Agenda 09/22/2015 Item #16J1 9/22/2015 16.J.1 .
EXECUTIVE SUMMARY
Recommendation to approve an agreement authorizing the Collier County
Supervisor of Elections to accept federal election activities funds with a 15%
matching contribution and to authorize the Board Chairman to sign the Certificate
Regarding Matching Funds and Certificate of Equipment for Casting and Counting
Ballots.
OBJECTIVE: To obtain authorization to accept funds from the Department of State,
Division of Elections, for additional federal election activities beyond the Supervisor of
Elections' current programs, for the Board to have its Chairman sign the Certificate
Regarding Matching Funds and Certificate of Equipment for Casting and County Ballots
(see Attachment "D" and "F", respectively, to Memorandum of Agreement), and to
authorize any necessary budget amendments to receive and expend those funds, as well
as any interest earned.
CONSIDERATIONS: The 2015 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 2014 General
Election, as certified by the Department of State. Collier County's share of those funds is
$31,510.12, (see Attachment "C" to MOA). In order to receive the $31.510.12, the
Chairman of the Board of County Commissioners must certify that the county will
provide a 15% ($4,726.52) matching contribution. This matching contribution was
included in the Supervisor of Elections 2014/2015 budget. In addition. per the Certificate
of Equipment for Casting and Counting Ballots (see Attachment "F" to MOA), the
Florida Department of State requires that each county certify that prior to the receipt and
use of FY15/16 HAVA funds that said county has purchased and made available
sufficient equipment for casting and counting ballots to meet the needs of the county
electors for the next regularly scheduled General Election.
FISCAL IMPACT: The County will incur a fiscal impact of $4,726.52, which
constitutes the required matching contribution necessary for the Collier County
Supervisor of Elections to receive the $31.510.12 from the Division of Elections.
Anticipated interest is also being budgeted in the amount of$100.00. The funds received
will be appropriated in the Supervisor of Elections budget with definitive project
tracking.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality
and requires a majority vote for Board approval. - ERP
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
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budget amendments to receive and expend those funds, as well as any interest earned, and
that the Board's Chairman sign the Certificate Regarding Matching Funds and Certificate
of Equipment for Casting and County Ballots.
Submitted by: Jennifer J. Edwards, Supervisor of Elections
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.161.16.1.1.
Item Summary: Recommendation to approve an agreement authorizing the Collier
County Supervisor of Elections to accept federal election activities funds with a 15% matching
contribution and to authorize the Board Chairman to sign the Certificate Regarding Matching
Funds and Certificate of Equipment for Casting and Counting Ballots.
Meeting Date: 9/22/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
9/3/2015 11:23:32 AM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
9/3/2015 11:23:33 AM
Approved By
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 9/3/2015 11:27:41 AM
Name: KlatzkowJeff
Title: County Attorney.
Date: 9/4/2015 1:22:10 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 9/9/2015 9:54:41 AM
Name: IsacksonMark
Title: Division Director- Corp Fin & Mgmt Svc, Office of Management&Budget
Date: 9/9/2015 11:01:59 AM
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Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/9/2015 11:21:56 AM
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9/22/2015 16.J.1 .
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, Naples, FL 34112. This agreement is effective as of
the date fully executed by the parties.
I. GOVERNING LAW
The Department is authorized pursuant to specific appropriation 3078 of the 2015-2016
General Appropriations Act (see Section 6, Chapter 2015-232, 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 2015-2016 ("FY 2015-2016 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.
Specific Appropriation 3078 proviso language authorizing the use of funds is attached hereto as
Attachment A.
II. SCOPE OF USE AND RESTRICTIONS
A. Scope of Work. The Supervisor shall only use the FY 2015-2016 funds to provide services
for one or more of the following federal election administration scope of work in the
following categories (the Federal Election Activities Plan,Attachment B(template),contains
more specific examples).
• Voter Education
• Poll Worker Training
• Standardizing Election Results Reporting
• Other Federal Election Administration Activities, as approved by the Department of
State.
