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Agenda 09/11/2018 Item #16J 209/11/2018 EXECUTIVE SUMMARY Recommendation to approve a budget amendment recognizing Elections Security Grant funds under the Help America Vote Act in the amount of $261,657.34. OBJECTIVE: To obtain approval of a budget amendment recognizing Elections Security Grant funds. CONSIDERATIONS: Pursuant to the Omnibus Appropriations Act of 2018 enacted on March 23, 2018, $380 million in grants were allocated to States to improve the administration of elections for Federal office, including enhancing technology and making certain election security improvements. Through a formula described in Sections 101 and 1043 of the Help America Vote Act (HAVA) of 2002 (Public Law 107-252), Florida was allocated $19,187,003. The State’s non-federal match requirement for this award is $959,350 (5% of the Federal funds) to be satisfied over a two-year period. Of the $19,187,003 distributed to the State of Florida, the Florida Legislative Budget Committee has authorized the Department of State (“Department” hereinafter) to distribute among Florida’s 67 county Supervisors of Elections (“Sub-recipients” hereinafter) a sum total of fifteen million, four hundred and fifty thousand dollars and no cents ($15,450,000) in non-recurring funds for use in the 2018 Primary and General Elections. This authorization is made pursuant to 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”). FISCAL IMPACT: The Collier County Supervisor of Elections will receive $261,657.34 from the Florida Department of State to be appropriated in the Supervisor of Elections budget with definitive project tracking. Anticipated interest is also being budgeted in the amount of $100.00. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issue, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the budget amendment recognizing $261,657.34 in Elections Security Grant funds be approved. Submitted by: Jennifer J. Edwards, Supervisor of Elections ATTACHMENT(S) 1. SOE MOA (PDF) 16.J.2 Packet Pg. 2649 09/11/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.J.2 Doc ID: 6351 Item Summary: Recommendation to approve a budget amendment recognizing Elections Security Grant funds under the Help America Vote Act in the amount of $261,657.34. Meeting Date: 09/11/2018 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 08/02/2018 10:03 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 08/02/2018 10:03 AM Approved By: Review: Grants Erica Robinson Level 2 Grants Review Completed 08/23/2018 1:40 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/23/2018 2:27 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/23/2018 2:30 PM Office of Management and Budget Laura Wells Additional Reviewer Completed 08/23/2018 2:54 PM Grants Therese Stanley Additional Reviewer Completed 08/24/2018 12:56 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/03/2018 6:35 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM 16.J.2 Packet Pg. 2650 MEMoRANDUM oF AGREEMENT FoR EI.ECTIONS SEcUR|TY GRANT UNoER THE HEtP AMERIcA VoTE ACT Thls agreement ls between the State of Florlda, Department of state, Dlvlslon of Electlons ("Department"), an agency ofthe state of Florida, and &nn[.rJ. E trv!.dr Supervisor of Elections forg!!g County, Florlda). This agreement Soverns the receipt and us€ of f€deralfunds as speclfled hereln. l, Governlng Law Pursuant to the Omnlbus Appropriations Act of 2018 enacted on March 23, 2018, S380 mllllon ln grants were allocated to states to lmprove the admlnlstratlon of electlons for Federal offlce, lncludln8 to enhance technolo8y and make certaln electlon securlty lmprovements. ThrouSh a formula descrlb€d ln Sectlons 101 and 1043 ot the Help Amerlca Vote Act (HAVA) of 2002 (Publlc l-aw 107-252), tlorlda was allocated S19,187,003. The State's non-federal match requlrement for thls award ls S959,35o (5X ofthe Federal funds) to b€ satlsfied over a two-year perlod, of the S19,187,003 dlstribut€d to the state of Florlda, the Florlda leglslatlve Budget Commltlee has authorlzed the Department of State ("Depaftmenl" herelnafter) to dlstrlbute among Florida's 67 county supervlsors of Electlons ('5ub-reclpients" herelnafter) a sum lotal ofllfteen mllllon, lour hundred and flfty thousand dollars and no cents (S15,450,000) ln non'recurrlng Iunds for use in the 2018 Prlmary and General Electlons. Thls authorlzatlon is made pursuant to secllon 251 of the Help Amerlca Vote Act of 2002 (HAVA) and the CataloS of Federal Domestk Asslstance (ctDA) 90.401 ("Help Amerlca Vot! Act Requirements Payments"). ll. Scope of Work, Deliverables, Restrlctlons A. Scope of Work tunds provlded under thls agreement shall be used for advance payment for allowable expenses to enhance electlons securlty for the 2018 Prlmary and 6eneral Electlons. Those allowabh expenses and the timellne by when requesls must be submltted and funds musl be sp6nt are descrlbed below ln treater detallln the tabk ln subsectlon L 8. Dsllvsr8blss, Mlrimum Levsls of Scrvlcr, .nd Flnanclal Consequoncos 0ellverables (Optlon I and/or Z) Mlnlmum level of Servlce Flnanclal Consequences 1. tederalElectlon Admlnlstratlon Actlvltles - The purchase of servlces and/or products that do the followlnt for the 2018 Prlmary andlor General Elecllons:. Strengthen the lmplsmentatlon of cybersecurity for electlon systems. Enhance electk n Sub-reclplenl has from June 20, 2018 throuSh July 18, 