Backup Documents 09/13-14/2011 Item #16J716J7
MEMORANDUM
Date: September 26, 2011
To: Jennifer Edwards, Supervisor of Elections
Supervisor of Elections Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Certificate Regarding Matching Funds for
Federal Election Activities
Attached please find the original document referenced above, (Item #16J7) approved
by the Board of County Commissioners at their meeting held September 13, 2011.
If you have any questions, please feel free to contact the Minutes and Records
Department at 252 -8406.
Thank you.
Attachment
6J 7
ATTACHMENT A -2 of MOA 2011 -2012 -0001
Certificate Regarding Matching Funds
I, - Fred w. l Ou l P 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 2011 -2012 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 $4,831.98. 1 understand that if the Board fails to
appropriate the required matching funds, all funds received from the state for this grant during
the 2011 -2012 state fiscal year will be required to be returned to the Department of State.
`�L4 W. co.;�4
Chairman, Board of County Commissioners
Fred W. Cole
Scpkmb e—y- 13 2.011
Date
DlIlt3l�1T g: WOK CLERK
DS-DE 127
Revised 7/5/2011
• M wi�eire�
D@Pwy County Attorney
16J 7
EXECUTIVE SUMMARY
Recommendation to authorize the Collier County Supervisor of Elections to accept
federal election activities funds in the amount of $32,213.21 with a 15% matching
contribution in the amount of $4,831.98 and that the Board direct its Chairman 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 Chairman to 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 2011 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 2010 General
Election, as certified by the Department of State. Collier County's share of those funds is
$32,213.21, (see Attachment "B" to MOU). In order to receive the $32,213.21, the
Chairman of the Board of County Commissioners must certify that the county will
provide a 15% ($4,831.98) matching contribution. This matching contribution was
included in the Supervisor of Elections 2011 budget.
FISCAL IMPACT: The County will incur a fiscal impact of $4,831.98, which
constitutes the required matching contribution necessary for the Collier County
Supervisor of Elections to receive the $32,213.21 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 has been reviewed and approved by the
County Attorney's Office and is legally sufficient for Board action. —SRT
GROWTH MANAGEMENT INPACT: None
RECOMMENDATION: That the Collier County Board of County Commissioners
authorizes the Collier County Supervisor of Elections 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 Chairman sign the
Certificate Regarding Matching Funds.
Submitted by: Jennifer J. Edwards, Supervisor of Elections
16J7
BUDGET AMENDMENT REQUEST
080 Supervisor of Elections
Fund No. Fund Description (type on line above)
For Budget/Finance Use Only
BA#
JE #
BAR#
APH Date
Date Prepared: 8/2/2011 (Attach Executive Summary)
Approved by BCC on: Item No.
Expense Budget Detail
Fund Center Title: Elections Fund Center No.: 522010
Funded Program (Project) Title:
5 -digit Fd Prog #:
(Ot11V one Fund C'.Pnfwr /Funriari Drnnre..,
Fund
Center
522010
Funded
Program
- - - -- - -
Commit
Item
641950
- - -- -- - •• - -• -- •••.- .•..a �avuw:. n an,anumern 15 for runaeo Program,
Commitment Item Increase
Description Decrease
Post Freight UPS 4,831.98
must enter Fund
Current
Budget-
98,900.00
Center info)
Revised
Budget
94,068.02
..v v11019VU W CUUgei
Expense Budget Detail
40 (4,831.98)
Fund Center Title: Interfund Transfers Fund Center No.: 929030
Funded Program (Project) Title:
5 -digit Fd Prog #:
(only one Fund Canter/Funded Pnx,r�n, c►,..:Jw ....a
Fund
Center
929030
Funded
Program
Commit
Item
910810
Commitment Item
Description
Transfer to SOE Grant Fund
to — runueu r-ro irarn, must enter fund
Increase Current
Decrease Budget
4,831.98 15,579.63
Center info
Revised
Bud et
20,411061
••.......a...ac av oUUHUL 4) 4,wi.98
Revenue Budget Detail
Fund Center Title: Fund Center No.:
Funded Program (Project) Title: 5 -digit Fd Prog #:
(only one Fund Center /Funded Program should be entered into this section. If amendment is for Funded Pr ram, must enter Fund Center info)
Fund r Funded I Commit Commitment Item Increase Current Revised
Center Program Item necrtrinfinn in..,,_ ----% — , _
Net Change to Budget $ _
16J7 "
Revenue Budget Detail
Fund Center Title: Fund Center No.:
Funded Program (Project) Title: 5 -digit Fd Prog #:
(only one Fund Center /Funded Pr ram should be entered into this di If
Fund
Center
Funded
Program
se on. amendment is for Funded Pro
Commit Commitment Item Increase
Item Description Decrease
lram, must enter Fund Center info)
Current Revised
Budget Budget
net tonange to Budget $ _
EXPLANATION
Why are funds needed? (type below)
To provide a county match for the 2011/2012 Federal Election Acivities Grant.
