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HomeMy WebLinkAbout20221066.tiffRESOLUTION RE: APPROVE APPLICATION, GRANT AWARD LETTER AND SUMMARY OF GRANT AWARD TERMS AND CONDITIONS FOR HELP AMERICANS VOTE ACT (HAVA) ELECTION SECURITY AWARD, AUTHORIZE CLERK AND RECORDER TO SUBMIT APPLICATION ELECTRONICALLY, AND AUTHORIZE CHAIR TO SIGN AND SUBMIT GRANT AWARD 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 an Application, Grant Award Letter and Summary of Grant Award Terms and Conditions for the Help Americans Vote Act (HAVA) Election Security Award 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 31, 2023, with further terms and conditions being as stated in said application, award letter and summary of award terms and conditions, and WHEREAS, after review, the Board deems it advisable to approve said application, award letter and summary of grant award terms and conditions, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Application, Grant Award Letter and Summary of Grant Award Terms and Conditions for the Help Americans Vote Act (HAVA) Election Security Award 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 Carly Koppes, Weld County Clerk and Recorder, be, and hereby is, authorized to submit said application electronically, effective October 20, 2021, and the Chair be, and hereby is, authorized to electronically sign and submit said award letter and summary of grant award terms and conditions. CC :CR(cKIRS), AcT(cP/cb) 4/14/22 2022-1066 CR0033 APPLICATION, GRANT AWARD LETTER AND SUMMARY OF GRANT AWARD TERMS AND CONDITIONS FOR HELP AMERICANS VOTE ACT (HAVA) ELECTION SECURITY AWARD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of April, A.D., 2022, nunc pro tunc October 20, 2021. BOARD OF COUNTY COMMISSIONERS WELL COUNT, COLORADO ATTEST: ddritei0 W 4-Clto%tok Weld County Clerk to the Board l Date of signature: K. James, Chair 2022-1066 CR0033 BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: DEPARTMENT: Clerk and Recorder — Election SOS Security grant PERSON REQUESTING: Carly Koppes DATE: 04/05/2022 Brief description of the problem/issue: Weld County applied for a SOS Election Security grant for funds to be used towards the election remodel process in the 1250 H Street (in the unfinished area in which the Health Department housed the COVID clinic). The attached is the letter along with the agreement to the funds that have been award to Weld County. Toby Taylor and I have been in conversations with the Department of State in review of the grant. Ryan Rose and Don Warden have also been briefed on this grant as well. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve the grant agreement so Weld County can use the funds to complete the remodel of the unfinished area of the 1250 H Street for the Election department. Recommendation: Approve the attached grant agreement. Approve Recommendation Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Schedule Work Session Other/Comments: 2022-1066 0L4/0 Or2-0033 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1 FE901A47 STATE OF COLORADO Department of State 1700 Broadway, Suite 550 Denver, CO 80290 April 5, 2022 Weld County Attn: Carly Koppes, County Clerk and Recorder 1150 O Street Greeley, CO 80631 Jena M. Griswold Secretary of State Christopher P. Beall Deputy Secretary of State CMS #: 147870 CORE: CT, VAAA, 2022-3703 Dear Clerk Koppes: We are pleased to inform you that the Colorado Department of State has approved your application for funding pursuant to the Election Security Grant ("Program") in the amount of $93,467.12 ($14,055.09 from the Department's Help America Vote Act (HAVA) Election Security Grant, $79,412.03 County Match). This letter authorizes you to proceed with the construction of a secure server and ballot counting room("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 electronically sign the signature page through DocuSign. Once the Grant Award Letter has been fully executed, you will receive an electronic copy of the Grant Award Letter. If you have questions regarding this Grant, please contact: Nathan Blumenthal at Nathan.Blumenthal@coloradosos.gov or 720-484-9209; Craig Buesing at Craig.Buesing@coloradosos.gov or 303-860-6922; or Tyler Lycan at Tyler.Lycan@coloradosos.gov or 303-894-2200 extension 6337 . Best regards, —DocuSigned by: lx• bud —7C7BA4DE09A543F... Christopher Beall Deputy Secretary of State DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 GRANT AWARD LETTER SUMMARY OF GRANT AWARD TERMS AND CONDITIONS State Agency Colorado Department of State (CDOS) Grant Amount (Federal Funds) State Fiscal Year 2021-22: $14,055.09 Total for all State Fiscal Years: $14,055.09 Grantee Board of County Comissioners of Weld County DUNS Number: 075757955 Grant Issuance Date The later of April 5, 2022 or the date the State Controller or an authorized