2018 to submll an appllcetlon for these grants uslng the Dos Onllne Grants protram. At the tlme of Srant appllcatlon, sub- reclplent shallprovlde a detalled descriptlon of the servkes and/or products to be provlded, recelved and/or used for the 2018 Prlmary Electlon and/or ceneral Electlon. An inltlal appllcatlon for funds not requested by July 1& 2018, are Iorfelted to the Department, Any funds, lncludlng lnterests accrued, remalnlnS after November 6, 2018, or not otherwlse MOA″2018・ 2019・ 001‐Page 1 of 5 16.J.2.b Packet Pg. 2651 Attachment: SOE MOA (6351 : SOE Elections Security Grant) technology Facilltale cybersecurity ralnlng for local electlon offlclals lmplement establlshed cybersecurlty best practlces For electlon systems Contlnue electlon admlnlstrallon actlvlties lncludlng, but not llmited to, voter education, poll worker tralning, and standardlzint electlons results reporting No later than November 6, 2018, General Electlon Day, sub-reclplent shall have expended and/or encumbered for servlces and/or produc{s to be used or lmplemented. Sub-reclplent shallsubmlt a final expendlture report due no later than December 15,2018, that also lncludes documentation evidencinB the servlces and/or products purchased, used and/or implemented for the 2018 Prlmary and/or General Ehctlon. encumb€red for servlces and/or products recelved or provlded on or before November 6, 2018, must b€ returned to the Department, no later than December 15, 2018. Any funds determined not to be expended ln accordance wlth thls agreemenl shallbe forfelted and returned to the Department, wlthln 30 days atter the date of written notlce. 2. Votlng Systems Asslstance - fhe purchase of services and/or products that do the followlnS for the 2018 Prlmaly and GeneralElections: Upgrade electlon-related computer systems to address cyber vulnerabllltles Sub-reclpient has between June 2or 2018 and ruly 1& 2018 to submlt an eppllcallon for these trants uslng the Dos onllne Grants program. At the tlme of grant appllcatlon, Sub- reclplent shell provlds a detalled descrlptlon of the servlces and/or products to provlded, recelved and/or used for the 2018 Prlmary Electlon and/or General Electlon. No later than November 6, 2018, General Electlon Day, sub-reclplent shall have expended and/or encumbered for services and/or products to be used or implemented. sub-reciplont shall submlt a final expendllure report due no laterthan December 15, 2018, that also Includes documentatlon evldencinS the servkes and/or products purchased, used and/or lmplem€nted for the 2018 Prlmary and/or GeneralElccllon. An lnltlal Eppllcatlon for funds not requested by ,uly 18, 2018, are forfelted to the Oepartment. Any funds, Includlng interests accrued, remalning after November 6, 2018, or not othen rlse encumbered for servlces and/or products recelved or provlded on or before November 6, 2018, must be returned to the Department, no later than December 15, 2018. Any funds determlned not to be expended ln accordance wlth thls agreement shallbe fortelted and returned to the Department, wlthln 30 days afterthe date of wrltten notice. MOA"2018-2019‐001‐_Pase 2 of 6 16.J.2.b Packet Pg. 2652 Attachment: SOE MOA (6351 : SOE Elections Security Grant) C. Rcquert and Dlsburs€ment Procesg The Department shall dlstribute to €ach ellglblo Sub-reclplent upon r€quest and submlsslon of a complet€d grant applicatlon a mlnimum payment amount ot flfty thousand dollats (S50,0q)) plos a proportlonal amount based on the 2010 Census vollng a8e populatlon. The amount p€r county ls based on the aggretated remaining amount ot the total grant tor the 67 Sub-reclplents dlvlded by the total number ot votlng ate populatlon for the State ln the most recent decennlal and then multlplled by the respectlve county's voting age populatlon. The amount that each ellglble Sub-reclplent may recelve ls set forth ln Attachment A. ln order to recelve funds, the 5ub-reclplent shall submlt a complete grant appllcatlon between ,une 20, 2018 and July 18, 2018, uslng the Department of State's Onllne Grants Protram at http://www.dosgrants.com. The appllcatlon must contaln a descrlptlon o, the plan to be implem€nted. Additlonally, before the sub-reclplent may recelve funds, the Sub-reclplent must submlt the followlry: 1, A completed EO torm GCAS-oO9 (6/88), entitled "Certlficotion Regodlng Deborhent, Suspenslon, lnellglblllty, ond Voluntoly Fxcluslon Lowet fiet Covered Tronsoctlons", and attached hereto as Attachment B. IExecutlve order 12549, Debarment and suspension,45 ctR 1183.35, prohlblts the dlsbursement oI federal lunds to the lntended reciplent of such funds or to any sub-reclptent thereunder unless such reclplent and each sub-reclplent, lf any, certifY that they are not excluded or dlsquallfled from receivlng federal funds by any federal department or agency.) 