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Agenda 09/10/2013 Item #16J10 9/10/2013 16.J.10. EXECUTIVE SUMMARY Recommendation to authorize the Collier County Supervisor of Elections to accept federal election activities funds with a 15% matching contribution and that the Board direct its Chairwoman to sign the Certificate Regarding Matching Funds. 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 Chairwoman sign the Certificate Regarding Matching Funds (see Attachment "A-2 to Memorandum of Agreement"), and to authorize any necessary budget amendments to receive those funds. CONSIDERATIONS: The 2012 Legislature appropriated $2,000,000 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 2012 General Election, as certified by the Department of State. Collier County's share of those funds is $30,258.63, (see Attachment `B" to MOA). In order to receive the $30,258.63, the Chairwoman of the Board of County Commissioners must certify that the county will provide a 15% ($4,538.79) matching contribution. This matching contribution was included in the Supervisor of Elections 2012/2013 budget. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: The County will incur a fiscal impact of $4,538.79, which constitutes the required matching contribution necessary for the Collier County Supervisor of Elections to receive the $30.258.63 from the Division of Elections. 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: 7<1a tin. oliie Count- Boarc Count'- Commissione:- autnorizes the Collier C ounty Supervisor o_ Elee�io�,. to accept federal election activities funds with a 15% matching contribution from the County, to authorize any necessary budget amendments to receive those funds, and that the Board's Chairwoman sign the Certificate Regarding Matching Funds. Submitted by: Jennifer J. Edwards, Supervisor of Elections Packet Page -2956- 9/10/2013 16.J.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.J.16.J.10. Item Summary: Recommendation to authorize the Collier County Supervisor of Elections to accept federal election activities funds with a 15% matching contribution and that the Board direct its Chairwoman to sign the Certificate Regarding Matching Funds. Meeting Date: 9/10/2013 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 8/7/2013 12:49:34 PM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMarvJo 8/7/2013 12:49:35 PM Approved By Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management&B Date: 8/7/2013 4:46:39 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 8/9/2013 8:21:49 A1V1 Name: LehnnardFa' Titl:: Oneranons ; oorwnator.Transnortation Aaministrat; Date: 8/12;'2013 9:15:58 A1Vi Name: KlatzkowJeff Title: County Attorney Date: 8/14/2013 11:09:07 AM Packet Page -2957- 9/10/2013 16.J.10. Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage rte, Date: 8/27/2013 12:52:45 PM Name: DurhamTim Date: 8/27/2013 1:38:18 PM Aolik Packet Page -2958- ,iyql, 9/10/2013 16.J.10. p ill .l' tyt` ,41, `4fi r' FLORIDA DEPARTMENT Of STATE , RICK SCOTT KEN DETZNER Governor Secretary of State MEMORANDUM To: Supervisors of Elections r I From: Maria Matthews, Esc', , ` Director, Division of Efee s Date: July 18, 2013 Subject: FY 2013-14 Federal Election Activities Funds The 2013 Legislature appropriated $2,000,000 from the Help America Vote Act funds. These funds are allocated and will be distributed to the Supervisors of Elections based on a formula using the number of active registered voters in each county as of the 2012 General Election's book closing. These funds can only be spent for any of the following federal election activities: • Voter education; • Poll worker training; • Standardizing election results reporting; i • Other federal election administration activities, as approved by the Department of State, such as implementing and maintaining the provisions of the Military and Overseas Voter Empowerment (MOVE) Act and the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA); or • Any software or hardware 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 recount processes, and the certification of accurate and complete official election results. Such technology or any pilot program that uses such teclunology must first be certified or approved, whichever is applicable, by