HomeMy WebLinkAboutbocc.res.014.2021 Contract No. 189.2021
Attached
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS ("BOCC") OF PITKIN COUNTY,
COLORADO AUTHORIZING, THE COLORADO
DEPARTMENT OF STATE ELECTRONIC
RECORDING TECHNOLOGY BOARD GRANT
AWARD
RESOLUTION NO. 014-2021
RECITALS
WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter
("HRC") official action by formal resolution shall be required for all actions of the Board
not requiring ordinance power on matters of significant importance affecting citizens, and;
WHEREAS, In 2016 the Colorado Legislature passed SB16-115 concerning an electronic
filing system for documents recorded with a county clerk and recorder and created the
electronic recording technology board(ERTB), an enterprise. The ERTB is authorized to
set an additional filing surcharge for a five-year period that requires counties to transmit the
proceeds of the board's surcharge to the state for deposit in a cash fund administered by the
board. The board is required to make grants from the fund to counties to create, maintain,
improve, or replace their electronic recording filing systems, and established reporting
requirements for the board.
WHEREAS, In accordance with C.R.S. 24-21-404, Electronic recording technology fund—
electronic filing—grants, on December 15, 2020,the Electronic Recording Technology
Board awarded the Pitkin County Clerk and Recording Department a grant in the amount of
$36,535.40 from the Colorado Department of State Electronic Recording Technology Fund
(ERTF).
WHEREAS, Pursuant to Resolution No. 043-2019, the Board of County Commissioners
authorized a Colorado Department of State Electronic Recording Technology Board Grant
Award and this Resolution is authorizing a new grant agreement for the second and final
stage of indexing data to historical documents back to 1881.
WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin County
to approve this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts a Resolution Authorizing the Colorado
Depaitiiient of State Electronic Recording Technology Board Grant Award and authorizes
the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to
form, execute any other associated documents necessary to complete this matter.
1
INTRODUCED AND FIRST READ ON THE 10th DAY OF February, 2021 AND SET
FOR SECOND READING AND PUBLIC HEARING ON THE 24th DAY OF February,
2021.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE I lth DAY OF
February, 2021.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com)
ON THE 1 lth DAY OF February, 2021.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 24th DAY
OF February, 2021.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE 25th DAY OF February, 2021.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE 4th DAY OF March, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MIL A^
By iGOLdft. jouu s By:
Jeanette Jones Kelly McNicholas Kury, Chair
Deputy County Clerk
Mar-01-2021
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
106, Et/ Pll�s M.af f iu,
John Ely, County Attorney Phylis Mattice for Jon Peacock, County
Manager
Revised 01-01-2021
2
Contract No. 189.2021
RP, `t op ELECTRONIC
0RECORDING
'� TECHNOLOGY
BOARD
December 15,2020
Janice Voc Caudill
Pitkin County Clerk and Recorder
530 E. Main Street, Suite 104
Aspen,CO 81611
Dear Clerk:
On behalf of the Electronic Recording Technology Board, we are pleased to inform you that your county has
been awarded a grant in the amount of$36,535.40 from the Electronic Recording Technology Fund.
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 the County agree~ by accepting the Grant Funds.
Once you have reviewed the Grant Award Letter,please sign both copies, include an invoice for the grant
amount and mail them back to:
Electronic Recording Technology Board
do Colorado Department of State
ATTN:Cashier's Office
1700 Broadway
Suite 200
Denver,CO 80290
You will then be contacted regarding the process of receiving the grant funds.
If you have questions regarding this Grant,please contact: Executive Director Michelle Batey at 303-356-2174
or by email ertbexecutivedirector@gmail.com.