delegate signs this Grant Letter Grant Expiration Date December 31, 2023 CMS #: 147870 CORE #: CT, VAAA, 2022-3703 Required Local Match Amount State Fiscal Year 2021-22: $79,412.03 Total for all State Fiscal Years: $79,412.03 Grant Authority On April 17, 2018, the Colorado Department of State (CDOS) received a Help America Vote Act (HAVA) Election Security Award from the US Election Assistance Commission (EAC). The Award, which requires 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. Grant Agreement: CO1801001-01 Catalog of Federal Domestic Assistance (CFDA)/Assistance Listing Number (ALN) #: 90.404 Grant Purpose In 2016, Russia targeted American election systems and there were indications foreign adversaries were going to try again in 2020. While law enforcement, military, and national security partners indicated the attacks did not happen last year, they also warned foreign adversaries will target future elections. Recent cyber-attacks impacting government and infrastructure networks, including the Solar Winds and Colonial Pipeline incidents, further underscore the need to improve our cyber posture. As such, the Secretary of State is making grant funding available to counties to help increase cyber security and physical security for Infrastructure Technology (IT) systems for federal elections. 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. 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. CMS #: 147870 CORE #: CT, VAAA, 2022-3703 Intergovernmental Grant Agreement Template Page 1 of 13 Version 08.10.2021, CCU approved modification 03.07.2022 ,tea _/o( 6. DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 SIGNATURE PAGE THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT by: [DOCUSI9ROd STATE OF COLORADO Jared S. Polis, Governor Colorado Department of State Jena Griswold, Secretary of State 7C7B4enEO9A543F By: Christopher Beall, Deputy Secretary of State Date: April 11, 2022 BOARD OF COUNTY COMMISIONERS OF WELD COUNTY DocuSigned by: 518562C767904F6 By:Scott James Date: chair, Board of County Commis April 11, 2022 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: ACCB8B7E1AFC1CC... By: Brad Lang, Controller & Budget Director, Colorado Department of State, OSC Delegate Effective Date: Ap ri 1 13 , 2022 CMS #: 147870 Intergovernmental Grant Agreement Template CORE #: CT, VAAA, 2022-3703 Page 2 of 13 Version 08.10.2021, CCU approved modification 03.07.2022 sioners DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 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. 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 #: 147870 CORE #: CT, VAAA, 2022-3703 Intergovernmental Grant Agreement Template Page 3 of 13 Version 08.10.2021, CCU approved modification 03.07.2022 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 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. [Intentionally Deleted; Reserved] 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. The U.S. 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. R. "Party" means the State or Grantee, and "Parties" means both the State and Grantee. [Intentionally Deleted; Reserved] S. "PII" means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or CMS #: 147870 Intergovernmental Grant Agreement Template CORE #: CT, VAAA, 2022-3703 Page 4 of 13 Version 08.10.2021, CCU approved modification 03.07.2022 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 trace an individual's identity, such as name, social security number, date and place of birth, 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. T. [Intentionally Deleted; Reserved] U. "Recipient" means the State Agency shown on the first page of this Grant Award Letter, for the purposes of the Federal Award. V. "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. W. "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. X. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S. Y. "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. Z. "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. AA. "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. BB. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of the Work. "Subcontractor" also includes sub -grantees. CC. "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. DD. [Intentionally Deleted; Reserved] EE. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, CMS #: 147870 Intergovernmental Grant Agreement Template CORE #: CT, VAAA, 2022-3703 Page 5 of 13 Version 08.10.2021, CCU approved modification 03.07.2022 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 commonly known as the "Super Circular, which supersedes 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. FF. "Work" means the delivery of the Goods and performance of the Services described in this Grant Award Letter. GG. "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. 