B. Deliverables.
Payment 1, Deliverable/Task 1:
• Payment will be a fixed price in the amount identified in Attachment C. Any expenses
made must relate to the activities as identified in the originally approved or
subsequently revised and approved Federal Election Activities Plan (Attachment B) and
all required documents under Section Ill (A)provided in this contract.
C. Length of Agreement.This agreement shall begin the date the agreement is signed by both
the Supervisor and the Department and continue until all grant funds have been expended.
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D. Minimum Performance Standards. The Supervisor shall submit an annual report (DS-DE
128, Revised 11-15-13) by December 31 of every year until the funds are expended to show
the deliverables have been achieved. The Supervisor must attach to the report 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,
and/or poll worker training payroll registers, as well as MOVE Act Implementation and
Maintenance and Software and Hardware Technology as described in Attachment B.
E, Interest bearing account/public depository and accounting.The Supervisor must establish
and maintain the FY 2015-16 funds in an interest bearing account in a "qualified public
depository" as defined by section 280.03, Florida Statutes, The Supervisor must segregate
federal funds and required county matching dollars in a separate account established to
hold only such funds or in an account in which funds may be tracked by different account
codes. For example, do not comingie NAVA funds for voting systems assistance with funds
for voter education.
Funds in this account must be used only for the activities for which the funds were received.
Funds shall remain in the account to be used for the same purposes for subsequent years or
until such funds are expended.
Please note that separate public depository requirements apply under chapter 280, Florida
Statutes,but are outside the scope of enforcement of this agreement.The Supervisor will
be required to execute and retain in the official records a Public Deposit Identification and
Acknowledgment Form LDFS-J1-1295) and to submit a Public Depositor Annual Report to
the Chief Financial Officer{DFS-J1-1009)to the Public Deposits Program, Florida
Department of Financial Services. Refer to The Department of Financial Services Collateral
Management for Governmental Units page for more information,or contact the Program
Administrator at 850-413-3360.
The Supervisor shall maintain separate accounting records for each of the funding sources
g g
Identified under its plan submitted pursuant to this agreement.
F. Restrictions. Funds will 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.
Funds may 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,
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Ill. DISBURSEMENT
The Department shall distribute to each eligible county supervisor of elections upon request an
amount equal to the funding level per voter multiplied by the number of active registered
voters in the county for the 2014 General Election.The Supervisor shall receive a sum certain as
outlined in Attachment C.
A. Submissions. Prior to receipt of FY 2015-2016 funds under this agreement, the Supervisor
must additionally submit to the Department:
• A Federal Election Activities Plan (DS-DE 126, Revised 6/4/2014) that contains a detailed
description of the programs that will be implemented. Boxes should be marked for
federal election administration activities that will be used as well as for all sources of
funding that apply, i.e. Include the source of funds (federal, county matching funds,
interest earned and other county funds (local) being used for each federal election
activity set forth in the plan. This form is attached hereto as Attachment 8. Please
provide SAMPLES of all voter education printed documents and transcripts of audio and
video recordings or clips.
• A written certification from the county governing body (e.g. Board of County
Commissioners) (DS-DE 127, Revised 6/4/2013) that matching funds will be provided in
an amount equal to fifteen percent(15%)of the amount to be received from the state.
This form is attached hereto as Attachment D. If the county governing body fails to
appropriate the matching funds, the Supervisor must return or repay to the 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
attached hereto as Attachment E. [Executive Order 12549, Debarment and Suspension,
45 CFR 1183.35, prohibits the disbursement of federal funds to the intended recipient of
such funds or to any sub-recipient thereunder unless such recipient and each sub-
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" (DS-DE 135,
Effective 7/10/13), attached hereto as Attachment E. This is required if the request, in
part or in full, is to use HAVA funds for the purpose of purchasing emerging or
enhancing software and hardware technology.