the Denarnnen: &Stair. Additionaliv. before the Supervisor can receive and use funds, u nurcnasr emerging or ennancin<_r technoioev in this category, the county suervisc: o elections and the chairperson of the county governing body must certify that the county has purchased and made available sufficient 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 next regularly scheduled general election. oi Division of Elections lily/ ! R.A. Gray Bldg., Rm. 316 • 500 S Bronough St. • Tallahassee, Florida 32399-0250 _....wit,,,, Telephone: (850) 245-6200 • Facsimile: (850) 245-6217 elections.myflorida.com VIVA FLORIRA M. Commemorating 500 yea Packet Page -2959-'-Y www.fla500.com VIVA IfA RIBA C_ I 9/10/2013 16.J.10. FY 2013-2014 Federal Election Activities Funds *ow July 18, 2013 Page 2 of 2 In order to receive and use these funds, you must execute the following documents which are attached: • Memorandum of Agreement, Receipt and Use of HAVA Funds for Federal Election Administration Activities, MOA#2013-2014-0001 (Supervisor of Elections must sign) • Attachment A, Compliance Requirements • Attachment A-1, Federal Election Activities Plan,form DS-DE 126(Supervisor of Elections must complete and return) o Simply place an X in the box for the programs that you plan to carry out this fiscal year, and place an X in the box for the topics that apply to each activity. Please also put an X in the appropriate boxes indicating which funds will be used for each activity. There is no need to enter specific dollar amounts on the plan. The dollar amounts will be addressed when you submit your annual financial report due December 31, 2013. If you need to make any changes to your original plan, the revised plan must be submitted in advance of the purchase, in writing and approved by the Department of State. • Attachment A-2,Certifiicate Regarding Matching Funds,form DS-DE 127 o The Chairperson of the Board of County Commissioners must certify in writing that the county will match the state funds with a 15% county match. If the county governing body fails to appropriate the matching funds, the Supervisor must return or repay to the State a portion of the funds for which the matching funds applied. Both the federal funds and the county matching funds must be held in a separate interest bearing account to be used solely for federal election activities purposes. • Attachment A-3, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, ED form GCS-009 (Supervisor of Elections must sign) • Attachment A-4. Certificate of Bpi nmeni,for Casting and Counting Ballots,form DS-DE 135 (if applicable, the Supervisor of Elections and the Chairperson of the Board of County Commissioners must sign) • Attachment B. FY 2013-14 Federal Election Activities Funds Spreadsheet. Please return all of these documents to the Division of Elections. You will be provided a copy of the agreement upon execution by the Division. I� ;,u have any questions, please don't nesitaLe to contact me or the. HAVA team. MM/jd/ma Enclosures Packet Page -2960- 9/10/2013 16.J.10. RECEIPT AND USE OF HAVA 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, 3295 Tamiami Trail E., Rev. Dr. MLK, Jr. Building, Naples, FL 34112-5758. This agreement is effective as of the date fully executed by the parties. 1. GOVERNING LAW The Department is authorized pursuant to specific appropriation 3106 of the 2013-2014 General Appropriations Act (see section 6, chapter 2013-040, Laws of Florida), to disburse a total of $2,000,000 from the Federal Grants Trust Fund (HAVA Account #261011) to the county supervisors of elections for the fiscal year 2013-2014 ("FY 2013-2014 funds"). Therefore, funds are made available through section 251 of the Help America Vote Act of 2002 (HAVA) and the Catalog of Federal Domestic Assistance (CFDA) 90.401, Help America Vote Act Requirements Payments for improving the administration of federal elections. II. SCOPE OF USE AND RESTRICTIONS The funds granted shall be used for federal election administration activities as more specifically set forth in paragraph 1 of Attachment A, which is hereby incorporated by reference. In addition, the FY 2013-2014 funds shall: • Be used to support election activities related only to federal elections (that