Agenda 10/11/2016 Item #16J1 16.J.1
10/11/2016
EXECUTIVE SUMMARY
Recommendation to approve an agreement authorizing the Collier County Supervisor of
Elections to accept federal election activities funds with a 15% matching contribution and
to authorize the Board of Collier County Commissioner's Chair to sign the Certificate
Regarding Matching Funds and Certificate of Equipment for Casting and Counting
Ballots.
OBJECTIVE: To obtain authorization to accept funds from the Department of State, Division of
Elections, for additional federal election activities beyond the Supervisor of Elections' current programs,
for the Board to have its Chair sign the Certificate Regarding Matching Funds and Certificate of
Equipment for Casting and County Ballots (see Attachment "D" and "F," respectively, to Memorandum
of Agreement), and to authorize any necessary budget amendments to receive and expend those funds, as
well as any interest earned.
CONSIDERATIONS: The 2016 Legislature appropriated $3,000,000 specifically for federal election
activities. Those funds are being distributed to the State's Supervisors of Elections based on the number
of active registered voters as of the 2016 Presidential Preference Primary Election, as certified by the
Department of State. Collier County's share of those funds is$46,974.45,(see Attachment"C"to MOA).
In order to receive the $46,974.45,the Chair of the Board of County Commissioners must certify that the
county will provide a 15% ($7,046.17) matching contribution. This matching contribution was included
in the Supervisor of Elections 2016/2017 budget. In addition, per the Certificate of Equipment for
Casting and Counting Ballots (see Attachment "F" to MOA), the Florida Department of State requires
that each county certify that prior to the receipt and use of FYI6/17 HAVA funds that said county has
purchased and made available sufficient equipment for casting and counting ballots to meet the needs of
the county electors for the next regularly scheduled General Election.
FISCAL IMPACT: The County will incur a fiscal impact of$7,046.17, which constitutes the required
matching contribution necessary for the Collier County Supervisor of Elections to receive the $46,974.45
from the Division of Elections. Anticipated interest is also being budgeted in the amount of $100.00.
The funds received will be appropriated in the Supervisor of Elections budget with definitive project
tracking.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.-SRT
GROWTH MANAGEMENT INPACT: None
RECOMMENDATION: That the Collier County Board of County Commissioners authorizes the
Collier County Supervisor of Elections to approve an agreement providing for the receipt of federal
election activities funds with a 15% matching contribution from the County, to authorize any necessary
budget amendments to receive and expend those funds, as well as any interest earned, and that the
Board's Chair sign the Certificate Regarding Matching Funds and Certificate of Equipment for Casting
and County Ballots.
Submitted by: Jennifer J.Edwards, Supervisor of Elections
ATTACHMENT(S)
1.HAVA Funds Agreement (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.J.1
Item Summary: SOE Matching Funds
Meeting Date: 10/11/2016
Prepared by:
Title: Executive Secretary to County Manager—County Manager's Office
Name: MaryJo Brock
09/28/2016 9:39 AM
Submitted by:
Title: County Manager—County Manager's Office
Name: Leo E. Ochs
09/28/2016 9:39 AM
Approved By:
Review:
County Attorneys Office Scott Teach Level 2 Attorney Review Completed 09/29/2016 10:56 AM
Grants Joshua Thomas Level 2 Grants Review Completed 09/30/2016 3:53 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/30/2016 5:09 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/03/2016 9:30 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 10/04/2016 9:13 AM
Grants Therese Stanley Additional Reviewer Completed 10/04/2016 10:36 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 10/04/2016 10:58 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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RECEIPT AND USE OF NAVA FUNDS
FOR FEDERAL ELECTION ADMINISTRATION ACTIVITIES
This agreement is between the State of Florida, Department of State, Division of Elections
("Department"), R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250
and The Honorable Jennifer J. Edwards , Supervisor of Elections
("Supervisor"), on behalf of Collier County, 3750 Enterprise Ave.
Naples, FL 34112 , This agreement is effective as of the date fully executed by the parties,
I. GOVERNING LAW
Funds provided under this agreement are made available by the Department as a pass-through v'a
entity. The U.S. Elections Assistance Commission originally awarded these funds in fiscal year
2003-2004, pursuant to section 251 of the Help America Vote Act of 2002 (HAVA) and the f a,
Catalog of Federal Domestic Assistance (CFDA) 90.401 ("Help America Vote Act Requirements
Payments") to improve the administration of federal elections. Through specific appropriation 2
3064 of the 2016-2017 General Appropriations Act (see Section 6, Chapter 2016-66, Laws of g
Florida) the Department is authorized to disburse up to $3,000,000 from the Federal Grants
Trust Fund (HAVA Account# 261011) to the county supervisors of elections for the fiscal year vii
2016-2017 ("FY 2016-2017 funds"). Because the State of Florida on August 28, 2006, certified
that Subchapter Ill requirements of HAVA have been met, the funds can be used to carry out o
other activities to improve the administration of federal elections,pursuant to section 251(b)(2)
of HAVA.
Specific Appropriation 3064 proviso language authorizing the use of funds is attached hereto as ani
Attachment A.