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 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 B (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 CMS #: 147870 Intergovernmental Grant Agreement Template CORE #: CT, VAAA, 2022-3703 Page 6 of 13 Version 08.10.2021, CCU approved modification 03.07.2022 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 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. D. [Reserved, Intentionally Deleted] E. Close -Out Grantee shall close out this Grant within 30 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, Grant Close Out Report 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. 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 CMS #: 147870 Intergovernmental Grant Agreement Template CORE #: CT, VAAA, 2022-3703 Page 7 of 13 Version 08.10.2021, CCU approved modification 03.07.2022 DocuSign Envelope ID: A6957353-688A-4F27-BB83-04C1FE901A47 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. CMS #: 147870 Intergovernmental Grant Agreement Template CORE #: CT, VAAA, 2022-3703 Page 8 of 13 Version 08.10.2021, CCU approved modification 03.07.2022 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 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 publically 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 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. CMS #: 147870 Intergovernmental Grant Agreement Template CORE #: CT, VAAA, 2022-3703 Page 9 of 13 Version 08.10.2021, CCU approved modification 03.07.2022 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 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 p>Eovide 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 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 CMS #: 147870 CORE #: CT, VAAA, 2022-3703 Intergovernmental Grant Agreement Template Page 10 of 13 Version 08.10.2021, CCU approved modification 03.07.2022 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 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 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 CMS #: 147870 Intergovernmental Grant Agreement Template CORE #: CT, VAAA, 2022-3703 Page 11 of 13 Version 08.10.2021, CCU approved modification 03.07.2022 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 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. F. Strict Compliance Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations, including but not limited to those regulations promulgated by the Secretary of State, including Elections Rules 8 CCR 1505-1, that are in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. G. 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. H. 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. I. 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. J. 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. K. 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. L. Compliance with State and Federal Law, Regulations, and Executive Orders CMS #: 147870 CORE #: CT, VAAA, 2022-3703 Intergovernmental Grant Agreement Template Page 12 of 13 Version 08.10.2021, CCU approved modification 03.07.2022 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 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. M. 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/. N. Authority Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party's obligations have been duly authorized. CMS #: 147870 Intergovernmental Grant Agreement Template CORE #: CT, VAAA, 2022-3703 Page 13 of 13 Version 08.10.2021, CCU approved modification 03.07.2022 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 EXHIBIT A, STATEMENT OF WORK 1. Introduction In 2016, Russia targeted American election systems and there were indications foreign adversaries were going to try again in 2020. While law enforcement, military, and national security partners indicated the attacks did not happen last year, they also warned foreign adversaries will target future elections. Recent cyber-attacks impacting government and infrastructure networks, including the Solar Winds and Colonial Pipeline incidents, further underscore the need to improve our cyber posture. As such, the Secretary of State is making sub -grants to counties from its Help America Vote Act (HAVA) funding' to help increase cyber security and physical security for Information Technology (IT) systems for federal elections. 