HomeMy WebLinkAboutAgreement A-24-054 with State of California.pdf DocuSign Envelope ID:3EE257D1-E40E-46A7-9D81-5BFC3350F9DE D: 0890-23G26110
Agreement No. 24-054
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev,04/2020) 23G26110 SOS-0890
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Secretary of State
CONTRACTOR NAME
Fresno County
2.The term of this Agreement is:
START DATE
January 1,2024 or upon approval by Dept.of General Services,if required,whichever is later
THROUGH END DATE
June 30,2025
3.The maximum amount of this Agreement is:
$60,607.76;Sixty Thousand Six Hundred Seven Dollars and Seventy Six Cents
4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement.
Exhibits Title Pages
Exhibit A Scope of Work 4
Exhibit B Budget Detail and Payment Provisions 4
GTC
Exhibit C* General Terms and Conditions 04/2017
Exhibit D Special Terms and Conditions(Attached hereto as part of this Agreement) 3
Exhibit E Additional Provisions 3
Exhibit F Resolution
Exhibit G HAVA Activity Report 1
Items s own with an asteris *,are hereby incorporated by reference and mode part of this agreement as if attached ereto.
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BYTHE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
Fresno County
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
2281 Tulare St, Room 301, Fresno CA 93724 Fresno CA 93721
PRINTED NAME OF PERSON SIGNING TITLE Chai rman of the Board of
Nathan Magsig Supervisors of the County of Fresno
CONTRACTOR AUTHORIZED SIGN ti�:- DATE SIGNED
January 23, 2024
ATTEST:
For Accounting use Only: BERNICE E.SEIDEL
Fund: 0001 Clerk of the Board of Supervisors
Subcl ass:10000 County of Fresno,State of California
Org: 28SO0500
Account: 3575 By U1M- Deputy
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DocuSign Envelope ID:3DD02B35-545A-4EE0-81A4-DFE32B3A051B D: 0890-23G26110
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if Applicable)
STD 213(Rev.04/2020) 23G26110 SOS-0890
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Secretary of State
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
1500 11th Street Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Shannon Kauffman Bus. Ops Bureau Chief
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
DocuSigned by:
1/29/2024
13INPAW4MRTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
APPROVED
FEB 212024
RZ:CH:vkh
OFFICE OF LEGAL SERVICES
DEPT.OF GENERAL SERVICES
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EXHIBIT A
SCOPE OF WORK
A. NAME OF PROGRAM
This program shall be known as "HAVA Polling Place Accessibility Training Program."
B. PURPOSE OF AGREEMENT
The purpose of this Agreement is to provide the County of Fresno ("County") with federal
reimbursement funds ("HAVA funds"), CFDA Number 90.404, administered by the U. S.
Elections Administration Commission (EAC) to comply with the requirements of HAVA
Section 101 for the "improvement of the administration of elections", subject to the
provisions of this Agreement and all requirements of state and federal law, regulations and
procedures. The provisions of this Agreement are to be interpreted to further this purpose.
C. PROJECT CONTACTS
The program representatives during the term of Agreement will be:
For County: James Kus (559) 600-8683
For State: Antwanette Wiley (916) 695-1657
D. USE OF FUNDS
1. General Uses
HAVA funds received pursuant to this contract shall be used for reimbursement for
costs reasonably incurred, provided that the County has at least one County
employee or agent attend one of the regional training sessions sponsored by the
Secretary of State, any funds received pursuant to this program shall be used by
County only for one or more of the following purposes, except as otherwise provided
below:
1) Reimbursement for travel expenses incurred after July 1, 2023, for staff to attend
one of the Secretary of State training.
2) Reimbursement for staff salaries and benefits incurred after July 1, 2023, for
accessibility surveys of polling places or for training staff to survey polling places.