2. A completed "certltlcate of Equlpment for Casllng and countlng Ballots" (DS-DE 135, Effective 8/16I attached hereto ss Attachment C. Thls ls requlred lf the request, ln part oI ln full, ls to use HAVA funds for the purpose of purchrslnS emerglng or enhandng software and hardware technology. D. Flnal Expendlturo Roport The Sub-reclplent must provlde a flnal expendlture report lncludlng supportlng documentatlon evldenclng allowable expenses no later than November 30, 2018. supportlng documentation shall include lnvolces, canceled checks, purchase orders, vendor clntracts, and other records that detallthe servlces or products provlded and the costs of such servlces and,/or products. tallure to submll the report may result ln lmmedlate forfelture of all fund!, lncludlng any lnterest accrued' Any tunds determlned not to be expended In accordance wlth thls agreement shall be forfeited and retumed, Includlng any lnterest earned, to the Department wlthln 30 days of wrltten notlce E. Restrlctlons Sub-reclplenl shall not use any funds received hereunder to support lobbylng actlvltles to lnfluence proposed or pendlng federal or state leglslation or approprlatlons, but this does not alfect the right of the sub-reclpl€nt, or that of any other orSanizatlon to petltlon congress, or any olher level of Government, through the use of other resources. lf the su b-reclplent expends any lunds on expenses that ar€ nol allowable, the Sub-reclplent must relmburse lmmediately the Department the funds, not otheIwlse expended for allowable costs, lncludlnB any lnterest earned durlng the term of thls agreement. tf the sub-recipient recelves advanced funds, the Sub-reciplent must establlsh and malntaln these publlc funds ln an interest bearlnS account ln a 'quallfled publlc deposlton/ as deflned by sectlon 280.02(26), MOA“2018‐2019‐001‐PaSe 3 of 6 16.J.2.b Packet Pg. 2653 Attachment: SOE MOA (6351 : SOE Elections Security Grant) Florlda statutes, The sub-recipicnt ,nust seSregate the funds ln a separate account establlshed to hold onlysuchlunds. Sub-reciplent must comply wlth the appllcable requlrements of chapter 280, lncludlnt but not llmlted to: . The executlon and retentlon ln your oftlclal records of a Publlc Deposlt ldentlllcatloo and Acknowledrement Form. . The submlsslon each yeal by Nov€mber 3otiof a Publlc Deposltor Annual Report to the chlef Flnanclal offlcer (ot5-J1-1009) For more lnformatlon refer to the Governmental Unlts weboare or contact lhe Pro8ram Admlnlstrator at 850-413-3167. lll, Payments The su b-reciplent ls encouraBed to use electronlc funds lransfer (EFT) to recelve payment as an alt€rnatlve to recelpt of payment by warrant, All Sub-reclplents wlshlng to recelve funds through elecronlc funds transfer musl submlt a![gg!.]ql!9ilLl\UltrgdlallglthM to the Florlda Department ot Financial servlc€s, lf EFT has already been set u p for your oBanlzatlon, you do not need to submlt another authorkatlon form unless you have chanSed bank accounts. lV. Monltorlng, Audlts, and Audit Reportlng The admlnlstratlon of rcsources awarded to the sub-reclplent, as lndlcated on Attachment D- Exhlblt 1, may be subject to monltorln& audlts and reportlnS requlrements hereln. A. Monltorlng ln addltlon to revlews of audits conducted ln accordance wlth oMB clrcular A-133, as revlsed, and sectlon 215.97, t,S., (see Part B "Audlts") monllorlnE procedures may lnclude, but not be llmlted to, on- slte vislts by Department staff, llmlted scope audlts as deflned by OMB Clrcular A-133, as revlsed, and/or other procedures. (s€e Attachmlnt o) Byenterlnt lnto thls agreement, the SutsreclPlent a8rees to comply and cooperate wlth any monltorlng procedures/processes the Department deems approprlste. a. Audlts 1, Federully Funded Audlts (oMBc'/.(]ularA-133, as revlsed ln supplemental 2017.) ln the event that the Sub-reclplent expends S75o,OOO or more ln tederal awards ln lts flscalyear, the Sub-reclplent ls t.qulted to have a single or program-speclllc audlt conducted in accordanc€ with the provlslons ofoMB clrcular A-133, as revlsed. ln determlnlnS the Federal awards expended ln lts flscal year, the Sub-reclplent shall conslder allsources of Federal awards, lncludlnt Federal resources recehed from the Deparlment. The determlnatlon of amounts of Federal awards expended should be ln accordance wlth lhe guldellnes establlshed by oMB clrcular A-133, as ]evhed. An audlt conducted by the Auditor ceneral must satlsfy the requlrements of subpart E of oMB Clrcular A-133, as revlsed ln connectlon wlth the audlt requlrements the Sub-reclplent shall fulflllthe responslbllltles of an audltee as provlded ln Subpart C of OMB Clrcular A-133, as fevlsed. lf the sub-reclplent expends less than $75o,ooo ln Federal awaJds ln lts flscalyear, an audlt b not r€qulred, The Sub-reclplent, however, must make records avallable for revlew or audlt upon request by approprlate offlclals of U.S. Electlon Asslstance commlsslon, the Department, and the Genelal AccountlnS oftlce (GAo), lf the Sutsreclplent elects to have an audlt conducted ln accordance wlth the MOA“2018-2019-001‐Page 4 of 6 16.J.2.b Packet Pg. 2654 Attachment: SOE MOA (6351 : SOE Elections Security Grant) provlslons of OMB Clrcular A-133, as revlsed, the cost of the audlt must be paid from non.federal resources (1,e., resources obtalned from other than Federal entltles), 2. Other oudlts The Depanment may conduct a llmlt€d scop€ audlt of federal funds as deflned by OMB Clrcular A-133 (as revlsed)or otherflnanclal analysls or review of federal funds as permltted by federa I law, lnthe event the Depertment determlnes that a llmlted scope audlt or other type of audlt of the Sub-reciplent ls approprlate, the Sub-reclplent a8rees to comply wlth any addltlonal lnstructlong provlded by Depanment staf, to the sub-reclplent regardlnB such audlt. lf the Department determines that federal funds recelved under thls ASreement were used for any unauthorized purpose or that the Sub-reclplent dld not comply wlth thls aSreement or state or federal