2. Grantee Eligibility The Colorado Department of State (CDOS) will determine which counties are eligible for a grant. The grant application period lasts roughly three months, from August 6, 2021 to close of business November 1, 2021. Grants will be awarded based on applicants' levels of need and proposals' impact toward mitigating cyber threats. These factors will be informed by counties' responses to application questions on the need for and impact of cyber security services or physical security for IT systems. A five -person CDOS panel comprised of IT Division, Elections Division, and Administration Division employees will review applications and make recommendations on eligibility. The State Election Director and CDOS' Chief Information Officer will consider the panel's guidance and make recommendations to the Deputy Secretary of State who will make final award decisions. A grantee that believes CDOS' determination of eligibility is incorrect must contact CDOS' Elections Division to appeal the determination before the grant agreement is signed by all parties. 3. Costs Eligible for Reimbursement The grant must be used for the improvement or enhancement of cybersecurity or physical security measures to protrect IT systems as outlined below. The grant must be used for the improvement of cybersecurity measures such as, but not limited to: • Professional services for upgrading election workstations to Windows 10; • Help with network segmentation of elections equipment; • Secure network communication technology for Voter Service and Polling Center (VSPC) locations; and • Cybersecurity products, such as firewalls, anti-malware, data leak prevention (DLP), intrusion detection/prevention (IDS/IPS), and professional services required to implement and configure such products The grant must be used for physical security measures that protect IT systems such as, but not limited to: • Cameras; • Locks; • Lighting; and 1 See §5 for full details Exhibit A Page 1 of 2 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 • Security systems. 4. Requirements for Payment Percentage of Eligible Expenses. CDOS will, in line with Help America Vote Act (HAVA) requirements, reimburse counties a percentage of the expenses incurred. The percentage will be based on factors, such as the proportion associated with the conduct of federal versus coordinated elections, and whether the costs benefit systems outside elections. This percentage will be decided by the State based on the county's answers to application questions on eligible expenses and in compliance with 2 CFR 200.405, allocation of costs and other federal requirements. Should the Grantee believe the CDOS percentage of reimbursement is incorrect, they must contact the CDOS Elections Division to appeal the determination before the grant Agreement is signed by all parties. Advancement of Funds. CDOS will review the application and provide the total award amount in Exhibit B of this Agreement. Once the CDOS has selected the Awardee to receive the grant, CDOS shall distribute this agreement to the to the selected county. Once this Agreement has been signed by all parties, CDOS will disburse funds for the equipment or service(s) as authorized in Exhibit B of this Agreement by EFT or warrant. Not later than four weeks prior to the Grant Expiration Date as shown on the Summary of Grant Award Terms and Conditions page of this Agreement, the Grantee must submit receipts and invoices to the State showing the final purchases and costs incurred. If requested by CDOS, Grantee must also submit documentation as required by CDOS of successful project completion. CDOS will review the receipts, invoices, and proof of payment (e.g., cancelled check or warrant, credit or debit card statement, bank statement, etc.)2 to ensure purchases and costs are in accordance with the Award and this Agreement, the project has been successfully completed, and determine the amount of any unused funds. CDOS will notify the Grantee of the total amount of any funds that must be repaid to CDOS under this Agreement. Grantee must reimburse CDOS within 30 days of this notice unless the Parties mutually agree in writing to an alternative deadline. Grantee Responsibility. The Grantee must reimburse CDOS for any ineligible purchases, costs, and unused funds. The Grantee is solely responsible for payment of all purchases not included in Exhibit B of this Agreement, costs that exceed the amount authorized in Exhibit B of this Agreement, and/or costs found to be ineligible by the US Election Assistance Commission (EAC) or during audits of the federal grants which may extend beyond this Grant Expiration Date. The Grantee is also solely responsible for ensuring the project is successfully and fully completed prior to the Grant Expiration Date. 5. 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 Election Assistance Commission (EAC). The Grant Number and Catalog of Federal Domestic Assitance (CFDA) number are provided on the initial page (Summary of Grant Award Terms and Conditions) of this grant agreement document. 