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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOCC”) OF PITKIN COUNTY, COLORADO AUTHORIZING, THE COLORADO DEPARTMENT OF STATE HELP AMERICA VOTE ACT GRANT AWARD
RESOLUTION NO. 018-2023
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 2002, the Help America Vote Act (HAVA) was signed into law. HAVA
creates new mandatory minimum standards for states to follow in key areas of elections administration. The law provides funding to help states meet these new standards, replace voting systems and improve election administration. The new Dominion ImageCast X (ICX) ballot marking device provides functionality to remove the QR code from the ICX
ballots and produces an ICX ballot that looks the same as mail ballots and provides for
additional space for ballot content and ballot card size greater than 14 inches in length;
WHEREAS, In January of 2023, the Colorado Department of State issued a HAVA sub-grant application for counties using the Dominion Democracy Suite voting system for the
purchase of new ICX printers;
WHEREAS, A grant in the amount of $7,580.00 was awarded to the Pitkin County Clerk and Recorder by the Colorado Department of State on February 3, 2023, for the purchase of ImageCast X (ICX ) printers from Dominion Voting Systems;
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
Department of State 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.
Contract No. 109-2023
Attached
2
INTRODUCED AND FIRST READ ON THE 22ND DAY OF FEBRUARY, 2023 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 8TH DAY OF MARCH 2023.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 23RD DAY OF FEBRUARY, 2023.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 23RD DAY OF FEBRUARY 2023.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 8TH DAY OF MARCH 2023.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 9TH DAY OF MARCH 2023.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 16TH DAY OF MARCH, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By _________________________ By: _____________________________
Julia Ely, Francie Jacober, Chair Clerk to the Board Date: ______________
APPROVED AS TO FORM: MANAGER APPROVAL
___________________________ _________________________________ Laura Makar, Asst. County Attorney Phylis Mattice for Jon Peacock, County
Manager
Mar-09-2023
STATE OF COLORADO Department of State 1700 Broadway, Suite 550 Denver, CO 80290
Jena M. Griswold Secretary of State
Christopher P. Beall Deputy Secretary of State
February 3, 2023
CORE #: CT, VAAA, HAVA, 2023-3335
Pitkin County
Attn: Ingrid Grueter, County Clerk and Recorder
530 E Main St, Ste 104
Aspen CO 81611
Dear Clerk Grueter:
We are pleased to inform you that Colorado Department of State (CDOS) has approved your application for
funding pursuant to the ImageCast X (ICX) Printer Grant Program (“Program”) in the amount of $7,580.00.
This funding is a sub-grant from CDOS’s Help America Vote Act (HAVA) Section 251 Grant, including a
$959.44 Local Match amount). This letter authorizes you to proceed with the purchase of the ICX printers from
Dominion Voting Systems (“Project”) in accordance with the terms of this Grant Award Letter.
Attached to this letter are the terms and conditions of your Grant. Please review these terms and conditions as
they are requirements of this Grant to which you Grantee agree by accepting the Grant Funds. If you are
satisfied with the terms and conditions of this Grant Award Letter, please sign using the DocuSign email
invitation to sign.
Should you have questions regarding this Grant, please contact: Jessi Romero at
Jessi.Romero@coloradosos.gov.
Best regards,
Christopher Beall
Deputy Secretary of State
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Contract No. 109-2023
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GRANT AWARD LETTER SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency Colorado Department of State (CDOS) Grant Amount (Federal Funds) State Fiscal Year 2022-23: $6,620.56 Total for all State Fiscal Years: $6,620.56 Grant Amount (Local State Match) State Fiscal Year 2022-23: $959.44 Total for all State Fiscal Years: $959.44 Grant Amount (Total Federal and State Match) Total for all Funds for All State Fiscal Years $7,580.00
Grantee Board of County Commissioners of Pitkin County UEI Number: D3J2PX2ARRJ7
Grant Issuance Date
The later of February 3, 2023, or the date the State Controller or an authorized delegate signs this Grant Letter
Grant Expiration Date
December 26, 2025
CORE #: CT, VAAA, HAVA, 2023-3335
Grant Authority On April 17, 2018, the Colorado Department of State (CDOS) received an initial Help America Vote Act (HAVA) Election Security Award from the US Election Assistance Commission (EAC). The Award, which includes twenty percent in State matching funds, grants CDOS the “discretion as to if and how
[it] make[s] available funds to local election jurisdictions.” HAVA funds are continuously appropriated to the Department of State pursuant to §1-1.5-106(2)(b) C.R.S. CDOS is authorized to make such awards to counties by §1-1.5-106(7)
C.R.S.
