HomeMy WebLinkAbout20231914.tiffRESOLUTION
RE: APPROVE GRANT AWARD LETTER AND INTERGOVERNMENTAL AGREEMENT
SUMMARY OF TERMS AND CONDITIONS FOR DEMOCRACY SUITE ICX PRINTER
REIMBURSEMENT AND AUTHORIZE CHAIR TO SIGN AND SUBMIT
ELECTRONICALLY
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 Grant Award Letter and
Intergovernmental Agreement Summary of Terms and Conditions for Democracy Suite ICX
Printer Reimbursement 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 the
Colorado Department of State, commencing upon full execution of signatures, and ending
December 26, 2025, with further terms and conditions being as stated in said letter and
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said letter and
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 Grant Award Letter and Intergovernmental Agreement Summary
of Terms and Conditions for Democracy Suite ICX Printer Reimbursement 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 the 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 electronically sign and submit said letter and agreement, effective June 30, 2023.
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2023-1914
CR0034
GRANT AWARD LETTER AND INTERGOVERNMENTAL AGREEMENT SUMMARY OF
TERMS AND CONDITIONS FOR DEMOCRACY SUITE ICX PRINTER REIMBURSEMENT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of July, A.D., 2023, nunc pro tunc June 30, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: „4t , XGtO;,k
Weld County Clerk to th- Board
BY:
AP
County A ney
Date of signature: O7/g4
/2
Mik eeman, Chair
k, Pro-Tem
tt K. Jame
Lori Saine
2023-1914
CR0034
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Acceptance of Grant Award Letter for purchase of Ballot Marking Device Printers.
DEPARTMENT: Elections -11200 DATE: 6/29/2023
PERSON REQUESTING: Carly Koppes
Brief description of the problem/issue:
The Colorado Department of State approved funding for reimbursement of costs for acquisition of Ballot
Marking Device printers. These printers are used in conjunction with the ballot marking devices we deploy to
our voter service and polling centers.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Voters must be able to print an actual completed ballot when using a ballot marking device at voting locations.
Currently the printer we use can only print maximum size ballot of 14 inches. Most elections we use an 18 -
inch ballot with ballot content on both sides. Printers used at the voter service and polling centers must be
capable of printing duplex in excess of 14 -inches.
Recommendation
Please have BOCC chair Mike Freeman sign the grant award letter. We have been awarded $113,025 to
offset the cost of purchasing and shipping costs for buying the printers.
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Approve
Recommendation
Via Efilask0
Schedule
Work Session
Other/Comments:
2023-1914
7A0
C2O
034
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Approve
Mike Freeman
Friday, June 30, 2023 4:02 PM
Karla Ford
Kevin Ross
Re: Complete with DocuSign: ICX Grant Agreement between Weld County and
Department of State
Sent from my iPad
On Jun 30, 2023, at 9:14 PM, Karla Ford <kford@weld.gov>wrote:
Please advise if you approve their recommendation
Get Outlook for iOS
From: Rudy Santos <rsantos@weld.gov>
Sent: Thursday, June 29, 2023 4:08:38 PM
To: BOCC Contracts <BOCC-Contracts@co.weld.co.us>; Carly Koppes <ckoppes@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Cheryl Hoffman
<choffman@weld.gov>; Houstan Aragon <haragon@weld.gov>; Chloe White <cwhite@weld.gov>
Subject: RE: Complete with DocuSign: ICX Grant Agreement between Weld County and Department of
State
Hello Everyone,
Please use this document as the pass around instead of the previous document. I have changed the title
of the document to reflect the Acceptance of the Printer Grant.
Survey: Tell us how we are doing
Rudy Santos
Chief Deputy
Weld County Clerk and Recorder
(970) 400-3059
Motor Vehicle: www.weldmotorvehicle.com
Elections: www.weldvotes.com
<image002.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are
intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. If you have received this communication
in error, please immediately notify sender by return e-mail and destroy the communication. Any
Karla Ford
From:
Sent:
To:
Subject:
Approve
Kevin Ross
Kevin Ross
Friday, June 30, 2023 1:23 PM
Karla Ford; Mike Freeman
Re: Complete with DocuSign: ICX Grant Agreement between Weld County and
Department of State
From: Karla Ford <kford@weld.gov>
Sent: Friday, June 30, 2023 1:14:25 PM
To: Mike Freeman <mfreeman @weld.gov>; Kevin Ross <kross@weld.gov>
Subject: Fwd: Complete with DocuSign: ICX Grant Agreement between Weld County and Department of State
Please advise if you approve their recommendation .
Get Outlook for iOS
From: Rudy Santos <rsantos@weld.gov>
Sent: Thursday, June 29, 2023 4:08:38 PM
To: BOCC Contracts <BOCC-Contracts@co.weld.co.us>; Carly Koppes <ckoppes@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Houstan
Aragon <haragon@weld.gov>; Chloe White <cwhite@weld.gov>
Subject: RE: Complete with DocuSign: ICX Grant Agreement between Weld County and Department of State
Hello Everyone,
Please use this document as the pass around instead of the previous document. I have changed the title of the
document to reflect the Acceptance of the Printer Grant.
Survey: Tell us how we are doing
Rudy Santos
Chief Deputy
Weld County Clerk and Recorder
(970) 400-3059
Motor Vehicle: www.weldrnotorvehicle.com
Elections: www.weldvotes.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
1
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F 1829139
STATE OF COLORADO
Department of State
1700 Broadway, Suite 550
Denver, CO 80290
June 23, 2023
Weld County
Attn: Carly Koppes, County Clerk and Recorder
PO Box 459
Greeley, CO 80632
Dear Clerk Koppes:
Jena M. Griswold
Secretary of State
Christopher P. Beall
Deputy Secretary of State
CMS # 183955
CORE #: CT, VAAA, HA VA, 2024-1206
We are pleased to inform you that Colorado Department of State (CDOS) has approved your application for
funding pursuant to the ImageCast X (ICX) Printer Grant Program ("Program") in the amount of $1 13,025.00.
