The URL can be used to link to this page

Agenda 03/26/2019 Item #16J 103/26/2019 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 of Collier County Commissioner's Chair to sign the Certificate of Equipment for Casting and Counting Ballots and Certificate County Match to Federal Grant Trust Funds under the Help America Vote Act. 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 Chair sign the Certificate of Equipment for Casting and County Ballots and Certificate County Match to Federal Grant Trust Funds under the Help America Vote Act (see Attachment "D" and `B," 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 2018 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 2010 Census Voting Age Population data, as certified by the Department of State. Collier County's share of those funds is $34,124.75, (see Attachment `B" to MOA). In order to receive the $34,124.75, the Chair of the Board of County Commissioners must certify that the county will provide a 15% ($5,118.71) matching contribution (see Attachment "E" to MOA). This matching contribution was included in the Supervisor of Elections 2018/2019 budget. In addition, per the Certificate of Equipment for Casting and Counting Ballots (see Attachment "D" to MOA), the Florida Department of State requires that each county certify that prior to the receipt and use of FY18/19 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 $5,118.71, which constitutes the required matching contribution necessary for the Collier County Supervisor of Elections to receive the $34,124.75 from the Division of Elections. Anticipated interest is also being budgeted in the amount of $250.00. The funds received will be appropriated in the Supervisor of Elections budget with definitive project tracking. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: That the Collier County Board of County Commissioners authorizes the Collier County Supervisor of Elections to approve an agreement providing for the receipt of federal election activities funds with a 15% matching contribution from the County, to authorize any necessary budget amendments to receive and expend those funds, as well as any interest earned, and that the Board's Chair sign the Certificate of Equipment for Casting and Counting Ballots and Certificate County Match to Federal Grant Trust Funds under the Help America Vote Act. Submitted by: Jennifer J. Edwards, Supervisor of Elections ATTACHMENT(S) 1. SOE Memo of Agreement (PDF) 16.J.1 Packet Pg. 1097 16.J.1 03/26/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.J.1 Doc ID: 8355 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 of Collier County Commissioners' Chairman to sign the Certificate of Equipment for Casting and County Ballots and Certificate County Match to Federal Grant Trust Funds under the Help America Vote Act. Meeting Date: 03/26/2019 Prepared by: Title: Executive Secretary to County Manager County Manager's Office Name: MaryJo Brock 03/18/2019 8:36 AM Submitted by: Title: County Manager — County Manager's Office Name: Leo E. Ochs 03/18/2019 8:36 AM Approved By: Review: Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Valerie Fleming Level 3 OMB Gatekeeper Review Laura Wells Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Leo E. Ochs Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 03/18/2019 9:49 AM Completed 03/18/2019 11:08 AM Completed 03/18/2019 1:15 PM Completed 03/19/2019 1:19 PM 03/26/2019 9:00 AM Packet Pg. 1098 MEMORANDUM OF AGREEMENT FOR FEDERAL ELECTION ADMINISTRATION ACTIVITiEs This agreement Is between the State of Florida, Department of State, Division of Elections ; ("Department"), an agency of the State of Florida, and Jennllar J. Edwards Supervisor of Elections for comer County, ("Sub-reciplent"). This agreement governs the receipt and use of federal funds as specified herein. 1. Governing Law Grant funds are made available pursuant to Specific Appropriation 3081, Chapter 2018-9, Laws iof Florida to provide funds to the 67 county supervisor of elections offices in the ongoing effort to impro a the administration of federal elections. See Attachment A for appropriation proviso. The Department of State is authorized to distribute to all 67 county Supervisors of Elections a sum total of two million dollars ($2,000,000) In non-recurring funds for fiscal year 2018-2019 from the Federal Grants Trust Fund, pursuant to section 251 of the Help America Vote Act of 2002 (HAVA) and t e Catalog of Federal Domestic Assistance (CFDA) 90.401 ("Help America Vote Act Requirements Payment;"), II. Scope of Work, Deliverables, Restrictions A. Scope of Work. Funds provided under this agreement shall be used for advance payment for allowable expenses to Improve the administration of federal elections. Those allowable expenses and the timeline) by when requests must be submitted are detailed in Table 1 In subsection B. For additional guidance on;allowabie and non -allowable expenses, see DE Guide 0018 - Allowable and Non -Allowable Expenses Vor HAVA Expenditures — Federal Election Activities Grant, B. Deliverables, Minimum Levels of Service, and Financial Consequences Table 1 Deliverables Minimum Level of Service Financial Consequences (1, 2, 3, and/or 4) 1. Federal Election Sub -recipient has until June 1, 2019 to if an initial application for funds Administration submit an application for these funds using is not submitted by une 1, Activities - Voter the DOS Online Grants program. 