On June 17, 2004, the Colorado Department of State (CDOS) received an initial Help America Vote Act (HAVA) Section 251 Award of the HAVA Act from the US Election Assistance Commission (EAC). The Award, which includes five percent
in State matching funds, grants CDOS the “discretion as to if and how [it] make[s] available funds to local election
jurisdictions.” HAVA funds are continuously appropriated to the Department of State pursuant to §1-1.5-106(2)(b) C.R.S. CDOS is authorized to make such awards to counties by §1-1.5-106(7) C.R.S.
Grant Agreement: CO1801001-01 Catalog of Federal Domestic Assistance (CFDA) #: 90.404 Grant Agreement: CO11RP01-01
Catalog of Federal Domestic Assistance (CFDA) #: 90.401
Grant Purpose
This grant program (the ICX Printer Grant Program) is to assist Colorado counties with the costs of acquiring the new HP M404dn printer(s) for use with their Dominion ImageCast X (ICX) ballot marking device which provides flexibility when using the uniform ballot option. The uniform ballot functionality improves the administration of federal elections by removing the QR code from ICX ballots and instead produces an ICX ballot that looks the same as mail ballots. Use of the uniform ballot requires additional space for ballot content and a potential increase in ballot card size, especially for federal elections. Acquisition of the new printer will give counties the option to use ballot cards larger than 14 inches.
Exhibits and Order of Precedence The following Exhibits and attachments are included with this Grant:
1. Exhibit A, Statement of Work. 2. Exhibit B, Budget.
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3. Exhibit C, Federal Provisions. 4. Exhibit D, County Grant Application
In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority: 1. Exhibit C, Federal Provisions.
2. The provisions of the other sections of the main body of this Grant. 3. Exhibit A, Statement of Work.
4. Exhibit B, Budget. 5. Exhibit D, County Grant Application
SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
STATE OF COLORADO Jared S. Polis, Governor Colorado Department of State Jena M. Griswold, Secretary of State ______________________________________________ By: Christopher Beall, Deputy Secretary of State Date: _________________________
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY ______________________________________________ By: Frances Jacober, Board of County Commissioners Date: _________________________
In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD ______________________________________________ By: Brad Lang, Controller & Budget Director, Department of State, OSC Delegate Date: _________________________
DocuSign Envelope ID: 98692735-E9A3-4873-B4EF-2755F269B9E5
February 10, 2023February 10, 2023
February 13, 2023
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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.
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.
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B. “Business Day” means any day in which the State is open and conducting business, but
shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1), C.R.S.
C.
D. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
E. “Grant Award Letter” means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto.
F. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Grant Award Letter.
G. “Grant Expiration Date” means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
H. “Grant Issuance Date” means the Grant Issuance Date shown on the first page of this Grant Award Letter.
I. “Exhibits” exhibits and attachments included with this Grant as shown on the first page of
this Grant
J. “Extension Term” means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Grant Award Letter
K. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the
Recipient. “Federal Award” also means an agreement setting forth the terms and conditions
of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program.
L. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. US Election Assistance Commission (EAC) is the Federal Awarding Agency for
the Federal Award which is the subject of this Grant.
M. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Grant Award Letter and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services.
N. “Incident” means any accidental or deliberate event that results in or constitutes an
imminent threat of the unauthorized access or disclosure of State Confidential Information
or of the unauthorized modification, disruption, or destruction of any State Records.
O. “Initial Term” means the time period between the Grant Issuance Date and the Grant Expiration Date.
P. “Matching Funds” means the funds provided Grantee as a match required to receive the
Grant Funds.
Q. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
R. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth,
mother’s maiden name, or biometric records; and any other information that is linked or
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linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101, C.R.S.
S. “Recipient” means the State Agency shown on the first page of this Grant Award Letter, for the purposes of the Federal Award.