This funding is a sub -grant from CDOS's Help America Vote Act (HAVA) Section 251 Grant, including a
$7,949.60 Local Match amount). This letter authorizes you to proceed with the purchase of the ICX printers
from Dominion Voting Systems ("Project") in accordance with the terms of this Grant Award Letter.
Attached to this letter are the terms and conditions of your Grant. Please review these terms and conditions as
they are requirements of this Grant to which you Grantee agree by accepting the Grant Funds. If you are
satisfied with the terms and conditions of this Grant Award Letter, please sign using the DocuSign email
invitation to sign.
Should you have questions regarding this Grant, please contact: Jessi Romero at
Jessi.Romero@coloradosos.gov.
Best regards,
—DocuSigned by:
(LaopLr faLL
\-- 7C7BA4DE09A543F...
Christopher Beall
Deputy Secretary of State
020,B -/*4-
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
GRANT AWARD LETTER
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency
Colorado Department of State (CDOS)
Grant Amount (Federal Funds)
State Fiscal Year 2023-24: $105,075.40
Total for all State Fiscal Years: $105,075.40
Grant Amount (Local State Match)
State Fiscal Year 2023-24: $7,949.60
Total for all State Fiscal Years: $7,949.60
Grant Amount (Total Federal and State Match)
Total for all Funds for All State Fiscal Years $113,025.00
Grantee
Board of County Commissioners of Weld County
UEI Number: MKKXT9U9MTVS
Grant Issuance Date
The later of July 1, 2023 or the date the State Controller or an
authorized delegate signs this Grant Letter
Grant Expiration Date
December 26, 2025
CMS # 183955
CORE #: CT, VAAA, HAVA, 2024-1206
Grant Authority
On April 17, 2018, the Colorado Department of State (CDOS)
received an initial Help America Vote Act (HAVA) Election
Security Award from the US Election Assistance Commission
(EAC). The Award, which includes twenty percent in State
matching funds, grants CDOS the "discretion as to if and how
[it] make[s] available funds to local election jurisdictions."
HAVA funds are continuously appropriated to the Department
of State pursuant to §1-1.5-106(2)(b) C.R.S. CDOS is
authorized to make such awards to counties by §1-1.5-106(7)
C.R.S.
On June 17, 2004, the Colorado Department of State (CDOS)
received an initial Help America Vote Act (HAVA) Section
251 Award of the HAVA Act from the US Election Assistance
Commission (EAC). The Award, which includes five percent
in State matching funds, grants CDOS the "discretion as to if
and how [it] make[s] available funds to local election
jurisdictions." HAVA funds are continuously appropriated to
the Department of State pursuant to §1-1.5-106(2)(b) C.R.S.
CDOS is authorized to make such awards to counties by §1-
1.5-106(7) C.R.S.
Grant Agreement: CO1801001-01
Catalog of Federal Domestic Assistance (CFDA) #: 90.404
Grant Agreement: CO 11 RP01-01
Catalog of Federal Domestic Assistance (CFDA) #: 90.401
Grant Purpose
This grant program (the ICX Printer Grant Program) is to assist Colorado counties with the costs of acquiring the new HP
M404dn printer(s) for use with their Dominion ImageCast X (ICX) ballot marking device which provides flexibility when
using the uniform ballot option. The uniform ballot functionality improves the administration of federal elections by removing
the QR code from ICX ballots and instead produces an ICX ballot that looks the same as mail ballots. Use of the uniform ballot
requires additional space for ballot content and a potential increase in ballot card size, especially for federal elections.
Acquisition of the new printer will give counties the option to use ballot cards larger than 14 inches.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
1. Exhibit A, Statement of Work.
CMS # 183955
CORE #: CT, VAAA, HAVA, 2024-1206
Page 1 of 12
Version 08.10.2021,
as modified by CDOS 05.12.2022
ao/91,7L
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
2. Exhibit B, Budget.
3. Exhibit C, Federal Provisions.
4. Exhibit D, County Grant Application
In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
1. Exhibit C, Federal Provisions.
2. The provisions of the other sections of the main body of this Grant.
3. Exhibit A, Statement of Work.
4. Exhibit B, Budget.
5. Exhibit D, County Grant Application
SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of State
Jena M. Griswold, Secretary of State
p--DocuSigned by:
(JA,vistartux bud
,--7C78A4DE09A5431-
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY
DocuSigned by:
Chat, F
By: Christopher Beall, Deputy Secretary of State
June 30, 2023
Date:
981g�oDaZQ�ral,..,
y: l e Freeman, BOCC Chair
June 30, 2023
Date:
In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
DocuSigned by:
Ei?,-.4
By: Brad Lang, ControllerE c� i j tirector, Department of State, OSC Delegate
July 6, 2023
Date:
CMS # 183955
CORE #: CT, VAAA, HAVA, 2024-1206 Page 2 of 12
Version 08.10.2021,
as modified by CDOS 05.12.2022
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award
Letter (the "State") hereby obligates and awards to Grantee shown on the first page of this Grant
Award Letter (the "Grantee") an award of Grant Funds in the amounts shown on the first page of
this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter,
Grantee agrees to comply with the terms ar‘d conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Grant Award Letter shall commence on the
Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter.
Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant
Award Letter by providing Grantee with an updated Grant Award Letter showing the new
Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, Federal or other funds
used for this Grant Award Letter are not appropriated, or otherwise become unavailable to
fund this Grant Award Letter, the State, in its discretion, may terminate this Grant Award
Letter in whole or in part by providing written notice to Grantee that includes, to the extent
practicable, the public interest justification for the termination. If the State terminates this
Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to
the percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed, as determined by the State,
less payments previously made. Additionally, the State, in its discretion, may reimburse
Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this
Grant Award Letter that are incurred by Grantee and are directly attributable to the
uncompleted portion of Grantee's obligations, provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This
subsection shall not apply to a termination of this Grant Award Letter by the State for
breach by Grantee.
C. Grantee's Termination Under Federal Requirements
Grantee may request termination of this Grant by sending notice to the State, or to the
Federal Awarding Agency with a copy to the State, which includes the reasons for the
termination and the effective date of the termination. If this Grant is terminated in this
manner, then Grantee shall return any advanced payments made for work that will not be
performed prior to the effective date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget" means the budget for the Work described in Exhibit B.
CMS # 183955
CORE #: CT, VAAA, HAVA, 2024-1206 Page 3 of 12 version 08.10.2021,
as modified by CDOS 05.12.2022
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
B. "Business Day" means any day in which the State is open and conducting business, but
shall not include Saturday, Sunday or any day on which the State observes one of the
holidays listed in §24-11-101(1), C.R.S.
C.
D. "CORA" means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
E. "Grant Award Letter" means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future updates thereto.
F. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
G. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
H. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this
Grant Award Letter.
I. "Exhibits" exhibits and attachments included with this Grant as shown on the first page of
this Grant
J. "Extension Term" means the period of time by which the Grant Expiration Date is
extended by the State through delivery of an updated Grant Award Letter
K. "Federal Award" means an award of Federal financial assistance or a cost -reimbursement
contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the
Recipient. "Federal Award" also means an agreement setting forth the terms and conditions
of the Federal Award. The term does not include payments to a contractor or payments to
an individual that is a beneficiary of a Federal program.
L. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient. US Election Assistance Commission (EAC) is the Federal Awarding Agency for
the Federal Award which is the subject of this Grant.
M. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired,
produced, or delivered by Grantee in connection with the Services.
N. "Incident" means any accidental or deliberate event that results in or constitutes an
imminent threat of the unauthorized access or disclosure of State Confidential Information
or of the unauthorized modification, disruption, or destruction of any State Records.
O. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Expiration Date.
P. "Matching Funds" means the funds provided Grantee as a match required to receive the
Grant Funds.
Q. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
R. "PII" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual's identity, such as name, social security number, date and place of birth,
CMS # 183955
CORE 4: CT, VAAA, HAVA, 2024-1206
Page 4 of 12 Version 08.10.2021,
as modified by CDOS 05.12.2022
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
mother's maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §§24-72-501 and 24-73-101, C.R.S.
S. "Recipient" means the State Agency shown on the first page of this Grant Award Letter,
for the purposes of the Federal Award.
T. "Services" means the services to be performed by Grantee as set forth in this Grant Award
Letter, and shall include any services to be rendered by Grantee in connection with the
Goods.
U. "State Confidential Information" means any and all State Records not subject to
disclosure under CORA. State Confidential Information shall include, but is not limited to,
PII and State personnel records not subject to disclosure under CORA. State Confidential
Information shall not include information or data concerning individuals that is not deemed
confidential but nevertheless belongs to the State, which has been communicated,
furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant
to CORA; (ii) is already known to Contractor without restrictions at the time of its
disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach
of any obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without
confidentiality obligations, by a third party who has the right to disclose such information;
or (v) was independently developed without reliance on any State Confidential Information.
V. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
W. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year
and ending on June 30 of the following calendar year. If a single calendar year follows the
term, then it means the State Fiscal Year ending in that calendar year.
X. "State Records" means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
Y. "Sub -Award" means this grant by the State (a Recipient) to Grantee (a Subrecipient)
funded in whole or in part by a Federal Award. The terms and conditions of the Federal
Award flow down to this Sub -Award unless the terms and conditions of the Federal Award
specifically indicate otherwise.
Z. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub -grantees.
AA. "Subrecipient" means a state, local government, Indian tribe, institution of higher
education (IHE), or nonprofit organization entity that receives a Sub -Award from a
Recipient to carry out part of a Federal program, but does not include an individual that is a
beneficiary of such program. A Subrecipient may also be a recipient of other Federal
Awards directly from a Federal Awarding Agency. For the purposes of this Grant, Grantee
is a Subrecipient.
BB. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 CFR Part 200, commonly known as the "Super Circular, which supersedes
CMS # 183955
CORE #: CT, VAAA, HAVA, 2024-1206 Page 5 of 12
Version 08.10.2021,
as modified by CDOS 05.12.2022
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133,
and the guidance in Circular A-50 on Single Audit Act follow-up.
CC. "Work" means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
DD. "Work Product" means the tangible and intangible results of the Work, whether finished
or unfinished, including drafts. Work Product includes, but is not limited to, documents,
text, software (including source code), research, reports, proposals, specifications, plans,
notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models,
surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work.
"Work Product" does not include any material that was developed prior to the Grant
Issuance Date that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed
and interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit A. The State shall have no liability to compensate or reimburse Grantee
for the delivery of any goods or the performance of any services that are not specifically set forth
in this Grant Award Letter.
5. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds.
Financial obligations of the State payable after the current State Fiscal Year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
The State shall not be liable to pay or reimburse Grantee for any Work performed or
expense incurred before the Grant Issuance Date or after the Grant Expiration Date;
provided, however, that Work performed and expenses incurred by Grantee before the
Grant Issuance Date that are chargeable to an active Federal Award may be submitted for
reimbursement as permitted by the terms of the Federal Award.
B. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency
or the State to disallow costs and recover funds on the basis of a later audit or other review.