is, elections in which a federal candidate is on the ballot). If any of these funds are used for an election in which a federal candidate is not on the ballot, the cost must be pro-rated for the portion of the expenditure that is allocable to a federal election. • Not be used to support state or federal lobbying activities but this does not affect the right, or that of any other organization to petition Congress, or any other level of Government, through the use of other resources. • Not be distributed until the Supervisor first submits in accordance with paragraph 2 of Attachment A: 1) A. Federal Election Activities plan (D:,-:1): 12E. Revised $ 4/?01_' tnr. Details me oiannec use of the funds; 2 ertificatior: from tnccmunT'.' "overnln: r)ocrc provide matching funds equal to 15% of the HAVA funds received, (DS-DE 127, Revises 6/4/2013; 3) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions form; and 4) if applicable, Certificate of Equipment for Casting and Counting Ballots (DS-DE 135, Effective 7/10/13). Any change, modification or deviation from the activities or expenses initially provided in the plan for use of the funds must be reviewed and approved by the Department prior to expenditure. MOA# 2013-2014-0001 Packet Page -2961- 9/10/2013 16.J.10. Amok • Be placed in a separate interest bearing account in a qualified public depository as set out in section 280.03, Florida Statutes, and in accordance with accounting requirements as set forth in paragraphs 3 and 4 of Attachment A. • Be reported timely and accounted for in accordance with this agreement and specifically paragraphs 5 and 6 of Attachment A, including any request for supplemental clarification or documentation. Ill. DISBURSEMENT The Department shall distribute to each eligible county supervisor of elections an amount equal to the funding level per voter multiplied by the number of active registered voters in the county for the 2012 General Election. The Supervisor shall receive a sum certain as outlined in Attachment B, incorporated by reference. IV. MONITORING,AUDITS,AND REPORTING The administration of resources awarded to the Supervisor is subject to the following monitoring, audits, and reporting: A. Monitoring In addition to reviews of audits conducted in accordance with OMB Circular A-133 (as revised), oak the Department may provide additional monitoring including on-site visits, and/or other procedures permitted under federal and state law. The Supervisor shall comply and cooperate with any monitoring procedures/processes the Department deems appropriate. The Department shall closely monitor the Supervisors' annual expenditure reports required by paragraph 5 of Attachment A to ensure that the Supervisors expend HAVA funds in accordance with approved plans and will require reimbursement for all expenditures not approved or otherwise authorized. Also, the Department shall ensure that Supervisors report the expenditures made with HAVA funds separately from expenditures made with county funds. B. Audits 1. Federal audit/OMB Circular A-133 (as revised) If the Supervisor expends $500,000 ($300,000 for fiscal years ending before December 31, 2003) or more in federal awards in its fiscal year, a single or program-specific audit must be conaucte: i,, accoroance with the provisions o` OMB Circular A-1S3 (as revised). Tni ma pE satisfies o ar audit o' the Supervisor of Elections conducted by the Auditor General in accordance with OMB Circular A-133 (as revised). In determining the federal awards expended in its fiscal year, the Supervisor shall consider all sources of federal awards. Attachment A indicates federal resources are being awarded under this Agreement. The determination of amounts of federal awards expended shall be in accordance with the guidelines established by OMB Circular A-133 (as revised). In connection with an audit herein, the Supervisor shall fulfill MOA# 2013-2014-0001 Packet Page -2962- 9/10/2013 16.J.10. Department for audits conducted in accordance with the aforementioned circular or Rules of the Auditor General, the Supervisor shall include within the information the date the Supervisor received the reporting package. V. 