requlrements for recelpt, expendlture, or accountln8, the Sub-reclpient must return or repay these ,ederalfunds ln an amoont sulflclent to ensure or obtaln compllance, lncludlng expenses for any correctlve or remedlal actlon. The 5ub-reclplent further aSrees to comply and cooperate wlth any lnsp€ctlons, revlews, lnvestlSations, or audlts deemed necessary by the Department of State, Chlef Financlal Offker (CFO) or Auditor Gen€ral, Addltlonol guldonce to stote ond ledercl monlto ng ond oudltlng requlrements moy be lound ot htto://www. eoc,oov. C. Audlt Rcportlnt coples of flnanclal reportlng packaSes as descrlbed ln Subpan c- Audltees, s€ctlon -.320(c), oMB A- 133 (as revlsed) for audlts conducted by or on behalf of the sub-reclplent pursuant to Sectlon lV.B.1 of thls agreement, shall be submltted as requlred by sectlons .320(d) of such clrcular lo: Dcportment ol Stote oepqdment oJ stqae Auditot Gencrul't Ottlcc Fcd.tol Audlt Cleo nghouse DMslon ol Electbns offlce ol lnspectot Genercl Cloude Pepper aldq, Bweou ol the Census R.L 6toy \ldg., Ste 316 R,A, Groy \ldg,, Rm,406 111Wctt Modlson St. 1207 Eost lltt St. 5OO S. Bronough 5t, 50o S. Brcnough street Tollohossce, FL Jclre$onvllle, lN Tolhhossee, FL fsllqhdtsec, FL 32399-1450 47130 323$-0250 32399-0250 Any reports, manag€ment lettet or other lntormatlon requlred to be submltted to the Department pursuanl to thls agreement shall be submltted tlmely and ln accordance wlth OMB Clrcular A-133, the Florlda Statutes, and/oFChapt€r 10,550 (local Sovernmental entltles) of the &lglglltrLl\gdlls! General, whichever ls appllcable . The corespondence accompanylng the flnanclal reponlng paclage forward6d to the Department must include rhe date the sub-reclplent recelved th€ reponlnt Package. V, Record Retentlon The 5ub-reclplent shall keep and malntaln accurate and detalled records sufflclent to demonstrate lts compllance wlth the terms of thls aSreement. The sub-reclplent shallretaln these remrds forfive flscal years ln accordance wlth the guldellnes of the Deparlment ot Flnanclal Servlces and the Offlce of the Audltor General, or three years after the date an audlt Ieport It lssued, whlchever ls later. The Sub- reclplent shall allow the Department or lts deslEnee, CFO, or Auditor General access to such remrds, lncludlng access to the audlt worklnS papers upon request. Vl, Entlrety of the Agreement All terms and condltlons of thls atreement are fully set forth ln thls document and lts attachments and shall be govemed by the laws of the state of tlorida regardless of any confllct of laws provlslons. ln any MOA″2018‐2019‐001‐Page 5 ol6 16.J.2.b Packet Pg. 2655 Attachment: SOE MOA (6351 : SOE Elections Security Grant) proceeding or actlon broutht under lhls sectlon, the partles agree that the prevalllng party wlll be entltled to lts reasonable atlorney's fees trom the other paJty. The panles agr€e that proper venue wlll be ln Leon county, Florlda. Thls a8r€ement is effectlve as ofthe date lt ls fully executed. lN W|TNEss THEREoF, the parties have caused thls ASreement to be ex€cuted by thelr underslSned offlclals as duly authorlzed. By County Slgnature: Neme and of Electlons Suprrvlsor ol Elocllona Address: 3760 Enl€rpriro AvB Address: R A Grav Bu∥din彙 N6ds., FL 3al0{500 S Bronoutth Street,Ste 316 By Department Tallahassee, Florlda 32399 o"t"' ZTETT(-- MOA f2018-2019-001-_Page 6 of 6 16.J.2.b Packet Pg. 2656 Attachment: SOE MOA (6351 : SOE Elections Security Grant) Aπ ACHME"TA MOA 2018‐2019‐∞1FtORiDA DEPARTMCNT OF STATE‐DiViSiON OF ELECT!ONS Allocation of €lectlon Securlty Grants unde. Help Amerlaa Vole Act County Votlrf, At! Populatlon (2010 Clmurl Amount- FEder3l Elcctlon Actlvltles Funds Mlnlmum P.ymcnt Amount . Fcdaral Eloctlon Actlvhlos Funds Votlns AaG Populstlon Amount - Faderal El€ctlon A.tlvltlrr Fundt Tot.l Amounl - Unrpont Giant Funds Ar of Jun. 201, Alachua 203′051 S 50,αD0 00 166′01667 5 216′01667 252.57373 Bakcr 20′068 S 50.00000 S 16′40781 S 66′40781 5,06922 Bay 131′776 S SO,00000 5 707,747.4?S 157,7414フ 1475820 Bradford 22′885 S 50′00000 5 18,711.02 68,フ 1102 000 Brevard 435.690 S 5o,ooo.oo S 356,22481 S 406,22481 112,50621 Broward 1′356,717 S 50′0∞00 S l′109′26635 S 1,1s9,266.3s 80.71214 Calhoun 11493 50,00000 S 9,39680 5 s9,396.80 11′71541 charlotte 137100 S so,ooo.oo S l12,09443 S 162,09443 182,0516ヨ Citrus 118.842 S so,ooo.oo S 97,166.49 S 147.16649 28フ 8172 Clav 140.695 s so,m oo S l15,033フ4 S 165,03374 224,89543 Colher 258.873 S 50,0∞00 S 211′65734 5 261,65734 000 Co !mbia 52,338 S 50,00000 5 42,792.11 S 92′79211 000 DeSoto 27′027 S 50′00000 S 22,o97.s6 S 72,09756 3.16364 01xie 13′278 S 50′000∞S 10′85624 S 60′85624 15′88393 Duval 660′749 S 50,00000 S s40,23s.46 590′23546 431.23635 Escambia 233′465 S 50.00000 S 190′88349 S 240.88349 9′36430 Flaaler 76′660 S SO,00000 S 62′67804 S l12,67804 58′87677 Franklin 9′579 S SO′00000 S 7,83189 57′83189 000 Gadsder 35,184 S 50,α ,000 S 28,76682 S 78′76682 000 GIchfist 13′308 S 50,00000 S 10′88076 S 60.88076 10′84381 Glades 10′467 S SO.00000 S 8,55793 S 58,55793 000 GuF 13.289 S 50.00000 S 10,86523 S 60,86523 000 Hamiltoh 11′886 S 50,00000 S 9,71812 S 59,71812 000 Hardee 20,056 S 50′000∞S 16,39800 66′39800 000 Hendry 28′254 S 50,00)00 5 23,1oo.77 フ3,10077 4′78028 Hernando 138′620 S 50,00000 S 113,337.20 S 163′33720 105,26913 Hishlands 80′814 S so,ooo.oo S 66′0フ 439 S ll●07439 O l10 H∥sbo「ouRト 935,018 S 50,00000 S 764.48073 S 814.480フ3 226.03715 Holmes 