Q
H. SCOPE OF USE AND RESTRICTIONS
A. Scope of Work. The Supervisor shall only use the FY 2016-2017 funds for programs to
improve the administration of federal elections,in one or more of the following categories:
• Voter Education
•• Poll Worker Training
• Standardizing Election Results Reporting
• Other Federal Election Administration Activities, as approved in advance by the
Department of State,
B. Deliverable.
Payment 1, Deliverable/Task 1:
• Payment will be an advance payment in a fixed amount up to the amount identified for
the Supervisor's county in Attachment C. The advance fixed amount will be the amount
requested by the Supervisor in the Federal Election Activities Plan submitted to and
approved by the Department prior to the payment being made. Any expenditures from
the advance payment must be made pursuant to the budget set out in the Federal
Election Activities Plan to accomplish the program or activity described in detail therein,
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Any amendments to the Plan must be approved by the Department,and no
expenditures or obligations may be incurred regarding an amendment until approved by
the Department.
C. Length of Agreement. This agreement shall begin on the date the Supervisor and the
Department sign the agreement and continue until all grant funds distributed pursuant to
this agreement have been expended or the Supervisor chooses to revert remaining
distributed HAVA funds including accrued interest (but excluding county match) to the
Department. The award date for the funds will be the day the funds are transferred to the
Supervisor.
D. Minimum Performance Administration Standards. In order to receive grant funds under
this agreement,the Supervisor shall include as part of the required detailed Federal Election c
Administration Activities Plan (DS-DE 126) referenced in Section lii.A., performance
u_
measures and goals including milestones for how the funds will be used. Additionally, the c
Supervisor shall show report on how those goals and measures were achieved or are E
outstanding using the annual expenditure report ((DS-DE 128, rev. 1/16) required under
Section V.B.1 2
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E. Interest bearing account/public depository and accounting.The Supervisor must establish
and maintain the FY 2016-2017 funds in an interest bearing account in a "qualified public
depository" as defined by section 280.02, Florida Statutes,and otherwise must comply with
the applicable requirements of chapter 280. The Supervisor must segregate federal funds
and required county matching dollars In a separate account established to hold only such
a)
funds.
a)
Funds in this account must be used only for the purposes identified in the Federal Election
Administration Activities Plan. Funds shall remain in the account to be used for the
purposes identified in the Federal Election Administration Activities Plan for subsequent
years or until such funds are expended or returned to the department.
Please note that separate public depository requirements apply under chapter 280, Florida
Statutes,but are outside the scope of enforcement of this agreement.The Supervisor will
be required to execute and retain in the official records a Public Deposit Identification and
Acknowledgment Form(DFS-J1-1295)and to submit a Public Depositor Annual Report to c
the Chief Financial Officer(DFS-J1-1009)to the Public Deposits Program, Florida
Department of Financial Services. Refer to The Department of Financial Services Collateral f d
Management for Governmental Units page for more information, or contact the Program
Administrator at 850-413-3360.
The Supervisor shall maintain separate accounting records for each of the funding sources
Identified under its plan submitted pursuant to this agreement.
F. Restrictions. Funds must be used only for programs to improve federal election
administration activities, pursuant to section 251 of HAVA, as detailed in the Supervisor's
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Federal Election Administration Activities Plan, as approved by the Department. ). If any of
these funds are used for any other purpose, the cost must be pro-rated for the portion of
the expenditure that is allocable to improvement of federal election activities.
Funds may not be used to support state or federal lobbying activities but this does not
affect the right,or that of any other organizatioh to petition Congress, or any other level of
Government,through the use of other resources.
IiI. DISBURSEMENT
The Department shall distribute to each eligible county supervisor of elections upon request up
to an amount equal to the funding level per voter multiplied by the number of active registered
as of book closing in the county for the 2016 Presidential Preference Primary Election Ta-
voters
(12,060,748). The Supervisor shall receive grant funds in an amount not to exceed the sum
specified for Supervisor's county in Attachment C, and the actual amount disbursed will be the a�
amount requested by the Supervisor in the Federal Election Administration Activities Plan and
approved by the Department.
A. Submissions. Prior to the Department disbursing FY 2016-2017 funds to the Supervisor p
under this agreement, the Supervisor must submit to the Department the following for co
approval:
rn
1. A completed Federal Election Administration Activities Plan utilizing Form DS-DE 126
(Attachment B) as a template and incorporating by reference a separate, detailed
description of each program that will be Implemented for every category checked on E
Form DS-DE 126, and a timeline and budget for each program. Each description shall E
include program goals and performance measures for those goals. The Supervisor shall °'
also indicate on Form DS-DE 126,for each category checked, all sources of funding that
apply, i.e. include the source of funds (federal, county matching funds, other county
funds, and interest earned for each federal election administration activity set forth in u_
the plan. Where applicable, the Supervisor shall provide SAMPLES of all publications,
including voter education printed documents, and transcripts of audio and video
recordings or clips to be used in any program.
2. A written certification from the county governing body (e.g. Board of County
Commissioners) (DS-DE 127, Revised 8/16) that It will provide in addition matching i
I co
funds In an amount equal to fifteen percent(15%)of the amount to be received from the
state.This form is attached hereto as Attachment D. If the county governing body fails
to appropriate the matching funds, the Supervisor must return or repay to the
Department the portion of the funds for which the matching funds would have applied.
3. A completed ED Form GCAS-009 (6/88), entitled "Certification Regarding Debarment,
Suspension, ineligibility, and Voluntary Exclusion Lower Tier Covered Transaction?, and
attached hereto as Attachment E. [Executive Order 12549, Debarment and Suspension,
45 CFR 1183.35,prohibits the disbursement of federal funds to the intended recipient of
such funds or to any sub-recipient thereunder unless such recipient and each sub-
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recipient,if any, certify that they are not excluded or disqualified from receiving federal
funds by any federal department or agency,]
4. A completed "Certificate of Equipment for Casting and Counting Ballots" (DS-DE 135,
Effective 8/16), attached hereto as Attachment F.This is required if the request, in part
or in full, is to use HAVA funds for the purpose of purchasing emerging or enhancing
software and hardware technology.
