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Agenda 11/08/2011 Item #16J4n EXECUTIVE SiJA+II1ZARY 11/8/2011 Item 16.JA Recommendation to approve a budget amendment recognizing Federal HHS Vote Program Grant Award 2007 Funds for Voting Accessibility for Individuals with Disabilities. OBJECTIVE: To obtain the Board of Commissioner's approval to recognize Federal HHS Vote Program Grant Award 2007 Funds for Voting Accessibility for Individuals with Disabilities. CONSIDERATIONS: The Florida Department of State has been awarded the 2007 U.S. Department of Health and Human Services (HHS) VOTE Program grant funds in the amount of $581,812 to assist with making polling places accessible to the disability community. Supervisor of Elections are eligible to receive a specified amount of this grant for their respective county based on a formula for distribution. The Florida Division of Elections shall award the Collier County Supervisor of Elections a total of $9,845.07, (see Exhibit 1, Attachment A). FISCAL IMPACT: The Collier County Supervisor of Elections will receive $9,845.07 from the Florida Division of Elections to be appropriated in the Supervisor of Elections budget with definitive project tracking. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, does not present a legal issue and only requires a majority vote for Board approval —SRT. RECOMMENDATION: That the Collier County Board of County Commissioners approve a budget amendment recognizing $9,845.07 in Supervisor of Elections grant fund. Submitted by: Jennifer. J. Edwards, Supervisor of Elections Packet Page -1452- 11/8/2011 Item 16.J.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.14. Item Summary: Recommendation to approve a budget amendment recognizing Federal HHS Vote Program Grant Award 2007 Funds for Voting Accessibility for Individuals with Disabilities. Meeting Date: 11/8/2011 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 10/21/20117:59:59 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 10/21/20118:00:01 AM Approved By Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 10/21/20119:39:34 AM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 10/25/20119:23:46 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/28/2011 1:26:50 PM Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 10/28/2011 1:56:59 PM Packet Page -1453- FLORIDA DEPARTMENT D STATE RICK SCOTT Governor 11/8/2011 Item 16.J.4. KURT S. BROWNING Secretary of State MEMO DUM To: Supervisors of Elections From: Dr. Gisela Salas, D' ctor, Division of Elections OCT 6 2011 Pm12:17 Date: October 3, 2011 Subject: 2007 HHS VOTE Program Grant The Department of State has been awarded the 2007 U.S. Department of Health and Human Services (HHS) VOTE Program grant funds in the amount of $581,812 from HHS to assist with making polling places accessible to the disability community. Supervisors of Elections are eligible to receive a specified amount of this grant for their respective county based on a formula for distribution that includes the number of polling places that were used on Election Day, ^ November 2, 2010. This information was obtained from data provided by the Supervisors of Elections for the U.S. Election Assistance Commission 2010 Election Administration and Voting Survey. These funds are available until September 30, 2012. The Supervisors of Elections may determine which categories to use based on their county's specific needs. If a county needs to use funds from a category that is normally used for other purposes, they simply need to write a justification explaining their county's needs regarding polling place accessibility and why they are using a category that normally would be used for other purposes. To request a reimbursement from the HHS grant funds for purchases already made, please use the attached Certificate for Reimbursement Request for Use of HHS VOTE Program Grant Funds (DS -DE 130, Revised 7/19/2011). Please submit one of the documents listed below for each of the items referenced on the Certificate: • an invoice showing a zero balance; or an invoice with the check number and date written on it; or an invoice with a copy of a cancelled check. A Certificate must be submitted with each request that identifies the purpose and amount of funding being requested by category. There is no limit on the number of requests that a supervisor may submit up to the maximum allocated amount for the respective county. Division of Elections R. A. Gray Building, Room 316 • 5Pn a -4 -i• u....,..