15645 50,00000 S 12,79152 S 62,791.s2 3′09794 lndian River 1120フ6 S so,ooo.oo S 91,63454 S 141′63454 65′02409 Jackson 39839 5 50,00000 S 32′Sフ 279 S 82′57279 803491 12,013 S 50,00000 S 9,821.96 S S9,82196 15′95007 フ,085 S 50,00000 5 s,792.77 S 55,79277 O IXl Lake 235,311 S 50.00000 S 192′39279 S 242,392,9 128,02655 tee 497′885 S 50,OC0 00 S 407,07611 S 457.0フ 611 208,00378 Leo n 221′514 S 50,00000 S 181.11222 S 23111222 55,11599 16.J.2.b Packet Pg. 2657 Attachment: SOE MOA (6351 : SOE Elections Security Grant) FLOR:DA DEPARTMENT OF STATE・ D:VIS:ON OFELECT:ONS Fcdcral Eloctlon Actlvltles Funds 731.11487 10,24057 Allocatlon of Electlon Grants undel America Vote Act Formula for Allocation: Each county starts with a minimum payment 000 voting age population (2010 Census) in each county. Election Security Grants Appropriation Minimum Payment Funds - Per County Funds to be allocated by minlmum payment - Statewide Funds to be allocated by voting age population Voting Age Population (2010 Census) - Statewide Per voting age population funding multiplier Remaining funds are a∥ocated bv S■5,45o000 ,3,350,000 S12,100,000 14,799,219 50.8176 S50′00000 16.J.2.b Packet Pg. 2658 Attachment: SOE MOA (6351 : SOE Elections Security Grant) ATTACHMENT B MOA 2018‐20■9‐001 CERTIF:CAT!ON REcARDING DEBARMENL SuSPENS:ON′:NEL:GIB:L:TY AND VOLUNTARY EXCLUS:ON LOWERT:ER COVERED TRANSACT10NS Thls certlflcation ls requlred by the regulatlons lmplementlng Executlve Order 12549, Debarment and Suspension, 45 CFR 1183.35, Partlcipants' responsibilities. The regulations were published as Part Vll of the May 26, 1988 Federal Resister (pages 19160-19211). Copies of the reSulations may be obtalned by contactlng the person to which this proposal is submitted. (BEFORE COMPTETING CERTIFICAIION, READ INSTRUCTIONS ON REVERSEI (1) The prospective lower tier partlclpant certifies, by submission of this proposal, that nelther lt nor its prlnclpals are presently debarred, suspended, proposed for debarment, declared ineliglble, or voluntarlly excluded from particlpation in thls transaction by any federal department or agency, (2) Where the prospective lower tier partlclpant ls unable to certify to any of the statements ln thls certlficatlon, such prospective partlclpant shall attach an explanation to thls proposal. Jennifer J, Edwards, Collier County Supervisor of Elections Name and Title of Authonzed Representative ED Form GCS 009′6/88 16.J.2.b Packet Pg. 2659 Attachment: SOE MOA (6351 : SOE Elections Security Grant) 1. INSTRUCNONS FOR CERTITICATION By signlng and submltting this proposal, the prospectlve lower tier participant is provldlng the certificatlon set out below. The certification ln this clause is a material representation of fact upon which reliance was placed when thls transaction was entered Into, lf it is later determlned that the prospective lower tier partlclpant knowingly rendered an erroneous certlflcation, in addition to other remedles available to the federal government, the department or agency wlth which this transaction orlSlnated may pursue available remedles, lncluding suspension and/or debarment. 3. The prospectlve lower tier participant shall provide lmmediate written notlce to the person to whlch thls proposal ls submitted if at any tlme the prospective lower tler partlclpant learns that its certification was erroneous when submitted or has become enoneous by reason of changed circumstances, 4, The terms "covered transaction," "debarred," "suspended," "lneligible," "lower tler covered transactlon," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarlly excluded," as used in this clause, have the meanings set out ln the Deflnltions and Coverage sectlons of rules lmplementlng Executive Order 12549. You may contact the person to whlch this proposal is submitted for asslstance ln obtaining a copy of those regulations, 5. The prospectlve lower tler partlclpant agrees by submltting thls proposal that, should the proposed covered transactlon be entered lnto, lt shall not knowlngly enter lnto any lower tler covered transactlon with a person who ls debarred, suspended, declared lneligible, or voluntarily excluded from partlclpation in thls covered transactlon, unless authorlzed by the department or agency wlth whlch thls transactlon originated, 6. The prospective lower tler partlclpant further agrees by submlttlnS this proposal that it will lnclude the clause titled "Certification Regardlng Debarment, Suspension, lnellgibility, and Voluntary Excluslon-Lower Tler Covered Transactlons," without modificatlon, ln all lower tier covered transactions and ln all sollcitatlons for lower tier covered transactions, 7, A particlpant ln a covered transactlon may rely upon a certiflcatlon of a prospectlve partlclpant ln a lower tler covered transaction that lt is not debarred, suspended, lnellgible, or voluntarily excluded from the covered transaction, unless lt knows that the certiflcatlon is erroneous, A participant may decide the method and frequency by whlch it determinis the ellSlblllty of its princlpals. Each partlclpant may, but ls not required to, check the Nonprocurement List (Telephone Number). 8. Nothing contalned ln the foregolng shall be construed to requlre establishment of a system of records in order to render ln good faith the certlflcatlon required by this clause. The knowledge and lnformation of a particlpant is not requlred to exceed that which is normally possessed by a prudent person in the ordlnary course of buslness deallngs. 