Where are funds available? (type below)
Funds are available in the SOE Elections Budget.
Cost Center Director*:
Division Administrator*:
Budget Department:
Agency Manager
Finance Department:
Clerk to the Board Adi
REVIEW PROCESS
Date
Date
Date
Date
Date
Date
Inputted by: Date
BA number (SAP)
If this is uploaded into Novus with an Executive Summary, no signatures are required from the Cost Center Director or
Division Administer.
If this is uploaded into Novus, please do NOT sent a paper copy of the Budget Amendment to the Office of Management and
Budget office, OMB will download all budget amendments from Novus and will process after the BCC meeting.
l:\ Forms\ County Forms\ Budget\ Budget Amendment Form.xls (excel format)
BUDGET AMENDMENT REQUEST
081
Fund No.
Date Prepared:
Approved by BCC on:
Supervisor of Elections Grants
Fund Description (type on line above)
8/2/2011
For Budget/Finance Use Only
BA#
JE #
BAR#
APH Date
(Attach Executive Summary)
Item No.
16J7 t.
Expense Budget Detail
Fund Center Title: SOE Grants Fund Center No.: 511017
Funded Program (Project) Title: 2011 Fed Election 5 -digit Fd Prog #: 44047
(only one Fund rAnfArXi inelM Prnnr— ek—A ".....,. -_.:_
Fund
Center
511017
Funded
Program
44047
,. „
Commit Commitment Item
Item Description
634999 Other Contractual
,, ,v, ru,weu r-ru
Increase
Decrease
37,045.19
1ram, must enter Fund center info)
Current Revised
Budget Budget
37,045.19
1ram, must enter Fund center info)
Current Revised
Budget Budget
•.va v11011aa av Quuuut
Expense Budget Detail
Fund Center Title:
Funded Program (Project) Title:
(only one Fund Center /Funded Prnnram ahn„ lA 1u
3 JI,U45.19
this section If d f
Fund Center No.:
5 -digit Fd Prog #:
Fund
Center
Funded
Program
Commit
Item
- - - amen
Commitment Item
Description
merit s or Funueu r-ru
Increase
Decrease
1ram, must enter Fund center info)
Current Revised
Budget Budget
.wa vnaseaa tV E;UuuC[
Revenue Budget Detail
Fund Center Title: SOE Grants Fund Center No.: 511107
Funded Program (Project) Title: 2011 Fed Election 5 -digit Fd Prog #: 44047
(onlv one Fund Center /Funded Pmnram nhn,drl tie :..._
Fund
Center
511017
Funded
Pr ram
44047
- -- - °- -- -•• -•• •• �•••a...,,,�
Commit Commitment Item
Item Description
334180 Florida Department of State
„• ,a ,v, ru„ueu r-,uyram, must enter Funa
Increase Current
Decrease Budget
32,213.21
center info)
Revised
Budget
32,213.21
•tea• •••.a.Iav w ouuytsL .10 SZ,Z73.Z1
16J7 vA
Revenue Budget Detail
Fund Center Title: SOE Interfund Transfers Fund Center No.: 929030
Funded Program (Project) Title: 2011 Fed Election 5 -digit Fd Prog #: 99081
(only one Fund center/Funded Prnnrnm chnubi b e.d A; 616:_
Fund
Center
Funded
Program
-
Commit
Item
-- - -- ----- -- °•° ••••- ........... anciwmcm
Commitment Item
Description
Ia w, runueu Fro
Increase
Decrease
cram, muss enter tuna
Current
Budget
center into)
Revised
Budget
929030
99081
481080
Transfer from SOE General
Fund
4,831.98
4,831.98
Ewa wNanaa w ouu8 @T ;0 4,1331.95
EXPLANATION
Why are funds needed? (type below)
To provide a county match and to recognize the 2011/2012 Federal Election Activities Grant.