3) Reimbursement for other expenses as provided below incurred after July 1, 2023, to
make polling places, including the path of travel, entrances, exits, and voting
areas of each polling facility, accessible to individuals with the full range of
disabilities that enhance access and participation of individuals with the full range
of disabilities in elections for Federal and State office, and to provide the same
opportunity for access and participation (including privacy and independence) to
individuals with the full range of disabilities as for other voters. For these purposes,
items included on the following lists are presumed to be reimbursable, provided
that their intended use is consistent with the General Uses set forth above. The
county may perform activities identified as approved for reimbursement, or may
contract for the performance of the activities. The Secretary of State shall be the
sole determiner of whether an expenditure is consistent with the General Uses as
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set forth above. The Secretary of State will reimburse for the following items or
activities, including taxes on purchased goods:
4) Reimbursement for costs incurred after July 1, 2023 associated with the acquisition
or deployment of remote accessible vote by mail system,which allows a voter with
a disability to receive a blank ballot to mark electronically, print, and then cast by
returning the printed ballot to the elections office.
5) Reimbursement for funds expended after July 1, 2023, assessment supplies or
equipment and supplies as needed, including any of the items listed below:
a. Assessing Accessibility
1) Tools to measure slope;
2) Tools to measure width, turning area, etc;
3) Calculators;
4) Survey kits;
5) Clipboards;
6) Tape measures;
7) Polling Place Inspectors/Surveyors;
8) Cameras;
9) Door pressure gauges;
10) Tablets used for conducting surveys'.
b. Equipment and Activities to Improve Physical Accessibility
1) New accessible voting booths;
2) Retrofitting voting booths;
3) Tools or equipment to modify voting booths;
4) Retrofitting polling places for public buildings only, which must be a
regularly used polling place;
5) Adapter"kits"or other materials to make a voting station accessible;
6) Signage (parking, directional, entrance, etc.);
7) Accessible tables;
8) Chairs (for seated voting);
9) Supports for accessibility signage;
10) Devices/Systems to alert poll workers that a voter is at the curb, door, or
otherwise needs assistance;
1 1) Doorstops;
12) Lighting;
13) Low-vision pens;
14) Magnifying devices;
15) Mats or other materials to make the path of travel accessible;
16) Pen grips;
17) Temporary ramps (if wheel guides are not included, wheel guides may be
purchased separately);
18) Temporary handrails;
19) Permanent handrails;
20) Threshold covers or mats;
21) Traffic cones or other materials to make parking temporarily accessible for
voting;
1 If the county proposes to use funds for this purpose,pre-approval by the Secretary of State is required. Further,
county must adhere to requirements set forth in Exhibit E—Additional Provisions.
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22) Wedges;
23) Equipment for CD/DVD duplication;
24) Accessibility web site development costs;
25) Improving accessibility of web site.
c.Training Materials and Programs
1) Development, production, translation, and transcription into Braille of
manuals, programs, posters, brochures, and other printed materials for
training of poll workers or polling place inspectors;
2) Development, production, translation of video/DVD training materials;
3) Equipment necessary to use videos/DVDs in training of poll workers or
polling place inspectors;
4) Stipends to compensate a trainer to train county poll worker trainers on
issues specific to accessibility;
5) Poll worker training that is specific to accessibility and in addition to pre-
existing training, or a modification/improvement of pre-existing training;
6) Disability or accessibility experts to make presentations at poll worker
trainings.
d. Educational and Informational Materials
1) Development, production, translation, and transcription into Braille or into
audio or CD/DVD format, of printed materials to educate or inform voters
concerning polling place and voting accessibility;
2) Public advertising of information on accessibility of polling places and
voting;
3) Mailers to disseminate information on services for persons with disabilities;
4) Translation of existing materials related to accessibility into required
languages;
5) Reformatting and re-printing materials into"large-type";
6) Readability analysis to simplify informational or instructional materials;
7) Development of accessibility materials for county web site, or construction
of a county web site for the purpose of providing information to the public
on accessibility, if one does not already exist or making a current site
accessible.
e. Remote Accessible Vote-by-Mail System (RAVBM)
1) Reimbursement for costs associated with the acquisition or deployment of a
certified remote accessible vote by mail system, which allows a voter with a
disability to download, mark electronically, print, and then cast their voted
selections by returning the printed paper cast vote record to the elections
office.
Items Presumed to not be reimbursable:
The following is a partial list of items presumed to not be reimbursable and not inclusive
of all items that are not reimbursable. The list is provided only for the purpose of
providing guidance. The Secretary of State shall be the sale determiner of whether or
not an expenditure is reimbursable.