IV. Electronic Payments
The Supervisor may choose to use electronic funds transfer(EFT)to receive grant payments. All
Supervisors wishing to receive their award through electronic funds transfer must submit a
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Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has
already been set up for your organization,you do not need to submit another authorization
form unless you have changed bank accounts.To download this form visit
http://www.myfloridacfo.com/Division/AA/Forms/DFS-A1-26E.pdf:This page also includes
tools and information that allow you to check on payments.
V. MONITORING,AUDITS,AND REPORTS
The administration and use of funds are subject to monitoring,audits, and reports as follows;
A. Monitoring.
In addition to reviews of audits conducted in accordance with 2 CFR 2§200.328, as revised, and
Section 215.97, F.S., (see Attachment G) monitoring procedures may include, but not be limited
to, on-site visits by Department staff, limited scope audits as defined by 2 CFR 2 §200.328, as
revised, and/or other procedures. By entering into this agreement, the Recipient agrees to
comply and cooperate with any monitoring procedures/processes the Department deems
appropriate.
The Department shall closely monitor the Supervisors' annual 'expenditure reports 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.
For additional guidance to state and federal monitoring and auditing requirements, refer to:
htta://election.dos.state.fi.us/hava/index.shtml and http://www.eac.gov.
B. Financial reports. The Supervisor shall submit the following written financial reports to the
Department:
• Expenditure report. This report is due every year in which HAVA funds remain and/or
are expended. If expenses are made at any time from the date of Initial receipt of the
FY 2015-2016 Federal Election Activities grant funds through September 30 of the year
received, the first report is due on December 31 of that year. Thereafter; an
expenditure report is only due on December 31 of every year in which expenditures
were made and/or funds remain to cover the preceding October 1St through September
30th period until all funds are fully expended. The Supervisor shall indicate on the report
if the funds are fully expended during the expenditure period being reported.
The report shall be filed using Form DS-DE 128 (rev. 11-15-13) provided by the
Department. 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 in Section III.
Disbursements, Section A. Submissions, Bullet number 2. Failure to appropriate the
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county matching funds or reversion of those funds back to the county for any reason
must be reported to the Department.
Each financial report shall include the billing or itemized receipts in support of the
expenditures for the services or products used. The voter education publications must
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,documentation may Include a copy of or the actual product or publication and
an Indication of how many individual items were produced or printed. For services,
documentation may include a copy of or the actual newspaper article, audio recording,
or video clip and/or template or transcript thereof,and an indication of how many times
it was published,aired, or accessed,or a copy of the graphics template and content
layout for a special created webpage.
• Annual remaining balance report. Supervisors of Elections shall report to the Department
of State any unspent funds remaining on June 30 of each fiscal year. The report form (DS-
DE 129, Revised 7/5/11) will be provided by the Department. This report is due on or
before July 31 of every year until such funds are fully expended.
C. Reporting Requirements
Copies of financial reporting packages as described in section .320(c), 2. CFR 2 §200.328 (as
revised)for audits conducted by or on behalf of the Recipient pursuant to Attachment G of this
agreement,shall be submitted as required to:
Department of State Department of State Auditor General's Office Federal Audit
Division of Elections Office of Inspector General Room 401,Pepper Bldg Clearinghouse
R.A.Gray Building,Ste 316 R.A.Gray Bldg.,Rm,114-A 111 West Madison St. Bureau of the Census
500 S.Bronough St. 500 S.Bronough Street Tallahassee,FL 1201 East 10th St.
Tallahassee,FL Tallahassee,FL 32399-1450 Jeffersonville,IN
32399-0250 32399-0250 47132
Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),2
CFR 2§200.328(as revised).
Any reports, management letter,or other information required to be submitted to the
Department pursuant to this agreement shall be submitted timely and in accordance with 2 CFR
2§200.328,the Florida Statutes,and Chapter 10.550(local governmental entities) of the Rules
of the Auditor General,whichever is applicable
{http://www.myflorida.com/audeen/pages/localgovt.htm).The correspondence accompanying
the financial reporting package forwarded to the Department must include the date the
Recipient received the reporting package.