IV. Electronic Payments
The Supervisor may choose to use electronic funds transfer(EFT)to receive grant payments.All •
Supervisors wishing to receive their award through electronic funds transfer must submit a c
Direct Deposit Authorization form to the Florida Department of Financial Services, if EFT has
already been set up for your organization,you do not need to submit another authorization a)
form unless you have changed bank accounts.To download this form visit
http://www.mvfloridacfo.com/Division/AA/Forms/DFS-A1-26E.pdf.This page also Includes 2
tools and information that allow you to check on payments. G 2
O
V. MONITORING,AUDITS,AND REPORTS cn
The administration and use of funds are subject to monitoring,audits,and reports as follows: c
A. Monitoring.
in addition to reviews of audits conducted in accordance with OMB Circular A-133, Subpart B,
as revised,and Section 215,97, F.S., monitoring procedures may include, but are not limited to,
on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133,
Subpart B, as revised, and/or other procedures (see Attachment G). By entering into this a
agreement, the Recipient agrees to comply and cooperate with any monitoring
procedures/processes the Department deems appropriate. u.
The Department shall closely monitor the Supervisors' annual expenditure reports to ensure
that the Supervisors expend NAVA funds in accordance with the approved Federal Election s
Administration Activities Plan, applicable law, and this, agreement, and will require c
reimbursement for all expenditures not approved or otherwise authorized, Also, the
Department shall ensure that Supervisors report the expenditures made with NAVA funds c
separately from expenditures made with county funds. t°
. Y
For additional guidance to state and federal monitoring and auditing requirements, refer to:
http://election.dos.state.fi.us/hava/index.shtml and http://www.eac,gov.
B. Financial reports.The Supervisor shall submit the following written financial reports to the
Department:
1. Expenditure report. The Supervisor shall submit an annual report(DS-DE 128, Revised
1/16)by December 31 of every year until the funds are expended or returned to the
Department,as described in section II.D.of this agreement,
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• If expenses are made at any time from the date of initial receipt of the FY 2016-2017
Federal Election Activities grant funds through September 30 of the year received,
the first report is due on December 31 of that year.
• Thereafter, an expenditure report is only due on December 31 of every year in which
expenditures were made and/or funds remain to cover the preceding October 1St
through September 30th period until all funds are fully expended,
The Supervisor shall indicate on the report if the funds are fully expended during the
expenditure period being reported.The report must include the detailed information
required in section II. D("Minimum Performance Administration Standards"),e.g.,an
explanation of how grant funds were spent on each program identified in the approved
Federal Election Administration Activities Plan,goals,timeline and milestones met or u.
outstanding,and performance measures, The Supervisor must attach to the report a)
a
Additionally,the Supervisor must include documentation(such as appropriation
statement,committee meeting minutes approving appropriation,or account statement)
that shows that the county governing body appropriated matching funds as certified in
Section Ill,A.2. "Disbursements."The county's failure to appropriate the matching p
funds or reversion of those funds back to the county for any reason must be reported to `n
the Department.
N
Each financial report shall include complete documentation detailing expenditures «,
made,including billing or itemized receipts,invoices,paid bills, payroll records and I a
employee time sheets or semi-annual certifications,to account for the expenditures
identified in Attachment 8. The voter education publications must provide voter a,
education concerning voting procedures,voting rights or voting technology. If deemed n
necessary after review of a financial report,the Supervisor may be required to provide -0
any requested supplemental documentation.For products,documentation may include
u_
a copy of or the actual product or publication and an indication of how many individual
items were produced or printed. For services,documentation may include a copy of or
the actual newspaper article,audio recording,or video clip and/or template or transcript
thereof,and an indication of how many times it was published,aired,or accessed,or a
copy of the graphics template and content layout for a special created webpage, i E
Documentation must account for all expenditures made from grant funds awarded
under this agreement.
2. Remaining balance report. The Supervisor shall report annually to the Department any
unspent funds remaining on June 30 of each fiscal year.The Department will provide the
report form (DS-DE 129, Revised 7/16). The Supervisor shall submit the annual report
no later than July 31 of every year until such HAVA funds are fully expended or returned,
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C. Reporting Requirements
Copies of financial reporting packages as described in section .320(c), 2 CFR §200.328 (as
revised)for audits conducted by or on behalf of the Recipient pursuant to Attachment G of this
agreement,shall be submitted as required to:
Department of State Department of State Auditor General's Office Federal Audit
Division of Elections Office of inspector General Room 401,Pepper Bldg. Clearinghouse
R.A,Gray Building,Ste 316 R.A.Gray Bldg.,Rm.114-A 111 West Madison St. Bureau of the Census
500 S.Bronough St. 500 S.Bronough Street Tallahassee,FL 1201 East 10th St.
Tallahassee,FL Tallahassee,FL 32399-14S0 Jeffersonville,IN
32399-0250 32399-0250 47132
Other Federal agencies and pass-through entities In accordance with Sections.320(e)and(f),2
CFR 2§200.328(as revised).