9. Except for transactions authorlzed under paragraph 5 of these lnstructlons, lf a participant In a covered transaction knowingly enters lnto a lower tier covered transaction wlth a person who is suspended, debarred, inellglble, or voluntary excluded from partlclpation in this transactlon, in additlon to other remedies available to the federal government, the department or agency wlth whlch this transactlon orlBinated may pursue avallable remedies, includlng suspenslon and/or debarment, ED Form GCS-009, 6/88 16.J.2.b Packet Pg. 2660 Attachment: SOE MOA (6351 : SOE Elections Security Grant) ATTACHMENT D MOA 2018-2019-001 Florlda Slngle Audlt Act Requl.ements The administration of resources awarded by ihe Department of State to the Supervisor may be subject to audits and/or monitorinS by the Department of State, as d€scribed in this section. MONITORING ln addition to reviews of audits conducted in accordance with OMB Circular 4-133 and Section 215.97, t.S., as revised (see'AUDITS" below), monltorint procedures may include, but not be limited to, on-site visits by Department of State staff, limited 5cope audits as defined by OMB Circular A,133, as revised, and/or other procedures. By enterin8 into this agreement, the Supervisor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the De!,artment o, State.' ln the event the Department of State determines that a limited scope audit of the Sup€rvisor is appropriate, the Supe.visor agrees to comply with any additional instructions provided by the Department oI State staff to the Supervisor regarding such audit. Ihe Supervisor further agrees to comply and cooperate with any inspections, reviewt investigations, or audlts deemed necessary by the Chief Flnancial Officer (CFO) or Audltor General. AUDITS PART l: FEDERAILY FUNDTD This part is applicable if the Supervisor ls a State or local Sovernment or a non-profit organlzation as defined in OMB Circular A-133, ar revised. 1. ln the event that the Supervisor expends S300,00O (5500,0N lor lscol yeoE ending ofter December 31, 2OO3) ot morc in Federal awards in its fiscal year, the Supervisor must have a single or program-rpecific audit conducted in accordance wlth the provisions of OMB Circular A- 133, as revised, EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department oI State by this agreem€nt. ln determining the Federal awards expended in its fiscal year, the Supervisor shall cqnsider all sources ol Federal awards, includlng Federal resources received trom the D€panment of State, The determlnation of amounts of federal awards expended should be in accordance with the Suidellner established by OMB Clrcular A-133, as revlsed. Ar audit of the Superyisor conducted by the Auditor G€neral in accordance with the provisions OMB Circular A-133, as revised, wlll meet the requirements of this part. 2. ln connection with the audit requirements addressed in Part l, paragraph 1, the Supervisor shall fulfill the requirements relative to auditee responsibilities as p.ovid€d in Subpart C ot OMB Circular A-133, as revised, 3. lf the Supervisor expends less than $300,000 f55O0,000 fot flscol yeors ending ofter Decembet 31, 2@3, in Federal awards in its fiscalyear, an audit conducted in accordance with the provisions ol OMB Ci.cular A-133, as revised, is not ,equi.ed. ln the event that the Supervisor expends less than $300,000 /5500,0O0 lot liscol yeo6 endlng oftet Decembe( i1, 2N3) in tede?l awards in its Jitcal year and elect5 to have an audit conducted ln accordance with the provisions of OMB Circular A-133, ar r€vised, the cost of the audit must be paid from non-Federal resources (i,e., the DFS・ A2‐CL July 2005 R●:o691‐5006,FAC 16.J.2.b Packet Pg. 2661 Attachment: SOE MOA (6351 : SOE Elections Security Grant) ATTACHMENT D MOA 2018-2019-001 cost of such an audit must be paid from Supervisor resources obtained from other than tederal entitles). PART ll: STATE FUNDEO This part is appllcable if the Sup€rvlsor is a non-state entitY as defined by Section 215.97(2), Florida Statutes. 1. ln the event that the Supervlsor expendc a total amount of state financlal asslstance equal lo or in excess oI S5OO,OOo ln any flscal year of such Supervisor (for flscal years ending September 30, 2OO4 or thereafter), the Supervlsor must have a State slngle or project-speciflc audit for such fiscal year in accordance with Section 215.97, tlorida Statutes; applicable rules of the Department oI Financial services; and chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for profit or8anirations), Rules oI the Auditor General. EXHIBIT I to this agreement lndicates state flnanclal asslstance awa.d€d through the Department ot State by this aSreement. ln determlnin8 the state flnancial assistance expended in its Iiscal year, the Supervisor shall consider all sources of state linancial assistance, including state fioanclal assistance received from the Department of State, other state agencies, and other non-state entities. State financlal asslstance does not lnclude Federal direct or pass'through awards and resou.ces recelved by a non-state entity for Federal program matchi.lg tequlrements. 2. ln connection wlth the audit requirements addressed in Part ll, paraSraph 1, the Supervisor shall ensure that the audit complies wlth the requirements of Section 215.97(8), Florida Statutes This includei 5ubmission of a financial reportiog package as deJined by Section 215.97(2), Florida Statutes, and Chapters 10,550 (local Eovernmental entities) or 10.650 (nonptofit and for'profit or8anlratlons), Rules ot the Audltor General. 