2 Proof of payment is required because CDOS is assuming responsibility for retention of all grant records, as required by the EAC, beyond the three years required in §7.A. of this grant agreement. Exhibit A Page 2 of 2 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 EXHIBIT B, BUDGET 1. Allowable Costs A. Costs Advanced Based upon the eligibility factors listed in Exhibit A of this Agreement, the information provided in the Grantee's application, and the terms of CDOS' HAVA grants, CDOS has determined that the Grantee is eligible for the advancement of costs in the amount specified below. B. Election Security Grant Advanced Costs Calculation After reviewing the Grantee's application, CDOS has determined the Grantee is eligible for advancement in the amount of $14,055.09. Upon successful completion of the server and ballot counting room, the county will provide the Department invoices for the full amount of the project. The Department will ensure that the Grantee is not reimbursed more than the percentage of the Amount funded by HAVA compared to the total cost of the project listed in the table below ($14,055.09/$93,467.12= 0.1503747 or 15.03747%). The calculation is based on HAVA requirements which stipulate this grant must be used for federal elections. This requirement is described in more detail in Exhibit A, the grant description, and in Exhibit D, the grant application. As such, CDOS compared the benefit $93,467.12 for the construction of a new server and ballot counting room will have on federal elections as compared to coordinated elections and other county benefits to determine the final amount of advancement. The below allocation is based on the perceived benefit to the administration of federal elections while factoring in the improvement to the building as well as the benefit to non-federal elections. Construction of a server and ballot counting room $93,467.12 71.4% 21.060882% $14,055.09 $79,412.03 Final Cumulative Award Amount (Including Local Match) Exhibit B $93,467.12 (The rest of this page is intentionally left blank.) Page 1 of 2 $14,055.09 $79,412.03 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 $93,467.12 Total application amount $31,500.00 Amount of items applied for but not eligible $61,967.12 Amount of eligible application items X .2268153 Percentage of eligible items applicable to federal elections only (as a decimal) $14,055.09 Total potentially eligible award amount $0.00 Amount needed to equitably distribute funds to other counties $14,055.09 Final Award Amount + $79,412.03 Local Match Amount $93,467.12 Final Cumulative Award Amount (Including Local Match) Exhibit B Page 2 of 2 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 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 Page 1 of 8 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 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. Salary and bonus; 2.1.16.2. 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; 2.1.16.3. Earnings for services under non -equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do Exhibit C Page 2 of 8 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 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: 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 Exhibit C Page 3 of 8 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 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; 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. Exhibit C Page 4 of 8 DocuSign Envelope ID: A6957353-6B8A-4F27-BBB3-04C1FE901A47 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. 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. Exhibit C Page 5 of 8 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 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. 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). Exhibit C Page 6 of 8 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1 FE901A47 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. 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. Exhibit C Page 7 of 8 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 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; 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 Page 8 of 8 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 EXHIBIT D, COUNTY GRANT APPLICATION The Grantee's application as submitted to the Department of State appears on the following pages. (The rest of this page is intentionally left blank.) Exhibit D Page 1 of 1 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 STATE OF COLORADO Department of State 1700 Broadway, Suite 550 Denver, CO 80290 Jena M. Griswold Secretary of State Judd Choate Director, Elections Division Election Security Grant Application Section A. 1. County Information County: Weld County DUNS Number: 075757955 Date of Application Submission: 10/20/2021 2. County Point of Contact (this person will be the county's Principal Representative in the grant agreement) Name: Email: Carly Koppes ckoppes@weldgov.com Mailing Address: Phone: 1250 H Street Greeley CO 80631 