Any reports,management letter, or other information required to be submitted to the
Department pursuant to this agreement shall be submitted timely and in accordance with 2 CFR
a�
§200,328,the Florida Statutes,and Chapter 10.550(local governmental entities)of the Rules of c
the Auditor General,whichever is applicable , w
(http://www.mvflorida.com/audgen/pages/localgovt.htm).The correspondence accompanying f4
the financial reporting package forwarded to the Department must include the date the w
Recipient received the reporting package. 0
VI. RECORD RETENTION
The Supervisor shall keep and maintain accurate and detailed records (e.g., Invoices, receipts, N
and other documentation) sufficient to identify how and whether expenditures were used for
authorized purposes, in accordance with Attachment A, to support financial reporting, and to °'
conduct audits as may be required or requested.These records must be retained for five fiscal
years after the last report that all funds have been fully expended or funds are returned by the �+
county, or three years after the date an audit report is issued, whichever is earlier (See GS-01
General Records Retention Schedule), The Supervisor shall allow the Department or its
designee, CFO, or Auditor General access to such records, Including the audit working papers
upon request, Failure to provide adequate documentation shall result in a request to return
the funds to the Department. a
ViI. INCORPORATED DOCUMENTS ami
This agreement incorporates by reference the following documents: 1, s
• Attachment A:General Appropriations Act Proviso Language
• Attachment B: Federal Election Administration Activities Plan (Form DS-DE 126, rev. e
8/2016)
• Attachment C: Federal Election Administration Activities - Funds Allocation per
County/County Matching Funds
• Attachment 0: Certificate Regarding Matching Funds(Form DS-DE 127, rev.8/2016).
• Attachment E: Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions(ED federal form GCS-009,v. 6/88)
• Attachment F: Certificate of Equipment for Casting and Counting Ballots (Form DS-DE
145,rev.8//2016)
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• Attachment G: Single Audit Act Requirements, Exhibit I and Compliance Requirements
for Agreements and Exhibit 2 CFO Memorandum No.03
VIII. ENTIRETY OF THE AGREEMENT
All terms and conditions of this agreement are fully set forth in this document and attachments
Incorporated by reference and shall be governed by the laws of the State of Florida regardless
of any conflict of laws provisions, In any proceeding or action brought under this section,the
parties agree that proper venue will be in Leon County,Florida,The Department shall not be
liable for attorney fees,interest, late charges or service fees,or costs of collection related to
this agreement.
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their j
undersigned officials as duly authorized. s
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County S\Ipervisor of Elections: i FL Department of State/Division of Elections LL
By: -- ',—i."1. 'vL,<_ {,'�. C._.f k.tk-"IA_ ':N By: E
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Jennife J. Edwards ; ?
(print name/title) (print name/title) w
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County FEID Number: 59-2562792 0
Witness: 7 n � ,� t
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ATTACHMENT A to MOA#2016-2017-0001
3064 SPECIAL CATEGORIES
GRANTS AND AIDS- FEDERAL ELECTION ACTIVITIES(HELP AMERICA VOTE ACT)
FROM FEDERAL GRANTS TRUST FUND . . . $3,000,000
Funds in Specific Appropriation 3064 shall be distributed to county supervisors of elections to
be used for election administration activities such as voter education; poll worker training; N
standardizing elections results reporting; or other federal election administrative activities as c
approved by the Department of State. u-
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County supervisors of elections will receive funds only after providing the Department of State u
a detailed description of the programs that will be implemented. Funds distributed to county05
supervisors of elections require a certification from the county that matching funds will be w
provided in an amount equal to fifteen percent of the amount to be received from the state. N
M
Also, before a county supervisor of elections receives funds for any software or hardware N
technology, including, but not limited to any emerging technology that enhances or facilitates
the delivery of absentee ballots,the casting and counting of valid votes,voting system audits or a
recount processes, and the certification of accurate and complete official election results,the E
software or technology must first be certified or approved,whichever is applicable by the a�
Department of State.Additionally, before the Supervisor can receive funds for emerging or ec
enhancing technology,the county supervisor of elections and the chairperson of the county u)
governing body must certify that the county has purchased and made available sufficient LL
equipment for casting and counting ballots to meet the needs of the county electors including >
reducing the wait time at the polls during the early voting period and on election day for the Q
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next regularly scheduled general election,
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To be eligible,a county must segregate federal funds and required county matching dollars in a E
separate account established to hold only such funds. Funds in this account must be used only y
for the activities for which the funds were received. Funds shall remain in the account to be Q
used for the same purposes for subsequent years or until such funds are expended. Supervisors
of elections shall report to the Department of State any unspent funds remaining on June 30 of
each fiscal year.