2019, funds shall re ert to the Education. Federal Grants Trusi Fund. 1 At the time of grant application, Sub - Examples )nclude; recipient shall provide a detailed description Any funds remalnino after Mailing and of the services and/or products to be December 31, 2020 or not publishing of sample provided, received and/or used by otherwise encumbered for ballots December 31, 2020. Once submitted and services and/or pro(lucts Mailing or publishing approved by the Department, a plan may be received or provided on or voter information amended once and no later than June 1, before December 31, 2020), cards 2020, including any intere it earned, Publishing of voter must be returned tc the guides No later than December 31, 2020, Sub- Department no late than Voting system recipient shall have expended (and/or January 31, 2021. An amended Demonstrations encumbered for services and/or products to Final Expenditure Report must be used or implemented no later than be subrnltted with t h e returned December 31, 2020) the grant funds funds. MOA d 2018-2019-0003- 1- Packet Pg. 1099 allocated under this agreement, Including any interest earned and county match. Sub -recipient shall submit Annual Expenditure Reports due no later than July 31, 2019 and July 31, 2020 that includes documentation evidencing the services and/or products purchased, used and/or Implemented, Sub -recipient shall submit a Final Expenditure Report due no later than December 31, 2020, that includes documentation evidencing the services and/or products purchased, used and/or implemented. 2. Federal Election Sub -recipient has until June 1, 2019 to Administration submit an application for these funds using Activities — Poll the DOS Online Grants program. Worker Training MOA # 2018-2019-0003 No later than December 31, 2020, Sub - recipient shall have expended (and/or encumbered for services and/or products to be used or Implemented no later than December 31, 2020) the grant funds allocated under this agreement, Including any interest earned and county match. Sub -recipient shall submit Annual Expenditure Reports due no later than July 31, 2019 and July 31, 2020 that includes documentation evidencing the services and/or products purchased, used and/or implemented. Sub -recipient shall submit a Final Expenditure Report due no later than December 31, 2020, that includes documentation evidencing the services -2- Any funds determined not to be expended in accordance with this agreement shall be returned to the Department within 30 days after the date of written notice. Ana nended Final Expenditure R port must be submitted with t e returned funds. All funds returned shall revert to the Federal Grants Trust Fund. if an initial applicati n for funds is not submitted by Iune 1, 2019, funds shall retert to the Federal Grants Trusi Fund. Any funds remainln# after December 31, 2020 (or not otherwise encumb ed for services and/or products received or provide { on or before December 31, 2020), Including any intere5t earned, must be returned t the Department no late' than January 31, 2021, n amended Final Expenditure Report must be submitted with the returned funds. Any funds determined not to be expended in accordance with this agreemen shall be returned to the De artment, within 30 days afte the date of written notice. An Imended Final Expenditure Report must be submitted with the returned funds. i All funds returned 1hall revert to the Federal Grants Trust Fund. , i Packet Pg, 1100 r At the time of grant application, Sub - Examples include: recipient shall provide a detailed description Poll worker training of the services and/or products to be stipends provided, received and/or used by Poll worker training December 31, 2020, Once submitted and materials approved by the Department, a plan may be amended once and no later than lune 1, 2020. MOA # 2018-2019-0003 No later than December 31, 2020, Sub - recipient shall have expended (and/or encumbered for services and/or products to be used or Implemented no later than December 31, 2020) the grant funds allocated under this agreement, Including any interest earned and county match. Sub -recipient shall submit Annual Expenditure Reports due no later than July 31, 2019 and July 31, 2020 that includes documentation evidencing the services and/or products purchased, used and/or implemented. Sub -recipient shall submit a Final Expenditure Report due no later than December 31, 2020, that includes documentation evidencing the services -2- Any funds determined not to be expended in accordance with this agreement shall be returned to the Department within 30 days after the date of written notice. Ana nended Final Expenditure R port must be submitted with t e returned funds. All funds returned shall revert to the Federal Grants Trust Fund. if an initial applicati n for funds is not submitted by Iune 1, 2019, funds shall retert to the Federal Grants Trusi Fund. Any funds remainln# after December 31, 2020 (or not otherwise encumb ed for services and/or products received or provide { on or before December 31, 2020), Including any intere5t earned, must be returned t the Department no late' than January 31, 2021, n amended Final Expenditure Report must be submitted with the returned funds. Any funds determined not to be expended in accordance with this agreemen shall be returned to the De artment, within 30 days afte the date of written notice. An Imended Final Expenditure Report must be submitted with the returned funds. i All funds returned 1hall revert to the Federal Grants Trust Fund. , i Packet Pg, 1100 r MOA # 2018 -2019 -0003- -3 - Packet Pg. 1101 and/or products purchased, used and/or Implemented. 