T. “Services” means the services to be performed by Grantee as set forth in this Grant Award
Letter, and shall include any services to be rendered by Grantee in connection with the Goods.
U. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to,
PII and State personnel records not subject to disclosure under CORA. State Confidential
Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its
disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach
of any obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information.
V. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
W. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year.
X. “State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
Y. “Sub-Award” means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to this Sub-Award unless the terms and conditions of the Federal Award specifically indicate otherwise.
Z. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of
the Work. “Subcontractor” also includes sub-grantees.
AA. “Subrecipient” means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization entity that receives a Sub-Award from a Recipient to carry out part of a Federal program, but does not include an individual that is a
beneficiary of such program. A Subrecipient may also be a recipient of other Federal
Awards directly from a Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient.
BB. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 CFR Part 200, commonly known as the “Super Circular, which supersedes
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.
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CC. “Work” means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
DD. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans,
notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models,
surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Grant Issuance Date that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed
and interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth
in this Grant Award Letter.
5. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. Financial obligations of the State payable after the current State Fiscal Year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Grant Issuance Date or after the Grant Expiration Date; provided, however, that Work performed and expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active Federal Award may be submitted for
reimbursement as permitted by the terms of the Federal Award.
B. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as
defined below.
C. Matching Funds
Grantee shall provide the Local Match Amount shown on the first page of this Grant Award Letter and described in Exhibit A (the “Local Match Amount”). Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Grant Award Letter each fiscal
year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting
this Grant Award Letter irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant Award Letter is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s laws or policies.
D. Reimbursement of Grantee Costs
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The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total
amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the Budget, except that Grantee may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Grantee provides notice to the State of the change, the change does not modify
the total maximum amount of this Grant Award Letter or the maximum amount for any
state fiscal year, and the change does not modify any requirements of the Work. The State shall reimburse Grantee for the Federal share of properly documented allowable costs related to the Work after the State’s review and approval thereof, subject to the provisions of this Grant. The State shall only reimburse allowable costs if those costs are: (i)
reasonable and necessary to accomplish the Work and for the Goods and Services provided;
and (ii) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred).
E. Close-Out
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Grant Award Letter and Grantee’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal Award within 1 year and 90 days
after the Grant Expiration Date due to Grantee’s failure to submit required documentation,
then Grantee may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted.
6. REPORTING - NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than
the end of the close out described in §5.E, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s obligations hereunder.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State and the Federal Awarding
Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. In addition, the Grantee shall provide a copy of all records pertaining to the
Grant to the State, to enable the State to comply with the extended retention period of its
grant from the EAC. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee’s office or place of
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business, unless the State determines that an audit or inspection is required without notice at
a different time to protect the interests of the State.
B. Monitoring
The State will monitor Grantee’s performance of its obligations under this Grant Award Letter using procedures as determined by the State. Grantee shall allow the State to perform
all monitoring required by the Uniform Guidance, based on the State’s risk analysis of
Grantee. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. If Grantee enters into a subcontract or subgrant with an entity
that would also be considered a Subrecipient, then the subcontract or subgrant entered into
by Grantee shall contain provisions permitting both Grantee and the State to perform all monitoring of that Subcontractor in accordance with the Uniform Guidance.
C. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee’s records that relates to or affects this Grant or the Work, whether the
audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform a single audit under 2 CFR 200.501, et seq., then Grantee shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government.
8. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publicly available at
the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Grant Award Letter. Grantee shall provide for the security of all State Confidential
Information in accordance with all policies promulgated by the Colorado Office of
Information Security and all applicable laws, rules, policies, publications, and guidelines. If Grantee or any of its Subcontractors will or may receive the following types of data, Grantee or its Subcontractors shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information
and in accordance with the Safeguarding Requirements for Federal Tax Information
attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the federal
Health Insurance Portability and Accountability Act for all PHI and the HIPAA Business
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.
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B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees,
assigns, and Subcontractors sign nondisclosure agreements with provisions at least as
protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to
Grantee’s reasonable security requirements, for purposes of inspecting and monitoring
access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from
returning or destroying State Confidential Information, Grantee warrants it will guarantee
the confidentiality of, and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law
enforcement, as determined by the State. After an Incident, Grantee shall take steps to
reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State.
E. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement,
Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be
a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
9. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall
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
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conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has
arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration.
10. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA.
11. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee
fails to comply with any term or condition of this Grant or any terms of the Federal Award, the State may terminate some or all of this Grant and require Grantee to repay any or all Grant funds to the State in the State’s sole discretion. The State may also terminate this Grant Award Letter at any time if the State has determined, in its sole discretion, that Grantee has ceased performing
the Work without intent to resume performance, prior to the completion of the Work.
12. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as required or permitted by federal regulations related to any Federal Award that provided any of the Grant Funds, disputes concerning the performance of this Grant that cannot be resolved by the designated Party
representatives shall be referred in writing to a senior departmental management staff member
designated by the State and a senior manager or official designated by Grantee for resolution.
13. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §13.
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license,
with the right to sublicense, to make, use, reproduce, distribute, perform, display, create
derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
15. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 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.
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16. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights
and obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this
Grant Award Letter to sections (whether spelled out or using the § symbol), subsections,
exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to
the Work, oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following
receipt of the updated letter. The Parties may also agree to modification of the terms and
conditions of the Grant in a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
G. Severability
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.
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H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party.
I. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties.
J. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Grant
Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege.
K. Compliance with State and Federal Law, Regulations, and Executive Orders
Grantee shall comply with all State and Federal law, regulations, executive orders, State
and Federal Awarding Agency policies, procedures, directives, and reporting requirements at all times during the term of this Grant.
L. Accessibility
Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of
1973, as amended, and §§24-85-101, et seq., C.R.S. Grantee shall comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards and available at https://www.w3.org/TR/WCAG21/.
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Exhibit A CORE #: CT, VAAA, HAVA, 2023-3335 Page 1 of 2
EXHIBIT A, STATEMENT OF WORK
A. Introduction
Counties who acquire the new HP M404dn printer(s) for use with their Dominion ImageCast X (ICX) ballot marking device provide flexibility when using the uniform ballot option. The
uniform ballot functionality removes the QR code from ICX ballots and instead produces an
ICX ballot that looks the same as mail ballots. Use of the uniform ballot requires additional space for ballot content and a potential increase in ballot card size, especially for Federal Elections. Acquisition of the new printer will give counties the option to use ballot cards larger than 14 inches.
B. Grantee Eligibility
Each Colorado County that uses the Dominion Democracy Suite voting system is eligible to receive a grant under the ImageCast X (ICX) Printer Grant Program. CDOS will review county applications, determine the amount of funding for which each county is eligible, and determine the required allocation between the federal Sub-Award and local funds. Counties will be
reimbursed only for the actual and direct costs of purchasing the ICX Printers, including shipping and any associated trusted build costs in accordance with the Budget provided in Exhibit B.
C. Costs Eligible for Reimbursement
CDOS expects the printers to have a useful life of greater than four years based on the useful
lives of printers in the past. As such, there are five Federal Elections and two Coordinated Elections (which equates to 5/7 = 71.43%) in a four-year election cycle. Therefore, CDOS will reimburse the Grantee 71.43% of the costs for printers and their shipping that are used in both coordinated and Federal Elections and 100.00% of the cost for the printers and their shipping that are solely used for Federal Elections.
D. Reimbursement Formula
Grantee will be reimbursed based on the formula and calculated detailed in Exhibit B.
E. Application for Reimbursement
To be eligible for reimbursement under this grant agreement, the grantee must take the
following actions:
1. Grantee must submit a complete, accurate application, including a quote for the printers and all associated costs from their vendor to CDOS not later than September 1, 2025.
2. CDOS will review the application and provide the maximum amount eligible for reimbursement in Exhibit B of this grant agreement.
3. Once this grant agreement has been signed by all parties, CDOS will provide the
grantee with a letter approving the grantee to purchase the equipment.
4. Grantee must incur all eligible expenses prior to the Grant Expiration Date and submit an invoice and also a final accounting of expenditures made to CDOS on a form approved by CDOS not later than November 1, 2025 to be reimbursed under this grant
agreement. All documentation shall be submitted to Jessi.Romero@coloradosos.gov.