••..s. ctreet • Tallahassee, Florida 32399 -0250 Telephone: (85( Packet Page - 1454 -mile: (850) 245 -6217 election. dos. state. fl.us 11/8/2011 Item 16.J.4. Supervisors of Elections ,--� 2007 HHS VOTE Program Grant October 3, 2011 Page Two Please sign and date the enclosed Memorandum of Agreement and the Debarment and Suspension form and return them to the Division of Elections. You will be provided with a copy of the agreement upon execution by the Division. When your county is ready to apply for a reimbursement, please submit the Certificate for Reimbursement Request for Use of HHS Vote Program Grant Funds as described above. If you have any questions or would like additional information, please contact Althera Johnson at (850) 245 -6211 or Joyce Durbin at (850) 245 -6206. GS /jd/ma Enclosures Packet Page -1455- 11/8/2011 Item 16.J.4. MEMORANDUM OF AGREEMENT FOR FEDERAL HHS VOTE PROGRAM GRANT This agreement, effective as of the date fully executed by the State of Florida, Department of State, Division of Elections ( "Department "), an agency of the State of Florida, the address of which is the R.A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399 -0250 and Collier County Supervisor of Elections, The Honorable Jennifer J. Edwards ( "Recipient "), the address of which is 3295 Tamiami Trail East, Reverend Dr. MLK, Jr. Building, Naples, FL 34112 -5758, is for the purpose of governing the receipt and use of federal funds as specified herein. I. Governing Law Grant funds are made available pursuant to Title II, Part 5, Subtitle D, section 261 of the Help America Vote Act of 2002 (HAVA) (42 USC 15421) to satisfy the accessibility requirements for individuals with disabilities. The Voting Access for Individuals with Disabilities (VOTE) Program within the Department of Health and Human Services (HHS) administers these grants to the States for this purpose. 11. Disbursement I Through the Grants and Donations Trust Fund, the Department of State is authorized to distribute to all 67 county Supervisors of Elections a sum total of five hundred eighty -one thousand eight hundred twelve dollars ($581,812) in federal HHS Vote Program Funds. The amount allocated for each respective county is set forth in Exhibit 1 to Attachment A. These funds, if unused, will revert to the federal program by the end of September 30, 2012. III. Scope of Use /Restrictions The funds shall be used solely to reimburse expenses made to establish, expand, and improve access to and participation in the election process by individuals with disabilities in the four categories of accessibility specified in Attachment A, incorporated by reference. No Recipient shall receive funds pursuant to this Agreement until the Recipient submits to the Department the two certificates specified in Attachment A. No Recipient shall use any funds received hereunder to support lobbying activities to influence proposed or pending federal or state legislation or appropriations but this does not affect the right of the Recipient, or that of any other organization to petition Congress, or any other level of Government, through the use of other resources. IV. Monitoring, Audits, and Reporting The administration of resources awarded to the Recipient may be subject to monitoring, audits and reporting requirements herein. MOA #2011 - 2012 -0002 Page 1 of 4 Packet Page -1456- 11/8/2011 Item 16.J.4. A. Monitoring In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised, and Section 215.97, F.S., (see Part B "Audits ") monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A- 133, 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. B. Audits 1. Federally Funded Audits (OMB Circular A -133, as revised.) In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient is required to have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. Attachment A and Exhibit -1 indicate Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -1331 as revised. An audit conducted by the Auditor General must satisfy the requirements of Subpart E of OMB Circular.A -133, as revised. In connection with the audit requirements the Recipient shall fulfill the responsibilities of an auditee as provided in Subpart C of OMB Circular A -133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. The Recipient, however, must make records available for review or audit upon request by appropriate officials of HHS, the Department, and the General Accounting Office (GAO). If the Recipient 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., resources obtained from 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 a limited scope audit or other type of audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by Department staff to the Recipient regarding such audit. If the Department determines that federal funds received under this Agreement were used for any unauthorized purpose or that the Recipient did not comply with this agreement or state or federal requirements for receipt, expenditure, or accounting, the Recipient must return or repay these federal funds in an amount sufficient to ensure or obtain compliance, including expenses for any corrective or remedial action. MOA #2011 - 2012 -0002 Page 2 of 4 Packet Page -1457- 11/8/2011 Item 16.J.4. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department of State, Chief Financial Officer (CFO) or Auditor General. Additional guidance to state and federal monitoring and auditing requirements may be found at http://www.eac.gov, and http:// election. dos .state.fl.us /hava/index.shtml 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 Recipient pursuant to Section IV.6.1 of this agreement, shall be submitted as required by sections .320(d) of such circular to: Department of State Division of Elections R.A. Gray Building, Ste 316 500 S. Bronough St. Tallahassee, FL 32399 -0250 Department of State Office of Inspector General R.A. Gray Building, Rm. 114A 500 S. Bronough Street Tallahassee, FL 32399 -0250 Auditor General's Office Room 401, Pepper Bldg 111 West Madison St. Tallahassee, FL 32399 -1450 Federal Audit Clearinghouse Bureau of the Census 1201 East 10`h St. Jeffersonville, IN 47131 Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133 (as revised). Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely and in accordance with OMB Circular A -133, the Florida Statutes, and Chapter 10.550 (local governmental entities) of the Rules of the Auditor General, whichever is applicable ( http: / /www.myflorida.com /audgen /pages /localgovt.htm). The correspondence accompanying the financial reporting package forwarded to the Department must include the date the Recipient received the reporting package. V. Record Retention The Recipient shall keep and maintain accurate and detailed records sufficient to demonstrate its compliance with the terms of this agreement. The Recipient 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, and the Recipient shall allow the Department or its designee, CFO, or Auditor General access to such records, including access to the audit working papers upon request. VI. Entirety of the Agreement All terms and conditions of this agreement are fully set forth in this document and its attachments 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. MOA #2011 - 2012 -0002 Page 3 of 4 Packet Page -1458- 11/8/2011 Item 16.J.4. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their undersigned officials as duly authorized. County Supervisor of Elections/ Recipient By: .'510 Typed name and title fitness i(7I�1� Date Department of State, Division of Elections/ Department By: Typed name and title Witness Date Please complete, sign & return the Memorandum of. Agreement and 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 -0002 Page 4 of 4 Packet Page -1459- 11/8/2011 Item 16.J.4. ATTACHMENT A to MOA # 2011 - 2012 -0002 FEDERAL RESOURCES AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program: U.S. Department of Health & Human Services- CFDA 93.617, Voting Access for Individuals with Disabilities — (i.e. VOTE Program) for the amount specified in Exhibit 1 to Attachment A. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT ARE AS FOLLOWS: 1. The Recipient may only use the funds received pursuant to this Agreement for expenses in any one or more of the following categories of accessibility: • Category 1: Making polling places accessible to individuals with disabilities (this includes the path of travel, entrances, exits, and voting areas of each polling facility); • Category 2: Providing access and participation to individuals with disabilities (this means providing the same opportunities for access and participation, privacy and independence provided to all other voters); • Category 3: Training election officials, poll workers, and election volunteers on how best to promote the access and participation of individuals with disabilities in elections for Federal office; and n • Category 4: Providing individuals with disabilities with information on accessibility of polling places. The Recipient determines which categories to use based on the respective county's specific needs. If the Recipient chooses to use funds for an item that is normally covered by another category, written justification explaining the reason must be provided. 