3. lf the supervisot expends less than 5500,000 in state financial assistance in its liscal year (for fiscal years endlng september 30, 2004 or thereafter), an audit conducted ln accordance lvith the provlslons of Section 215.97, Florida Statutes, ls not requlred. ln the event that the Supervisor expends less than S5OO,OOO in state flnancial assislance ln its flscal year and elects to have an audit conducted Io accordaoce with the provisions ofSection 215,97, Florida Statutes, the cost ol the audlt must be pald from the non-state enutys resources (i.e., the cost of such an audit must be paid from the Superviso/s resources obtalned from other than state entltl€s). The lntern€t web addresses listed below wlll assist recipients in locatiog documents relerenced in the text of thls agreement and the lnterpretatlon of compliance issues, Stat€ of tlorida Department tinancial Services (Chief Financial Officed httos://www.mYflorldacf o,com/ state of Florida Legislature (Statutet Le8islatlon relating to the Florida Single Audit Act) www.lep.state.fl.us/ PART ll l: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted ln accordance wlth OMB Circular A 133, as revised, and required by PART I of this aEreement shall be submilted, when requlred by Section .320 (d), OMB Circular A-133, as revls€d, by or on behalf ot the Supervisor dlrectly to each of the followinS: 2 DFS.A2.CL July 2005 Rulc 691-5.006, FAC 16.J.2.b Packet Pg. 2662 Attachment: SOE MOA (6351 : SOE Elections Security Grant) Aπ ACHMENT D MOA 2018‐2019‐001 A The Department of State at each ofthe fo∥owing addFeSSeS: Department of State Oivision of〔lections R A Gray Bullding,Ste 316 500 S Bronough St Tanahassee,FL 32399‐0250 B The Federal Audit Clearlnghouse designated in OMB Circ●lar A‐133,as revised(the number oF coptes reqllired by Sections 320{d){1)and(2)′OMB Circular A‐133,as revised,shouid be submitted to the Federal Audt Clea∥nghouse),at the fO∥owing address: Federal Audit Clearinghouse Bureau●fthe Census 1201 East 10:卜 Street JefFer500Ville′lN 47132 C Other Federal agencies and passthrough enlres in accordance with secuons 320(e)and tf),OMB Crcu arA‐133′as reused 2 1n the event that a copy of the reporting package for an audit required by PART l of this agreement and conducted in accordance with OMB O「cular A‐133,as revised,Is not required to be submtted to the Department oF State for the rea50nS pursuant to section.320{e){2),OMB Circular A‐133,as revised,the SupervisOr sha∥submit the required w「itten notification pursuant to Section.320{e){2)and a copv ofthe Supervisor's audited schedule of expenditures of Federal awards dヤ ectlv to each oFthe Fo∥owing Department or State Division of Elections R A Crav Bυ ilding,ste 316 500 S Bronough St Ta∥ahassee,FL 32399-0250 3 Coples of financial reporting packages required by PART ll of this agreement sha∥be stlbmitted by or on behar ofthe supervisOr directlv to each ofthe f●||。wing: A The Department Of state at each ofthe followlng addresses: Depa,tment of State Division of Elections R A Grav Bullding,ste 316 500 S Bronough St Ta∥ahassee,FL 32399-0250 B The Auditor Cenerars Office at the fo∥owing address: Auditor Generars office Room 401,Pepper Building lll West Madison street3 DFS‐A2‐CL July 2005 Rulc 691・ 5006,FAC 16.J.2.b Packet Pg. 2663 Attachment: SOE MOA (6351 : SOE Elections Security Grant) ATTACHMENT D MOA 2018‐2019‐001 Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other intormation required to be submitted tg the Department of State pu.ruant to this a8reement shall be submitted timely in accordance with oMB clrcular A-133, Florlda statutes, and Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and for-profit organiu ations), Rules of the Auditor General, as appllcable. 5. supervisors, wh€n submlttlng linancial reportin8 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 (nonproflt and for profit organizations), Rules of the Auditor Gene.al, should indicate the date that the reportlng package was delivered to the supervisor in correspond€nce accompanying lhe reporting package. PART lV: RECORO RETENTION 1. the Supervisor shall reialn sufflcient records demonstratinS its compliance with the terms of this aSreement tor a period of 5 years from the dale the audit report is issued, and shall allow the Department of State, or its designee, CtO, or Auditor General access to such records upon request. The supeMsor shall ensure that audit worklnS papers ate made available to the Oepartment of State, or lts desiSnee, CFO, or Auditor General upon request for a period of 3 years trom the date the audit report is issued, unless extended in writing by the Department ot State. /VOIE; necords need to be rctolned lor st leost flve yeors to comply wlth rccotd rctention rcquiremeots rcloted to origlnql vouchers presuibed by the Deportment of Stote, Division ol Llbroty qnd lnlormotion Servlces, Ewequ of Atchlves ond Records Monogement DFS―A2‐CL July 2005 R口 le 691‐5006,FAC 16.J.2.b Packet Pg. 2664 Attachment: SOE MOA (6351 : SOE Elections Security Grant) Aπ ACHMENT D MOA 2018‐2019‐001 EXHIBIT - 1 'IDIRAI. RESOURCES AWAROED TO THE SUPERVISOR PURSUANT TO THIS AGREEMENT CONSIST OT THE foItowtN6: NOTE: lf the resoutces owoded to the Superylsot