Agenda 12/08/2015 Item #16J212/8/2015 16.J.2.
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment recognizing Federal HHS Vote Program Grant
Award 2011 Funds for Voting Accessibility for Individuals with Disabilities in the amount of
$8,305.04.
OBJECTIVE: To obtain the Board of County Commissioner's approval to recognize Federal HHS Vote
Program Grant Award 2011 Funds for Voting Accessibility for Individuals with Disabilities.
CONSIDERATIONS: The Florida Department of State has been awarded the 2011 U.S. Department of
Health and Human Services (HHS) VOTE Program grant funds in the amount of $666,589 to assist with
making polling places accessible to the disability community. Supervisor of Elections are eligible to
receive a specified amount of this grant for their respective county based on a formula for distribution.
The Florida Division of Elections shall award the Collier County Supervisor of Elections a total of
$8,305.04, (Attachment "A ").
FISCAL IMPACT: The Collier County Supervisor of Elections will receive $8,305.04 from the Florida
Division of Elections to 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 approve a budget
amendment recognizing $8,305.04 in Supervisor of Elections grant funds.
Submitted by: Jennifer J. Edwards, Supervisor of Elections
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12/8/2015 16.J.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.1611612.
Item Summary: Recommendation to approve a budget amendment recognizing Federal
HHS Vote Program Grant Award 2011 Funds for Voting Accessibility for Individuals with
Disabilities in the amount of $8,305.04.
Meeting Date: 12/8/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
12/1/2015 10:39:00 AM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
12/1/2015 10:39:02 AM
Approved By
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 12/1/2015 11:22:22 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/1/2015 1:06:33 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 12/1/2015 3:19:17 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 12/2/2015 10:47:57 AM
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12/8/2015 16.J.2.
MEMORANDUM OF AGREEMENT
FOR FEDERAL HHS 2011 VOTE PROGRAM GRANT
This agreement is between the Florida Department of State, Division of Elections
( "Department "), R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399 -0250
and the Honorable J hJI � 1,DWASupervisor of Elections, ( "Supervisor "), on behalf of
AbU,I eep— County, 6M6 TflMom I Ta IF, (insert address).
This agreement is effective as of the date fully executed by the parties.
I. Governing Law
The Department is authorized pursuant to specific appropriation 3074 of the 2015 -2016
General Appropriations Act (see Chapter 2015 -232, Laws of Florida) to disburse funds from the
Federal Grants Trust Fund (HAVA Account 261011) to the supervisors of elections.
The Department has received a federal grant award of $666,589 from FY 2011 funds through
Title II, Subtitle D, Part 2, Section 261 of the Help America Vote Act of 2002 (HAVA), to
establish, expand, and improve access to and participation in the election process by individuals
with disabilities. The U.S. Department of Health and Human Services (HHS) administers these
Voting Access for Individuals with Disabilities (VOTE) Program grants to the States for this
purpose.
II. Scope of Use /Restrictions
A. Scope of Work. The Supervisor shall use the Federal HHS VOTE Program Grant funds
received pursuant to this agreement solely to establish, expand, and improve access to and
participation in the election process by individuals with disabilities.
The Supervisor shall be reimbursed from funds under this Agreement for expenses made
only in one or more of the following categories of accessibility:
• Category 1: Making all polling places accessible to individuals with disabilities, including
the path of travel, entrances, exits, and voting areas of each polling facility;
• Category 2: Providing the same access and participation to individuals with disabilities,
including privacy and independence, as is afforded to other voters (includes accessible
voter interface equipment for individuals with disabilities);
• Category 3: Training election officials, poll workers, and election volunteers on how best
to promote the access and participation of individuals with disabilities in elections for
Federal office; and
• Category 4: Providing individuals with disabilities with information on accessibility of
polling places through advertisements targeted to reach individuals with disabilities.
The Supervisor is eligible to claim reimbursements up to the amount stated in Attachment
A, Polling Place Accessibility — HHS Grants FY 2011 Grant, Total Distribution Per County. The
Supervisor shall follow the limits set forth in Attachment A, and will be reimbursed up to
the amount indicated in Attachment A for each of the four Categories. Using the limits set
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forth in Attachment A, the Supervisor shall designate the amount in which he or she is
requesting reimbursements for each category by completing Attachment B.