Where are funds available? (type below)
Funds are available in the SOE Elections Budget.
REVIEW PROCESS
Cost Center Director":
Division Administrator":
Budget Department:
Agency Manager
Finance Department:
Clerk to the Board Admin:
Inputted by:
BA number (SAP)
Date
Date
Date
Date
Date
Date
Date
If this is uploaded into Novus with an Executive Summary, no signatures are required from the Cost Center Director or
Division Administer.
If this is uploaded into Novus, please do NOT sent a paper copy of the Budget Amendment to the Office of Management and
Budget office, OMB will download all budget amendments from Novus and will process after the BCC meeting.
I:\ Forms\ County Forms\ Budget\ Budget Amendment Form.xls (excel format)
RICK SCOTT
Governor
MEMORANDUM
To: Supervisors of Elections
From: Dr. Gisela Salas, D' ctor, Division of Elections
Date: July 15, 2011
Subject: FY 2011 -12 Federal Election Activities Funds
1b97
PJL 2010 11 A41:29
KURT S. BROWNING
Secretary of State
The 2011 Legislature appropriated $2,000,000 specifically for federal election activities. These
funds will be distributed to the Supervisors of Elections pursuant to a formula based on active
registered voters in each county as of the 2010 General Election.
Funds received pursuant to this Agreement may be spent for any of the following purposes
relating to federal election activities:
• Voter education;
• Poll worker training;
• Standardizing election results reporting; or
• 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).
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 on
voting procedures, voting rights or voting technology;
• Advertising or publications outlining voting procedures, voting rights or voting
technology;
• Voting System demonstrations;
• Poll worker training stipends;
• Training materials for poll workers;
Division of Elections
R. A. Gray Building, Room 316 • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6200 • Facsimile: (850) 245 -6217
election. dos. state. fl. us
16J7•
FY 2011 -2012 Federal Election Activities Funds
July 15, 2011
Page 2 of 3
• 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
• 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.
These funds must 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 the 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 federal elections. Any of these funds can be used
for the 2012 Presidential Preference Primary, Primary Election and General Election.
In order to receive the funds, the Legislature has required that the Supervisor of Elections provide
the Department of State with a detailed description of the programs that will be implemented in
the Supervisor's federal election activities plan. The Supervisor shall identify the source of funds
(federal funds, county matching funds, other county funds /local) being used for each federal
election activity set forth in the plan. Samples of any documents and/or publications that you
plan to produce as part of these activities must be provided along with the plan.
The Division has enclosed a federal election activities plan form, required to be used when
submitting the plan. It will simplify the preparation of your plan, and it will expedite the
Division's review and allow your check to be mailed to you more quickly. Simply place an X in
the box for the programs that you plan to carry out this fiscal year. Please also place an X in the
box for the topics that apply to each activity. If the topic is not listed, either write or type in the
topic.
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, 2011. Invoices and
supporting documents will need to be provided for all HAVA expenditures when submitting your
annual financial report.
Please also note, the 2011 Legislature included the following requirement in the appropriation.
Supervisors shall also report to the Department any unspent funds remaining on June 30,
2011. We will send out the reporting form in mid -July this year. If you need to make any
changes to your original plan, the revised plan must be submitted in advance, in writing and
approved by the Department of State.