1) Administrative costs;
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2) Batteries;
3) Blackberries/Smartphones (hand held computers);
4) Braille business cards;
5) Cable TV;
6) Cassette players;
7) Cassette tapes (except those used for voter education);
8) Catering;
9) Computers;
10) Other office equipment, including but not limited to fax machines and copiers,
unless prior approval has been obtained from the granting agency;
1 1) Office supplies, including but not limited to paper, pens and post-it notes;
12) Concrete paving for parking lots and spaces;
13) Concrete ramps;
14) DREs/other voting equipment (can be purchased with other HAVA funds);
15) Emergency exit signs;
16) Facility rental;
17) Permanent modifications or improvements to private or non-governmental
structures, including, but not limited to private residences and places of
worship;
18) Food;
19) Gas (except travel reimbursements2);
20) Gift bags, pins, buttons, shirts or other promotional items for poll workers, voters
or County staff;
21) Invitations;
22) Laptops;
23) Tablet computers unless prior approval as a survey tool has been obtained
from the granting agency;
23) Light bulbs;
24) Modifications to mobile voter education vehicle, unless that vehicle is used as a
polling place;
25) Parking fees (except travel reimbursements for purposes listed in footnote 2)
26) Parking lot improvements;
27) Photographers;
28) Scanners;
29) Staff salaries of County employees not conducting one of the activities
allowable;
30) Trailers;
31) Transportation to polling site;
32) Vehicles-purchase, rental, or operating expenses (except rental vehicles used
for purposes listed in footnote 2)
If you have any questions about this polling place accessibility training grant, please
reach us at (916) 695-1657 or HAVAlnvoices@sos.ca.gov.
z Travel reimbursements for:election officials performing accessibility assessments;consultants advising election
officials on accessibility issues,poll worker training,or voter education;or trainers conducting poll worker training,
voter education,or outreach activities.
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EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoicing and Payment
A. For services satisfactorily rendered, and upon receipt and approval of the invoices
submitted with supporting documentation, the State agrees to compensate the
Contractor for actual expenditures incurred and not to exceed the total amount on the
contract.
B. Invoices shall include the Agreement Number and shall be submitted not more frequently
than monthly in arrears:
Preferred Method in electronic format (PDF) via email to AccountsPayable@sos.ca.gov.
Hard copies, though not required, may be sent to:
Office of Secretary of State
Attention: Accounts Payable
P.O. Box 944260
Sacramento, CA 94244-2600
2. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act, or a HAVA Spending Plan or Spending Plan
amendment, of the current year and/or subsequent years covered under this Agreement
does not appropriate sufficient funds for the program, this Agreement shall be of no further
force and effect. In this event, the State shall have no liability to pay any funds
whatsoever to Contractor or to furnish any other considerations under this Agreement and
Contractor shall not be obligated to perform any provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act, or by a HAVA
Spending Plan or Spending Plan amendment, for purposes of this program, the State shall
have the option to either cancel the Agreement with no liability occurring to the State, or
offer an agreement amendment to Contractor to reflect the reduced amount.
3. Federal Funds
A. It is mutually understood between the parties that this contract may have been written for
the mutual benefit of both parties before ascertaining the availability of congressional
appropriation of funds, to avoid program and fiscal delays that would occur if the
contract were executed after that determination was made.
B. This contract is valid and enforceable only if the United State Government for fiscal year
2022-23 for the purpose of this program makes sufficient funds available to the state. In
addition, this contract is subject to any additional restrictions, limitations, or conditions
enacted by the Congress or to any statute enacted by the Congress that may affect the
provisions, terms, or funding of this contract in any manner.
C. The parties mutually agree that if the Congress does not appropriate sufficient funds for
the program, this contract shall be amended to reflect any reduction in funds.
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D. The department has the option to invalidate the contract under the 30-day cancellation
clause or to amend the contract to reflect any reduction in funds.
4. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in Government
Code Chapter 4.5, commencing with Section 927.
5. Maximum Amount of HAVA Funds to be Provided to County Under this Program
County shall not receive, pursuant to Agreement, more than $60,607.76.
6. Failure to Properly Claim Maximum Amount of HAVA Funds
Notwithstanding any provision of Agreement, County shall be entitled to receive only
those amounts for fully supported and appropriate claims which are properly submitted,
pursuant to the provisions of Agreement and all applicable state and federal laws,
regulations, and procedures.