Should the Supervisor determine that, based on the county's greatest needs, departure
from the specified limits by category described in Attachment A is necessary, the Supervisor
shall provide written justification pursuant to Attachment B for the departure. In any.
event, the Supervisor shall not be reimbursed for aggregate expenses exceeding the
amount listed for the county under "Total Distribution per County" in Attachment A.
B. Deliverables.
Payment 1, Deliverable /Task 1:
• Payment will be cost reimbursement. The Supervisor shall be reimbursed for funds
spent up to the limits designated for the Supervisor's county in Attachment A,
consistent with Title II, Subtitle D, Part 2, Section 261 of HAVA. Before receiving these
funds, the Supervisor must submit to the Department the two certificates identified in
Section III -A.
C. Length of Agreement. This agreement shall begin the date the agreement is signed by both
the Supervisor and the Department and continue until September 30, 2016.
III. Disbursement
The Department of State, through the Federal Grants Trust Fund, is authorized to distribute to
all 67 county Supervisors of Elections federal FY 2011 HHS Vote Program Funds totaling six
hundred sixty -six thousand, five hundred eighty -nine dollars ($666,589). These funds are
available for distribution prior to the expiration date of September 30, 2016, by counties
requesting reimbursement. The amount allocated for each respective county is set forth in
Attachment A.
Requests for reimbursement and required supporting documentation must be received by
the Department by September 1, 2016. The Supervisor understands that this deadline
ensures that the Department can submit a request for payment to HHS on the Supervisor's
behalf in time for HHS to deposit appropriate funds to make payment to the Supervisor. The
Supervisor agrees that a complete submission not received by the Department by September
1, 2016 might not be reimbursed by the expiration date of September 30, 2016, and that a
request for reimbursement not paid by HHS by September 30, 2016, will not be paid. The
Supervisor agrees that the Department shall be held harmless for any requests for
reimbursement not paid by HHS, and the Supervisor agrees that the Department's agreement
to submit requests for reimbursement and to disburse payments from HHS does not create a
debt or obligation for payment by the Department beyond the grant specified in Section I.
No Supervisor shall receive funds pursuant to this agreement until the Supervisor submits to
the Department the two certificates specified below. No Supervisor shall use any funds
received hereunder to support lobbying activities to influence proposed or pending federal or
state legislation or appropriations, but this does not affect the right of the Supervisor, or that of
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any other organization to petition Congress, or any other level of Government, through the use
of other resources.
A. Documentation. Before receiving these funds, the Supervisor must complete and submit to
the Department:
• Certificate for Request of HHS Program Grant Funds DS -DE 130 (Revised 11/13/15);
attached as Attachment B. Supporting documents of expenditures must be included
with the Certificate. Examples of acceptable documentation include copies of invoices or
proof of payment (e.g., copy of cancelled check or check number and date paid written
on the invoice or receipt paid by a bank card and a copy of the bankcard statement on
the bank's letterhead).
• Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
Lower Tier Covered Transactions ED Form GCAS -009 (6188) (attached as Attachment C).
[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 - recipient, if any, certify that
they are not excluded or disqualified from receiving federal funds by any federal
department or agency.]
IV. Electronic Payments
The Supervisor may choose to use electronic funds transfer (EFT) to expedite the receipt of
grant payments. All Supervisors wishing to receive their award through electronic funds
transfer must submit a 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 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 tools and information that allow you to check on payments.
V. Monitoring, Audits, and Reporting Requirements
The administration and use of funds are subject to monitoring, audits and reporting
requirements as follows:
A. Monitoring and Audits
In addition to reviews of audits conducted in accordance with 2 CFR §200.328, as revised, and
Section 215.97, F.S., (see Attachment D) monitoring procedures may include, but not be limited
to, on -site visits by Department staff, limited scope audits as defined by 2 CFR §200.328, as
revised, and /or other procedures. By entering into this agreement, the Supervisor agrees to
comply and cooperate with any monitoring procedures /processes the Department deems
appropriate.
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The Supervisor at all times is responsible for complying with all applicable federal and Florida
Single Audit Act requirements. In the event a conflict between the summary text in
Attachment D and an applicable federal or Florida statutory or rule requirement, the actual text
of the statute or rule shall control.
For additional guidance to state and federal monitoring and auditing requirements, refer to:
http:/ /election. dos .state.fl.us /hava/index.shtml and http: / /www.eac.aov.
