUTT 18,777 21 20 584,030 3 178,750 $16,003 $40,000 31447' ROUTT
55 SAGUACHE 4,022 10 6 $19,200 5 131,250 $18,030 ly SAGUACHE
56 SAN JUAN 648 2 1 13,200 1 $8,150 $18,000 SANla= JUAN
57 SAN MIGUEL 7,171 7 7 642,400 3 318,750 $18,003 $40,000 IIIIMaC SAN MIGUEL
5a SEDGWICK 1,737 6 5 $18,000 2 $12,500 318,000 $40,003
SEDGWICK
69 SUMMIT SUMM 11,401 18 17 554.4 4 $25 03 11, 0 8,003 110,000 $117,400 SUMMA
60 TELLER 16718 14 8 $25.600 3 318,750 318,030
TELLER
61 WASHINGTON 3.150 7 7 $22,400 2 172,503 116,003 110,030 $92,1120 WASHINGTON
61 WELD 121,166 101 96 $307,200 18 $112,500 1250,030
- 1469,700 WELD
63 PUMA 8,216 15 15 146,003 3 578,750 676,030 -C YUIM
84 BROOMFIELD 31,116 39 28 189,603 5 631,250 $18,000 $138,810 BROOMFIELD
ICY _. ::': 1::571: _. :ty's : t ; 1 X.. ;. _..51 9i r l5:1inT'J17j.=111fC.:_-.858:.:1C 1'
Page 1 of 1
oF•CPC
STATE OF COLORADO fr
Department of State FQ 3 . ' 90 Gigi Dennis
1700 Broadway rn_ O Secretary of State
Suite 250 �, `t,' y. William A. Hobbs
Denver,CO 80290 ;.c-it = Deputy Secretary of State
1876
April 24, 2006
Honorable Steve Moreno
Weld County Clerk and Recorder
P O Box 459
Greeley, CO 80632-0459
Re: Intergovernmental Agreement—Voting Systems
Dear Steve:
Enclosed is a fully executed agreement between the State and Weld County. This agreement, in
the amount of$669,700.00, allocates funds to Weld County for the purchase or lease of HAVA-
Compliant Voting Systems.
When you have obtained the equipment,please send a copy of the invoice for funds you wish
disbursed to you and we will process a payment to your county. Please be sure the copy of the
invoice or accompanying documentation clearly lists the quantities and types of equipment or
services for which the funds are being used. We will process a payment to Weld County via
Electronic Funds Transfer unless payment in the form of a State check is requested.
If you have any questions regarding this process, please feel free to contact me at 303-860-6907
or at judye.schneider(a,sos.state.co.us.
Sincerely,
J-ec/.C
Judye Schneider
HAVA Budget/Policy Analyst
Main Number (303)894-2200 TDD
(303)860-6900 (303)869 8e.
AdministrationWeb Site wwwsosstate.co.us
Fax-Administration (303)869-4860 E-mail—Administration sos.adminl@sos.state.co.us
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