Any cost disallowance recovery is to be made within the Record Retention Period, as
defined below.
C. Matching Funds
Grantee shall provide the Local Match Amount shown on the first page of this Grant Award
Letter and described in Exhibit A (the "Local Match Amount"). Grantee shall appropriate
and allocate all Local Match Amounts to the purpose of this Grant Award Letter each fiscal
year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting
this Grant Award Letter irrevocably pledge present cash reserves for payments in future
fiscal years, and this Grant Award Letter is not intended to create a multiple -fiscal year debt
of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees,
taxes or penalties of any nature, except as required by Grantee's laws or policies.
CMS # 183955
CORE #: CT, VAAA, HAVA, 2024-1206 Page 6 of 12 version 08.10.2021,
as modified by CDOS 05.12.2022
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
D. Reimbursement of Grantee Costs
The State shall reimburse Grantee's allowable costs, not exceeding the maximum total
amount described in this Grant Award Letter for all allowable costs described in this Grant
Award Letter and shown in the Budget, except that Grantee may adjust the amounts
between each line item of the Budget without formal modification to this Agreement as
long as the Grantee provides notice to the State of the change, the change does not modify
the total maximum amount of this Grant Award Letter or the maximum amount for any
state fiscal year, and the change does not modify any requirements of the Work. The State
shall reimburse Grantee for the Federal share of properly documented allowable costs
related to the Work after the State's review and approval thereof, subject to the provisions
of this Grant. The State shall only reimburse allowable costs if those costs are: (i)
reasonable and necessary to accomplish the Work and for the Goods and Services provided;
and (ii) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value
received by Grantee that reduce the cost actually incurred).
E. Close -Out
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Grant Award Letter and Grantee's final reimbursement
request or invoice. The State will withhold 5% of allowable costs until all final
documentation has been submitted and accepted by the State as substantially complete. If
the Federal Awarding Agency has not closed this Federal Award within 1 year and 90 days
after the Grant Expiration Date due to Grantee's failure to submit required documentation,
then Grantee may be prohibited from applying for new Federal Awards through the State
until such documentation is submitted and accepted.
6. REPORTING - NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than
the end of the close out described in §5.E, containing an evaluation and review of Grantee's
performance and the final status of Grantee's obligations hereunder.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State and the Federal Awarding
Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal Award. The State or the Federal Awarding
Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31
U.S.C. 3321, which may include, without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any
manner to this Grant for a period of three years following the completion of the close out of
this Grant. In addition, the Grantee shall provide a copy of all records pertaining to the
Grant to the State, to enable the State to comply with the extended retention period of its
CMS # 183955
CORE #: CT, VAAA, HAVA, 2024-1206
Page 7 of 12 Version 08.10.2021,
as modified by CDOS 05.12.2022
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grant from the EAC. Grantee shall permit the State to audit, inspect, examine, excerpt, copy
and transcribe all such records during normal business hours at Grantee's office or place of
business, unless the State determines that an audit or inspection is required without notice at
a different time to protect the interests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Grant Award
Letter using procedures as determined by the State. Grantee shall allow the State to perform
all monitoring required by the Uniform Guidance, based on the State's risk analysis of
Grantee. The State shall have the right, in its sole discretion, to change its monitoring
procedures and requirements at any time during the term of this Agreement. The State shall
monitor Grantee's performance in a manner that does not unduly interfere with Grantee's
performance of the Work. If Grantee enters into a subcontract or subgrant with an entity
that would also be considered a Subrecipient, then the subcontract or subgrant entered into
by Grantee shall contain provisions permitting both Grantee and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
C. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee's records that relates to or affects this Grant or the Work, whether the
audit is conducted by Grantee or a third party. Additionally, if Grantee is required to
perform a single audit under 2 CFR 200.501, et seq., then Grantee shall submit a copy of
the results of that audit to the State within the same timelines as the submission to the
federal government.
8. CONFIDENTIAL INFORMATION -STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publicly available at
the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee's own benefit, publish,
copy, or otherwise disclose to any third party, or permit the use by any third party for its
benefit or to the detriment of the State, any State Records, except as otherwise stated in this
Grant Award Letter. Grantee shall provide for the security of all State Confidential
Information in accordance with all policies promulgated by the Colorado Office of
Information Security and all applicable laws, rules, policies, publications, and guidelines. If
Grantee or any of its Subcontractors will or may receive the following types of data,
Grantee or its Subcontractors shall provide for the security of such data according to the
following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information
and in accordance with the Safeguarding Requirements for Federal Tax Information
attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI Data
Security Standard from the PCI Security Standards Council for all PCI, (iii) the most
recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation,
Criminal Justice Information Services Security Policy for all CJI, and (iv) the federal
Health Insurance Portability and Accountability Act for all PHI and the HIPAA Business
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Associate Agreement attached to this Grant, if applicable. Grantee shall immediately
forward any request or demand for State Records to the State's principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees,
assigns, and Subcontractors sign nondisclosure agreements with provisions at least as
protective as those in this Grant, and that the nondisclosure agreements are in force at all
times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and
shall maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring
access and use of State Confidential Information and evaluating security control
effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State
Records provided to Grantee or destroy such State Records and certify to the State that it
has done so, as directed by the State. If Grantee is prevented by law or regulation from
returning or destroying State Confidential Information, Grantee warrants it will guarantee
the confidentiality of, and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and
cooperate with the State regarding recovery, remediation, and the necessity to involve law
enforcement, as determined by the State. After an Incident, Grantee shall take steps to
reduce the risk of incurring a similar type of Incident in the future as directed by the State,
which may include, but is not limited to, developing and implementing a remediation plan
that is approved by the State at no additional cost to the State.
E. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement,
Grantee shall provide for the security of such PII, in a manner and form acceptable to the
State, including, without limitation, State non -disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Grantee shall be
a "Third -Party Service Provider" as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
9. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict
in any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall
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be harmful to the State's interests and absent the State's prior written approval, Grantee shall
refrain from any practices, activities or relationships that reasonably appear to be in conflict with
the full performance of Grantee's obligations under this Grant. If a conflict or the appearance of a
conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has
arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details
for the State's consideration.
10. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
11. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee
fails to comply with any term or condition of this Grant or any terms of the Federal Award, the
State may terminate some or all of this Grant and require Grantee to repay any or all Grant funds
to the State in the State's sole discretion. The State may also terminate this Grant Award Letter
at any time if the State has determined, in its sole discretion, that Grantee has ceased performing
the Work without intent to resume performance, prior to the completion of the Work.
12. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as required or permitted by federal
regulations related to any Federal Award that provided any of the Grant Funds, disputes
concerning the performance of this Grant that cannot be resolved by the designated Party
representatives shall be referred in writing to a senior departmental management staff member
designated by the State and a senior manager or official designated by Grantee for resolution.
13. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
email to the representative of the other Party. Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this §13.
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license,
with the right to sublicense, to make, use, reproduce, distribute, perform, display, create
derivatives of and otherwise exploit all intellectual property created by Grantee or any
Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to
this Grant.
15. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act,
§24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28
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U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. 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, contained in these
statutes.
16. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or
transfer without such consent shall be void. Any assignment or transfer of Grantee's rights
and obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference
only, and shall not be used to interpret, define, or limit its provisions. All references in this
Grant Award Letter to sections (whether spelled out or using the § symbol), subsections,
exhibits or other attachments, are references to sections, subsections, exhibits or other
attachments contained herein or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to
the Work, oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following
receipt of the updated letter. The Parties may also agree to modification of the terms and
conditions of the Grant in a formal amendment to this Grant, properly executed and
approved in accordance with applicable Colorado State law and State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Grant Issuance Date. Grantee 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.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
G. Severability
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The invalidity or unenforceability of any provision of this Grant Award Letter shall not
affect the validity or enforceability of any other provision of this Grant Award Letter,
which shall remain in full force and effect, provided that the Parties can continue to perform
their obligations under the Grant in accordance with the intent of the Grant.
H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the
Grant and shall be enforceable by the other Party.
Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or
entity other than the Parties. Any services or benefits which third parties receive as a result
of this Grant are incidental to the Grant, and do not create any rights for such third parties.
J. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Grant
Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor
shall any single or partial exercise of any right, power, or privilege preclude any other or
further exercise of such right, power, or privilege.
K. Compliance with State and Federal Law, Regulations, and Executive Orders
Grantee shall comply with all State and Federal law, regulations, executive orders, State
and Federal Awarding Agency policies, procedures, directives, and reporting requirements
at all times during the term of this Grant.
L. Accessibility
Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of
1973, as amended, and §§24-85-101, et seq., C.R.S. Grantee shall comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated
in the State of Colorado technology standards and available at
https://www.w3.org/TR/WCAG21/.
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EXHIBIT A, STATEMENT OF WORK
A. Introduction
Counties who acquire the new HP M404dn printer(s) for use with their Dominion ImageCast X
(ICX) ballot marking device provide flexibility when using the uniform ballot option. The
uniform ballot functionality removes the QR code from ICX ballots and instead produces an
ICX ballot that looks the same as mail ballots. Use of the uniform ballot requires additional
space for ballot content and a potential increase in ballot card size, especially for Federal
Elections. Acquisition of the new printer will give counties the option to use ballot cards larger
than 14 inches.
B. Grantee Eligibility
Each Colorado County that uses the Dominion Democracy Suite voting system is eligible to
receive a grant under the ImageCast X (ICX) Printer Grant Program. CDOS will review county
applications, determine the amount of funding for which each county is eligible, and determine
the required allocation between the federal Sub -Award and local funds. Counties will be
reimbursed only for the actual and direct costs of purchasing the ICX Printers, including
shipping and any associated trusted build costs in accordance with the Budget provided in
Exhibit B.
C. Costs Eligible for Reimbursement
CDOS expects the printers to have a useful life of greater than four years based on the useful
lives of printers in the past. As such, there are five Federal Elections and two Coordinated
Elections (which equates to 5/7 = 71.43%) in a four-year election cycle. Therefore, CDOS will
reimburse the Grantee 71.43% of the costs for printers and their shipping that are used in both
coordinated and Federal Elections and 100.00% of the cost for the printers and their shipping
that are solely used for Federal Elections.
D. Reimbursement Formula
Grantee will be reimbursed based on the formula and calculated detailed in Exhibit B.
E. Application for Reimbursement
To be eligible for reimbursement under this grant agreement, the grantee must take the
following actions:
1. Grantee must submit a complete, accurate application, including a quote for the printers
and all associated costs from their vendor to CDOS not later than September 1, 2025.
2. CDOS will review the application and provide the maximum amount eligible for
reimbursement in Exhibit B of this grant agreement.
3. Once this grant agreement has been signed by all parties, CDOS will provide the
grantee with a letter approving the grantee to purchase the equipment.
4. Grantee must incur all eligible expenses prior to the Grant Expiration Date and submit
an invoice and also a final accounting of expenditures made to CDOS on a form
approved by CDOS not later than November 1, 2025 to be reimbursed under this grant
agreement. All documentation shall be submitted to Jessi.Romero@coloradosos.gov.
Exhibit A
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5. Upon receipt, CDOS shall review the final accounting of expenditures documentation.
If the final accounting sheet reflects the purchases made are reimbursable as defined in
this agreement and the total cost does not exceed the maximum amount authorized in
Exhibit B of this grant agreement, then CDOS shall reimburse the Grantee by Electronic
Funds Transfer (EFT) or warrant.