B. Reporting Requirements
Copies of financial reporting packages as described in 2 CFR §200.328 for audits conducted by
or on behalf of the Supervisor pursuant to Attachment D of this agreement, shall be submitted
in electronic form to the Department of State at Division of Elections, HAVA Unit, R.A. Gray
Building, Suite 316, 500 S. Bronough Street, Tallahassee, FL 32399; to the Department of State,
Office of Inspector General, R.A. Gray Building, Rm. 114 -A, 500 S. Bronough Street, Tallahassee,
FL 32399; and to the additional entities identified in Attachment D.
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 §200.328, the Florida Statutes, and Chapter 10.550 Rules of the Auditor General, Local
Governmental Entity Audits, effective September 30, 2014, whichever is applicable
(http: / /www. mvflorida. com /audgen /pages /localgovt.htm). The correspondence accompanying
the financial reporting package forwarded to the Department must include the date the
Supervisor received the reporting package.
VI. RECORD RETENTION
The Supervisor shall keep and maintain accurate and detailed records (e.g., invoices, receipts,
and other documentation) sufficient to identify how and whether expenditures were used for
authorized purposes, to support financial reporting, and to conduct audits as may be required
or requested. In accordance with DS -DE 130 (Revised 11/13/15) Attachment B, 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. The Supervisor shall allow the Department or its designee, CFO, or
Auditor General, access to such records, including the audit working papers upon request. In
the event of an audit, the Department may recover an amount up to the reimbursement
amount for the Supervisor's failure to retain documentation of expenses.
VII. Incorporated Documents
This agreement incorporates by reference the following documents:
• Attachment A: Polling Place Accessibility — HHS Grants FY 2011 Grant
• Attachment B: Certificate for Reimbursement Request for Use of HHS VOTE Program
Grant Funds
• Attachment C: Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
• Attachment D: Single Audit Act Requirements and Exhibit I
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VIII. Entirety of the Agreement
All terms and conditions of this agreement are fully set forth in this document, including
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
undersigned officials as duly authorized.
County Supervisor of Elections / Supervisor
3
By'-.
i bhkt oS I 6ro
Typed name and title
County FEID Number: 6q- 2,6� 27
Witness
II.��`1
Date
Department of State, Division of Elections
By:
Typed name and title
Witness
Date
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RICK SCOTT
Governor
, dillilil
FLORIDA DEPARTMENT 0 f STATE
MEMORANDUM
To: Supervisors of Elections
From: Maria Matthews, Esq.
Director, Divisions of Electiorilt ,a
Date: November 19, 2015
Subject: 2011 HHS VOTE Program Grant
12/8/2015 16.J.2.
KEN DETZNER
Secretary of State
■■ rrr■■ r■■■ ssss■■■■■ ss■■■■■■ r■■■■■ rs■■■■ sr■■■■■■ ■rrrrs■s■■■■s■r■rrs■■rrr■rrr■■i
The 2011 U.S. Department of Health and Human Services (HHS) VOTE Program grant funds
awarded to the Florida Department of State are now available upon request. The funds totaling
$666;589 are to assist with expenditures used to make polling places accessible to the disability
community. Each of you is eligible to receive a specified amount of this grant for your
respective county based on a formula for distribution that includes the number of polling places
that were used on Election Day, November 4, 2014, as you reported in the U.S. Election
Assistance Commission 2014 Election Administration and Voting Survey.
You determine which categories to use based on your county's specific polling place
accessibility needs. If you need to use funds from a category that is normally used for other
purposes, simply write a justification explaining your county's needs and why you are using a
category that normally would be used for other purposes.
Funds are available for reimbursement requests until September 30, 2016. To apply, please
submit (signed and dated) the following documents:
1. Memorandum of Agreement and Debarment and Suspension form;
2. Certificate for Reimbursement Request for Use of HHS VOTE Program Grant Funds
(DS -DE 130, Revised 11 /13/15) for each request that identifies the purpose and amount
of funding being requested by category. (No limit exists on the number of separate
requests that may be submitted, subject to the maximum allocated amount for the
respective county);
Division of Elections
y R.A. Gray Building, Suite 316 r 500 South Bronough Street • Tallahassee, Florida 32399 - .•s;;.�
850.245.6200 • 850.245.6217 (Fax) election. dos.state.fl.us F1.n)1 DRAT
Promoting Florida's History and Culture VivaFlorida.org t U.CI�IQ \5 ti
VIVA RORNA
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12/8/2015 16.J.2.