970-400-3155 3. Signing Authority for the Grant Agreement (this person will be on the signature block for the grant agreement) Name: Steve Moreno Official Title: Section B. BOCC Chair 1. Amount of grant request: $20,000.00 2. The funding is for (select all that apply): nCyber security systems nCyber security services nPhysical security systems to secure Information Technology (IT) systems Physical security services to secure IT systems Main Number Fax TDDITTY (303) 894-2200 (303) 869-4861 (303) 869-4867 Web Site E-mail www.sos.state.co.us elections@sos.state.co.us DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 3. Please describe the cyber security systems or services, physical security systems or services to secure IT systems, or a combination of these, you will purchase with grant money, to include, if applicable: Cyber security systems or services: a. The security gaps and threats it will mitigate; b. The name, age, version, condition, and life expectancy of the current software or hardware being replaced; c. The name of your current vendor; d. If the request is for multiple years of coverage and the grant program only covers a single year, whether you can pay for the life of the purchase agreement; and e. Whether the Department of Homeland Security (DHS) conducted a free cyber security review for your office. Physical security for IT systems: f. The security gaps and threats it will mitigate; g. The lame, age, version, condition, and life expectancy of the current physical security measure being replaced; h. If the request is for multiple years of coverage and the grant program only covers a single year, whether you can pay for the life of the purchase agreement; and i. Whefier DHS conducted a free physical security review for your office. Weld County is applying for the 2021 Elections Security Grant to incorporate the physical security measures to protect the Information Technology systems such as, but not limited to cameras, locks, lighting and security systems. Currently, the Weld County Elections office is split between two locations. Weld County proposes to use the funds to collocate these functions in one building. This project involves two aspects. Therefore, Weld County requests funding for either one or both of the projects described below as Option A or Option B. OPTION A Option A involves upgrading the current five cameras in the Elections office that currently operate on an antiquated DVR system. The update would involve placing 5 cameras on the County's Enterprise Network and albw better data preservation as well as live -time security observations. In addition, there is an undeveloped space within the building. The proposal involves moving all ballot counting and certification operations into this space. As such the space would also need cameras installed and connected to the Enterprise Network as well as access -controlled doors using the proximity card system. In addition, this proposal would be to install different doors locksets to ensure the entry doors to this area are secure. This project is not in the 2021 budget. So funds would be reliant upon this grant. The anticipated costs are: Option A Cost Item 15,000 Cameras with network connections 4,500 Proximity Controlled access doors 500 Door Lock Sets 20,000 Total 2 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 4. Which elections will the requested funding be used to help protect? Check all that apply: R42022 Federal Election Cycle 2023 Coordinated Election 2024 Federal Election Cycle 5. Improving county election cyber and physical security measures sometimes —but not always —also enhances security for other county systems. Will this funding, as a byproduct, improve security for other county systems? Yes No a. If so, identify the percentage of elections systems that will be covered as it relates to all systems being covered. For example: if you are purchasing a network firewall that will protect all 200 county systems, but only 20 of those systems are elections -related, the percentage reported would be 10% (20/200). 6. Does the grant funding need to be reimbursed or advanced? We prefer the former but definitely will do the latter if it helps you. Reimbursed 11 Advanced a. If the grand funding needs to be advanced, how do you plan to segregate grant funds from county funds? 