repEsent more thon one federol progrom, provide the some iofotmotion shown below lor eoch federul prcgrum ond show totol Federul rcsources owotded. Federal Help America Vote Act-Catalog of Fede.al Domestic Assistance (CFDA) S 90,401 Help America Vote Act Requirements Payments Federal Program: Section 251 of the Help America Vote Act of 2@2 FederalAgency:U.S. Election Assistance Commission CFDA No./Title: 90.041, Help America Vote Act Requirements Payments Award Amount:See Attachment A - Funds per County coMPUAr{CE REqUTREMTNTS APpt CA0[E TO THE TEDERAt RESOURCES AWAROCO PURSUANT rO THtS AGR€EMENT ARE A5 FOI.IOWS: CFDA Number 90.401, Help Amerlca Vote Act Requirements Paymenls Part 1 of Subtitle D ot Title ll (Sections 251-258) and Title l of Public Law 107-252, the Hetp Amertca Vote Act of 2002, Sections 301-305. and Sedions 902 and 906. EAC has determined that the following Office ol Management and Bud8et guidellnes apply: Cost P,inciples for State, tocal, and lndian Tribal co\rernmentJ, 2 5 CFR Part 225; Uniform Admlnistrative Requlrements for Grants and Cooperative Agreementr to State and Local Governments, OMB Clrcular A-110 (amended 9/30/99). Federal Program: Section 251 of the Help America Vote Act of 2002 List opplicoble complionce requirements os follows: 1. See Help America Vote act of 2002 - @ 107pub1252/odfl PtAW-107publ252.pdf 2. See Florida's HAVA State Plan, as updated in 20O9. httpr//dos.mvflorida.com/elections/laws-rules/help-amerlca-vote-act/ 3. See Florida Division of Elections' Reference Guide 0018 - Allowable and Non-Allowable Expenses for HAVA Expenditures. httos://soe.dos.state.fl.us/odf/DEGuide00l8-Allowable-and- Non-AllowableExpenses-f or-HAVA-E xoenditures. pdf NOTE: Section .400(d) of OMB Ckcular A-133, as revised, and Section 215.97(5), Florlda Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1be provided to the recipient. Stale reiources awarded to the rcclplcnt pursusni to rhls ltr€ement conslsl ofthe followlngl N/A Malchlng rciources tor ,ederal progr!mr: N/A Sublecl to rectlon 215.97, florld. Statuter: /A DFS・ A2‐CL 」uly 2005 Rulc 691‐5006,FAC 16.J.2.b Packet Pg. 2665 Attachment: SOE MOA (6351 : SOE Elections Security Grant) ATTACHMENT D MOA 2018‐2019‐001 Comp:lance requlrements app∥cable to state resources aw●rded pursuant to thls agreement are as follow,NノA Exhlblt - 2 December 3,201,4 cHtEF FtNANC|A|- OFFICER'S MEMORANDUM NO, 03 (2014 - 20151 SUBJECT: COMPLIANCE REQUIREMENTS FOR AGREEMENTS This memorandum supersedes the Chief Financial Office/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 Srants, 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 re8ulations for these proBrams. 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 critlcal 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, Pan 20O.330 to make this determination. Agencies must retain documentation to support this determination. ln 2oo5 the office of Federal Financial Management confirmed to the Department of Financial S€rvices, 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 Erant is subject to the rules applicable to the grant, even lf the sub-award ls on a flxed prlce basls. Agreements (sub-awards) with sub-recipients of federal financial assistance must require compllance 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, Pan 200 (2 CFR, Part 200). This guidance supersedes and consolldates the requirements from the Office of Management DFS‐A2‐CL July 2005 Rul●691‐5006,FAC 16.J.2.b Packet Pg. 2666 Attachment: SOE MOA (6351 : SOE Elections Security Grant) ATTACHMENT D MOA 2018-2019-001 and Budget (OMB) Circulars A-21, A-87, A-110, A-122, A-89, 4-102 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 fundlnB 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 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.5.) c. Section 215.917, 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, Cost must be reasonable, necessary and allowable ln accordance wlth state and federal laws, rules and regulations. Agencies must maintain documentation to evidence the agenqy's review of lndividuals cost elements included on the detailed budget submitted by the person or entity awarded funding. STATE IUNDS State aSencies must determine whether they are awarding state financlal 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 ff awarded on a flxed prlce basls, must require: a. Compliance with Section 2L5.97, t ,5, b. Compliance with Section 215.971, F.s. c. Expenditures of state financial assistance be in compllance wlth 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 16.J.2.b Packet Pg. 2667 Attachment: SOE MOA (6351 : SOE Elections Security Grant) ATTACHMENT D MOA 2018-2019-001 that ensures a fair and reasonable price to the State and compliance with applicable rules and regulations, including, but not limited to: a. Section 276.3475, 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. 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. ASreements 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, t.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 detalled cost analysis. costs must be reasonable, necessary and allowable in accordance with state laws, rules and re8ulations. Agencies must maintain documentation to evldence 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 (s50) 413-5512 if you have any questions. 16.J.2.b Packet Pg. 2668 Attachment: SOE MOA (6351 : SOE Elections Security Grant)