Vl. RECORD RETENTION
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The Supervisor shall keep and maintain accurate and detailed records (e.g., invoices, receipts,
and other documentation) sufficient to identify how and whether expenditures were used for
authorized purposes, to support financial reporting, and to conduct audits as may be required
or requested. in accordance with Attachment A, these records must be retained for five fiscal
years after the last report that all funds have been fully expended,or funds are returned by the
county, or three years after the date an audit report is issued, whichever is earlier. The
Supervisor shall allow the Department or Its designee, CFO, or Auditor General access to such
records, including the audit working papers upon request. Failure to provide adequate
documentation shall result In a request to return the funds to the Department.
VII. INCORPORATED DOCUMENTS
This agreement incorporates by reference the following documents:
• Attachment A: General Appropriations Act Proviso Language
• Attachment B: Federal Election Activities Plan (Form DS-DE 126,rev. 6/4/2014)
• Attachment C: Federal Election Activities-Funds Allocation per County/County Matching
Funds
• Attachment D: Certificate Regarding Matching Funds (Form DS-DE 127, rev. 6/4/2013).
• Attachment E: Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions (ED federal form GCS-009, v. 6/88)
• Attachment F: Certificate of Equipment for Casting and Counting Ballots (Form DS-DE
145, rev. 07/10/2013)
• Attachment G:Single Audit Act Requirements and Exhibit I
VIII. ENTIRETY OF THE AGREEMENT
All terms and conditions of this agreement are fully set forth in this document and attachments
incorporated by reference and shall be governed by the laws of the State of Florida regardless
of any conflict of laws provisions. In any proceeding or action brought under this section,the
parties agree that proper venue will be in Leon County,Florida:The Department shall not be
liable for attorney fees, interest, late charges or service fees,or costs of collection related to
this agreement.
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their
undersigned officials as duly authorized.
County Supervisor of Elections 7 FL Department of State/Division of Elections
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County F It Numbe,r]j '()— 2.5 -7q 2...
Witness: ,/ l,Ijy" AM Witness: I
Date: . 7.7i' • /-1 Date:
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ATTACHMENT A to MOA#2015-2016-0001
3078 SPECIAL CATEGORIES
GRANTS AND AIDS-FEDERAL ELECTION ACTIVITIES (HELP AMERICA VOTE ACT)
FROM FEDERAL GRANTS TRUST FUND . .. 2,000,000
Funds in Specific Appropriation 3078 shall be distributed to county supervisors of elections to
be used for election administration activities such as voter education;poliworker training;
standardizing elections results reporting;or other federal election administrative activities as
approved by the Department of State.
County supervisors of elections will receive funds only after providing the Department of State
a detailed description of the programs that will be implemented. Funds distributed to county
supervisors of elections require a certification from the county that matching funds will be
provided in an amount equal to fifteen percent of the amount to be received from the state,
Also, before a county supervisor of elections receives funds for 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,the
software or technology must first be certified or approved,whichever is applicable by the
Department of State. Additionally, before the Supervisor can receive funds for emerging or
enhancing technology,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.