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Packet Pg. 2133
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ATTACHMENT C to MOA 2016-2017-0001
FLORIDA DEPARTMENT OF STATE-DIVISION OF ELECTIONS
County Allocation of Help America Vote Act Funds-Federal Election Administration Activities
FY 2016-2017
2016 Amount Amount-
Presidential Federal Election 15%
Preference Primary- Activities Funds Match By County
County Active Registered Voters Per County Funds
Alachua 162,326.00 $ 40,377.10 $ 6,056.56
Baker 13,918.00 $ 3,461.97 $ 519.30
Bay 109,212.00 $ 27,165.48 $ 4,074.82
Bradford 15,638.00 $ 3,889.81 $ 583.47
Brevard 393,307.00 $ 97,831.49 $ 14,674.72
Broward 1,103,115.00 $ 274,389.70 $ 41,158.45
Calhoun 8,326.00 $ 2,071.02 $ 310.65
Charlotte 122,379.00 $ 30,440.65 $ 4,566.10 c
Citrus 100,309.00 $ 24,950.94 $ 3,742.64
Clay 140,633.00 $ 34,981.16 $ 5,247.17 c
Collier 188,849.00 $ 46,974.45 $ 7,046.17 E
Columbia 36,776.00 $ 9,147.69 $ 1,372.15
DeSoto 15,041.00 $ 3,741.31 $ 561.20 g
Dixie 9,564.00 $ 2,378.96 $ 356.84 ill
Duval 549,872.00 $ 136,775.60 $ 20,516.34 cn
Escambia 199,365.00 $ 49,590.21 $ 7,438.53 cvl
Flagler 75,664.00 $ 18,820.72 $ 2,823.11 cncl
N
Franklin 7,328.00 $ 1,822.77 $ 273.42
Gadsden
28,687.00 $ 7,135.63 $ 1,070.34 c
$ 410.98 E
Gilchrist 11,015.00 $ 2,739,88E
Glades 6,355.00 $ 1,580.75 $ 237.11 a)
Gulf 9,785.00 $ 2,433.93 $ 365.09 Q
Hamilton 7,820.00 $ 1,945.15 $ 291.77 N
Hardee 11,284.00 $ 2,806.79 $ 421.02 c
Hendry 16,574.00 $ 4,122,63 $ 618.39 �i
Hernando 126,980.00 $ 31,585.11 $ 4,737.77 a
Highlands 58,974.00 $ 14,669.24 $ 2,200.39 Q
Hillsborough 789,930.00 $ 196,487.81 $ 29,473.17 =
Holmes 10,830.00 $ 2,693.86 $ 404.08
Indian River 101,768.00 $ 25,313.85 $ 3,797.08 ami
Jackson 28,089.00 $ 6,986.88 $ 1,048.03 E
Jefferson 9,377.00 $ 2,332.44 $ 349.87
Lafayette 4,301.00 $ 1,069.83 $ 160.48
Lake 209,578.00 $ 52,130.60 $ 7,819.59
Lee 424,777.00 $ 105,659.37 $ 15,848.91
Leon 192,497.00 $ 47,881.86 $ 7,182,28
Levy 25,615.00 $ 6,371.50 $ 955.72
Liberty 4,418.00 $ 1,098.94 $ 164,84
Madison 11,204.00 $ 2,786.89 $ 418.03
Manatee 214,993.00 $ 53,477.53 $ 8,021.63
Marion 219,416.00 $ 54,577.71 $ 8,186.66
Martin 106,915.00 $ 26,594.12 $ 3,989.12
Miami-Dade 1,253,788.00 $ 311,868.22 $ 46,780.23
Monroe 53,350.00 $ 13,270.32 $ 1,990.55
Nassau 58,776.00 $ 14,619.99 $ 2,193.00
Okaloosa 125,437.00 $ 31,201.30 $ 4,680.19
Okeechobee 19,208.00 $ 4,777.81 $ 716.67
Attachment C-FEA Funds per County-FY201 -17.xls
FY 2016-2017 FEA-$3M 1 Revised 8!2016 g
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ATTACHMENT C to MOA 2016-2017-0001
FLORIDA DEPARTMENT OF STATE-DIVISION OF ELECTIONS
County Allocation of Help America Vote Act Funds-Federal Election Administration Activities
FY 2016-2017
2016 Amount- Amount-
Presidential Federal Election 15%
Preference Primary- Activities Funds Match By County
County Active Registered Voters Per County Funds
Orange 694,985.00 $ 172,871.12 $ 25,930.67
Osceola 174,206,00 $ 43,332.14 $ 6,499.82
Palm Beach 846,791,00 $ 210,631,46 $ 31,594.72
Pasco 314,292.00 $ 78,177.24 $ 11,726.59
Pinellas 626,775,00 $ 155,904.51 $ 23,385.68
Polk 383,002.00 $ 95,268.22 $ 14,290.23
Putnam 46,091,00 $ 11,464.71 $ 1,719.71 -tea
St.Johns 163,882.00 $ 40,764.14 $ 6,114.62 =
St. Lucie 183,427.00 $ 45,625.78 $ 6,843.87 t.L-
Santa Rosa 124,431.00 $ 30,951.07 $ 4,642.66 a
Sarasota 287,399.00 $ 71,487.85 $ 10,723.18 a-
Seminole 272,993.00 $ 67,904.49 $ 10,185.67 m
Sumter 87,792.00 $ 21,837.45 $ 3,275.62
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Suwannee 25,583.00 $ 6,363.54 $ 954.53 0
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Taylor 11,867.00 $ 2,951.81 $ 442.77 co
Union 6,964.00 $ 1,732.23 $ 259.83 eel
Volusia 339,347.00 $ 84,409.44 $ 12,661.42 N
Wakulla 19,250.00 $ 4,788.26 $ 718.24
Walton 43,531.00 $ 10,827.94 $ 1,624.19 c
Washington 14,777.00 $ 3,675.64 $ 551.35 E
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(TOTAL 12,060,748 $ 3,000,000.00 $ 450,000.00 a)
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Formual for Allocation: Based on FY 2016-2017 appropriation for Federal Election Administration -a
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Activities divided by the total number of registered voters in the state as of bookclosing for the 2016
Presidential Preference Primary Election, Q
FY 2016-2017 Appropriation-Federal Election Administration Activities $3,000,000 I
Total Number of active registered voters in the state-2016 Presidential a
a�
Preference Primary Election 12,060,748 E
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Funding level per individual voter $0,2487 .
a
Attachment C-FEA Funds per County FY2016-17,xls
FY 2016-2017 FEA-$3M 2 Revised 8/2016
a
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ATTACHMENT D of MOA 2016-2017-0001
Certificate Regarding Matching Funds
Donna Fiala , Chairman of the Board of County Commissioners of
Collier County, Florida, do hereby certify that the Board of County Commissioners will
provide a specific county match fund in FY 2016-17 in an amount equal to or greater than 15% a,
of the amount of the Federal Election Activities grant that the county Supervisor of Elections
receives from the state, which for Collier County is $ 7,046.17 I understand that if
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the Board fails to appropriate the additional matching funds, all funds received from the state
for this grant during the 2016-2017 state fiscal year will be required to be returned to the
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Department of State.