6. Any costs in excess of the maximum amount provided in Exhibit B of this grant
agreement require modification of this grant agreement before being incurred by the
Grantee.
7. Grantee must retain all invoices and receipts documenting all costs associated with this
grant until three years from the Close Out of this grant agreement. Invoices and receipts
must be provided to CDOS at any time upon request. In addition, the Grantee shall
provide a copy of all records pertaining to the Grant to the State to enable the State to
comply with the extended retention period of its grant from the EAC. Grantee is solely
responsible for retaining documentation proving all eligible expenses were incurred.
If Grantee cannot provide documentation upon request or a cost is deemed ineligible,
Grantee may be required to return
F. Federal Funds
This grant includes federal funds and is a sub -award as defined in §3 of this Grant Award
Letter. Grantee acknowledges and accepts that it is a sub -recipient of CDOS's grant from the
US Elections Assistance Commission. The Grant Number and Catalog of Federal Domestic
Assistance (CFDA) number are provided upon the initial page of this grant agreement
document.
Exhibit A
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EXHIBIT B, BUDGET
This Exhibit B shows the formula for calculating the maximum reimbursement amount for which
the Grantee is eligible under this grant agreement.
Table 1 — Grantee County ImageCast X (ICX) Printer Requirements
Item
Quantity
Number
of
ICXs/Printers
Used
for 2022 General Election
179
Number
of
ICXs/Printers
Used
for 2021
Coordinated
Election
44
Difference
135
Table 2 — Maximum Grantee Reimbursement Amount Calculation for Printer Costs
Item
Quantity
Unit
Cost
Local
Amount
Match
Federal
Amount
Total
(Reimbursement)
$23,500
ICX
Printers
44
$575
28.57%1 _
71.43%
=
$18,071.79
$7,228.21
Coordinated
Elections
—
and
General
ICX Printers
— General
135
$575
$77,625
100%
= $77,625
Elections
Only2
Maximum Amount:
Printers
$95,696.79
$7,228.21
$102,925
' The Federal and Local Amounts are calculated as described in §C of Exhibit A — Statement of Work.
2 By definition, all general elections have one or more federal contests on them. General elections have greater elector
participation and therefore require additional equipment. As a result, the additional equipment on this line is used
exclusively for elections with federal contests and is eligible for 100% reimbursement from HAVA funds.
Exhibit B
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Table 3 — Maximum Grantee Reimbursement Amount Calculation for Printer Shipping
and Support Costs
Item
Percentage
of
Printers
Printers
out
Total
of
(Reimbursement)Amount
Federal
Amount
Local Match
Total
Cost of
Item
Total
Shipping:
ICX
Printers
25%
$8,100
$2,025
71.43%
=
28.57% _
Coordinated
Elections
and
—
General
$1,446.46
$578.54
Shipping: ICX Printers
—
75%
$8,100
$6,075
100% _ $6,075
General
Elections
Only
Support:
ICX
Printers —
25%
$2,000
$500
71.43%
= $357.15
28.57% _
Coordinated
Elections
and
General
$142.85
Support:
ICX
Printers
—
75%
$2,000
$1,500
100%
= $1,500
General
Elections
Only
Maximum
Shipping
Amount:
and
Support$9,378.61
$721.39
$10,100
Table 4 — Summary of Federal Sub -Grant and Local Match Amounts
Item
Amount
Local Match
Amount
Cumulative
(Reimbursement)
Federal
Total
ICX Printers
$95,696.79
$7,228.21
$102,925
ICX
Shipping
Printers:
$7,521.46
$578.54
$8,100
ICX
Printers:
Support
$1,857.15
$142.85
$2,000
Maximum
Amount
$105,075.40
$7,949.60
$113,025
Exhibit B
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EXHIBIT C, FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in
part, with an Award of Federal funds. In the event of a conflict between the provisions of
these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments
or exhibits incorporated into and made a part of the Grant, the provisions of these Federal
Provisions shall control.
1.2. These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below.
2.1.1. "Award" means an award of Federal financial assistance, and the Grant setting forth the
terms and conditions of that financial assistance, that a non -Federal Entity receives or
administers.
2.1.2. "Data Universal Numbering System (DUNS) Number" means the nine -digit number
established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business
entity. Dun and Bradstreet's website may be found at: http://fedgov.dnb.com/webform.
2.1.3. "Entity" means:
2.1.3.1. a Non -Federal Entity;
2.1.3.2. a foreign public entity;
2.1.3.3. a foreign organization;
2.1.3.4. a non-profit organization;
2.1.3.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.3.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.3.7. a Federal agency, but only as a Subrecipient under an Award or
Subaward to a non -Federal entity (or 2 CFR 200.1); or
2.1.3.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.4. "Executive" means an officer, managing partner or any other employee in a
management position.
2.1.5. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
2.1.6. "Grant" means the Grant to which these Federal Provisions are attached.
2.1.7. "Grantee" means the party or parties identified as such in the Grant to which these
Federal Provisions are attached.
Exhibit C
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2.1.8. "Non -Federal Entity means a State, local government, Indian tribe, institution of higher
education, or nonprofit organization that carries out a Federal Award as a Recipient or a
Subrecipient.
2.1.9. "Nonprofit Organization" means any corporation, trust, association, cooperative, or
other organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.10. "OMB" means the Executive Office of the President, Office of Management and
Budget.
2.1.11. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.12. "Prime Recipient" means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.13. "Subaward" means an award by a Prime Recipient to a Subrecipient funded in whole or
in part by a Federal Award. The terms and conditions of the Federal Award flow down
to the Subaward unless the terms and conditions of the Federal Award specifically
indicate otherwise in accordance with 2 CFR 200.101. The term does not include
payments to a contractor or payments to an individual that is a beneficiary of a Federal
program.