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Exhibit A CORE #: CT, VAAA, HAVA, 2023-3335 Page 2 of 2
5. Upon receipt, CDOS shall review the final accounting of expenditures documentation.
If the final accounting sheet reflects the purchases made are reimbursable as defined in this agreement and the total cost does not exceed the maximum amount authorized in Exhibit B of this grant agreement, then CDOS shall reimburse the Grantee by Electronic Funds Transfer (EFT) or warrant.
6. Any costs in excess of the maximum amount provided in Exhibit B of this grant
agreement require modification of this grant agreement before being incurred by the Grantee.
7. Grantee must retain all invoices and receipts documenting all costs associated with this grant until three years from the Close Out of this grant agreement. Invoices and receipts
must be provided to CDOS at any time upon request. In addition, the Grantee shall
provide a copy of all records pertaining to the Grant to the State to enable the State to comply with the extended retention period of its grant from the EAC. Grantee is solely responsible for retaining documentation proving all eligible expenses were incurred. If Grantee cannot provide documentation upon request or a cost is deemed ineligible,
Grantee may be required to return
F. Federal Funds
This grant includes federal funds and is a sub-award as defined in §3 of this Grant Award Letter. Grantee acknowledges and accepts that it is a sub-recipient of CDOS’s grant from the US Elections Assistance Commission. The Grant Number and Catalog of Federal Domestic
Assistance (CFDA) number are provided upon the initial page of this grant agreement
document.
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Exhibit B CORE #: CT, VAAA, HAVA, 2023-3335 Page 1 of 2
EXHIBIT B, BUDGET
This Exhibit B shows the formula for calculating the maximum reimbursement amount for which the Grantee is eligible under this grant agreement.
Table 1 – Grantee County ImageCast X (ICX) Printer Requirements
Item Quantity
Number of ICXs/Printers Used for 2022 General Election 9
Number of ICXs/Printers Used for 2021 Coordinated Election 4
Difference 5
Table 2 – Maximum Grantee Reimbursement Amount Calculation for Printer Costs
Item Quantity Unit Cost Federal Amount (Reimbursement) Local Match Amount Total
ICX Printers – Coordinated and General Elections
4 $575 71.43% = $1,642.89 28.57%1 = $657.11 $2,300
ICX Printers – General Elections Only2 5 $575 100% = $2,875 $2,875
Maximum Amount: Printers $5,175
1 The Federal and Local Amounts are calculated as described in §C of Exhibit A – Statement of Work.
2 By definition, all general elections have one or more federal contests on them. General elections have greater elector participation and therefore require additional equipment. As a result, the additional equipment on this line is used
exclusively for elections with federal contests and is eligible for 100% reimbursement from HAVA funds.
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Exhibit B CORE #: CT, VAAA, HAVA, 2023-3335 Page 2 of 2
Table 3 – Maximum Grantee Reimbursement Amount Calculation for Printer Shipping and Support Costs
Item
Percentage of Printers out of Total Printers
Total Cost of Item Federal Amount (Reimbursement) Local Match Amount Total
Shipping: ICX Printers – Coordinated and General
Elections
44% $405 71.43% = $127.29 28.57% = $50.91 $178.20
Shipping: ICX Printers –
General Elections Only
56% $405 100% = $226.80 $226.80
Support: ICX Printers – Coordinated and General Elections
44% $2,000 71.43% = $628.58 28.57% = $251.42 $880
Support: ICX Printers – General Elections Only 56% $2,000 100% = $1,120 $1,120
Maximum Amount: Shipping and Support $2,405
Table 4 – Summary of Federal Sub-Grant and Local Match Amounts
Item Federal Amount (Reimbursement) Local Match Amount Cumulative Total
ICX Printers $4,517.89 $657.11 $5,175
ICX Printers: Shipping $354.09 $50.91 $405
ICX Printers: Support $1,748.58 $251.42 $2,000
Maximum Amount $6,620.56 $959.44 $7,580
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EXHIBIT C, FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of
these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments
or exhibits incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall control.
1.2. These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth the
terms and conditions of that financial assistance, that a non-Federal Entity receives or administers.
2.1.2. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet’s website may be found at: http://fedgov.dnb.com/webform.