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Chairman, Board of County Commissioners
E
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4-
Date
ATTEST CLERKDWs 4T E.BROCK,
Aped s ton4yld Ie ality
Scoteach,Deputy County Attorney
DS-DE 127
Revised 8/2016
f pry ON
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ATTACHMENT E to MOA 2016-2017-0001
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment
and Suspension, 45 CFR 1183.35, Participants' responsibilities. The regulations were published as
Part VII of the May 26, 1988 Federal Register(pages 19160-19211). Copies of the regulations may be
obtained by contacting the person to which this proposal is submitted.
(BEFORE COMPLETING CERTIFICATION,READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it ,i
nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any federal depaituuent or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this 2
certification,such prospective participant shall attach an explanation to this proposal. wo
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Jennifer J.Edwards, Supervisor of Elections for Collier County a,
Name and Title of Authorized Representative
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9' 2 2 . /
Signature,°' /! ,.-- Date
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ED Form GCS-009,6/88 I'
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INSTRUCTIONS FOR CERTIFICATION
I. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set
out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the federal government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person,""primary covered transaction,""principal," "proposal,"and"voluntarily excluded,"as i
used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in
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obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed coveredco
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction,unless authorized by the department or agency with which this transaction originated. c!?
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier
Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the coveredtn
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Nonprocurement List(Telephone Number).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available
to the federal government, the department or agency with which this transaction originated may pursue
available remedies,including suspension and/or debarment,
ED Form GCS-009,6188
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16.J.1.a
ATTACHMENT F of MOA 2016-2017-0001
Certificate of Equipment for Casting and Counting Ballots
We, Jennifer J. Edwards Supervisor of Elections and
Donna Fiala Chairperson of Board of County Commissioners, of N
Collier County, Florida, do hereby certify that prior to the receipt and use of fiscal year `L
2016-2017 NAVA funds for the purchase of State-approved or certified (whichever is applicable)
2
emerging or enhancing software or hardware technology as allowable per Attachment A, the
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county has purchased and made available sufficient equipment for casting and counting ballots
to meet the needs of the county electors for the next regularly scheduled general election. If
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the Florida Department of State determines that there is insufficient equipment for casting and
counting ballots for the next regularly scheduled general election as herein certified, we shall
return the NAVA funds that were used to purchase other emerging or enhancing software and LL
hardware technology to the State.
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Supq'yIsor of Eleg�ions' Chairman, Board of County Commissioners
7.2
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Date Date
ATTEST
DS-DE 135
DWIGHT E.BROCK,CLERK roved a fora and legality
L--Revised 8/16 r' `.t,�
BY: Sc R.Teach,Deputy County Attorney
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ATTACHMENT G to MOA#2016-2017-0001
Florida Single Audit Act Requirements
The administration of resources awarded by the Department of State to the Supervisor may be subject to
audits and/or monitoring by the Department of State,as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not be limited to,on-site
visits by Department of State staff, limited scope audits as defined by OMB Circular A-133, as revised,
and/or other procedures. By entering into this agreement,the Supervisor agrees to comply and cooperate
with any monitoring procedures/processes deemed appropriate by the Department of State." In the event
the Department of State determines that a limited scope audit of the Supervisor is appropriate, the N
Supervisor agrees to comply with any additional instructions provided by the Department of State staff to c
the Supervisor regarding such audit. The Supervisor further agrees to comply and cooperate with any z
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inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or a)
Auditor General.
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AUDITS
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PART I:FEDERALLY FUNDED u)
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This part is applicable if the Supervisor is a State or local government or a non-profit organization as °'
defined in OMB Circular A-133,as revised.
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1. In the event that the Supervisor expends $300,000 ($500,000 for fiscal years ending after a)
December 31, 2003)or more in Federal awards in its fiscal year,the Supervisor must have a single
or program-specific audit conducted in accordance with the provisions of OMB Circular A-I33,as
revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the a)
Department of State by this agreement. In determining the Federal awards expended in its fiscal
year, the Supervisor shall consider all sources of Federal awards, including Federal resources
received from the Department of State. The determination of amounts of Federal awards
u_
expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the Supervisor conducted by the Auditor General in accordance with the Q
provisions OMB Circular A-133,as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the Supervisor shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB
Circular A-133,as revised.
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3. If the Supervisor expends less than 5300,000($500,000 for fiscal years ending after December 31,
2003)in Federal awards in its fiscal year,an audit conducted in accordance with the provisions of
OMB Circular A-133, as revised, is not required. In the event that the Supervisor expends Iess
than$300,000($500,000 for fiscal years ending after December 31, 2003)in Federal awards in its
fiscal year and elects to have an audit conducted in accordance with the provisions of OMB
Circular A-133,as revised,the cost of the audit must be paid from non-Federal resources (i.e.,the
cost of such an audit must be paid from Supervisor resources obtained from other than Federal
entities).
PART II: STATE FUNDED
1
DFS-A2-CL
July 2005
Rule 69I-5,006,FAC
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This part is applicable if the Supervisor is a nonstate entity as defined by Section 215.97(2), Florida
Statutes.