2.1.14. "Subrecipient" or "Subgrantee" means a non -Federal Entity (or a Federal agency under
an Award or Subaward to a non -Federal Entity) receiving Federal funds through a
Prime Recipient to support the performance of the Federal project or program for which
the Federal funds were awarded. A Subrecipient is subject to the terms and conditions
of the Federal Award to the Prime Recipient, including program compliance
requirements. The term does not include an individual who is a beneficiary of a federal
program.
2.1.15. "System for Award Management (SAM)" means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may be
found at http://www.sam.gov.
2.1.16. "Total Compensation" means the cash and noncash dollar value earned by an Executive
during the Prime Recipient's or Subrecipient's preceding fiscal year (see 48 CFR
52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the following:
2.1.16.1.
2.1.16.2.
Salary and bonus;
Awards of stock, stock options, and stock appreciation rights, using the
dollar amount recognized for financial statement reporting purposes with
respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared
Based Payments;
Exhibit C
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2.1.16.3. Earnings for services under non -equity incentive plans, not including
group life, health, hospitalization or medical reimbursement plans that do
not discriminate in favor of Executives and are available generally to all
salaried employees;
2.1.16.4. Change in present value of defined benefit and actuarial pension plans;
2.1.16.5. Above -market earnings on deferred compensation which is not tax -
qualified;
2.1.16.6. Other compensation, if the aggregate value of all such other
compensation (e.g., severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property) for the
Executive exceeds $10,000.
2.1.17. "Transparency Act" means the Federal Funding Accountability and Transparency Act
of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.18. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise.
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and
all applicable Federal Laws and regulations required by this Federal Award. Any revisions
to such provisions or regulations shall automatically become a part of these Federal
Provisions, without the necessity of either party executing any further instrument. The State
of Colorado, at its discretion, may provide written notification to Grantee of such revisions,
but such notice shall not be a condition precedent to the effectiveness of such revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING
SYSTEM (DUNS) REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually
after the initial registration, and more frequently if required by changes in its information.
4.2. DUNS. Grantee shall provide its DUNS number to its Prime Recipient, and shall update
Grantee's information in Dun & Bradstreet, Inc. at least annually after the initial
registration, and more frequently if required by changes in Grantee's information.
5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and
5.1.2. In the preceding fiscal year, Grantee received:
Exhibit C
CMS # 183955
CORE #: CT, VAAA, HAVA, 2024-1206
Page 3 of 9
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts
and subcontracts and/or Federal financial assistance Awards or Subawards
subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.3. The public does not have access to information about the compensation of
such Executives through periodic reports filed under section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of
the Internal Revenue Code of 1986.
6. REPORTING.
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall
report data elements to SAM and to the Prime Recipient as required in this Exhibit. No
direct payment shall be made to Grantee for providing any reports required under these
Federal Provisions and the cost of producing such reports shall be included in the Grant
price. The reporting requirements in this Exhibit are based on guidance from the OMB, and
as such are subject to change at any time by OMB. Any such changes shall be
automatically incorporated into this Grant and shall become part of Grantee's obligations
under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent
Award modifications result in a total Award of $30,000 or more, the Award is subject to the
reporting requirements as of the date the Award exceeds $30,000. If the initial Award is
$30,000 or more, but funding is subsequently de -obligated such that the total award amount
falls below $30,000, the Award shall continue to be subject to the reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to
audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. If Grantee is a Subrecipient, Grantee shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements
in SAM for each Federal Award Identification Number (FAIN) assigned by a Federal
agency to a Prime Recipient no later than the end of the month following the month in
which the Subaward was made:
8.1.1.1. Subrecipient DUNS Number;
8.1.1.2. Subrecipient DUNS Number if more than one electronic funds transfer (EFT)
account;
8.1.1.3. Subrecipient parent's organization DUNS Number;
8.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip +
4, and Congressional District;
Exhibit C
CMS # 183955
CORE #: CT, VAAA, HAVA, 2024-1206
Page 4 of 9
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
8.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in §4
above are met; and
8.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the
effective date of the Grant, the following data elements:
8.1.2.1. Subrecipient's DUNS Number as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address, City,
State, Country, Zip code + 4, and Congressional District.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable regulations,
provided that the procurements conform to applicable Federal law and the standards
identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through
200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent
consistent with law, the non -Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum,
steel, cement, and other manufactured products). The requirements of this section must be
included in all subawards including all contracts and purchase orders for work or products
under this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a
political subdivision of the State, its contractors must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to
Subrecipient's records and financial statements as necessary for Recipient to meet the
requirements of 2 CFR 200.332 (Requirements for pass -through entities), 2 CFR 200.300
(Statutory and national policy requirements) through 2 CFR 200.309 (Period of
performance), and Subpart F -Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
Exhibit C
CMS # 183955
CORE #: CT, VAAA, HAVA, 2024-1206
Page 5 of 9
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient's
fiscal year, the Subrecipient shall procure or arrange for a single or program -specific audit
conducted for that year in accordance with the provisions of Subpart F -Audit Requirements
of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996,
(31 U.S.C. 7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a
program -specific audit conducted in accordance with 2 CFR 200.507 (Program -specific
audits). The Subrecipient may elect to have a program -specific audit if Subrecipient
expends Federal Awards under only one Federal program (excluding research and
development) and the Federal program's statutes, regulations, or the terms and
conditions of the Federal award do not require a financial statement audit of Prime
Recipient. A program -specific audit may not be elected for research and development
unless all of the Federal Awards expended were received from Recipient and Recipient
approves in advance a program -specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its
fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that
year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but
records shall be available for review or audit by appropriate officials of the Federal
agency, the State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is
properly performed and submitted when due in accordance with the Uniform Guidance.