To be eligible, a county must segregate federal funds and required county matching dollars in a
separate account established to hold only such funds. Funds in this account must be used only
for the activities for which the funds were received. Funds shall remain in the account to be
used for the same purposes for subsequent years or until such funds are expended. Supervisors
of elections shall report to the Department of State any unspent funds remaining on June 30 of
each fiscal year
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•
ATTACHMENT C to MOA 2015-2016-0001
DEPARTMENT OF STATE
DIVISION OF ELECTIONS
FEDERAL ELECTION ACTIVITIES
FY 2015-2016
2014 Federal Election County
General Activities Matching
Election Funding Funds
County Registered Voters Per County 15%
Alachua 157,848 $ 26,458.96 $ 3,968.84
Baker 13,948 $ 2,338.01 $ 350,70
Bay 112,636 $ 18,880.39 $ 2,832.06
Bradford 15,661 $ 2,625.14 $ 393.77
Brevard 379,108 $ 63,547.24 $ 9,532.09
Broward 1,067,083 $ 178,867.71 $ 26,830.16
Calhoun 8,349 $ 1,399.48 $ 209.92
Charlotte 120,030 $ 20,119.80 $ 3,017.97
Citrus 97,335 $ 16,315.59 5 2,447.34
Clay 136,148 $ 22,821.54 $ 3,423.23
Collier 187,982 $ 31,510.12 $ 4,726.52
Columbia 35,464 $ 5,944.58 $ 891.69
DeSoto 14,939 $ 2,504.12 $ 375.62
Dixie 9,939 $ 1,666.01 $ 249.90
Duval 552,158 $ 92,554.41 $ 13,883.16
Escambia 200,953 $ 33,684.36 $ 5,052.65
Flagier 71,835 $ 12,041.20 $ 1,806.18
Franklin 7,246 $ 1,214.60 $ 182.19
Gadsden 28,990 $ 4,859.39 $ 728.91
Gilchrist 11,099 $ 1,860.45_ $ 279.07
Glades 5,962 $ 999.37 $ 149.91
Gulf 9,510 $ 1,594,10 $ 239.11r
Hamilton _ 7,765 $ 1,301.59 $ 195.24
Hardee 10,998 $ 1,843.52 $ 276.53
Hendry 16,616 $ 2,785.22 .$ 417.78
Hernando 124,800 $ 20,919.36 $ 3,137.90
Highlands 60,515 $ 10,143.71 $ 1,521.56
Hillsborough 765,993 $ 128,398.09 $ 19,259.71
Holmes 11,123 $ 1,864.47 $ 279.67
Indian River I 97,947 $ 16,418.18 $ 2,462.73 5
Jackson 28,116 $ 4,712.89 $ 706.93
Jefferson 9,393 $ 1,574.48 $ 236.17
Lafayette 4,464 $ 748.27 $ 112.24
Lake 207,328 $ 34,752.95 $ 5,212.94
Lee 405,730 $ 68,009.70 $ 10,201.46
Leon 191,780 $ 32,146.75 $ 4,822.01
Levy 25,877 $ 4,337.58 $ 650.64
Liberty 4,483 $ 751.45 $ 112.72
Madison 11,531 $ 1,932.86 $ 289.93
Manatee 212,609 $ 35,638.17 $ 5,345.73 '
Marlon 216,012 $ 36,208.59 $ 5,431.29 t
Martin 105,248 $ 17,641.99 $ 2,646.30 r
Miami-Dade 1,300,455 $ 217,986.24 $ 32,697.94
Monroe 51,235 $ 8,588.17 $ 1,288.23
Nassau ' 55,696 $ 9,335.93 $ 1,400.39
Oka loose I 123,712 . $ 20,736.98 $ 3,110.55
Attach C-FEA Funds per County FY 2015-2016 FINAL.xls 1 7124115
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ATTACHMENT C to MOA 2015-2016-0001
DEPARTMENT OF STATE
DIVISION OF ELECTIONS
FEDERAL ELECTION ACTIVITIES
FY 2015-2016
2014 Federal Election County
General Activities Matching
Election Funding Funds
County Registered Voters Per County 15%
Okeechobee 19,480 $ 3,265.30 $ 489.79
Orange 723,401. $ 121,258.68 $ 18,188.80
Osceola 167,672 $ 28,105.69 $ 4,215.85
_
Palm Beach 852,211 $ 142,850.21 $ 21,427.53
Pasco 304,868 $ 51,102.91 $ 7,665.44
Pinellas 623,605 $ 104,530.57 $ 15,679.59
Polk 358,332 $ 60,064.70 _$ 9,009.71
Putnam 45,153 $ 7,568.68 $ 1,135.30
St.Johns 160,561 $ 26,913.73 $ 4,037.06
St. Lucie 182,254 $ 30,549.97 $ 4,582.50
Santa Rosa 124,433 $ 20,857.84 $ 3,128.68
Sarasota 277,296 $ 46,481.20 $ 6,972.18
Seminole 266,005 $ 44,588.57 7$ 6,688.29
Sumter 82,603 $ 13,846.17 $ 2,076.93
Suwannee 25,049 $ 4,198.79 $ 629.82
Taylor 12,109 $ 2,029.75 $ 304.46
Union 7,171 $ 1,202.02 $ 180.30
Volusia 330,613 $ 55,418.36 $ 8,312.75
Wakulia 18,81.7 $ 3,154.16 $ 473.12
Walton 41,778 $ 7,002.96 $ 1,050.44
Washington 14,473 $ 2,426.01 $ 363.90 j
!TOTAL I 11,911,5331 $ 2,000,000.00 ] r 300,500.00 I
FY 2015-2016 APPROPRIATION-FEDERAL ELECTION ACTIVITIES $2,000,000
2014 General Election-Total Number of registered voters In the state 11,931,533
FUNDING LEVEL PER INDIVIDUAL VOTER $0.1676
(Based on FY 2015-2016 appropriation for Federal Election Activities
divided by the total number of registered voters in the state
for the 2014 General Election.)
