HomeMy WebLinkAbout20231205.tiffRESOLUTION
RE: APPROVE AGREEMENT AMENDMENT #1 FOR GRANT AWARD LETTER AND
SUMMARY OF TERMS AND CONDITIONS FOR COLORADO ELECTION SECURITY
ACT (CESA) GRANT PROGRAM, 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 Agreement Amendment #1 for the Grant
Award Letter and Summary of Terms and Conditions for the Colorado Election Security Act
(CESA) Grant Program 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
June 30, 2023, with further terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Agreement Amendment #1 for the Grant Award Letter and Summary
of Terms and Conditions for the Colorado Election Security Act (CESA) Grant Program 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 are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to electronically sign and submit said amendment.
GC:CR(6K/g5), I3CT(GP/cD)
oS /og /,23
2023-1205
CR0034
AGREEMENT AMENDMENT #1 FOR GRANT AWARD LETTER AND SUMMARY OF GRANT
AWARD TERMS AND CONDITIONS FOR COLORADO ELECTION SECURITY ACT (CESA)
GRANT PROGRAM
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of May, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dw,;(40s) ..kLto;4,
Weld County Clerk to the Board
BY:
APP
Count ttorney
Date of signature: 05/08/23
eman, Chair
Perry L. Buck, Pro-Tem
K. James
evin D. Ross
Lori Saine
2023-1205
CR0034
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE:
Grant Funding for Election Security - SB22-153
DEPARTMENT: Elections - 11200 DATE: 4/20/2023
PERSON REQUESTING: Carly Koppes
Brief description of the problem/issue:
On April 17th, 2023 the County received notification that we have received an additional $12,000 in
Election Security Grant Funding that was set forth from SB 22-153.
$24,500 from the initial award on January 30th and $12,000 from the second award submitted on
March 6th.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options):
This will offset some of the costs associated in implementing election security equipment.
Recommendation:
Please approve the pass around so we can place this item on a meeting agenda to approve the
additional grant funding award.
Approve
Perry L. Buck, Pro -Tern
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Schedule
Work Session
Other/Comments
2023-1205
/i crz oo3cl
Karla Ford
From:
Sent:
To:
Subject:
Approve
Kevin Ross
Kevin Ross
Monday, April 24, 2023 7:45 AM
Karla Ford
Re: Please Reply- Pass Around for additional funding SB22-1153 C&R
From: Karla Ford <kford@weld.gov>
Sent: Monday, April 24, 2023 7:25:02 AM
To: Kevin Ross <kross@weld.gov>
Subject: Please Reply- Pass Around for additional funding SB22-1153 C&R
Karla Ford
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
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 moy 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 disclosure, copying, distribution or the taking of any action concerning the contents of
this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Rudy Santos <rsantos@weld.gov>
Sent: Thursday, April 20, 2023 3:59 PM
To: Karla Ford <kford@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>; Carly Koppes <ckoppes@weld.gov>
Subject: Pass Around for additional funding SB22-1153
Hello Karla,
Here is the pass around to approve the additional grant funding for SB-22-1153.
Thanks,
Survey: Tell us how we are doing
Rudy Santos
Chief Deputy
Weld County Clerk and Recorder
1
DocuSign Envelope ID: D9404498-6084-482C-A3F6-14EBAC196D23
GRANT AGREEMENT AMENDMENT #1
SIGNATURE AND COVER PAGE
State Agency
Colorado Department of State (CDOS)
Original Grant Agreement Number
CORE #: CT, VAAA, 1113, 2023-3210
Grantee
Board of County Commissioners of Weld County
Amendment Grant Agreement Number
CORE #: CT, VAAA, 1113, 2023-3210 v2
Current Grant Amount
Initial Term
State Fiscal Year 2022-23 $36,500.00
Total for All State Fiscal Years $36,500.00
Grant Agreement Performance Beginning Date
January 30, 2023
Grant Agreement Expiration Date
June 30, 2023
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment
and to bind the Party authorizing his or her signature.
GRANTEE
Board of County Commissioners of Weld County
,—DocuSigned by:
ass ��...
By: MikeeTrreeman, Board of County Commissioners Chair
May 1, 2023
Date:
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of State
Jena Griswold, Secretary of State
0,146
Doby:
C78 4DE0 S13 ..