2. Before receiving these funds, the Recipient must complete and submit to the Department: a. Certificate for Request of HHS Program Grant Funds (DS -DE 130, Revised 7/19/2011) attached as Exhibit -2. Supporting documents of expenditures must be included with the Certificate. Examples of acceptable documentation include copies of invoices or proof of payment (e.g., copy of cancelled check or check number and date paid written on the invoice or receipt paid by a bank card and a copy of the bankcard statement on the bank's letterhead. b. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions (ED Form GCAS -009 (6 /88)(attached as Exhibit -3). Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, prohibits the disbursement of federal funds to the intended recipient or any sub - recipient of such funds 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. Packet Page -1460- 11/8/2011 Item 16.J.4. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: N/A MATCHING RESOURCES FOR FEDERAL PROGRAMS: N/A SUBJECT TO SECTION 215.97, FLORIDA STATUTES: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT AR AS FOLLOWS; N/A Packet Page -1461- 11/8/2011 Item 16.J.4. EXHIBIT -1, ATTACHMENT A to MOA #2011- 2012 -0002 10-\ DEPARTMENT OF STATE DIVISION OF ELECTIONS POLLING PLACE ACCESSIBILITY - HHS GRANTS FY 2007 Grant COUNTY POLLING PLACES ELECTION DAY NOV. 2, 2010 TOTAL DISTRIBUTION PER COUNTY MAKING POLLING PLACES ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES 5% PROVIDING ACCESS AND PARTICIPATION TO INDIVIDUALS WITH DISABILITIES 90% TRAINING ELECTION OFFICIALS, POLL WORKERS & ELECTION VOLUNTEERS 3% PROVIDING INFORMATION ON POLLING PLACE ACCESSIBILITY 2% Alachua 70 7,410.27 370.51 6,669.24 222.31 148.21 Baker 8 846.89 42.34 762.20 25.41 16.94 Bay 53 5,610.63 280.53 5,049.57 168.32 112.21 Bradford 15 1,587.91 79.40 1,429.12 47.64 31.76 Brevard 127 13 444.35 672.22 12 099.91 403.33 268.89 Broward 782 82 783.29 4,139.16 74,504.96 2,483.50 1,655.67 Calhoun 12 1270.33 63.52 1,143.30 38.11 25.41 Charlotte 37 3,916.86 195.84 3,525.17 117.51 78.34 Citrus 43 4,552.02 227.60 4,096.82 136.56 91.04 Clay 60 6,3 1.66 317.58 5,716.49 190.55 127.03 Collier 93 9,845.07 492.25 8,860.56 295.35 196.90 Columbia 22 2 328.94 116.45 2,096.05 69.87 46.58 Desoto 13 1376.19 68.81 1,238.57 41.29 27.52 Dixie 10 1,058.61 52.93 952.75 31.76 21.17 Duval 250 26,465.25 1323.26 23,818.72 793.96 529.30 Escambia 83 8,786.46 439.32 7,907.82 263.59 175.73 Fla ler 35 3,705.13 185.26 3,334.62 111.15 74.10 Franklin 8 846.89 42.34 762.20 25.41 16.94 Gadsden 25 2,646.52 132.33 2,381.87 79.40 52.93 Gilchrist 10 1058.61 52.93 952.75 31.76 21.17 Glades 10 1,058.61 52.93 952.75 31.76 21.17 Gulf 9 952.75 47.64 857.47 28.58 19.05 Hamilton 9 952.75 47.64 857.47 28.58 19.05 Hardee 12 1,270.33 63.52 1,143.30 38.11 25.41 Hendry 22 2,328.94 116.45 2,096.05 69.87 46.58 Hernando 47 4,975.47 248.77 4,477.92 149.26 99.51 Highlands 25 2,646.52 132.33 2,381.87 79.40 52.93 Hillsborough 292 30,911.41 1,545.57 27 820.27 927.34 618.23 Holmes 7 741.03 37.05 666.92 22.23 14.82 Indian River 35 3,705.13 185.26 3,334.62 111.15 74.10 Jackson 14 1,482.05 74.10 1,333.85 44.46 29.64 Jefferson 15 1,587.91 79.40 1,429.12 47.64 31.76 Lafayette 5 529.30 26.47 476.37 15.88 10.59 Lake 95 10,056.79 502.84 9,051.11 301.70 201.14 Lee 136 14,397.09 719.85 12,957.39 431.91 287.94 Leon 104 11,009.54 550.48 9,908.59 330.29 220.19 Levy 15 1,587.91 79.40 1,429.12 47.64 31.76 Liberty 7 741.03 37.05 666.92 22.23 14.82 Madison 11 1,164.47 58.22 1,048.02 34.93 23.29 Manatee 127 13 444.35 672.22 12,099.91 403.33 268.89 Marion 122 12,915.04 645.75 11,623.54 387.45 258.30 Martin 46 4,869.61 243.48 4,382.64 146.09 97.39 Miami -Dade 541 57,270.80 2,863.54 51,543.72 1,718.12 1,145.42 Monroe 36 3,811.00 190.55 3,429.90 114.33 76.22 Nassau 18 1905.50 95.27 1714.95 57.16 38.11 Okaloosa 52 51504.77 275.24 4,954.29 165.14 110.10 Okeechobee 16 1,693.78 84.69 1,524.40 50.81 33.88 10rancie 220 23,289.42 1,164.47 20,960.48 698.68 465.79 Osceola 50 5,293.05 264.65 476374 158.79 105.86 Palm Beach 451 47,743.31 2,387.17 42,968.98 1,432.30 954.87 Exhibit 1 to Attach A - -HHS Distribution 2007 Funds FINAL Packet Page -1462- July 23, 2010 110\ 11/8/2011 Item 16.JA EXHIBIT -1, ATTACHMENT A to MOA #2011 - 2012 -0002 DEPARTMENT OF STATE DIVISION OF ELECTIONS POLLING PLACE ACCESSIBILITY - HHS GRANTS FY 2007 Grant 5% - Making polling places accessible to individuals with disabilities (this includes the path of travel, entrances, exits, and voting areas of each polling facility) 90% - Providing access and participation to individuals with disabilities (providing the same opportunities for access and participation, privacy and independence provided to all other voters) 3% - Training election officials, poiiworkers, and election volunteers on how best to promote the access and participation of individuals with disabilities in elections for Federal office. 