Sincerely,
4 9. 63,,.6..,4 i
Gary Zimmerman,Treasurer Susan Corliss, Chairman
Electronic Recording Technology Board
GRANT AWARD LETTER
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency Grant Amount
Electronic Recording Technology Board, State Fiscal Year 2020-2021: $36,535.40
Colorado Department of State Total Grant Amount for all State Fiscal Years:
$36,535.40
Grantee
Board of County Commissioners of Pitkin County Total Grant Amount will be disbursed upon full execution
of this Grant Award Letter.
Grant Issuance Date
The later of December 15,2020 or the date the State Controller
or an authorized delegate signs this Grant Letter
Grant Expiration Date
June 30,2022
Grant Authority
§§24-21-401 et seq.,C.R.S.,particularly§24-21-404,C.R.S.
Grant Purpose
By statute,Grant Funds are awarded to establish,maintain, improve,or replace a County's electronic filing system.The
purpose of this grant is described more fully in the County's grant application(Exhibit A,Statement of Work).
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
1. Exhibit A,Statement of Work.
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.
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SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
PITKIN COUNTY
STATE OF COLORADO Board of County Commissioners of Pitkin County
Jared Polls,Governor
Jena Griswold, Secretary of State
Electronic Recording Technology Board(ERTB)
4/10-.041Y C041-1:6d) `--/A 247-
By:Gary Zimmerman,Treasurer Susan Corliss, Chairman By:
Date: March 25,2021 Date: 2 fati a off[ -
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
By: --
Date: 3/29/2021
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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. "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.
B. "CORA"means the Colorado Open Records Act, §§24-72-200.1 et. seq.,C.R.S.
C. "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.
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D. "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.
E. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
F. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this
Grant Award Letter.
G. "Exhibits"exhibits and attachments included with this Grant as shown on the first page of
this Grant
H. "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
I. "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.
J. "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.
K. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Expiration Date.
L. "Party"means the State or Grantee, and"Parties"means both the State and Grantee.
M. "PII" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individuals 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.
N. "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.
O. "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.
P. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a)C.R.S.
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Q. "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.
R. "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.
S. "Subcontractor" means third-parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub-grantees.
T. "Work"means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
U. "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 after the Grant Expiration Date.
B. Close-Out.
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
documentation)as defined in this Grant Award Letter.
b. 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 §5B, containing an evaluation and review of Grantee's
performance and the final status of Grantee's obligations hereunder.
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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 potentially affecting the
award.
7. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall maintain records that provide a complete audit trail of funds received and
expended, and Grantee shall cooperate and participate in any audits conducted under
authority of the Electronic Recording Technology Board or the Colorado State Auditor.
Grantee shall maintain an accounting system and financial records that accurately account
for the receipt and disbursement of Grant Funds. For this purpose, Grantee may use either
general ledger fund accounting that tracks Grant Funds separately from other county funds
or use a tracking spreadsheet. All payments and expenditures must be tracked. Each
expenditure must be classified by budget category, such as Personnel, Supplies and
Operating, Travel, Equipment, and Professional Services. All financial records must be
supported by source documentation(such as invoices,time sheets, etc.).
In addition, Grantee shall provide proof of purchase by a signed contract for any new
purchase. Contracts may be emailed to ERTB.Grants@sos.state.co.us.
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 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,
Page 6 of 10 Version 1020
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.
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.
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E. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement,
Grantee shall provide for the security of such PII, in a manner and form acceptable to the
State, including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Grantee and its
Subcontractors 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, 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, disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or official designated by Grantee for resolution.
13. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
email to the representative of the other Party. Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this§13.
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14. 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.
15. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or
transfer without such consent shall be void. Any assignment or transfer of Grantee's rights
and obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference
only, and shall not be used to interpret, define, or limit its provisions. All references in this
Grant Award Letter to sections (whether spelled out or using the § symbol), subsections,
exhibits or other attachments, are references to sections, subsections, exhibits or other
attachments contained herein or incorporated as a part hereof,unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to
the Work,oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following
receipt of the updated letter. The Parties may also agree to modification of the terms and
conditions of the Grant in a formal amendment to this Grant, properly executed and
approved in accordance with applicable Colorado State law and State Fiscal Rules.