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. The Supervisor shall retain in accordance with the guidelines of the Department of Financial Services and the Office of the Auditor General these records 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. Failure to provide adequate documentation shall result in a request to return the funds to the Department. VI. 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 the prevailing party will be entitled to its reasonable attorney's fees from the other party. The parties agree that proper venue will be in Leon County, Florida. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their undersigned officials as duly authorized. Count'r\Supervisor of Elections'' Department of State, Division of Elections t-- Printed nameaan, title_ Printed name and title !Witness t Witness Date. --- .F _ Dais: 4 n County FEID Number r Please complete, sign &return this Agreement and the required certifications to JoyceDufti , HPUA Funcis;Coordinator„ Floc da Department ofState Division of Elections a Buald Roiom 316 500 Sn treet,,Tallahasse ,V Bronough S _ e Florida 323990250 MOA# 2013-2014-0001 _a_ Packet Page -2963- 9/10/2013 16.J.10. the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133 (as revised). If the Supervisor expends less than $500,000 ($300,000 for fiscal years ending before December 31, 2003) in federal awards in its fiscal year, an audit pursuant to OMB Circular A-133 (as revised), is optional. If the Supervisor 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., from sources other than federal entities). 2. Other audits The Department may conduct a limited scope audit of federal funds as defined by OMB Circular A-133 (as revised) or other financial analysis or review of federal funds as permitted by federal law. In the event the Department determines that such audit analysis, or review is appropriate, the Supervisor agrees to comply with any additional instructions provided by Department staff to the Supervisor regarding such process. If the Department determines that federal funds received under this Agreement were used for any unauthorized purpose or that the Supervisor did not comply with this agreement or state or federal requirements for receipt, expenditure, or accounting,the Supervisor must return or repay these federal funds in an amount sufficient to ensure or obtain compliance, including expenses for any corrective or remedial action. Additionally, the Department may withhold funds, otherwise due, in an amount sufficient to cover any costs associated with the limited scope audit or financial analysis or review to determine or ensure compliance. The Supervisor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits of federal funds deemed necessary by the Department of State, Chief Financial Officer (CFO) or Auditor General. 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.gov. C. Reporting Copies of financial reporting packages as described in section .320(c), OMB A-133 (as revised) for audits conducted by or on behalf of the Supervisor pursuant to Section IV.B.1 of this agreement, shall be submitted as required by sections .320(d) of such circular to: Department of Stare Department of State Auditor General's Office Federal Audit Clearinghouse Division of Elections Office of Inspector General Room 401,Pepper Bldg Bureau of the Census R.z, Gray Building,Sr_e 3S" "./ Grav Blag., Rrn 405 112 Wes'Madisor.Sr 1202 East 1Cth s:. 5002.Bronouc, 5rree 501 2. Bronoua,rStreet Tallahassee, F- Jeffersonvil;°_, INr40_2_ 7alianasse_,F 32399-0250 Talianassee,F..32399-0251 32399-I45G Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f), OMB Circular A-133(as revised). Any reports, management letter, or other required information shall be submitted timely in accordance with OMB Circular A-133 (as revised), the Florida Single Audit Act, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. When submitting financial reporting packages to the MOA# 2013-2014-0001 - 3 - Packet Page -2964- 9/10/2013 16.J.10. ATTACHMENT A to MOA# 2013-2014-0001 Federal :Program: 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 under this agreement are as follows: 1. The Supervisor shall only use the FY 2013-2014 Funds (amount specified in Attachment B) for one or more of the following federal election administration activities: • Voter