2.1.3. “Entity” means:
2.1.3.1. a Non-Federal Entity;
2.1.3.2. a foreign public entity;
2.1.3.3. a foreign organization;
2.1.3.4. a non-profit organization;
2.1.3.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.3.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.3.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non-Federal entity (or 2 CFR 200.1); or
2.1.3.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.4. “Executive” means an officer, managing partner or any other employee in a management position.
2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR 200.1
2.1.6. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.7. “Grantee” means the party or parties identified as such in the Grant to which these Federal Provisions are attached.
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2.1.8. “Non-Federal Entity means a State, local government, Indian tribe, institution of higher
education, or nonprofit organization that carries out a Federal Award as a Recipient or a Subrecipient.
2.1.9. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the organization.
2.1.10. “OMB” means the Executive Office of the President, Office of Management and
Budget.
2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a Subrecipient to carry out part of a Federal program.
2.1.12. “Prime Recipient” means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Subaward unless the terms and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term does not include
payments to a contractor or payments to an individual that is a beneficiary of a Federal
program.
2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which
the Federal funds were awarded. A Subrecipient is subject to the terms and conditions
of the Federal Award to the Prime Recipient, including program compliance requirements. The term does not include an individual who is a beneficiary of a federal program.
2.1.15. “System for Award Management (SAM)” means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may be
found at http://www.sam.gov.
2.1.16. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the following:
2.1.16.1. 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;
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2.1.16.3. Earnings for services under non-equity incentive plans, not including
group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees;
2.1.16.4. Change in present value of defined benefit and actuarial pension plans;
2.1.16.5. Above-market earnings on deferred compensation which is not tax-
qualified;
2.1.16.6. Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the
Executive exceeds $10,000.
2.1.17. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.18. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise.
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and
all applicable Federal Laws and regulations required by this Federal Award. Any revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado, at its discretion, may provide written notification to Grantee of such revisions,
but such notice shall not be a condition precedent to the effectiveness of such revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING SYSTEM (DUNS) REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually
after the initial registration, and more frequently if required by changes in its information.
4.2. DUNS. Grantee shall provide its DUNS number to its Prime Recipient, and shall update Grantee’s information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Grantee’s information.
5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and
5.1.2. In the preceding fiscal year, Grantee received:
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5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts
and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
6. REPORTING.
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct payment shall be made to Grantee for providing any reports required under these Federal Provisions and the cost of producing such reports shall be included in the Grant
price. The reporting requirements in this Exhibit are based on guidance from the OMB, and
as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Grant and shall become part of Grantee’s obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently de-obligated such that the total award amount
falls below $30,000, the Award shall continue to be subject to the reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. If Grantee is a Subrecipient, Grantee shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number (FAIN) assigned by a Federal agency to a Prime Recipient no later than the end of the month following the month in which the Subaward was made:
8.1.1.1. Subrecipient DUNS Number;
8.1.1.2. Subrecipient DUNS Number if more than one electronic funds transfer (EFT) account;
8.1.1.3. Subrecipient parent’s organization DUNS Number;
8.1.1.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip +
4, and Congressional District;
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8.1.1.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4
above are met; and
8.1.1.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives if the criteria in §4 above met.
8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the
effective date of the Grant, the following data elements:
8.1.2.1. Subrecipient’s DUNS Number as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent
consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be
included in all subawards including all contracts and purchase orders for work or products
under this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision of the State, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to
Subrecipient’s records and financial statements as necessary for Recipient to meet the
requirements of 2 CFR 200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
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11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s
fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordance with 2 CFR 200.507 (Program-specific audits). The Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and
development) and the Federal program’s statutes, regulations, or the terms and
conditions of the Federal award do not require a financial statement audit of Prime Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program-specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its
fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial
statements) and provide the auditor with access to personnel, accounts, books, records,
supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Subpart F-Audit Requirements.
12. GRANT PROVISIONS FOR SUBRECEPIENT CONTRACTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction contracts.] Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3
shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment
Opportunity,” and implementing regulations at 41 CFR part 60, Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.
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).
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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.
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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.
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EXHIBIT D, COUNTY GRANT APPLICATION
The county’s grant application as submitted to the Department of State appears on the following pages.
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DocuSign Envelope ID: 98692735-E9A3-4873-B4EF-2755F269B9E5