Supervisors of Elections
2011 HHS VOTE Program Grant
November 19, 2015
Page Two
3. For each item identified in each above - referenced Certificate submitted, include either:
o An invoice showing a zero balance; or
o An invoice with a check number and check date written on it; or
o An invoice with a copy of a canceled check.
Submit all documents to:
Division of Elections
HAVA Administration Unit
R.A. Gray Building, Room 316
500 South Bronough Street
Tallahassee, Florida 32399 -0250
You will be provided with a copy of the agreement upon execution by the Division.
By the way, if you have not already signed up with the Department of Financial Services for
direct deposit via the electronic funds transfer (EFT), we strongly encourage you to do so
because it is more expedient, reduces paper waste and allows you to track the funds. Instructions
on how to sign up and the Direct Deposit Authorization form are located through the following
link: http: / /www.m yfloridacfo .com /Division /AA/Vendors/
If you have any questions or would like additional information, please contact Althera Johnson at
(850) 245 -6211 or Joyce Durbin at (850) 245 -6206.
MM /jd
Enclosures
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12/8/2015 16.J.2.
ATTACHMENT A to MOA #2015- 2016 -0004
DEPARTMENT OF STATE
DIVISION OF ELECTIONS
POLLING PLACE ACCESSIBILITY - HHS GRANTS
FY 2011 Grant
Alachua
63
9,179.26
MAKING POLLING
PROVIDING
TRAINING
PROVIDING
Baker
POLLING
TOTAL
PLACES
ACCESS AND
ELECTION
INFORMATION
Bay
PLACES
DISTRIBUTION
ACCESSIBLE
PARTICIPATION
OFFICIALS,
ON
Bradford
GENERAL
PER COUNTY
TO INDIVIDUALS
TO INDIVIDUALS
POLL WORKERS
POLLING
Brevard
ELECTION DAY
18,067.11
WITH
WITH
&.ELECTION
PLACE
Broward
November 2014
FORMULAS
DISABILITIES
DISABILITIES
VOLUNTEERS
ACCESSIBILITY
COUNTY
6
874.22
5%
90%
3%
2%
Alachua
63
9,179.26
458.96
8,261.33
275.38
183.59
Baker
9
1,311.32
65.57
.1,180.19
39.34
26.22
Bay
44
6,410.91
320.55
5,769.82
192.33
128.21
Bradford
13
1,894.13
94.71
1,704.72
56.82
37.88
Brevard
124
18,067.11
903.36
16,260.40
542.01
361.34
Broward
425
61,923.57
3,096.18
55,731.21
1,857.71
1,238.47
Calhoun
6
874.22
43.71
786.79
26.23
17.49
Charlotte
30
4,371.08
218.55
3,933.97
131.13
87.43
Citrus
31
4,516.78
225.84
4,065.10
135.50
90.34
Clay
45
6,556.61
327.83
5,900.95
196.70
131.13
Collier
57
8,305.04
415.25
7,474.54
249.15
166.10
Columbia
13
1,894.13
94.71
1,704.72
56.82
37.88
Desoto
14
2,039.84
101.99
1,835.85
61.20
40.80
Dixie
10
1,457.03
72.85
1,311.32
43.71
29.15
Duval
197
28,703.40
1,435.17
25,833.06
861.10
574.07
cscambia
74
10,781.99
539.10
9,703.79
323.46
215.64
Flagler
22
3,205.46
160.27
2,884.91
96.16
64.12
Franklin
7
1,019.92
51.00
917.93
30.60
20.39
Gadsden
25
3,642.56
182.13
3,278.31
109.28
72.84
Gilchrist
10
1,457.03
72.85
1,311.32
43.71
29.15
Glades
10
1,457.03
72.85
1,311.32
43.71
29.15
Gulf
9
1,311.32
65.57
1,180.19
39.34
26.22
Hamilton
8
1,165.62
58.28
1,049.06
34.97
23.31
Hardee
12
1,748.43
87.42
1,573.59
52.45
34.97
Hendry
10
1,457.03
72.85
1,311.32
43.71
29.15
Hernando
33
4,808.18
240.41
4,327.36
144.25
96.16
Highlands
25
3,642.56
182.13
3,278.31
109.28
72.84
Hillsborough
279
40,651.00
2,032.55
36,585.90
1,219.53
813.02
Holmes
7
1,019.92
51.00
917.93
30.60
20.39