By: Christop er ea 1, Deputy Secretary of State
May 1, 2023
Date:
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
r-DocuSigned by:
V fell L►OwM1
By: Bra'd Lang; ororado Department of State, OSC Delegate
Amendment Effective Date:
May 2, 2023
1. PARTIES
This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover
Page for this Amendment (the "Contract") is entered into by and between the Contractor, and the
State.
2. TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are
defined in the Contract shall be construed and interpreted in accordance with the Contract.
3. AMENDMENT EFFECTIVE DATE AND TERM
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date
shown on the Signature and Cover Page for this Amendment. The State shall not be bound
1 of 3
2s'ce o6
DocuSign Envelope ID: D9404498-6084-482C-A3F6-14EBAC196D23
by any provision of this Amendment before that Amendment Effective Date, and shall have
no obligation to pay Contractor for any Work performed or expense incurred under this
Amendment either before or after of the Amendment term shown in §3.B of this Amendment.
B. Amendment Term
The Parties' respective performances under this Amendment and the changes to the Contract
contained herein shall commence on the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment and shall terminate on the termination of the Contract.
4. PURPOSE
Elections must continue to be free and fair and protected from those who seek to compromise
election officials and the security of Colorado's election processes. The Colorado Secretary of
State oversees the conduct of statewide elections in Colorado as chief election official and is
responsible for ensuring that elections are conducted in compliance with state and federal law.
County clerks generally serve as designed election officials and coordinated election officials for
their county and are responsible for ensuring their elections comply with the uniform election code
and rules promulgated by the Secretary of State. County clerks, election officials, and election
workers arc best able to conduct and protect elections by implementing consistent security
measures, including restrictions on access to secure locations and voting equipment. This grant is
intended to assist counties with the costs of making the security requirements required by the
Colorado Election Security Act (CESA).
The Parties previously executed a grant agreement for CDOS to provide funding to Weld County
under the SB 22-153 (CESA) Grant program's initial round of grant awards. Now, Weld County
has applied for additional funding to cover remaining costs not fully covered under the initial award
and CDOS has available funding remaining available. Therefore, the Parties have mutually agreed
to amend their grant agreement to increase the grant amount by $12,000.00.
5. MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
A. The Current Grant Agreement Maximum Amount table on the Grant Agreement's Signature
and Cover Page is hereby deleted and replaced with the Current Grant Agreement Maximum
Amount table shown on the Signature and Cover Page for this Amendment.
B. In Exhibit A, Statement of Work, in the Overview section, the second sentence in the second
paragraph is deleted.
C. In Exhibit A, Statement of Work, in the Costs Eligible for Reimbursement section, delete "in
the Table in Exhibit B and" from the first sentence in the second paragraph.
D. In Exhibit B, Budget, delete the first paragraph of the exhibit and replace with, "The
maximum award amount for counties has been allocated based on eligible expenses detailed
in quotes submitted with grant applications, the maximum amount allocated in the table
below for the first round of funding, and a maximum award amount of $12,000 for this second
round of funding. As detailed in Exhibit A, counties will be reimbursed based upon eligible,
approved expenditures. The maximum amount payable to the Grantee is shown in the table
on the Signature and Cover Page of Grant Agreement Amendment #1."
6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments or other modifications to the Contract, if any, remain in full force and effect except
2 of 3
DocuSign Envelope ID: D9404498-6084-482C-A3F6-14EBAC196D23
as specifically modified in this Amendment. Except for the Special Provisions contained in the
Contract, in the event of any conflict, inconsistency, variance, or contradiction between the
provisions of this Amendment and any of the provisions of the Contract or any prior modification
to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and
control. The provisions of this Amendment shall only supersede, govern, and control over the
Special Provisions contained in the Contract to the extent that this Amendment specifically
modifies those Special Provisions.
3 of 3
DocuSign Envelope ID: 1 F9F6A40-32EB-4897-ABCE-E00F2EC2104A
STATE OF COLORADO
Department of State
1700 Broadway, Suite 550
Denver, CO 80290
January 4, 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
CORE #: CT, VAAA, 1113, 2023-3210
We are pleased to inform you that the Colorado Department of State (CDOS) has approved your application for
funding pursuant to the Colorado Election Security Act (CESA) (SB 22-153) Grant Program ("Program") in the
amount of $24,500.00. This letter authorizes you to proceed with the security improvements needed to comply
with CESA ("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 have questions regarding this Grant, please contact: Daniel Pickard (Daniel.Pickard@coloradosos.gov).