7. Basis of Claims
Subject to the provisions related to the applicability of 2 CFR 200, all claims for HAVA funds
under this program must be based on invoices submitted by County. All invoices or
agreements that are the subject of any claims must relate directly to expenditures
authorized pursuant to Paragraph D ('Uses of Funds') of Exhibit A `Scope of Work'.
8. Processing of Claims
The Secretary of State shall establish the criteria and processes for submitting claims under
this program. Such criteria shall include requirements that all claims:
(1) Contain a face sheet that summarizes each expenditure made by the
categories set forth in Paragraph D of Exhibit A 'Scope of Work';
(2) Include the total amount of the claim;
(3) Include the agreement number on the face sheet;
(4) Identify whether additional claims are expected to be submitted;
(5) Include the hourly charge of any contractor for which a claim is made
for their time;
(6) Include the hourly wage or monthly salary of any employee for which
a claim is made for their salaries;
(7) Include signed Contractor HAVA Activity Reports, please see sample
which is Exhibit G, for each employee and contractor's employee for
whom reimbursement for time is being claimed. (Vendors who receive
payment from HAVA funds are required to submit timesheets for any
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work paid for as time and materials); Requests for reimbursement for
personnel costs, whether regular county employees or temporary staff,
should be backed up with HAVA timesheets. However, sensitive
personal identifying information (PII) should not be included. If the
County uses a computer-based payroll system that is coded to reflect
time spent on HAVA and non-HAVA projects, the County does not
need to submit time sheets. However, for any request for
reimbursement for personnel services, the County must submit a
summary that shows the type of staff, numbers of positions claimed
and time spent on each type of HAVA-related project, along with the
costs of payroll and benefits for those hours. The County must also
verify that coded electronic payroll records are kept on file and are
available for Secretary of State questions and audit purposes, and
(8) Include a copy of the contract with the contractor if the contractor's
invoice does not describe the activities undertaken in such a manner
that the State can determine whether the activities comply with the
provisions of this Agreement.
9. Application of 2CFR 225
2CFR-Part 225 ("Cost Principles for State, Local and Indian Tribal Governments"),
incorporated herein by reference, to the extent applicable, shall govern with respect to all
aspects of this program. The provisions of 2 CFR - Part 225. may be found at
https://www.whitehouse.gov/wp-
content/uploads/legacy drupal files/omb/federal register/FR2005/083105 a87.10df.
10. Payments of Claims
Payments made by the State with respect to any claim shall be sent directly by the State
Controller's office to the County.
11. Deadline for Submitting Claims
The deadline for submitting any claim under this program is June 30, 2025.
12. Multiple Claims
County can submit multiple claims for HAVA funds authorized above, within the
aggregate limit established for County.
13. Documentation to be Submitted
Each claim shall include a cover page that identifies the activity or service in Exhibit A and
the dollar amount associated with each activity or service for which funds are being
sought. Each claim shall also include originals or true copies of all invoices, agreements, or
other documentation that support the claim, including all documentation required by
Office of Management and Budget, 2CFR - Part 225.The provisions of 2 CFR- Part 225 and
2CFR 200 may be found at httr)s://www.whitehouse.gov/wr)-
content/uploads/2022/05/2022-Compliance-Supplement PDF Rev 05.11.22.pdf
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14. Order of Processincl
Claims shall be processed by the Secretary of State in order of receipt.
15. Work Outside of The Scope of Work
Contractors are not permitted to perform work, or be paid for work, outside the
documented scope of work. Changes to the scope of work must be approved before
work is undertaken, and payment is made for any activities outside of the scope of work.
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
PLEASE NOTE:This page will not be included with the final agreement. The General Terms and
Conditions will be included in the agreement by reference to Internet site:
httl2s://www.das.ca.aov/PD/Resources/Page-Content/Procurement-Division-Resources-List-
Folder/Required-Lanauaae-for-Solicitations-and-Contracts
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EXHIBIT D
SPECIAL TERMS AND CONDITIONS
A. AUDITING
1. Receipt of HAVA funds by a county indicates agreement to establish a dedicated
HAVA account for these funds. Therefore, any payment received by County pursuant
to this program shall be deposited in a separate, segregated account and any
payment made by County related to this program shall be paid from that account
whether or not the County has paid the vendors for services rendered before
submitting invoices to the State.