education; • Poll worker training; • Standardizing election results reporting; • Other federal election administration activities, as approved by the Department of State, such as implementing and maintaining the provisions of the Military and Overseas Voter Empowerment (MOVE) Act and the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA); or • Any software or hardware 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 recount processes, and the certification of accurate and complete official election results. Such technology or any pilot program that uses such technology must first be certified or approved, whichever is applicable, by the Department of State. Additionally, before the Supervisor can receive and use these funds to purchase emerging or enhancing technology in this category, the county supervisor of elections and the chairperson of the county governing body must certify that the county has purchased and made available sufficient 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 next regularly scheduled general election. See Certificate of Equipment for Casting and Counting Ballots as set forth in the last bullet point in paragraph 2 of this attachment. These are the acceptable uses for the funds under the categories listed above: • Mailing or publishing sample ballots which must include additional information on voting procedures, voting rights or voting technology; • Voter information cards which must include additional voter education information or voting procedures, voting rights or voting tecnnologr • Aovertisin€ or puoi::allon:, outlining voting u : right, tecnnology; • Voting System demonstrations; • Poll worker training stipends; • Training materials for poll workers; • Voter guides which must include voter education information concerning voting procedures, voting rights, or voting technology but shall not contain elected officials' contact information other than the supervisor's contact information; or Page 1 of 3 Packet Page -2965- 9/10/2013 16.J.10. otok • Maintaining online or web-based absentee ballot request and ballot tracking and precinct-finder system as relates to use in federal elections and for the costs for upgrades and future license fees and maintenance fees for the MOVE Act and other UOCAVA expenditures. 2. Prior to receipt of FY 2013-2014 funds under this Agreement, the Supervisor must additionally submit to the Department: • A Federal Election Activities Plan (DS-DE 126, Revised 6/4/2013) that contains a detailed description of the Supervisor's plan to use the funds for federal election administration activities and include the source of funds (federal, county matching funds and other county funds (local) being used for each federal election activity set forth in the plan. This form is attached hereto as Attachment A-1. • A written certification from the county governing body (e.g. Board of County Commissioners) (DS-DE 127, Revised 6/4/2013) that the county will provide matching funds in the amount of 15%. This form is attached hereto as Attachment A-2. If the county governing body fails to appropriate the matching funds, the Supervisor must return or repay to the State the portion of the funds for which the matching funds applied. • A completed ED Form GCAS-009 (6/88), entitled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions", and Attlik attached hereto as Attachment A-3. [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.] • A completed "Certificate of Equipment for Casting and Counting Ballots", attached hereto as Attachment A-4 (DS-DE 135, Effective 7/10/13). 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 in the last bullet under paragraph 1. 3. The Supervisor must establish and maintain the FY 2013-2014 funds in an interest bearing account in a "qualified public depository" as required by section 280.03, Florida Statutes. The Supervisor must segregate funds for federal election administration activities and required county matching dollars in a separate account established to hold only those funds. Any funds remaining at the end of the fiscal year shall remain in the account to be used fa-the sam€ Purpose: for subsequent year: or until such funds are Tully expended. Please note that separate public depository requirements apply under chapter 280, Florida Statutes, but are outside the scope of enforcement of this agreement. You will be required to execute and retain in your records a "Public Deposit Identification and Acknowledgment Form" (DFS-JI-11295) and to submit a Public Depositor Annual Report (DFS-J1-2009) to the Public Deposits Program, Florida Department of Financial Services. Refer to Avow Page 2 of 3 Packet Page -2966- 9/10/2013 16.J.10. http://www.fltreasury.org/ for forms; and for more information, contact the program administrator at: 850-413-3383 or 850-413-3324. 