Best regards,
"— DocuSigned by:
isfof%iJL
'-7C7BA4DE09A543F ..
Christopher Beall
Deputy Secretary of State
DocuSign Envelope ID: 1F9F6A40-32EB-4897-ABCE-E00F2EC2104A
GRANT AWARD LETTER
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency
Colorado Department of State (CDOS)
Grant Amount
State Fiscal Year 2022-23: $24,500.00
Total for all State Fiscal Years: $24,500.00
Grantee
Board of County Commissioners of Weld County
Grant Effective Date
The later of January 4, 2023 or the date the State Controller or
an authorized delegate signs this Grant Letter
Grant Expiration Date
June 30, 2023
CORE #: CT, VAAA, 1113, 2023-3210
Grant Authority
The Colorado Election Security Act (CESA), SB 22-153,
appropriates $1 million from the General Fund to CDOS to
grant to counties to assist them in meeting the election security
requirements of CESA. Counties are required to have these
security improvements in place not later than June 30, 2023.
Grant Purpose
Elections must continue to be free and fair and protected from those who seek to compromise election officials and the security
of Colorado's election processes. The Colorado Secretary of State oversees the conduct of statewide elections in Colorado as
chief election official and is responsible for ensuring that elections are conducted in compliance with state and federal law.
County clerks generally serve as designed election officials and coordinated election officials for their county and are responsible
for ensuring their elections comply with the uniform election code and rules promulgated by the Secretary of State. County
clerks, election officials, and election workers are best able to conduct and protect elections by implementing consistent security
measures, including restrictions on access to secure locations and voting equipment. This grant is intended to assist counties with
the costs of making the security requirements required by CESA.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
1. Exhibit A, Statement of Work.
2. Exhibit B, Budget.
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. The provisions of the other sections of the main body of this Grant.
2. Exhibit A, Statement of Work.
3. Exhibit B, Budget.
CORE #: CT, VAAA, 1113, 2023-3210
Page 1 of 11 Version 04.2022
DocuSign Envelope ID: 1F9F6A40-32EB-4897-ABCE-E00F2EC2104A
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
,---DocuSigned by:
CtUiStefkr.
By:'CFiristopge°rg eall, Deputy Secretary of State
Date:
7anuary 30, 2023
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY
-DoeuSigned by:
Fvue
� B1 6D42264i.
By: Mike reeman, County Commissioner Chair
Date: January 30, 2023
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:
l7ce e1 L-0
By: rarang,Antirado Department of State, OSC Delegate
7anuary 30, 2023
Effective Date:
CORE #: CT, VAAA, 1113, 2023-3210
Page 2 of 11 Version 04.2022
DocuSign Envelope ID: 1F9F6A40-32EB-4897-ABCE-E00F2EC2104A
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 and 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.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget" means the budget for the Work described in Exhibit B.
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. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S.
D. "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.
CORE /4: CT, VAAA, 1113, 2023-3210 Page 3 of 11
Version 04.2022
DocuSign Envelope ID: 1 F9F6A40-32EB-4897-ABCE-E00F2EC2104A
E. "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.
F. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
G. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this Grant
Award Letter.
H. "Exhibits" exhibits and attachments included with this Grant as shown on the first page of
this Grant
I. "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
J. "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.
K. "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.
L. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Expiration Date.
M. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
N. "
O. "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.
P. "State Confidential Information" means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited 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.
"State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
R. "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.
S. "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.
T. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub -grantees.
Q.
CORE #: CT, VAAA, 1113, 2023-3210
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U. "Work" means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
V. "Work Product" means the tangible and intangible results of the Work, whether finished or
unfrsished, 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
interpreter' 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. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount for
each State Fiscal Year shown on the first page of this Grant Award Letter. 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 teams of the Federal Award.
B. [Intentionally Deleted - Reserved]
C. [Intentionally Deleted — Reserved]
D. Reimbursement of Grantee Costs
Upon prior written approval, 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 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.
CORE #: CT, VAAA, 1113, 2023-3210
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Grantee shall close out this Grant by 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.