1
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Attach C-FEA Funds per County FY 2015-2016 FINAL.xis 2 7/24/15 1
1
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ATTACHMENT D of MOA 2015-2016-0001
Certificate Regarding Matching Funds
(, Tim Nance, 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 2015-2016 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 $4,726.52. I understand that if the Board fails to appropriate the matching funds, all
funds received from the state for this grant during the 2015-2016 state fiscal year will be
required to be returned to the Department of State.
Chairman, Board of County Commissioners
Date
ATTEST Approval as to form and lieu
DWIGHT E. BRCYCK, Clerk
By. Assistant County Attorney
DS-DE 127
Revised 6/4/13
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ATTACHMENT E to MOA 201 5-2016-0001
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION LOWER IR COVERED TRANSACTIONS
EXCLUSION
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.
Jennifer J.Edwards,Collier County Supervisor of Elections
Name and Title of Authorized Representative
Signature / ; Date
ED Form GCS-009,6/88
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ATTACHMENT F of MOA 2015-2016-0001
Certificate of Equipment for Casting and Counting Ballots
We, Jennifer J. Edwards, Supervisor of Elections and Tim Nance, Chairman of Board of County
Commissioners, of Collier County, Florida, do hereby certify that prior to the receipt and use of
fiscal.year 2015-2016 HAVA funds for the purchase of State-approved or certified (whichever is
applicable) emerging or enhancing software or hardware technology as allowable per
Attachment A-1, the county has purchased and made available sufficient equipment for casting
and counting ballots to meet the needs of the county electors for the next regularly scheduled
general election. if the Florida Department of State determines that there is insufficient
equipment for casting and counting ballots for the next regularly scheduled general election as
herein certified, we shall return the HAVA funds that were used to purchase other emerging or
enhancing software and hardware technology to the State.
/i
�� t {; (. ,
(�"•-- 11--"r-- tom? ''.1� i�.�+� i:- r r
J } I
Supervisor of iectuor's Chairman, Board of County Commissioners
C-'' 7, it �
Date Date
Approved as to form and iega[i
ATTEST:
Assistant County Attorney
DWIGHT E. BROCK, Clerk
By: . _.._ ____
DS-DE 135
Revised 7/10/13
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ATTACHMENT G to MOA#2015-2016-0001
Florida Single Audit Act Requirements
AUDIT REQUIREMENTS II
The administration of resources awarded by the Department of State to the Supervisor may
be subject to audits and/or monitoring by the Department of State as described In this
Addendum to the Grant Award Agreement.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 2 Subpart F -- Audit
Requirements, and Section 215.97, Florida Statutes, monitoring procedures may include,
but not be limited to, on-site visits by Department of State staff, limited scope audits as
defined by 2 CFR 2 §200.328, and/or other procedures. By entering into this agreement,
the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of State. In the event the Department of State
determines that a limited scope audit of the recipient is appropriate,the recipient agrees to
comply with any additional instructions provided by the Department of State staff to the
recipient regarding such audit. The recipient further agrees to comply and cooperate with
any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial
Officer or Auditor General.