3 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 Convergene Date: 5/25/2021 Page #: l of 2 Documents #: OP -000616182 SO -000680421 Solution Name: Weld County - Qognify Occularis License - Qty 12 Customer: Weld County Solution Summary Weld County - Qognify Occularis License - Qty 12 Customer: Ship To Address: Bill To Address: Customer ID: Customer PO: Weld County 1401 N 17th Ave Greeley, CO 80631-9563 Accounts Payable PO Box 758 Greeley, CO 80632-0758 VTWWELCOU0001 Primary Contact: Aleksei Churyk Email: achuryk@co.weld.co.us Phone: 97030465702555 National Account Manager: Lori Boan Email: LBoan@convergeone.com Phone: +19137443256 ewe Uncategorized Software $384.24 $2,134.56 Prepaid One -Time $384.24 $2,134.56 Project Subtotal Estimated Tax Estimated Freight $2,518.80 NOT INCLUDED NOT INCLUDED $2,518.80 Project Total $2,518.80 $2,518.80 This Solution Summary summarizes the document(s) that are attached hereto and such documents are incorporated herein by reference (collectively, this "Order"). Customer's signature on this Order (or Customer's issuance of a purchase order in connection with this Order) shall represent Customer's agreement with each document in this Order and acknowledgement that such attached document(s) are represented accurately by this Solution Summary. Unless otherwise specified in this Order, this Order shall be subject to the following terms and conditions (the "Agreement"): (i) the Master Sales Agreement or other applicable master agreement in effect as of the date hereof between ConvergeOne, Inc. and/or its subsidiaries and affiliates (collectively, "C1" or "ConvergeOne" or "Seller") and Customer; or (ii) if no such master agreement is currently in place between Cl and Customer, the Online General Terms and Conditions currently found on the internet at: https://www.convergeone.com/online-general-terms-and-conditions/ . If Customer's Agreement is a master agreement entered into with one of ConvergeOne, Inc.'s predecessors, affiliates and/or subsidiaries ("Legacy Master Agreement"), the terms and conditions of such Legacy Master Agreement shall apply to this Order, subject to any modifications, located at: https://www.convergeone.com/online-general-terms-and- conditions/ . In the event of a conflict between the terms and conditions in the Agreement and this Order, the order of precedence shall be as follows: (i) this Order (with the most recent and specific document controlling if there are conflicts between the Solution Summary and any applicable supporting document(s) incorporated into this Order), (ii) Attachment A to the Agreement (if applicable), and (iii) the main body of the Agreement. This Order may include the sale of any of the following to Customer: (a) any hardware, third party software, and/or Seller software (collectively, "Products"); (b) any installation services, professional services, and/or third party provided support services that are generally associated with the Products and sold to customers by Seller (collectively, "Professional Services"); (c) any Seller -provided vendor management services, software release management services, remote monitoring services and/or, troubleshooting services (collectively, "Managed Services"); and/or (d) any Seller -provided maintenance services ordered by Customer to maintain and service Supported Products or Supported Systems at Supported Sites to ensure that they operate in conformance with their respective documentation and specifications (collectively, "Maintenance Services"). For ease of reference only, Professional Services, Managed Services and Maintenance Services may be referred to collectively as "Services." Unless otherwise defined herein, capitalized terms used herein will have the same meanings as set forth in the Agreement. Products and/or Services not specifically itemized are not provided hereunder. This Order will be valid for a period of thirty (30) days following the date hereof. Thereafter, this Order will no longer be of any force and effect. This Order is a configured order and/or contains software. Solution Quote Uncategorized CONFIDENTIAL AND PROPRIETARY INFORMATION OF CONVERGEONE, INC. DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 Li ConvergeOne Solution Quote Date: 5/25/2021 Page #: 2 of 2 Documents #: OP -000616182 SO -000680421 Solution Name: Weld County - Qognify Occularis License - Qty 12 Customer: Weld County #Ifteln NUMber Description QtY Unit Price Extended Price 1 ONS- OC ENT CAM LICENSE SMA-ENT 1ST YEAR OCENT1CSMAEI OC-ENT-1C-SMA Software 2 ONS-OCENT1C OCULARIS ENTERPRISE CAMERA LICENSE 12 $32.02 $384.24 12 $177.88 $2,134.56 CONFIDENTIAL AND PROPRIETARY INFORMATION OF CONVERGEONE, INC. DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 art C i cdw.com/cart?pfm=crt Apps G Google ''�' Weld Intranet 1 Weld County a, Amazon Account Autodesk Viewer ® Total Conned 2.0 Building Reports = WebTMA Login 11I' 16x9 Screen Size Ca... • eSwitch Passwor ' Shipping Delays: Due to global supply chain constraints, delivery on some items may be delayed, Learn More Hardware Software Services IT Solutions Brands Research Hub 4- Continue Shopping Shopping Cart Sign in to Save this Cart, View Saved Carts or E-mail this Cart ITEM AXIS P3245-LV Network Camera - network surveillance camera - dome MFG Part: 01592-001 CDW Part: 5816438 UNSPSC: AVAILABILITY