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, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations. The State 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. 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. 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.
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.
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
CORE #: CT, VAAA, 1113, 2023-3210
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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 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
andall 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 tie 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,
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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(l)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as
set forth in § 24-74-102, et. seq., C.R.S., Contractor, including, but not limited to,
Contractor's employees, agents and Subcontractors, agrees not to share any PII with any third
parties for the purpose of investigating for, participating in, cooperating with, or assisting
with Federal immigration enforcement. If Contractor is given direct access to any State
databases containing PII, Contractor shall execute, on behalf of itself and its employees, the
certification attached hereto as Exhibit _ on an annual basis Contractor's duty and obligation
to certify as set forth in Exhibit _ shall continue as long as Contractor has direct access to
any State databases containing PII. If Contractor uses any Subcontractors to perform services
requiring direct access to State databases containing PII, the Contractor shall require such
Subcontractors to execute and deliver the certification to the State on an annual basis, so long
as the Subcontractor has access to State databases containing PII.
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 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. Grantee acknowledges that all State employees are subject to the ethical
principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees
may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant.
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, 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 disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
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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 U.S.C. 1346(b),
and the Star'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 cstions and headings in this Grant Award Letter are for convenience of reference only,
and slnll 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
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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
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.
I. 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. Accessibility
i. Contractor shall comply with and the Work Product provided under this Contract shall
be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability, as established by OIT
pursuant to Section §24-85-103 (2.5), C.R.S. Contractor shall also 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
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(WCAG), incorporated in the State of Colorado technology standards.
ii. Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against
any and all costs, expenses, claims, damages, liabilities, court awards and other
amounts (including attorneys' fees and related costs) incurred by any of the
Indemnified Parties in relation to Contractor's failure to comply with §§24-85-101,
et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as
established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
iii. The State may require Contractor's compliance to the State's Accessibility Standards
to be determined by a third party selected by the State to attest to Contractor's Work
Product and software is in compliance with §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability as established by OIT
pursuant to Section §24-85-103 (2.5), C.R.S.
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EXHIBIT A, STATEMENT OF WORK
Overview
SB 22-153, the Colorado Election Security Act' (CESA) provides $1 million in State Fiscal Year 2022-
23 from the General Fund for the Colorado Department of State (CDOS) to assist counties in complying
with security requirements of the bill. Using this funding, CDOS has established the CESA (SB 22-153)
Grant Program (Grant Program).
Under this Grant Program, each Colorado county has been allocated a portion of the $1 million in
funding. The maximum amount of funding each county is eligible to receive as part of their initial grant
application has been allocated based on State Demographer population statistics for each county as
shown in Exhibit B, Budget. There is no county match requirement. Payments to counties shall be made
on a reimbursement basis and the requirements to receive reimbursement are detailed below. To be
eligible for reimbursement under this Grant Program, counties must incur the costs after the Effective
Date of this Grant Agreement, but not later than the Grant Expiration Date.
Costs Eligible for Reimbursement
The Grant Program is funded by State of Colorado funds, the General Fund. As a result, CDOS is
prohibited from reimbursing counties for any costs incurred prior to the Effective Date of this Grant
Award Letter. Further, CDOS cannot reimburse any costs above the maximum amount payable stated
on the Summary of Grant Award Terms and Conditions page unless a formal amendment has been fully
executed before the additional costs have been incurred.
The Grantee is solely responsible for all costs that exceed the Maximum Amount Payable shown in the
Table in Exhibit B and on the Summary of Grant Award Terms and Conditions page or that are
determined by CDOS to be ineligible.
Eligible costs to be reimbursed may include the following:
• The purchase, shipment, and installation for Key Card Access Systems for rooms holding voting
system components.
o Key Card Access System is defined as "a system that controls physical entry into a room
or location by use of a radio frequency identification card or similar door access system
and produces a log that includes the name, date, and time that a person enters the room
or area.
• The purchase, shipment, and installation of video security surveillance for voting system
components.
o Video security surveillance is defined as "video monitoring by a device that continuously
records a designated location or a system using motion detection that records one frame
or more per minute until detection of motion triggers continuous recording."
' §1-7-513.5(7)(a)(I) C.R.S.