2. Any recipient of federal funds to meet the Help America Vote Act requirements agrees
to be audited pursuant to federal and state law. Accordingly, all documents and
electronic files must be produced upon request by the auditors. CFDA Number for this
contract is 90.404. The audit may include a review of all books, papers, accounts,
documents, or other records of County as they relate to any HAVA funds. County shall
also provide access to all employees having knowledge of the HAVA funds program
to assist the auditor. County shall provide a copy of any document, paper, or
electronic record requested by the auditor;
3. OMB Circular A-133 ("Audits of States, Local Governments, and Non-Profit
Organizations"), and OMB Circular A-87, incorporated herein by reference, shall
govern with respect to all aspects of this program. The provisions of these circulars
may be found at http://www.whitehouse.clov/omb/circulars;
4. County shall maintain records in a manner that:
a. Accurately reflects fiscal transactions with necessary controls and safeguards;
b. Provides complete audit trails, based whenever possible on original documents
(purchase orders, receipts, progress payments, invoices, timesheets, cancelled
warrants,warrant numbers, etc.);
c. Provides accounting data so the costs can readily be determined throughout
Agreement period.
5. Records shall be maintained for three years after expiration of Agreement and for at
least one year following any audit or final disposition of any disputed audit finding;
6. If the final disposition of any disputed audit finding is determined to be a disallowed
cost that the Secretary of State has paid the County, the County shall return to the
Secretary of State an amount equal to the disallowance.
7. County shall permit periodic site visits by the Secretary of State or the Secretary of
State's designee or designees to determine if any HAVA funds are being used or have
been used in compliance with Agreement and all applicable laws;
8. Upon request, county shall report to the Secretary of State at least once every 90
(ninety) days until all funds received have been expended, on the status of HAVA
funds received, in a manner determined by the Secretary of State.
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B. GENERAL PROVISIONS
1. The program is conditioned on State receiving reimbursement from the federal
government pursuant to HAVA, for federal fiscal year 2023.
2. HAVA funds can only be used for the purposes for which the HAVA funds are made;
3. No portion of any HAVA funds shall be used for partisan political purposes. All
contractors providing services are required to sign an agreement, please see Exhibit E
Item 1, to abide by the Secretary of States' policy to refrain from engaging in political
activities that call into question the impartiality of the Secretary of State's Office.
County is to submit agreement signed by each employee of contractor's firm who
worked for County pursuant to this Agreement with the County's first invoice.
4. The provisions of the federal Hatch Act shall apply to employees working for state and
local entities receiving HAVA funds. The Hatch Act may be reviewed at
httl2s://osc.aov/Documents/Outreach%20and%20Training/Handouts/A%20Guide%20to
%20the%20Hatch%20Act%20for%20 Fed era l%20Employees.pdf;
5. Any interest earned by County on money received pursuant to this Agreement must
be reported in writing to the Secretary of State within 30 days of expiration of this
Agreement. All interest must be used by the County for the purposes of implementing
activities allowable under this Agreement;
6. Failure by any eligible County to execute a contract within 90 days of the date on
which this contract is made available shall constitute an express desire to forego its use
of the County's proportionate share of these funds, which may result in reallocation of
that County's proportionate share of funds to other counties for the purposes provided
under this contract.
7. Funds not claimed by County within 90 days of the end date of this contract, or any
funds claimed by a county that are not approved for county use by the Secretary of
State within 180 days of the end date of this contract, shall be reallocated to the
Counties based on need and may only be used to meet Section 251 of HAVA;
8. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of
this program, the State shall have the option to either cancel Agreement with no
liability occurring to the State, or offer an Agreement amendment to County to reflect
any reduced amount;
9. Agreement is subject to any restrictions, limitations or conditions enacted or
promulgated by the United States Government, or any agency thereof, that may
affect the provisions, terms or funding of Agreement in any manner;
10. Pursuant to federal policy, Agreement may be terminated by the State with 30-day
written notice to County;
11. County warrants by execution of Agreement, that no person or selling agency has
been employed or retained to solicit or secure this contract upon agreement or
understanding for a commission, percentage, brokerage, or contingent fee, excepting
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bona fide employees or bona fide established commercial or selling agencies
maintained by County for the purpose of securing business. For breach or violation of
this warranty, the State shall, in addition to other remedies provided by law, have the
right to annul this contract without liability, paying only for the value of the work
actually performed, or otherwise recover the full amount of such commission,
percentage, brokerage, or contingent fee;
12. Nothing contained in Agreement or otherwise, shall create any contractual relation
between the State and any subcontractor or vendor, and no subcontractor shall
relieve County of its responsibilities and obligations hereunder. County agrees to be as
fully responsible to State for the acts and omissions of its subcontractors and of persons
either directly or indirectly employed by any of them as it is for the acts and omissions
of persons directly employed by County. County's obligation to pay its subcontractors
is an independent obligation from the State's obligation to make payments to County.