Indian River
22
3,205.46
160.27
2,884.91
96.16
64.12
Jackson
14
2,039.84
101.99
1,835.85
61.20
40.80
Jefferson
15
2,185.54
109.28
1,966.98
65.57
43.71
Lafayette
5
728.51
36.43
655.66
21.86
14.56
Lake
104
15,153.06
757.65
13,637.76
454.59
303.06
Lee
124
18,067.11
903.36
16,260.40
542.01
361.34
Leon
90
13,113.23
655.66
11,801.90
393.40
262.27
Levy
13
1,894.13
94.71
1,704.72
56.82
37.88
Liberty
7
1,019.92
51.00
917.93
30.60
20.39
Madison
11
1,602.73
80.14
1,442.45
48.08
32.06
Manatee
70
10,199.18
509.96
9,179.26
305.98
203.98
Marion
121
17,630.00
881.50
15,867.00
528.90
352.60
Martin
31
4,516.78
225.84
4,065.10
135.50
90.34
Miami -Dade
565
82,321.92
4,116.10
74,089.73
2,469.66
1,646.43
Monroe
30
4,371.08 1
218.55
3,933.97
131.13
87.43
Nassau
15
2,185.541
109.28
1,966.98
65.57
43.71
HHS Attachment A - Polling Place Accessibility Funds rev 11 -13 -15 FINAL Packet Page, -2133-
12/8/2015 16.J.2.
44
PROVIDING
MAKING POLLING
PROVIDING
192.33
POLLING
TOTAL
PLACES
ACCESS AND
OFFICIALS,
PLACES
DISTRIBUTION
ACCESSIBLE
PARTICIPATION
191
GENERAL
PER COUNTY
TO INDIVIDUALS
TO INDIVIDUALS
ACCESSIBILITY
ELECTION DAY
3%
WITH
WITH
4,720.76
November 2014
FORMULAS
DISABILITIES
DISABILITIES
COUNTY 1
3,241.88
58,353.86
5%
90%
Pasco
109
15,881.57
794.08
14,293.42
12/8/2015 16.J.2.
44
PROVIDING
TRAINING
5,769.82
192.33
128.21
ELECTION
INFORMATION
1,602.73
OFFICIALS,
ON
48.08
POLL WORKERS
POLLING
191
& ELECTION
PLACE
25,046.26
VOLUNTEERS
ACCESSIBILITY
Osceola
3%
2%
262.26
Okaloosa
44
6,410.91
320.55
5,769.82
192.33
128.21
Okeechobee
11
1,602.73
80.14
1,442.45
48.08
32.06
Orange
191
27,829.18
1,391.46
25,046.26
834.88
556.58
Osceola
36
5,245.29
262.26
4,720.76
157.36
104.91
Palm Beach
445
64,837.62
3,241.88
58,353.86
1,945.13
1,296.75
Pasco
109
15,881.57
794.08
14,293.42
476.45
317.62
Pinellas
222
32,345.96
1,617.30
29,111.36
970.38
646.92
Polk
147
21,418.27
1,070.91
19,276.44
642.55
428.37
Putnam
21
3,059.75
152.99
2,753.78
91.79
61.19
Santa Rosa
33
4,808.18
240.41
4,327.36
144.25
96.16
Sarasota
86
12,530.42
626.52
11,277.37
375.91
250.62
Seminole
79
11,510.50
575.52
10,359.45
345.31
230.22
St. Johns
40
5,828.10
291.41
5,245.29
174.84
116.56
St. Lucie
52
7,576.53
378.83
6,818.88
227.30
151.52
Sumter
28
4,079.67
203.98
3,671.70
122.39
81.60
Suwannee
14
2,039.84
101.99
1,835.85
61.20
40.80
Taylor
14
2,039.84
101.99
1,835.85
61.20
40.80
Union
6
874.22
43.71
786.79
26.23
17.49
Volusia
101
14,715.95
735.80
13,244.36
441.48
294.31
Wakulla
121
1,748.43
87.42
1,573.59
52.45
34.97
Walton
191
2,768.35
1 138.42
2,491.51
83.05
55.37
Washington
161
2,331.24
116.561
2,098.12
69.941
46.62
TOTAL 1 4,575 1 666,589.00 33,329.45 599,930.10 19,997.67 13,331.78
5 %- Making polling places accessible to individuals with disabilities (this includes the path of travel, entrances,
exits, and voting areas of each polling facility)
90%- Providing access and participation to individuals with disabilities at polling places (providing the same opportunities
for access and participation, privacy and independence provided to all other voters)
3 %- Training election officials, pollworkers, and election volunteers on how best to promote the access and
participation of individuals with disabilities in elections for Federal office.