1, In the event that the Supervisor expends a total amount of state financial assistance equal to or in
excess of$500,000 in any fiscal year of such Supervisor(for fiscal years ending September 30,
2004 or thereafter),the Supervisor must have a State single or project-specific audit for such fiscal
year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of
Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, EXHIBIT I to this agreement indicates
state financial assistance awarded through the Department of State by this agreement. In
determining the state financial assistance expended in its fiscal year,the Supervisor shall consider
all sources of state financial assistance, including state financial assistance received from the
Department of State, other state agencies, and other nonstate entities. State financial assistance
does not include Federal direct or pass-through awards and resources received by a nonstate entity
for Federal program matching requirements, cs
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2, In connection with the audit requirements addressed in Part II, paragraph 1, the Supervisor shall
ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This
includes submission of a financial reporting package as defined by Section 215.97(2), Florida („)
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations),Rules of the Auditor General.
03. If the Supervisor expends less than $500,000 in state financial assistance in its fiscal year (for
fiscal years ending September 30,2004 or thereafter), an audit conducted in accordance with the
provisions of Section 215.97, Florida Statutes, is not required, In the event that the Supervisor
expends less than$500,000 in state financial assistance in its fiscal year and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the
audit must be paid from the nonstate entity's resources(i.e.,the cost of such an audit must be paid
from the Supervisor's resources obtained from other than State entities).
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The Internet web addresses listed below will assist recipients in locating documents referenced in
the text of this agreement and the interpretation of compliance issues. a
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State of Florida Department Financial Services(Chief Financial Officer)
www,fldfs.com/ u-
State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act)
www.leestate,flus!
PART III: REPORT SUBMISSION E
C.)
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised, and required by PART I of this agreement shall be submitted, when required by Section
.320(d),OMB Circular A-133,as revised,by or on behalf of the Supervisor directly to each of the
following:
A. The Department of State at each of the following addresses:
Department of State
Division of Elections
R.A.Gray Building,Ste 316
500 S.Bronough St.
Tallahassee,FL 32399-0250
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B. The Federal Audit Clearinghouse designated in OMB Circular A-133,as revised(the number
of copies required by Sections.320(d)(1)and(2),OMB Circular A-133,as revised,should be
submitted to the Federal Audit Clearinghouse),at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320(e)and(f),
OMB Circular A-133,as revised.
2. In the event that a copy of the reporting package for an audit required by PART 1 of this
agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to
be submitted to the Department of State for the reasons pursuant to Section .320 (e)(2), OMB c
Circular A-133, as revised, the Supervisor shall submit the required written notification pursuant
to Section.320 (e)(2) and a copy of the Supervisor's audited schedule of expenditures of Federal rn
awards directly to each of the following:
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Department of State as
Division of Elections
R.A.Gray Building,Ste 316 O
500 S.Bronough St. co
Tallahassee,FL 32399-0250 en
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3. Copies of financial reporting packages required by PART II of this agreement shall be submitted N
by or on behalf of the Supervisor directly to each of the following:
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A. The Department of State at each of the following addresses:
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Department of State
Division of Elections
R.A.Gray Building,Ste 316
500 S.Bronough St.
Tallahassee,FL 32399-0250
B. The Auditor General's Office at the following address:
Auditor General's Office
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Room 401,Pepper Building E
111 West Madison Street
Tallahassee,Florida 32399-1450 f°
4. Any reports,management letter, or other information required to be submitted to the Department
of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-
133,Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and
for-profit organizations),Rules of the Auditor General,as applicable.
5. Supervisors, when submitting financial reporting packages to the Department of State for audits
done in accordance with OMB Circular A-133 or Chapters 10.550(local governmental entities)or
10.650(nonprofit and for-profit organizations),Rules of the Auditor General, should indicate the
date that the reporting package was delivered to the Supervisor in correspondence accompanying
the reporting package.
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PART IV: RECORD RETENTION
1. The Supervisor shall retain sufficient records demonstrating its compliance with the terms of this
agreement for a period of 5 years from the date the audit report is issued, and shall allow the
Department of State, or its designee, CFO, or Auditor General access to such records upon
request. The Supervisor shall ensure that audit working papers are made available to the
Department of State,or its designee,CFO,or Auditor General upon request for a period of 3 years
from the date the audit report is issued, unless extended in writing by the Department of State.
NOTE.' Records need to be retained for at least five years to comply with record retention
requirements related to original vouchers prescribed by the Department of State, Division of
Library and Information Services,Bureau of Archives and Records Management.
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EXHIBIT- 1
FEDERAL RESOURCES AWARDED TO THE SUPERVISOR PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
NOTE.If the resources awarded to the Supervisor represent more than one Federal program,provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Help America Vote Act—Catalog of Federal Domestic Assistance(CFDA)§90.401 Help America
Vote Act Requirements Payments
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
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CFDA Number 90.401,Help America Vote Act Requirements Payments
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Part 1 of Subtitle D of Title II (Sections 251-258)and Title III of Public Law 107-252,the Help America
Vote Act of 2002, Sections 301-305, and Sections 902 and 906. EAC has determined that the following
Office of Management and Budget guidelines apply: Cost Principles for State, Local, and Indian Tribal U
Governments, 2 § CFR Part 225; Uniform Administrative Requirements for Grants and Cooperative 2
Agreements to State and Local Governments,OMB Circular A-110(amended 9130/99). 0
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State resources awarded to the recipient pursuant to this agreement consist of the following: ;•
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Not Applicable. N
Matching resources for federal programs:
Not Applicable. �' 1
Subject to section 215.97,Florida Statutes:
Not Applicable.
Compliance requirements applicable to state resources awarded pursuant to this agreement are as
follows:
Not Applicable.