2% - Providing individuals with disabilities with information on accessibility of polling places Exhibit 1 to Attach A - -HHS Distribution 2007 Funds FINAL Packet Page -1463- July 23, 2010 MAKING POLLING PROVIDING TRAINING PROVIDING POLLING TOTAL PLACES ACCESS AND ELECTION INFORMATION PLACES DISTRIBUTION ACCESSIBLE PARTICIPATION OFFICIALS, ON ELECTION DAY PER COUNTY TO INDIVIDUALS TO INDIVIDUALS POLL WORKERS POLLING NOV. 2, 2010 WITH WITH & ELECTION PLACE DISABILITIES DISABILITIES VOLUNTEERS ACCESSIBILITY COUNTY 5% 90% 3% 2% Pasco 129 13, 656.07 682.80 12,290.46 409.68 273.12. Pinellas 251 26, 571.11 1,328.56 23 914.00 797.13 531.42 Polk 154 16,302.59 815.13 14,672.33 489.08 326.05 Putnam 34 3,599.27 179.96 3,239.35 107.98 71.99 St. Johns 44 4657.88 232.89 4,192.10 139.74 93.16 St. Lucie 54 5,716.49 285.82 5,144.84 171.49 114.33 Santa Rosa 35 3 705.13 185.26 3,334.62 111.15 74.10 Sarasota 124 13, 26.76 656.34 11814.09 393.80 262.54 Seminole 98 10,374.38 518.72 9,336.94 311.23 207.49 Sumter 35 3,705.13 185.26 3 ,334.62 111.15 74.10 Suwannee 16 1,693.78 84.69 1,524.40 50.81 33.88 Taylor 14 1 482.05 74.10 1,333.85 44.46 29.64 Union 6 635.17 31.76 571.65 19.05 12.70 Volusia 136 14 397.09 719.85 12,957.39 431.91 287.94 Wakuila 12 1,270.33 63.52 1,143.30 38.11 25.41 Iton 33 3493.41 174.67 3,144.07 104.80 69.87 hin ton 16 1,693.78 84.69 1,524.40 50.81 33.88 1TOTAL 5,4961 581,812.00 1 29,090.601 523,630.80 r 17,454.36 11,636.24 5% - Making polling places accessible to individuals with disabilities (this includes the path of travel, entrances, exits, and voting areas of each polling facility) 90% - Providing access and participation to individuals with disabilities (providing the same opportunities for access and participation, privacy and independence provided to all other voters) 3% - Training election officials, poiiworkers, and election volunteers on how best to promote the access and participation of individuals with disabilities in elections for Federal office. 2% - Providing individuals with disabilities with information on accessibility of polling places Exhibit 1 to Attach A - -HHS Distribution 2007 Funds FINAL Packet Page -1463- July 23, 2010 11/8/2011 Item 16.J.4. Exhibit -2 to Attachment A of MOA #2011 - 2012 -0002 CERTIFICATE FOR REIMBURSEMENT REQUEST FOR USE 110� OF HHS VOTE PROGRAM GRANT FUNDS I, County Supervisor of Elections, request funds from the Voting Access for Individuals with Disabilities (VOTE) Program within the Department of Health and Human Services (HHS) to reimburse expenditures as follows: Request for Funds Category 1 To make polling places accessible to individuals with disabilities (this includes the path of travel, entrances, exits, and voting areas of each polling facility) $ Amount of request Category 2 To provide access and participation to individuals with disabilities (this means providing the same opportunities for access and participation, privacy and independence provided to all other voters) $ Amount of request Category 3 To train election officials, poll workers, and election volunteers on how best to promote the access and participation of individuals with disabilities in elections for Federal office $ Amount of request Category 4 : To provide individuals with disabilities with information on accessibility of polling places $ Amount of request $ Total amount of funds requested above. (Attach supporting documentation of expenditures made in the respective categories of activities, written justification when needed and the specified polling place where expenditures were made, if applicable.] Use of Funds I hereby certify that the funds: • Will be used solely to reimburse expenses made in accordance with the requirements of the HHS VOTE Program grant award and this agreement; • Will not be used to reimburse expenses for the support of state or federal lobbying activities in influencing proposed or pending federal or state legislation or appropriations; Supervisor of Elections Date DS -DE 130 Revised 7/19/2011 Packet Page -1464- 11/8/2011 Item 16.J.4. Exhibit 3 to Attachment A of MOA #2011- 2012 -0002 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 1183.3 5, 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. Name and Title of Authorized Representative ED Form GCS -009, 6/88 Packet Page -1465- 16, 19t 11/8/2011 Item 16.JA 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 Form GCS -009, 6/88 Packet Page -1466-