2 %- Providing individuals with disabilities with information on accessibility of polling places
HHS Attachment A - Polling Place Accessibility Funds rev 11 -13 -15 FINAL Packet Page -2134-
12/8/2015 16.J.2.
ATTACHMENT C to MOA #2015- 2016 -0004
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
nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
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ATTACHMENT D to MOA #2015- 2016 -0004
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
Supervisor agrees to comply with any additional instructions provided by the Department of State staff to
the Supervisor regarding such audit. The Supervisor further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or
Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
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.
In the event that the Supervisor expends $300,000 ($500,000 for fiscal years ending after
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 -133, as
revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the
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
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
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.
If the Supervisor expends less than $300,000 ($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 less
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
This part is applicable if the Supervisor is a nonstate entity as defined by Section 215.97(2), Florida
Statutes.
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ATTACHMENT D to MOA #2015- 2016 -0004
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 1 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.
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.
3. 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).
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.
State of Florida Department Financial Services (Chief Financial Officer)
www.fldfs.com/
State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act)
www.lea.state.fl.us/
PART III: REPORT SUBNIISSION
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
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:
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ATTACHMENT D to MOA #2015- 2016 -0004
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10`h 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 I 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
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
awards directly to each of the following:
Department of State
Division of Elections
R.A. Gray Building, Ste 316
500 S. Bronough St.
Tallahassee, FL 32399 -0250
Copies of financial reporting packages required by PART II of this agreement shall be submitted
by or on behalf of the Supervisor direct] 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
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
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.
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
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ATTACHMENT D to MOA #2015- 2016 -0004
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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ATTACHMENT D to MOA #2015- 2016 -0004
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:
CFDA Number 90.401, Help America Vote Act Requirements Payments
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
Governments, 2 § CFR Part 225; Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, OMB Circular A -110 (amended 9/30/99).
State resources awarded to the recipient pursuant to this agreement consist of the following:
Not Applicable.
Matching resources for federal programs:
Not Applicable.
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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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
This memorandum is applicable to discretionary grants, which the State receives from the federal
government. Applicability to federal entitlement programs or formula based awards should be
determined on a case by case basis pursuant to federal regulations for these programs.
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 assistance, which is
passed on to sub - recipients. State agencies will use the criteria established in Uniform
Administrative Requirements, Cost Principles and Audit 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 rules
applicable to the grant, even if the sub -award is on a fixed price basis. Agreements (sub -
awards) with sub - recipients of federal financial assistance must require compliance with the
published requirements entitled Uniform Administrative Requirements, Cost Principles and
Audit Requirements for Federal Awards (also known as the Super Circular), Code of 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 -] 10,
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.
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 filially determined to
be entitled, under the terms and conditions of the award, constitutes a debt to the
Federal government.
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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.)
c. Section 215.971, F.S.
d. Section 216.3475, F.S.
(1) Non - competitive procurements and competitive procurements that result in less
than 2 responses must be supported by a detailed cost analysis. Costs must be
reasonable, necessary and allowable in accordance with state and federal laws, rules
and regulations. 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.
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 a copy of the checklist.
Agreements with recipients of state financial assistance, even if awarded on a fixed price basis,
must require:
a. Compliance with Section 215.97, F.S.
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
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. Costs must be
reasonable, necessary and allowable in accordance with state laws, rules and
regulations. 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.
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 a fixed rate 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.
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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 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 review
of individual cost elements included on the detailed budget submitted by the person
or entity awarded funding.
Please contact the Bureau of Auditing at (850) 413 -5512 if you have any questions.
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