E. Statutes,Regulations, Fiscal Rules, and Other Authority.
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply
with all applicable Federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
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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.
1. 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. [Reserved]
L. 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.
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EXHIBIT A, STATEMENT OF WORK
(GRANT APPLICATION)
Exhibit C Page 1 of I
IELECTRONIC Grant Application
IPMRDtisiGOGY
CHNO
BOARD
Crowley,Eagle,Elbert,Fremont,Gilpin,Gunnison,Huerfano,Kit Carson,Lake,La Plata,Lincoln,Ouray,Park,Phillips,Prowers.
Rio Grande,Routt.Saguache,San Miguel,Sedgwic k,Teller,Washington and uma are counties of the fourth class,
(e)The counties of Baca,Custer.Dolores.Grand,Hinsdale,Jackson,Kiowa,Mineral,Moffat,Pitkin,Rio Blanco,San Juno,and
Summit are counties of the fifth class
ELECTRONIC RECORDING TECHNOLOGY FUND
GRANT APPLICATION CHECKLIST
❑ Complete the entire application regardless of whether it applies to a
specific grant request. Incomplete applications will be returned to the
county and can be resubmitted once completed.
❑ Include any bids, invoices or proposals that are applicable to the grant
application. For digitization and indexing, make sure that bids include the
number of pages and/or documents to be digitized and/or indexed.
❑ Do not include any requests that would include funding past the
expiration of the Electronic Recording Technology Fund on June 30, 2022.
CJ Grants can only be awarded for goods or services that fall under the
statutory definition of"electronic filing system" in 24-21-401.
[ ;cc_ .ltii IZc of I cdii.n1n4\ I tiff
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General Information
County Name:Pitkin County
County Clerk&Recorder Name:Janice K VosCaudill _
Phone 970-429-2710 I Email:janice.vos(Rpitkincounty.com J
ELFCTROMC Grant Application 6
RECORD;NG
TECHNOLOGY
RD
Altemant contact:Ingrid Grueter
Phone:970-429-2708 Email:ingrid.grueter(pitkincounty-com
Mailing Address:530 E Main St.Suite 104
City:Aspen State:CO Zip 81611
County Tier:"e"Fifth
County budget cycle(calendar,fiscal)including dates
Calendar,January i -December 31
How many recordings do you do in a year?
Average over the past three years:8832
How much do you collect of the$1 Recording Technology Fee in an average year(over the last three years)?
$8107
How much money is in your technology fund?
Year-End 2019 $7864(See Appendix A/Pitkin County S t Surcharge 1 ransaction Summary)
Recording Equipment Information
Is your county currently recording documents X Electronically L I Manually
What is the age of your current software?What is the age of the equipment(hardware)for which you are applying?What
is the expected life of the software and hardware? KoFile Technologies County Fusion,our current software is 3 years
old. The age of our Hardware is also 3 years. We project a 7 year replacement schedule and reassess the lifespan at that
time.
What is the condition of your current software? What is the condition of the equipment(hardware)for which you are
applying?
n/a
Who is your current vendor? What product and version do you currently use?
In February 2017 Pitkin County converted to CountyFusion,acquired by KoFile Technologies at that time.KoFile hosts
the system,assuring secure and accurate preservation of public records,provides the capability to accurately sequence
documents and provides online public access and copy purchase capability.CountyFusion software is utilized by Denver,
Boulder,Arapahoe,Mesa,Routt and Kit Carson counties.
What is your current annual payment to your vendor and how is it calculated?
A 5-year budgeted maintenance contract is secured through KoF He Technologies for$4,616 annually,from 2017 through
2021.
How and what kind of hosting is done with any parts of your recording system?
Hosting is provided by KoFile Technologies for the CountyFusion system.