AUDITS
PART I FEDERALLY FUNDED •
This part is applicable if the recipient is a State or local government or a non-profit
organization that has received federal funds awarded through the Department of State.
EXHIBIT 1 to this attachment indicates whether federal resources have been awarded
through the Department of State by this agreement.
2 CFR 2 §200.501 Audit Requirements
(a)Audit required. A non-Federal entity that expends$750,000 or more during the non-Federal
entity's fiscal year In Federal awards must have a single or program-specific audit conducted for
that year in accordance with the provisions of this part.
(b) Single audit. A non-Federal entity that expends $750,000 or more during the non-Federal
entity's fiscal year in Federal awards must have a single audit conducted in accordance with 2
CFR §200.514 Scope of audit except when it elects to have a program-specific audit conducted
in accordance with paragraph (c)of this section.
--
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(c) Program-specific audit election. When an auditee expends Federal awards under only one
Federal program (excluding R&D) and the Federal program's statutes, regulations, or the terms
and conditions of the Federal award do not require a financial statement audit of the auditee,
the auditee may elect to have a program-specific audit conducted in accordance with 2 CFR
§200.507 Program-specific audits.A program-specific audit may not be elected for R&D unless
all of the Federal awards expended were received from the same Federal agency, or the same
Federal agency and the same pass-through entity, and that Federal agency, or pass-through
entity in the case of a subrecipient,approves in advance a program-specific audit.
(d) Exemption when Federal awards expended are less than$750,000. A non-Federal entity that
expends less than $750,000 during the non-Federal entity's fiscal year in Federal awards is
exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503
Relation to other audit requirements, but records must be available for review or audit by
appropriate officials of the Federal agency, pass-through entity, and Government Accountability
Office(GAO).
(e) Federally Funded Research and Development Centers (FFRDC). Management of an auditee
that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes
of this part.
(f)Subrecipients and Contractors. An auditee may simultaneously be a recipient, a subrecipient,
and a contractor. Federal awards expended as a recipient or a subrecipient are subject to audit
under this part, The payments received for goods or services provided as a contractor are not
Federal awards. Section §200.330 Subrecipient and contractor determinations should be
considered in determining whether payments constitute a Federal award or a payment for
goods or services provided as a contractor.
(g) Compliance responsibility for contractors. in most cases, the auditee's compliance
responsibility for contractors is only to ensure that the procurement, receipt, and payment for
goods and services comply with Federal statutes, regulations, and the terms and conditions of
Federal awards. Federal award compliance requirements normally do not pass through to
contractors. However, the auditee is responsible for ensuring compliance for procurement
transactions which are structured such that the contractor is responsible for program
compliance or the contractor's records must be reviewed to determine program compliance.
Also, when these procurement transactions relate to a major program, the scope of the audit
must include determining whether these transactions are in compliance with Federal statutes,
regulations, and the terms and conditions of Federal awards.
(h) For-profit subrecipient. Since this part does not apply to for-profit subrecipients, the pass-
through entity is responsible for establishing requirements, as necessary, to ensure compliance
by for-profit subrecipients. The agreement with the for-profit subrecipient should describe
applicable compliance requirements and the for-profit subrecipient's compliance responsibility.
Methods to ensure compliance for Federal awards made to for-profit subrecipients may include
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pre-award audits, monitoring during the agreement, and post-award audits. See also §200.331
Requirements for pass-through entities.
The Internet web address listed below will assist recipients in locating documents
referenced in the text of this agreement and the interpretation of compliance issues.
U.S. Government Printing Office
www.ecfr.gov
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1),
Florida Statutes and has received state funds awarded by the Department of State. EXHIBIT
1 to this attachment indicates whether state resources have been awarded by the
Department of State by this agreement.