As a result, State shall have no obligation to pay or to enforce the payment of any
moneys to any subcontractor or vendor of County;
13. Pursuant to federal law, by signing this agreement or execution of this purchase order
the Contractor certifies under the penalty of perjury that the contracting entity is not
excluded or ineligible from federal assistance programs and thereby is not on the
federal government's list of suspended or debarred entities.
Pursuant to federal law, as a component of the procurement process, the Contractor
must review the federal government's list of debarred and suspended vendors and
ensure no contract award is provided to a vendor on this list. This list may be viewed at
https://sam.aov/content/home
14. Upon request, county agrees to provide the Secretary of State with a summary report
on its activities under this agreement following each election for which funds are
expended that includes: the method used to determine the need for funding an
eligible activity, including the reliance on an advisory committee or advisory groups,
surveys or any other methodology used to assess the need for the eligible activity; the
activity performed and funded; the amount of funding expended; the category or
categories of need being met; and any performance metric or assessment of the
quality of the activity, including unsolicited public comment, advisory committee or
advisory group comment, public comment solicited through surveys and on-site
assessments conducted by the County, its agents or others.
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EXHIBIT E
ADDITIONAL PROVISIONS
1. Secretary of State Policy Regarding Political Activity in the Workplace
SECRETARY OF STATE POLICY REGARDING POLITICAL ACTIVITY IN THE WORKPLACE
The Secretary of State is the state's chief elections officer. It is, therefore, imperative that staff in
the Secretary of State's Office, and those who contract with the Secretary of State's Office,
refrain from engaging in any political activity that might call into question the office's impartiality
with respect to handling election issues. Accordingly, the policy of the Secretary of State's
Office with respect to political activity in the workplace, a copy of which will be given to every
employee in the Secretary of State's office and incorporated as an attachment to contracts
with the Secretary of State's Office, is as follows:
a. No employee of or contractor with the Secretary of State's Office shall engage in political
campaign-related activities on state-compensated or federal-compensated time, except as
required by official duties, such as answering inquiries from the public. In those cases where
the contractor with the Secretary of State's Office is a county, the term "contractor" shall
apply only to county elections office employees, county employees redirected to work
temporarily for the county elections office, or any person, firm, company or business that
provides reimbursable election-related services to a county elections office in furtherance of
a contract. This prohibition shall not apply while an employee is on approved vacation or
approved annual leave. This prohibition shall not apply to activities engaged in during the
personal time of an employee.
b. No employee of or contractor with the Secretary of State's Office shall use any state
property in connection with political campaign activities. It is strictly prohibited to schedule
political campaign-related meetings or to conduct political campaign-related meetings in
state office space, even if after normal working hours.
c. No employee of or contractor with the Secretary of State's Office shall use his or her official
status with the Secretary of State's Office to influence political campaign-related activities or
to confer support for or indicate opposition to a candidate or measure at any level of
government.
d. No employee of or contractor with the Secretary of State's Office may be involved with
political campaign-related telephone calls, letters, meetings or other political campaign-
related activities on state-compensated or federal-compensated time. Requests by
employees to switch to alternative work schedules, such as 4-10-40 or 9-8-80 work weeks, or
to take vacation in order to accommodate political campaign-related activities or to attend
political campaign functions,will be judged in the same manner and on the same basis as
any other requests of this nature (i.e., existing needs of the office and discretion of the
division chiefs).
e. The receipt or delivery of political campaign contributions or photocopies thereof on state
property is strictly prohibited, as is the use of office time or state resources (e.g., intra-office
mail or fax machines) to solicit or transmit political campaign contributions.
f. No employee of or contractor with the Secretary of State's Office may authorize any person
to use his or her affiliation with the Secretary of State's Office in an attempt to suggest that
the employee's or contractor's support or opposition to a nomination or an election for
office or a ballot measure is of an "official," as distinguished from private, character.