16J7 "
FY 2011 -2012 Federal Election Activities Funds
July 15, 2011
Page 3 of 3
As a reminder, the Chairman of the Board of County Commissioners will be required to provide
written certification 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.
Enclosed are the following documents:
Memorandum of Agreement, Receipt and Use of HAVA Funds for Federal Election
Administration Activities, MOA #2011 -2012 -0001 (required to be signed by the
Supervisor of Elections);
2. Attachment A, Compliance Requirements;
3. Attachment A -1, Federal Election Activities Plan, form DS -DE 126 (required to be
completed and returned by the Supervisor of Elections);
4. Attachment A- 2,Certificate Regarding Matching Funds, form DS -DE 127 (required to be
signed by the Chairman of the Board of County Commissioners);
5. Attachment A -3, Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions, ED form GCS -009 (required to
be signed by the Supervisor of Elections);
6. Attachment B, FY 2011 -12 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.
If you have any questions, please don't hesitate to contact me or the HAVA team.
GS /jd /ma
Enclosures
16J7 "
MEMORANDUM OF AGREEMENT
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 East, Rev. Dr. MLK, Jr. Building, Naples, FL 34112 -5758.
This agreement is effective as of the date fully executed by the parties.
I. GOVERNING LAW
The Department is authorized pursuant to specific appropriation 2941 of the 2011 -2012 General
Appropriations Act (see section 6, chapter 2011 -69, 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 2011 -2012 ( "FY 2011 -2012 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
As more specifically set forth in paragraph 1 of Attachment A, which is hereby incorporated
by reference, the funds granted shall be used for federal election administration activities.
• These 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. These funds
shall 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.
• Prior to receiving FY 2011 -2012 funds, the Supervisor must first submit in accordance
with paragraph 2 of Attachment A: 1) A Federal Election Activities plan (DS -DE 126,
Revised 7/5/2011] that details the planned use of the funds; 2) Certification from the
county governing body to provide matching funds equal to 15% of the HAVA funds
received, [DS -DE 127, Revised 7/5/2011; and 3) Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
form. 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.
• The FY 2011 -2012 funds shall be placed in a separate interest bearing account in a
qualified public depository as set out in section 280.03, Florida Statutes, and in
MOA #2011 - 2012 -0001
- 1 -
16J 7 "y
accordance with accounting requirements as set forth in paragraphs 3 and 4 of
Attachment A.
The Supervisor shall report and account for expenditures in accordance with this
agreement and specifically paragraphs 5 and 6 of Attachment A.
III. 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 2010 General Election. The Department shall determine the funding level per voter in the
state based on that information. 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 monitoring, audits, and
reporting as described herein.
A. Monitoring
In addition to reviews of audits conducted in accordance with OMB Circular A -133 (as revised),
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
conducted in accordance with the provisions of OMB Circular A -133 (as revised). This may be
satisfied by an audit of 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
the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A -133 (as revised).
MOA #2011 - 2012 -0001
-2-
16)7
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:
htW. / /election. dos. state. 9. 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.13.1 of this
agreement, shall be submitted as required by sections .320(d) of such circular to:
Department of.State Department of State Auditor General's Office Federal Audit
Division of Elections Office of Inspector General Room 401, Pepper Bldg Clearinghouse
R. A. Grav Building, Ste 316 R. A. Grav Bldg., Rm 114A 121 West Afadison St. Bureau of the Census
500 S. Bronough St. 500 S. Bronough Street Tallahassee, FL 1201 East le St.
Tallahassee, FL 32399 -0250 Tallahassee, FL 32399 -0250 32399 -1450 Jeffersonville, N47132
Other Federal agencies and pass - through entities in accordance with Sections .320 te) and q), OUB 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
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.
MOA #2011 - 2012 -0001
-3-
16J7 P:�nlq
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 these records for five fiscal years in accordance with the
guidelines of the Department of Financial Services and the Office of the Auditor General, or
three years after the date an audit report is issued, whichever is later. 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.