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Exhibit-2
December 3, 2014
CHIEF FINANCIAL OFFICER'S MEMORANDUM NO. 03 (2014 -2015)
SUBJECT: COMPLIANCE REQUIREMENTS FOR AGREEMENTS
This memorandum supersedes the Chief Financial Officer's Memorandum No.4(2005-
2006)minimum requirements and confirms state agencies must follow for proper
accountability over state and federal resources. While the State is accountable to the federal
government, sub-recipients of federal financial assistance must be accountable to the State.
Recipients/sub-recipients of state financial assistance must also be accountable to the State.
FEDERAL FUNDS as
This memorandum is applicable to discretionary grants,which the State receives from the u
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federal government.Applicability to federal entitlement programs or formula based awards cn
should be determined on a case by case basis pursuant to federal regulations for these N
programs.
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State agencies must determine whether they are passing on federal awards in the form of
federal financial assistance to sub-recipients or procuring goods and services from a
contractor. This determination is critical for the proper accountability over federal financial cal!)
assistance,which is passed on to sub-recipients. State agencies will use the criteria a,
established in Uniform Administrative Requirements, Cost Principles and Audit `t
Requirements for Federal Awards, Code of Federal Regulations Title 2,Part 200,330 to make
this determination.Agencies must retain documentation to support this determination.
In 2005 the Office of Federal Financial Management confirmed to the Department of
Financial Services,if the State receives an award of federal financial assistance in the form of
a grant or cooperative agreement,any sub-award for the purpose of the grant is subject to the c
rules applicable to the grant, even if the sub-award is on a fixed price basis.Agreements w
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(sub-awards)with sub-recipients of federal financial assistance must require compliance with 5
the published requirements entitled Uniform Administrative Requirements, Cost Principles
and Audit Requirements for Federal Awards(also known as the Super Circular), Code of `s
Federal Regulations Title 2,Part 200(2 CFR,Part 200). This guidance supersedes and
consolidates the requirements from the Office of Management and Budget(OMB) Circulars
A-21,A-87,A-110,A-122,A-89,A-102 and A-133 and is effective for awards or increments
of awards issued on or after December 26, 2014,
The Super Circular also applies to sub-awards made by State and local governments to
an organization covered by the circular and provides that:
a. A grant may be charged only allowable costs resulting from obligations incurred
during the specified funding period.
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b.Any balance of unobligated cash that has been advanced or paid that is not
authorized to be retained for other projects must be refunded to the federal
government.
c.Any funds paid in excess of the amount to which the recipient is finally determined
to be entitled,under the terms and conditions of the award,constitutes a debt to
the Federal government.
Agreements with vendors must be procured in a manner that ensures a fair and reasonable
price to the Federal government and compliance with applicable rules and regulations,
including,but not limited to:
a. 2 CFR,Part 200
b. Section 287.057,Florida Statutes(F.S.)
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c. Section 215.917,F.S.
d. Section 216.3475,F.S. ,i
(1) Non-competitive procurements and competitive procurements that result in less
than 2 responses must be supported by a detailed cost analysis. Cost must be
reasonable,necessary and allowable in accordance with state and federal laws, a
rules and regulations. Agencies must maintain documentation to evidence the 2
agency's review of individuals cost elements included on the detailed budget 0
submitted by the person or entity awarded funding.
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STATE FUNDS
State agencies must determine whether they are awarding state financial assistance to a
recipient or procuring goods and services from a vendor. State agencies will use the Florida
Single Audit Checklist for Non-state Organizations—Recipient/Sub-recipient vs Vendor
Determination to make this determination. Agencies must retain copy of the checklist.
Agreements with recipients of state financial assistance,even if awarded on a fixed price U)
basis, must require:
a. Compliance with Section 215.97,F.S. u..
b. Compliance with Section 215.971,F.S.
c. Expenditures of state financial assistance be in compliance with laws,rules and
regulations applicable to expenditures of State funds, including, but not limited
to,the Reference Guide for State Expenditures
a)
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Agreements involving the State University System,the Florida Community College System,
district school board,or charter schools using state funds must be procured in a manner that
ensures a fair and reasonable price to the State and compliance with applicable rules and
regulations,including,but not limited to:
a. Section 216.3475,F.S.
(1)Non-competitive procurements and competitive procurements that result in
less than two (2)responses must be supported by a detailed cost analysis. Cost
must be reasonable,necessary and allowable in accordance with state laws,rules
and regulation. Agencies must maintain documentation to evidence the agency's
review of individual cost elements included on the detailed budget submitted by
the person or entity awarded funding.
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b. May be fixed price contract that entitles the provider to receive compensation of
the fixed contract amount upon completion of all deliverables,
c. May be fixed rated per unit contract that entitles the provider to receive
compensation for each deliverable provided.
d. May be a cost reimbursable contract that entitles the provider to receive
compensation for actual allowable costs incurred in performing contract
deliverables.
e. May be a combination of b,c and d.
Agreements with vendors must be procured in a manner that ensures a fair and reasonable
price to the State and compliance with applicable rules and regulations, including,but not
limited to:
a. Section 287.057,F.S.
b. Section 216.3475,F.S.
(1)Non-competitive procurements and competitive procurements that result in L'-
less than two(2)responses must be supported by a detailed cost analysis. Costs
must be reasonable,necessary and allowable in accordance with state laws,rules
and regulations.Agencies must maintain documentation to evidence the agency's cts
review of individual cost elements included on the detailed budget submitted by w
the person or entity awarded funding. N
Please contact the Bureau of Auditing at(850)413-5512 if you have any questions. c
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