What is the term of your contract(dates)with your current vendor?
2017 through 2021
What percentage of your documents have been digitized?What percentage of your documents have been indexed?What
will the percentage be if this grant application is approved?
100%of our documents have been digitized from current back to 1881.
85%of our documents have been indexed from current back to 1950.
i£tECTRGNIC Grant Application
t2ECOROIN'_-
TEC
HNOLOGY
This grant will enable us to have 100°6 indexed.
What percentage of your documents arc accessible on-line?What will the percentage be if this grant application is
approved?
99%of our documents are accessible on-line.85°o are searchable by GrantorGrantee. 15°b of our documents can be
acceswd only by the Bo.t R Pa or the Reception
Grant Information -
J
Amount of grant request(no funding requests past the ERT Fund expiration on June 30,2022).
S36,535.40
What do you want to use the grant money for?Breakout the expenses and include bids,invoice or proposal with your
request.
Pitkin County is requesting grant monies to add electronic indexing data to historical documents from 1881- 1949.These documents
wove imaged by US Imaging and imported into CountyFusion recording software in 2017_This project will include adding
grantor grantee,document type,and dateitimc data to the indexing of these documents.The indexing will be imported into the
CountyFusion software and County staff will QC the indexing.
Please see Appendix A and Appendix B attached for expenses breakout and bid from US Imaging
How do you plan to segregate grant funds from county funds?
•
The grant funds will be set up as a separate budget line item In an expenditure account for payment to vendor.
Will any monies from your technology fund(cited in the application abo8,e)be used for the purposes)contained in the
grant request? If yes.how much?
Yes,$I,I81.00
If no,explain the plans for the use of your technology fund.
What specifically do you want to purchase(if equipment)?
N A
If the grant is for temporary staff, what specific project will the staff be working on?(Please attach a Statement of Work).
NA
i 1
Will this be(or was this)a competitive bid process(RFP)or an upgrade to an existing system?
An outside agency bid utilizing a City and County of Denver RFP
Will the grant award increase your annual maintenance costs?If so,do you have a long-term plan to budget for the
increase?
LNA
ELECTRONIC Grant Application 8
TECHNOLOGY G
BOARD
Why are you applying for grant funds? i
There are approximately 88,000 documents recorded in the time-period from 1881 - 1949 and represent the remaining
unindexed documents recorded in Pitkin County.Upon completing of this project,a complete digital set of all Pitkin
County recorded documents,including images and indexes,will be available to the general public both online and in our
office. Recording staff will verify the indexing of these older,often hand written historic documents using their knowledge
of County history to make any necessary corrections. An additional benefit is the digital indexes and images will be
permanently stored on servers,assuring a back-up system and providing an efficient disaster contingency plan for
recorded Pitkin County documents
Describe how the funds will be used to achieve the stated business purpose and core goals.
Ai To assure the security accuracy and preservation of public records.
Yes. Images and indexes w'll be permanently stored on servers, assuring a back up system and
providing an efficient disaster contingency plan.
B) To ma;nta;n the privacy of personal identifying information,on ine access
CountyFusion enables us to redact personal identifying information.
C) To assure that the sequence in which documents are received by a clerk are accurately reflected to
the greatest extent pra ticab e. Processes are already in place with CountyFusion software.
D) Funds will provide for online public access to pubic records
Currently public records are searchable back to 1950. Prior to 1950 images are only available with the
Book & Page or Reception #. With this grant all documents will be searchable back to 1881.
E) Assure that electronic f l ng systems used in different countes are similar so as to facilitate the
submiss'on and searching of eectronic records.
CountyFusion software 's used by Denver Boulder, Arapahoe, Mesa, Routt and Kit Carson counties.
With my signature below,I do hereby certify that I have read understand,and support the above application for grant funds through the
Electronic Recording Technology Board.