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o his can also include costs for video surveillance storage, whether on a physical storage
device or using a cloud storage service (through June 30, 2023) including additional
storage of video surveillance of 24 -hour drop box locations.
Reimbursement
To be reimbursed, counties must submit all final invoices for amounts paid for approved, eligible
expenses under tkis Grant Program. Invoices must be submitted to daniel.pickard(aitcoloradosos.Sov
not later than Friday, June 30, 2023. The General Assembly has appropriated funding for this Grant
Program that is restricted to State Fiscal Year 2022-23. Late requests for reimbursement will not be
paid.
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EXHIBIT B, BUDGET
The maximum award amount for counties has been allocated based on State Demographer
population statistics and is illustrated in the table below (sorted by county population). As detailed
in Exhibit A, counties will be reimbursed based upon eligible approved expenditures.
EL PASO
731,641
$24,500.00
PROWERS
12,014
$12,500.00
DENVER
717,632
$24,500.00
RIO GRANDE
11,555
$12,500.00
ARAPAHOE
655,044
$24,500.00
YUMA
10,001
$12,500.00
JEFFERSON
582,782
$24,500.00
CLEAR CREEK
9,387
$12,500.00
ADAMS
520,070
$24,500.00
SAN MIGUEL
8,068
$12,500.00
DOUGLAS
360,037
$24,500.00
CONEJOS
7,439
$12,500.00
LARIMER
359,701
$24,500.00
LAKE
7,417
$12,500.00
WELD
331,184
$24,500.00
KIT CARSON
7,078
$12,500.00
BOULDER
330,860
$24,500.00
HUERFANO
6,804
$12,500.00
PUEBLO
168,434
$24,500.00
RIO BLANCO
6,532
$12,500.00
MESA
155,910
$24,500.00
SAGUACHE
6,409
$12,500.00
BROOMFIELD
74,470
$18,000.00
CROWLEY
5,843
$12,500.00
GARFIELD
61,723
$18,000.00
GILPIN
5,799
$12,500.00
LA PLATA
55,651
$18,000.00
LINCOLN
5,661
$12,500.00
EAGLE
55,624
$18,000.00
BENT
5,585
$12,500.00
FREMONT
48,885
$18,000.00
OURAY
4,880
$12,500.00
MONTROSE
42,810
$18,000.00
WASHINGTON
4,825
$12,500.00
DELTA
31,160
$18,000.00
CUSTER
4,711
$12,500.00
SUMMIT
31,013
$18,000.00
PHILLIPS
4,528
$12,500.00
MORGAN
29,106
$18,000.00
COSTILLA
3,485
$12,500.00
ELBERT
26,188
$18,000.00
BACA
3,478
$12,500.00
MONTEZUMA
25,853
$18,000.00
SEDGWICK
2,409
$12,500.00
ROUTT
24,840
$12,500.00
DOLORES
2,080
$12,500.00
TELLER
24,779
$12,500.00
CHEYENNE
1,741
$12,500.00
LOGAN
21,408
$12,500.00
KIOWA
1,459
$12,500.00
CHAFFEE
19,515
$12,500.00
JACKSON
1,378
$12,500.00
OTERO
18,679
$12,500.00
MINERAL
863
$12,500.00
PARK
17,430
$12,500.00
HINSDALE
795
$12,500.00
PITKIN
17,363
$12,500.00
SAN JUAN
707
$12,500.00
GUNNISON
16,944
$12,500.00
ALAMOSA
16,330
$12,500.00
GRAND
15,707
$12,500.00
LAS ANIMAS
14,560
$12,500.00
ARCHULETA
13,367
$12,500.00
MOFFAT
13,283
$12,500.00
Exhibit B
Page 1 of 1
GRANT AGREEMENT AMENDMENT #1 FOR GRANT AWARD LETTER AND SUMMARY OF
GRANT AWARD TERMS AND CONDITIONS FOR COLORADO ELECTION SECURITY ACT
(CESA) GRANT PROGRAM
APPROVED AS TO SUBSTANCE:
Sated Chief Deputy, Weld County Clerk and Recorder
Elected Official, Department Head, or Deputy Department Head
APPROVED AS TO FUNDING:
eid4 41,1f-rt1p
Chief Financial Officer, or Controller
APPROVED AS TO FORM:
County Attorney
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