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g. No employee of or contractor with the Secretary of State's Office may display political
campaign-related buttons, posters, or similar materials in areas visible to individuals who are
in public areas of the Secretary of State's Office; nor may an employee of or contractor with
the Secretary of State's Office display political campaign-related posters or other materials
on windows facing out of the state office building. No employee of or contractor with the
Secretary of State's Office may use official authority or influence for the purpose of
interfering with or attempting to affect the results of an election or a nomination for any
public office.
h. No employee of or contractor with the Secretary of State's Office may directly or indirectly
coerce or solicit contributions from subordinates in support of or in opposition to an election
or nomination for office or a ballot measure.
i. An employee who is paid either partially or fully with federal funds, including the Help
America Vote Act of 2002 (HAVA), is subject to the provisions of the federal Hatch Act, and
is, therefore, prohibited from being a candidate for public office in a partisan election, as
defined in the federal Hatch Act. However, any employee who is to be paid either partially
or fully with funds pursuant to HAVA, shall first be consulted about the proposed funding and
be informed about the prohibitions of the federal Hatch Act. The employee,whenever
possible, shall be given the opportunity to engage in employment that does not involve
HAVA funding.
j. Provisions limiting participation in political campaign-related activities as provided for in this
policy statement shall be included in every contract with the Secretary of State's Office.
2. Tablet Criteria
a. The software and device must be capable of accurately recording all data necessary to
assess polling place accessibility (i.e., all portions of the statewide guidelines and checklist
used for surveying for polling place accessibility).
b. The software and device must be capable of transferring all data collected during polling
place surveys to a medium where results can be aggregated for purposes of comparing
potential polling places, and for purposes of analyzing data at the site level and
countywide.
c. The devices used for housing software to capture data must be used only for the purposes
of assessing polling place accessibility with exclusive use safeguarded by appropriate
inventory policies and controls.
d. Polling place specific (site-level) survey results and aggregate survey results must be publicly
available upon request.
e. A report on the program must be produced prior to reimbursement approval that provides
certain information, including:
1. A description of the program.
2. Cost of the program, including staff training costs and any costs for data storage
(e.g., EMS modification)
3. Amount of vendor support needed for the program's launch and the amount of
ongoing support, if any
4. Increased productivity of the program, if any, measured by staff time, ease of data
recall and analysis, and other relevant factors
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5. Amount of additional ongoing support, if any, necessary to sustain the program
(e.g., software licensing costs; upgrade costs; continued vendor support; device
maintenance, etc.)
3. Executive Order N-6-22-Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding
Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers
to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as
any sanctions imposed under state law. The EO directs state agencies to terminate contracts with,
and to refrain from entering any new contracts with, individuals or entities that are determined to be
a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of
Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities,
that shall be grounds for termination of this agreement.The State shall provide Contractor advance
written notice of such termination, allowing Contractor at least 30 calendar days to provide a
written response. Termination shall be at the sole discretion of the State
If you have questions concerning these restrictions, please refer them to the Secretary of State Office
contact person listed on the contract in Exhibit A.
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EXHIBIT G
STATE OF CALIFORNIA-SECRETARY OF STATE
CONTRACTOR HAVA ACTIVITY REPORT
NAME COMPANY NAME Month/Year HAVA Coordinator's Approval
Contract Number: Location(Sacto/LA)
HAVA ACTIVITY HOURS PROGRAM TIME REPORTING
31 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 DELIVERABLE NAME ORG HOURS
(Taken from proposal and contract)
0.0
2 0.0
3 0.0
4 0.0
5 0.0
6 I 0.0
7 0.0
3 0.0
9 0.0
10 0.0
11 0.0
12 0.0
13 0.0
4 I I I I I 0.0
1s 0.0
16 0.0
17 0.0
18 0.0
19 0.0
20 0.0
21 0.0
22 I 0.0
23 0.0
MONTHLY
24 TOTAL 0.0
SIGNATURE OFCONTRACTOR DATE