® ELECTRONIC Grata Application 9
RECORDING
BBOA D LOGY
Cr k
Sighaturr of County Clerk&Reconlcr Date !,
APPENDIX A
PITKIN COUNTY$1 SURCHARGE TRANSACTION SUMMARY
Running Balance
$1 Surcharge Revenue Collection from 2002 through Year-End 2017: $148,124.00
2007 Aptitude OnCore System Implementation:
$1 Surcharge Revenue Collection: 2002-2006 $44,632.00*
Expenditure for Conversion: $78,984
Surcharge Balance after Implementation: $0.00
Maintenance Fee Payments:
$1 Surcharge Revenue Collection: 2007—2008 $21,028.00•
Expenditure for Maintenance Fees 2008&2009 due to recession: $14,797.00
Surcharge Balance after,Maintenance Fee Payment: $6,231.00
2015/2016 US Imaging Digitization of Historical Documents 1881-1976
$1 Surcharge Revenues Collection: 2009—2015 $65,769.00*
Total Surcharge Revenues($6,231.00+$65,769.00) $72,000.00
2015 Budget Supplemental Requested for Imaging Project: $100,975
Actual Project Cost: $109,421;General Fund subsidized$20,726
$1 Surcharge Revenues Collection: 2016-2017 applied toward Project: $16,695.00*
Surcharge Balance End-of-Year 2017: $0.00
*Revenue collections from 2002 through 2017($44,632+$21,028+$65,769+$16,695=$148,124)
2017 KoFile CountyFusion System Implementation:
$1 Surcharge Balance End-of-Year 2017:
Expenditure for conversion subsidized through General Fund: $59,197
Grant received returned to General Fund: ($59,197) $0.00
2018 US Imaging Project: Complete imaging of documents missed in 2015-2017 project:
$1 Surcharge revenues collected 2018 $8481.00•
Marriage Licenses 1968—1975;Marriage Applications 1882—1890;filed historical paper
documents 1880s—early 1900s. $7300.00
Surcharge Balance End-of-year 2018: $1181.00
2019 US Imaging and Kofile Indexing Project Grant:
$1 Surcharge Balance End of year 2018: $1,181.00
Project Statements of Work:
US Imaging to Index Grantor/Grantee/Date from 1950—1976: $17,511.84
Koflle uploading completed Indexing into software system: $1,500.00
Total Statement of Work: -$19.011414
ERT GRANT APPLICATION REQUEST: S17.830.84
Grant received returned to General Fund: (17,830.84) $0.00
2020 US Imaging indexing Project:
$1 Surcharge collected 2019: $7,864.00
Project Statement of Work US Imaging to Index from 1882—1949: -$44.399.40
ERT GRANT APPLICATION REQUEST; S36.535.40
APPENDIX B
Proposal to:
Partial Document Indexing
A Official Record Books 1-177
Presented to:
Pltkin County Clerk and Recorder
530 E. Main Street, Suite 104
Aspen, Co 81611
Presented by:
"is Imaging, Inc.
400 S. Franklin Street
Saginaw, MI 48607
Eric Nejedly
National Account Manager
(303) 319-9457
February 19, 2020
zb,
BSI 1 ; * fl
111
47:1,
February 19,2020
Janice Vos Caudill
Pltkin County Cleric and Recorder
530 E.Main Sheet,Suite 104
Aspen,CO 81611
US Imaging,Inc.Is pleased to present this proposal for Partial Document Indexing of Official Record Books 1-177 for
Pitkln County. Our team will provide Pitkin County with an unparalleled combination of county expertise,proven
processes and state of the art technology to provide the highest quality Images and indexes possible. US Imaging
understands the scope of work required,the critical success factors,and the County's goals. US Imaging has become
America's premier County Conversion Service for the following reasons:
• Experience-US Imaging's staff has been converting Images for over 44 years and has served 762 Counties
Nationwide.
• County Focus-US Imaging is the only scanning vendor in America that serves Counties exduslvety. We have
successfully scanned&Indexed records for every County Department.