Printed d title
Witness
I 1 r
Date
Department of State, Division of Elections
By:
Printed name and title
Witness
Date
Please complete, sign & return the Memorandum of Agreement, Certificate Regarding
Matching Funds signed by the county governing body, & Certification Regarding
Debarment and Suspension to:
Joyce Durbin, HAVA Funds Coordinator, Florida Department of State, Division of Elections,
R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399 -0250
MOA #2011 - 2012 -0001
-4-
16J7 "I
ATTACHMENT A to MCA #2011 - 2012 -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 2011 -2012 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; or
• 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).
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
on voting procedures, voting rights or voting technology,
• Advertising or publications outlining voting procedures, voting rights or voting
technology;
• 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
• 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 2011 -2012 funds under this Agreement, the Supervisor must
submit to the Department:
Page 1 of 3
16J7
• A federal election activities plan (DS -DE 126, Revised 71512011) 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 7/5/2011) 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 GCS -009 (6 188), entitled "Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions ".
The form is 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.]
3. The Supervisor must establish and maintain the FY 2011 -2012 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 for the same purposes for subsequent years or until such funds are fully 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
http://www.fitreasury.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:
• Annual report: On or before December 31, 2011 all actual expenditures from the date
of receipt through September 30, 2011. Report forms will be provided by the
Department (DS -DE 128, Revised 7/5/11). The report must include documentation
Page 2 of 3
16J7 "
(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.
• Remaining balance report: On or before each and every July 31 after 2011, all actual
expenditures for preceding period of October 1 through September 30, and the
amount of FY 2011 -2012 funds unspent as of June 30 of the year being reported. The
report form will be provided by the Department (DS -DE 129, Revised 7/5/11). Such
annual reporting is required until such funds are fully expended.
Each financial report shall include documentation including but not limited to billing
or itemized receipts in support of the expenditures for the services or products used
to promote voter education, voting rights or voting technology. For example, the
report must include a copy of or the actual product or publication and indicate how
many individual items were produced or printed. For services, the report must
include a copy of or the actual newspaper article, audio recording, or video clip
and /or template or transcript thereof, and indicate how many times it was
published, aired, or accessed, or include a copy of the graphics template and
content layout for a special created webpage.
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 to: Department of
State, Division of Elections, R.A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida
32399 -0250.
State Resources Awarded to the Supervisor Under this Agreement Consist of the
Following: N/A
Matching Resources for Federal Programs: N/A
Subject to section 215.97, Florida Statutes (Florida Single Audit Act): N/A
Compliance requirements applicable to state resources awarded pursuant to this
Agreement are as follows: N/A
Page 3 of 3
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16J7
Attachment A -3 to MOA 2011- 2012 -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.