Section 215.97 Florida Statutes Single Audit Requirements
1. In the event that the recipient expends a total amount of state financial assistance equal
to or in excess of$500,000 in any fiscal year of such recipient, the recipient must have a
State single or project-specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes;applicable rules of the Executive Office of the Governor and the
Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
agreement indicates state financial assistance awarded through the Department of
State by this agreement. in determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including
state financial assistance received from the Department of State, other state agencies,
and other nonstate entities. State financial assistance does not include Federal direct or
pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. in connection with the audit requirements addressed in Part U, paragraph 1, the
recipient shall ensure that the audit complies with the requirements of Section
215.97(7), Florida Statutes. This includes submission of a financial reporting package as
defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year,
an audit conducted in accordance with the provisions of Section 215.97, Florida
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Statutes, is not required. In the event that the recipient expends less than $500,000 in
state financial assistance in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes,the cost of the audit
must be paid from the nonstate entity's resources (i.e., the cost of such an audit must
be paid from the recipient's resources obtained from other than State entities).
The Internet web addresses listed below will assist recipients in locating documents
referenced in the text of this agreement and the interpretation of compliance issues.
State of Florida Department Financial Services(Chief Financial Officer)
www.fidfs.com/
State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act)
www.lee.state.fi.us/
PART Ill: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 2
§200.512, and required by PART I of this agreement shall be submitted, when
required by 2 CFR 2 §200.512, by or on behalf of the recipient directly to each of the
following:
A. The Department of State at the following address:
Office of inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St,
Tallahassee, FL 32399-0250
B. The Federal Audit Clearinghouse electronically at horvester.census.gov/sac/ as
designated in 2 CFR 2 §200.512
C. Other Federal agencies and pass-through entities in accordance with 2 CFR 2
§200.513
2. In the event that a copy of the reporting package for an audit required by PART I of this
agreement and conducted in accordance 2 CFR 2 §200.501 Audit Requirements, is not •
required to be submitted to the Department of State for the reasons pursuant to 2 CFR
2 §200.501, the recipient shall submit the required written notification pursuant to 2
CFR 2 §200.501 (d) and a copy of the recipient's audited schedule of expenditures of
Federal awards directly,to the following:
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Office of Inspector General
Florida Department of State
R.A.Gray Building, Room 114A
500 South Bronough St.
Tallahassee,FL 32399-0250
3. Copies of financial reporting packages required by PART II of this agreement shall be
submitted by or on behalf of the recipient directly to the following:
A. The Department of State at the following address:
Office of Inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St.
Tallahassee, FL 32399-0250
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted to the
Department of State pursuant to this agreement shall be submitted timely in
accordance with 2 CFR 2 Subpart F—Audit Requirements, Section 215.97, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Department of State
for audits done in accordance with 2 CFR 2 Subpart F or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, should indicate the date that the reporting package was delivered to
the recipient In correspondence accompanying the reporting package.
PART IV: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of five years from the date the audit report is
issued, and shall allow the Department of State, or its designee, Chief Financial
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Officer, or Auditor General access to such records upon request. The recipient shall
ensure that audit working papers are made available to the Department of State, or
its designee, Chief Financial Officer, or Auditor General upon request for a period of
three years from the date the audit report is issued, unless extended in writing by the
Department of State.
1
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Exhibit 1
Federal resources awarded to the recipient pursuant to this agreement consist of the
following:
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 pursuant to this
agreement are as follows:
CFDA Number 90.401, Help America Vote Act Requirements Payments
Part 1 of Subtitle D of Title II (Sections 251-258) and Title Ill of Public Law 107-252,the Help
America Vote Act of 2002, Sections 301-305, and Sections 902 and 906. EAC has determined
that the following Office of Management and Budget guidelines apply: 2§CFR Part 225;
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments (Common Rule,Administrative Requirements,53 FR 8087, March 11, 1988)
State resources awarded to the recipient pursuant to this agreement consist of the following:
Not Applicable.
Matching resources for federal programs:
Not Applicable.
Subject to section 215.97, Florida Statutes:
Not Applicable.
Compliance requirements applicable to state resources awarded pursuant to this agreement
are as follows:
Not Applicable,
(
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