•, Backup-US imaging stores a backup of all images to provide duplicating,reformatting and enhancement
services on demand or en mass at any time In the future.
• Guaranteed Quality-If a County Is not satisfied with any Image,we will attempt to correct It for free.
We appreciate the opportunity to present our services and look forward to working with you. If you have any questions,
please call(303)319-9457 or e-mail dlrigus-fmsulna.cnm
Sincerely.
Eric Nejefdly
National Account Manager
US Imaging,Inc.
400 S.Franklin Street•Saginaw,MI 48607
Phone: (989) 753-7933•Fax: (800) 517-4293
itkin
Padtal oovcumard Indexing
co
Fet+rutry 1919,�
Page 3of4
Pitksn County ReauiremonteZ
• Import—County will work with their system vendor to Import Indexes into the Records Management System.
• Pilot-County will review the index accuracy of the pibt prior to US Imaging beginning full production of the project.
US fmaelna Reayrements;
Doubt*Pass Index and Verify—US Imaging's indexing specialists will view the TIFF images at their full original letter/legal
size on a 20"portrait monitor. Team 1 will key 100%of the Raids listed below exactly as they appear on the originally
recorded document to create database 1 for approximately 87,906 documents. Team 2 will key 100%of the fields listed
below exactly as they appear on the originally recorded document to create database 2 for the same 87,906 documents.
ImageXpert MD compare Database 1 and 2 against each other and present any mismatches to our most experienced Quality
Control staff that will make necessary corrections to provide 100%accuracy.
Fields jo be Indexed:
1) Document Type
2) Grantor—All
3) Grantee--Ali
4) Reception Date
5) Reception Number
6) Book-Page Number
Delivery and Import—US Imaging will format the images and indexes for the County's Records Management System for
remote importing.The County will work with their system vendor to import full indexes into the County's Recording System.
Phan,l Esiimettd)nygyzlment to Double Pass Index and Verily
Document Indexing-Official Records Books 1-177
65,637 Documents 61 $0.68 Per Handwritten Document to Double Pass index $38,069.46
22,269 Documents ® $0.28 Per Typed Document to Double Pass index $5,769.94
2 Drhes @ $260.00 Per USB Hard Drive.Copying&Backup ti $500.00
1 Shipment @ $40.00 Per USB Hard Drive Shipment n $40.00
Total Investment gt $44,399.40
Pisan county.co
Pasant Manias:Indexing
February 19,2020
Page seta
ACCEIWWCE AN AUTHOljZAT1ONt
The proposed quantities above are estimated,Invoiced quantities will be actual. Invoices will be Issued at the completion
of each Stage or Hard Drive shipment.
Ali hard drives,images and indexes are the exclusive property of the County. US Imaging will not reproduce or distribute
Pitkin County images and/or Indexes to any other entity except Pitkln County.
Pitkln County may designate acceptance of this proposal by signature of a duly authorized officer of the company. Total
costs for Initial implementation and ongoing costs have been described herein.
In exchange for products and services outlined In this proposal,Pitkln County agrees to pay US Imaging,Inc.,the total
amount due within 30 days from the date of invoke. Any amounts outstanding will be assessed a finance charge of 1.5%
per month on the unpaid balance.
US Imaging also reserves the right to collect monies owed in the event of nonpayment and recover any and all legal fees
in addition to the unpaid balance.
Accented by: Accepted by
Janice Vas Caudill Eric Nejedly
County Clerk and Recorder National Account Manager
PitkIn County US Imaging,Inc.
530 E.Main Street,Suite 104 400 S.Franklin Street
Aspen,CO 81611 Saginaw,Mt 48607
M,,f
Signature: Signature:
Date: Date:FtiklarY_19 2Q2Q
Please check the approved Phases)
Phase 1:Partial Document Indexing of Official Record Books 1.177 or S44,399.40