4. The Supervisor shall maintain separate accounting records for each of the funding sources identified under its plan submitted pursuant to paragraph 2. 5. The Supervisor shall submit the following written financial reports to the Department: • One-time annual report for all actual expenditures from the date of receipt through September 30, 2013. Report forms will be provided by the Department (DS-DE 128, Revised 7/5/11). The report must include documentation (such as appropriation statement, committee meeting minutes approving appropriation, or account statement) that the county governing body appropriated matching funds as certified under paragraph 2. Failure to appropriate the matching funds must be reported to the Department. This report is due on or before December 31, 2013. Each financial report shall include the billing or itemized receipts in support of the expenditures for the services or products used to provide voter education concerning voting procedures voting rights or voting technology. If deemed necessary after review of a financial report, you may be asked and will be required to provide any requested supplemental documentation. For products, that may include a copy of or the actu?l product or publication and an indication of how many individual items were produced or printed, or for services, that 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. • Annual remaining balance report for unspent HAVA funds remaining on June 30 of each year being reported. The report form will be provided by the Department (DS-DE 129, Revised 7/5/11). This report is due on or before July 31 of every year until such funds are fully expended. 6. Copies of any reports or other submissions required by paragraphs 2 and 5 of this Attachment shall be submitted by or on behalf of the Supervisor directly tc: Department of State, Division of Elections, R.A. Gray Building, 500 S. 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N Q V N "O O ._ c c 7 7 m z 0 0 LL u 0 V C o w J LIJ 0 - < c V c Q c C >, L" O io Iy 4 X W V 2 D.. ❑ @ D it' M 7 F e�-1 _ i Q N I n m a, > _ w N ,-i -c : O x!� _. O.LL Z s' N tO a O L � 'm v c -o > m G > o Q) (° _- r . - A _ > t�7 N u y u .- Q V N -° O O s a `n a s 5 ? > . (ca m' > u co CU W c N a) vO u ° r ° co o N m u al 'a p v u c m co "p .D to C v ro v C Z -, ;, ° O. F.- v 7-. O v 12, w c _ 3 m o N m u. _ 0 3 .E c TA'° .Q m e v ° o ° N Cl ++ • �' = p 0 -O c ?- L V7 N _ _C O co L W c = 7 C d " - co O c s v O = O _ - E i 9/10/2013 16.J.10. ATTACHMENT A-2 of MOA 2013-2014-0001 Certificate Regarding Matching Funds I, Georgia A. Hiller , Chairman of the Board of County Commissioners of Collier County, Florida, do hereby certify that the Board of County Commissioners will provide matching funds for the Federal Election Activities grant in county FY 2013-2014 to the Supervisor of Elections in an amount equal to at least 15% of the amount to be received from the state, which for Collier County is $4,538.79. I understand that if the Board fails to appropriate the matching funds, all funds received from the state for this grant during the 2013-2014 state fiscal year will be required to be returned to the Department of State. Chairman, Board of County Commissioners Georgia A. Hiller September. 10, 2013 Date Approved as to form and legality DWIGHT BRO K, CLERK Scott R. teach,Deputy County Attorney DS-DE 127 Revised 6/4/13 Packet Page -2973- i 9/10/2013 16.J.10. Attachment A-3 to MOA 2013-2014-0001 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 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. / r i i / (---4/62'•' '\ Name and i.tle of Auto sized Representative Signature Date ED Form GCS-009,6/BE Packet Page -2974- 9/10/2013 16.J.10. INSTRUCTIONS FOR CERTIFICATION 1. 