Subrecipient shall prepare appropriate financial statements, including the schedule of
expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial
statements) and provide the auditor with access to personnel, accounts, books, records,
supporting documentation, and other information as needed for the auditor to perform
the audit required by Uniform Guidance Subpart F -Audit Requirements.
12. GRANT PROVISIONS FOR SUBRECEPIENT CONTRACTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all subcontracts
entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction contracts.] Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3
shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and implementing regulations at 41 CFR part 60, Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.
Exhibit C
CMS # 183955
CORE 0: CT, VAAA, HAVA, 2024-1206
Page 6 of 9
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
12.1.2. [Applicable to on -site employees working on government -funded construction,
alteration and repair projects.] Davis -Bacon Act. Davis -Bacon Act, as amended (40
U.S.C. 3141-3148).
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the
definition of "funding agreement" under 37 CFR 401.2 (a) and the Prime Recipient or
Subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the Federal Awarding Agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non -Federal awardees to agree to
comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding
Agency and the Regional Office of the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies,
as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
12.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee
of a member of Congress in connection with obtaining any Federal contract, grant or
any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying
with non -Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non -Federal award.
12.1.7. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing "Never contract with the enemy"
in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered contracts, grants
and cooperative agreements that are expected to exceed $50,000 within the period of
performance, are performed outside the United States and its territories, and are in
support of a contingency operation in which members of the Armed Forces are actively
engaged in hostilities.
Exhibit C
CMS # 183955
CORE #: CT, VAAA, HAVA, 2024-1206
Page 7 of 9
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment
(2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant
funds on certain telecommunications and video surveillance services or equipment
pursuant to 2 CFR 200.216.
13. CERTIFICATIONS.
13.1. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes or
regulations on an annual basis. 2 CFR 200.208. Submission may be required more
frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient
shall certify in writing to the State at the end of the Award that the project or activity was
completed or the level of effort was expended. 2 CFR 200.201(3). If the required level of
activity or effort was not carried out, the amount of the Award must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate
in his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax year
is exempt from the requirements to report Subawards and the Total Compensation of its
most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under
the Grant and the State of Colorado may terminate the Grant upon 30 days prior written
notice if the default remains uncured five calendar days following the termination of the 30 -
day notice period. This remedy will be in addition to any other remedy available to the
State of Colorado under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as
follows:
15.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal Entity fails
to comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass -through Entity, to the greatest extent
authorized by law, if an award no longer effectuates the program goals or agency
priorities;
15.2.3. By the Federal awarding agency or Pass -through Entity with the consent of the Non -
Federal Entity, in which case the two parties must agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion to be terminated;
Exhibit C
CMS # 183955
CORE #: CT, VAAA, HAVA, 2024-1206
Page 8 of 9
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
15.2.4. By the Non -Federal Entity upon sending to the Federal Awarding Agency or Pass -
through Entity written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal Awarding Agency or Pass -through Entity determines in the
case of partial termination that the reduced or modified portion of the Federal Award or
Subaward will not accomplish the purposes for which the Federal Award was made, the
Federal Awarding Agency or Pass -through Entity may terminate the Federal Award in
its entirety; or
15.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to termination
provisions included in the Federal Award.
Exhibit C
CMS # 183955
CORE #: CT, VAAA, HAVA, 2024-1206
Page 9 of 9
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
EXHIBIT D, COUNTY GRANT APPLICATION
The county's grant application as submitted to the Department of State appears on the following pages.
(The rest of this page is intentionally left blank.)
Exhibit D
CMS # 183955
CORE #: CT, VAAA, HAVA, 2024-1206
Page 1
DocuSign Envelope ID: 868DECD3-8F74-4619-89AD-E6E2F1829139
STATE OF COLORADO
Department of State
1700 Broadway, Suite 550
Denver, CO 80290
Jena M. Griswold
Secretary of State
Judd Choate
Director, Elections Division
Democracy Suite ICX Printer Reimbursement Grant Application
For the reimbursement of costs associated to the acquisition of the HP M404dn printer
for use with Dominion's ICX ballot marking device
County Application Information
County:
Weld
Date of Application Submission:
5/8/23
uEl Number: 075757955
DUNS Number: MKKT9U9MTVS
County Mailing Address: PO BOX 459, Greeley CO 80632
County Point of Contact (this person will be listed as the County's Principal Representative in the grant agreement)
Name: Carly Koppes Phone: 970-400-3059
Email: ckoppes(a,weldgov.com
Signing Authority for Grant Agreement (this person will be on the signature block for the grant agreement)
Name: Mike Freeman
Official Title: BOCC Chair
Email Address: eaesick(S weldoov.com
Voting System Use Information
Total* of ICX ballot marking devices that were used in the 2022 General Election:
Total # of ICX ballot marking devices that were used in 2021 Coordinated Election:
Difference between the # of ICXs used for the General and Coordinated Election:
179
44
135
You must include with your application all quotes and estimates listing the itemized costs associated to the acquisition,
shipping, and installation of the HP M404dn printer for use with ICX ballot marking devices.
Additional Notes
Please provide any additional information or considerations you believe we should be aware of below:
GRANT AWARD LETTER AND INTERGOVERNMENTAL AGREEMENT SUMMARY OF
TERMS AND CONDITIONS FOR DEMOCRACY SUITE ICX PRINTER REIMBURSEMENT
APPROVED AS TO SUBSTANCE:
Rudy Santos - Chief Deputy, Weld County Clekr and Recorder
Elected Official, Department Head, or Deputy Department Head
APPROVED AS TO FUNDING:
Chief Financial Officer, or Controller
APPROVED AS TO FORM:
17'veOgL
County Attorney
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