PRICE Item Backordered This item will ship once it is in stock. $623.99 Advertised Price What can we help you find today? QUANTITY ITEM TOTAL 7 $4,367.93 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 PROJECT : Elections security cameras / ballot counting area DESCRIPTION UNIT MATERIALS UNIT EQ / SUB UNIT LABOR TOTAL 0 0 0 0 Security related costs 0 0 0 0 Frame and drywall security walls 1 EA 2100 2100 0 2500 2,500 4,600 Security door, frame and hardware 1 EA 1000 1000 0 250 250 1,250 Security viewing window 1 EA 250 250 0 0 250 Entry door locksets 3 EA 350 1050 0 75 225 1,275 Electrical outlets 10 EA 0 250 2,500 0 2,500 Proxy door 4 EA 0 2576 10,304 0 10,304 Altronics relay board 1 EA 781 781 0 0 781 Cameras 16 EA 623.99 9983.84 0 0 9,984 Camera installation 16 EA 0 0 75 1,200 1,200 Cabling to cameras 16 EA 0 300 4,800 0 4,800 Occularis licensing 16 EA 0 209.83 3,357 0 3,357 Camera programming 16 EA 0 0 51 816 816 Enterprise network switch 1 EA 8000 8000 0 0 8,000 0 0 0 0 SUB TOTAL Security Related 23,165 20,961 4,991 49,117 0 0 0 0 Additional costs not security related 0 0 0 0 0 0 0 0 Demolition of existing area 1 EA 0 2500 2,500 0 2,500 Paint walls 1 EA 0 950 950 0 950 Carpet 5800 SF 0 4 23,200 0 23,200 Ceiling replacement 1 EA 0 750 750 0 750 Rubber base 1 EA 0 250 250 0 250 Sound insulation 1 EA 0 650 650 0 650 New entry doors to undeveloped space 2 EA 0 1600 3,200 0 3,200 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 SUB TOTAL Non Security Related 0 0 0 0 0 0 0 0 0 31,500 0 31,500 Total all costs $80,617 DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1FE901A47 RSA= ROBERT SHREVE ARCHITECTS Se PLANNERS MADISON & MAIN BUILDING 801 8TH STREET, STE. 120 GREELEY, COLORADO 80631 970-346-0151 FAX 970-352-8761 January 25, 2022 Weld County Facilities Department 1105 H Street Greeley, Co 80631 • Re: Design for Elections Counting 1250 H Street Greeley, Colorado Dear Toby, After yesterday's tour I looked at the area plans and estimated the time it might take to complete construction plans for the renovation of the 5,800 square foot space located in the southwest corner at 1250 building. As you we found some existing conditions that changed the initial thoughts on how the space should be designed and recognized the need for some modification to the access from the parking lot to the west building entrance. The scope of work will include preparing plans for removing the existing restrooms and breakroom_ In the vacated space we will prepare plans and specifications for a new secure server storage room. The plans will also include the installation of 2 double doors to the hallway, addition of ADA control for cart access, and modification to the west sidewalk, curb, and gutter to allow for the delivery of ballot carts. The members of the team that participated in the preparation of construction documents will be G2 for electrical and HVAC modification, Wemsman engineering for site work modifications and RSAP for the project management and architectural design. For the design services outlined previously we propose aLump-Sum Fee" of $12,850.00. Should you have any comments or have any questions regarding this proposal, please write or call. Robert Shreve Architects & Planners DocuSign Envelope ID: A6957353-6B8A-4F27-BB83-04C1 FE901A47 STATE OF COLORADO Department of State 1700 Broadway, Suite 550 Denver, CO 80290 April 5, 2022 Weld County Attn: Carly Koppes, County Clerk and Recorder 1150 O Street Greeley, CO 80631 Jena M. Griswold Secretary of State Christopher P. Beall Deputy Secretary of State CMS #: 147870 CORE: CT, VAAA, 2022-3703 Dear Clerk Koppes: We are pleased to inform you that the Colorado Department of State has approved your application for funding pursuant to the Election Security Grant ("Program") in the amount of $93,467.12 ($14,055.09 from the Department's Help America Vote Act (HAVA) Election Security Grant, $79,412.03 County Match). This letter authorizes you to proceed with the construction of a secure server and ballot counting room("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 electronically sign the signature page through DocuSign. Once the Grant Award Letter has been fully executed, you will receive an electronic copy of the Grant Award Letter. If you have questions regarding this Grant, please contact: Nathan Blumenthal at Nathan.Blumenthal@coloradosos.gov or 720-484-9209; Craig Buesing at Craig.Buesing@coloradosos.gov or 303-860-6922; or Tyler Lycan at Tyler.Lycan@coloradosos.gov or 303-894-2200 extension 6337 . Best regards, Christopher Beall Deputy Secretary of State GRANT AWARD LETTER AND SUMMARY OF TERMS AND CONDITIONS FOR HELP AMERICA VOTE ACT (HAVA) ELECTION SECURITY GRANT APPROVED AS TO SUBSTANCE: Elected Official or I -partme Head APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: County Attorney Hello