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 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 obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered 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. 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 covered 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). 6. 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 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 th_ fe.ocr2j ronm-tmen'. th denartmen' or agency with which th:- transaction Orininait ma,,' nun 1.1 tnaiudina suspension and/or debarmen: ED Form GCS-009,6/88 Packet Page -2975- 9/10/2013 16.J.10. ATTACHMENT B to MOA 2013-2014-0001 DEPARTMENT OF STATE DIVISION OF ELECTIONS FEDERAL ELECTION ACTIVITIES FY 2013-2014 2012 Federal Election County General Activities Matching Election Funding Funds County Registered Voters Per County 15% Alachua 164,912 $ 27,636.31 $ 4,145.45 Baker 14,006 $ 2,347.16 $ 352.07 Bay 112,915 $ 18,922.54 $ 2,838.38 Bradford 15,491 $ 2,596.01 $ 389.40 Brevard 380,469 $ 63,759.81 $ 9,563.97 Broward 1,140,454 $ 191,119.72 ' $ 28,667.96 Calhoun 8,278_ $ 1,387.24 $ 208.09 Charlotte 115,050 $ 19,280.33 $ 2,892.05 Citrus 98,639 $ 16,530.13 $ 2,479.52 Clay 132,585 $ 22,218.88 $ 3,332.83 Collier 180,560 $ 30,258.63 $ 4,538.79 Columbia 35,539 $ 5,955.70 $ 893.36 DeSoto 16,376 $ 2,744.33 S 411.65 Dixie 10,229 $ 1,714.20 $ 257.13 Duval 557,282 $ 93,390.51 $ 14,008.58 Escambia 198,275 $ 33,227.35 $ 4,984.10 Flagler 69,597 $ 11,663.21 $ 1,749.48 Franklin l 7,174 $ 1,202.23 $ 180.34 1 29,625 $ 4,964.62 $ 744.69 Gadsden� 29,625 Gilchrist 11,121 $ 1,863.68 $ 279.55 Glades 6,668 $ 1,117.44 $ 167.62 Gulf 9,030 $ 1,513.27 $ 226.99 Hamilton 7,963 $ 1,334.46 $ 200.17 Hardee 12,312 $ 2,063.27 S 309.49 Henary 17,264 $ 2,893.14 $ 433.97 Hernando 123,346 1 8 20,670.59 5 3,100.59 Highlands 62,076 j $ 10,402.83 $ 1,560.42 Hillsborough 747,587 I $ 125,282.23 $ 18,792.33 Hoimes ■ 11,560 i $ 1,937.25 $ 290.59 Indian River 93,569 $ 15,680.49 $ 2,352.07 Jackson 1 . 29,003 $ 4,860.38 $ 729.06 Jeffersor 9,517 ; S 1,594.88 5 239.23 Lafayette j 4,568 765.52 I $ 114.83 Lake 201,652 ; - 33,793.27 5 5,068.99 I !Le- ?c:iE.94- _ 6E,180.57 ; 5 S.777.06 sec. _90,574 ' _ 31,936.80 ' 5 4,790.52 Levy j 25,053 i $ 4,198.44 $ 629.77 Liberty i 4,410 S 739.04 $ 110.86 Madison 12,001 $ 2,011.15 $ 301.67 Manatee 209,468 $ 35,103.10 $ 5,265.46 Marion 223,478 $ 37,450.92 $ 5,617.64 Martin 101,835_ $ 17,065.73 $ 2,559.86 Miami-Dade 1,313,850 $ 220,177.79 $ 33,026.67 Monroe 51,524 $ 8,634.50 $ 1,295.18 Nassau 51,607 $ 8,648.41 S 1,297.26 Okaloosa 128,865 $ 21,595.47 $ 3,239.32 Attach B-FEA Funds FY 2013-2014-FINAL Packet Page -2976- 7/17/2013 9/10/2013 16.J.10. ATTACHMENT B to MOA 2013-2014-0001 DEPARTMENT OF STATE DIVISION OF ELECTIONS FEDERAL ELECTION ACTIVITIES FY 2013-2014 • 2012 Federal Election County General Activities Matching Election Funding Funds County Registered Voters Per County 15% Okeechobee 19,185 $ 3,215.06 $ 482.26 Orange 690,645 $ 115,739.77 $ 17,360.97 Osceola 163,384 $ 27,380.24 $ 4,107.04 Palm Beach 870,186 $ 145,827.63 $ 21,874,14 Pasco 310,322 $ 52,004.42 $ 7,800.66 Pinellas 626,348 $ 104,964.74 $ 15,744.71 Polk 351,119 $ 58,841.27 $ 8,826.19 Putnam 43,581 $ 7,303.40 $ 1,095.51 St.Johns 152,849 $ 25,614.76 $ 3,842.21 St.Lucie 175,554 $ 29,419,71 $ 4,412.96 Santa Rosa 116,941 $ 19,597.22 $ 2,939.58 Sarasota 277,672 $ 46,532.87 $ 6,979.93 Seminole 277,376 $ 46,483.26 $ 6,972.49 Sumter 73,946 $ 12,392.03 $ 1,858.80 Suwannee 25,043 $ 4,196.76 $ 629.51 Taylor 12,585 $ 2,109.02 $ 316.35 Union 7,313 $ 1,225.53 183.83 • Volusia 332,556 S 55,730.45 $ 8,359.57 "Nakulia I 18,501 $ 3,100.44 $ 465.07 Walton 38,368 $ 6,429.79 $ 964.47 I Washington 14,668 f $ 2,458.09 I $ 368.71 1TOTAL 11,934,446 $ 2,000,000.00 $ 300,000.00 I FY 2013-2014 APPROPRIATION-FEDERAL ELECTION ACTIVITIES $2,000,000 2012 General Election-Total No.of registered voters in the state 11,934,446 FUNDING LEVEL PER INDIVIDUAL VOTER $0.1676 (Based on FY 2013-2014 appropriation for Federal Election Activities divided by the total number of registered voters in the state fo-the 2012 General Election.) Attach B-FEA Funds FY 2013-2014-FINAL Packet Page -2977- 7/17/201 3