�N�► �. �w S SUPS i eve.
ame and Title oTA--u-tEo--n-zed Representative
8.8'11
ED Form GCS-009,6/88
M
16J7
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).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available
to the federal government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
ED Forth GCS -009, 6/88
COUNTY
Brevard
Broward
Citrus
Escam
Gulf
2
Indian River
Jackson
Lee
16J7
ATTACHMENT B to MOA 2011 - 2012 -0001
DEPARTMENT OF STATE
DIVISION OF ELECTIONS
FEDERAL ELECTION ACTIVITIES
FY 2011 -12
2010
GENERAL
ELECTION
REGISTERED VOTERS
152,008
13,913
108,910
15,833
357,820
1,041,641
8,487
116,481
98,018
122,016
180,674
39,981
16,093
10,264
527,079
199,532
65,021
7,724
29,444
10,841
74266$ 1216123,63,
677,340 $
11,248 $
90,898 $
27,935 $
9,713 $
4,413 $
195,024 $
347,466 $
168.3287
4,257
11,461
202,71
214,414
101,262
1,205, 770
51.261
FEDERAL ELECTION
ACTIVITIES
FUNDING
PER COUNTY
27,102.22
2,480.61
19,418.07
2,822.94
63, 797.41
185, 719.06
1,513.19
20, 767.94
17,476.09
21, 754.80
32,213.21
7,128.40
2,869.30
1,830.02
93,975.39
35,575.50
11, 592.90
1,377.15
5,249.71
1,932.89
1,168.19
1,663.85
1,412.09
2,159.51
2,880.53
21,944.87
11,279.99
120, 766.13
2,005.46
16.206.63
1,731.78 $
786.77 1 $
34,771.74 $
61,951.34 $
30,011.99 $
4,439.54 $
759.001$
2,043.44 1 $
36,142.12 $
38,228.88 $
18,054.48 $
214,982.39 $
9,139.56 $
COUNTY
MATCHING
FUNDS
15%
4,065.33
372.09
2,912.71
423.44
9,569.61
27,857.86
226.98
3,115.19
2,621.41
3,263.22
4,831.98
1,069.26
430.39
274.50
14,096.31
5,336.32
1,738.93
206.57
787.46
289.93
175.23
249.58
211.81
323.93
432.08
3,291.73
1,692.00
18,114.92
300.82
2,430.99
747.10
259.77
118.02
5,215.76
9,292.70
4,501.80
665.93
113.85
306.52
5,421.32
5,734.33
2,708.17
2,247.36
1,370.93
Attach B Federal Election Activities Funds FY 2011 -12 FINAL 1 7/14/2011
DEPARTMENT OF STATE
DIVISION OF ELECTIONS
FEDERAL ELECTION ACTIVITIES
FY 2011 -12
16J7
TOTAL 11,217,384 2,000,000.00 299,999.99
FY 2011 -12 APPROPRIATION - FEDERAL ELECTION ACTIVITIES $2,000,000
2010 General Election - Total number of registered voters in the state 11,217,384
FUNDING LEVEL PER INDIVIDUAL VOTER $0.1783
(Based on FY 2011 -12 appropriation for Federal Election Activities
divided by the total number of registered voters in the state
for the 2010 General Election.)
Attach B Federal Election Activities Funds FY 2011 -12 FINAL 2 7/14/2011
2010
FEDERAL ELECTION
COUNTY
GENERAL
ACTIVITIES
MATCHING
ELECTION
FUNDING
FUNDS
COUNTY
REGISTERED VOTERS
PER COUNTY
15%
Nassau
49,615
$
8,846.09
$
1,326.91
Okaloosa
128,654
$
22,938.33
$
3,440.75
Okeechobee
18,499
$
3,298.27
$
494.74
Orange
624,700
$
111,380.69
$
16,707.10
Osceola
147,021
$
26,213.06
$
3,931.96
Palm Beach
821,850
$
146,531.49
$
21,979.72
Pasco
297,993
$
53,130.57
$
7,969.59
Pinellas
604,912
$
107,852.60
$
16,177.89
Polk
325,565
$
58,046.51
$
8,706.98
Putnam
44,001
$
7,845.14
$
1,176.77
St. Johns
139,775
$
24,921.14
$
3,738.17
St. Lucie
165,818
$
29,564.47
$
4,434.67
Santa Rosa
112,371
$
20,035.15
$
3,005.27
Sarasota
264,382
$
47,137.91
$
7,070.69
Seminole
266,116
$
47,447.07
$
7,117.06
Sumter
65,349
$
11,651.38
$
1,747.71
Suwannee
24,934
$
4,445.60
$
666.84
Ta for
12,847
$
2,290.55
$
343.58
Union
7,032
$
1,253.77
$
188.07
Volusia
318,773
$
56,835.53
$
8,525.33
Wakulla
17,722
$
3,159.74
$
473.96
Walton
36,958$
6,589.42
$
988.41
Washington
13,8971$
2,477.76
$
371.66
TOTAL 11,217,384 2,000,000.00 299,999.99
FY 2011 -12 APPROPRIATION - FEDERAL ELECTION ACTIVITIES $2,000,000
2010 General Election - Total number of registered voters in the state 11,217,384
FUNDING LEVEL PER INDIVIDUAL VOTER $0.1783
(Based on FY 2011 -12 appropriation for Federal Election Activities
divided by the total number of registered voters in the state
for the 2010 General Election.)
Attach B Federal Election Activities Funds FY 2011 -12 FINAL 2 7/14/2011