3. Federal Election Sub-reclplent has until June 1, 2019 to if an initial applicatic n for funds Administration submit an application for these funds using is not submitted by June 1, Activities — the DOS Online Grants program. 2019, funds shall re ert to the Standardizing Election Federal Grants Trus Fund. Results Reporting At the time of grant application, Sub - recipient shall provide a detailed description Any funds remainln after Examples include: of the services and/or products to be December 31, 2020 or not Software or hardware provided, received and/or used by otherwise enumbe ed for c technology that December 31, 2020, once submitted and services and/or proacts enhances or facilitates approved by the Department, a plan may be received or provide on or the reporting of amended once and no later than June 1, before December 3 , 2020), election results 2020. including any inters t earned, must be returned t the No later than December 31, 2020, Sub- Department no late than recipient shall have expended (and/or January 31, 2021. Ajn amended encumbered for services and/or products to Final Expenditure R port must be used or implemented no later than be submitted with the returned December 31, 2020) the grant funds funds. allocated under this agreement, including any Interest earned and county match. Any funds determinbd not to Sub -recipient shall submit Annual be expended in accordance Expenditure reports due no later than July with this agreement shall be 31, 2019 and July 31, 2020 that Includes returned to the Department, documentation evidencing the services within 30 days after�the date of and/or products purchased, used and/or written notice. An a ended implemented, Final Expenditure Report must be submitted with t ie returned Sub -recipient shall submit a Final funds. Expenditure Report due no later than December 31, 2020, that includes documentation evidencing the services All funds returned Oil revert and/or products purchased, used and/or to the Federal Grans Trust implemented. Fund. k. Federal Election Sub -recipient has until June 1, 2019 to If an initial applicati n for funds Administration submit an application for these funds using is not submitted by i,une 1, Activities - Other the DOS Online Grants program. 2019, funds shall re ert to the Federal Election Federal Grants Trus Fund. Administration At the time of grant application, Sub - Activities, as recipient shay provide a detailed description Any funds remaining after approved in advance of the services and/or products to be December 31, 20201(or not by the Department of provided, received and/or used by otherwise encumbered for State. December 31, 2020. Once submitted and services and/or products approved by the Department, a plan may be received or provideon or Examples include: amended once and no later than June 1, before December 3 , 2020), 2020, including any inter st earned, f must be returned to the MOA # 2018 -2019 -0003- -3 - Packet Pg. 1101 MOVE Act No later than December 31, 2020, Sub- Department no at than Implementation and recipient shall have expended (and/or January 31, 2021, A amended e maintenance; encumbered for services and/or products to Final Expenditure R ort must Software or hardware be used or implemented no later than be submitted with t returned technology that December 31, 2020) the grant funds funds. enhances or facilitates allocated under this agreement, including the delivery of vote- any Interest earned and county match. Any funds determind not to by -mail ballots, casting and counting Sub-reciplent shall submit annual be expended In accordance of valid votes, voting expenditure reports due no later than July with this agreement shall be systems audits or 31, 2019 and July 31, 2020 that includes returned to the Dep 3rtmento recounts, or the documentation evidencing the services within 30 days after the date of certification of and/or products purchased, used and/or written notice. Ana ended accurate and implemented. Final Expenditure Rc port must complete election be submitted with t e returned results. Sub -recipient shall submit a final funds. expenditure report due no later than December 31, 2020, that includes J� documentation evidencing the services All funds returned shall revert and/or products purchased, used and/or to the Federal Gran s Trust Implemented. Fund. C. Request and Disbursement Process The Department shall distribute to each eligible Sub -recipient upon request and submi sion of a completed grant application a minimum payment amount of five thousand dollars ($5,010) plus a proportional amount based on the voting age population in the Sub -recipient's county. See A tachment B. The amount per county is based on the aggregated remaining amount of the total grant for the 67 Sub -recipients divided by the total number of voting age population for the State in the most recent decennial census and then multiplied by the respective county's voting age population. To receive funds, the Sub -recipient shall submit a complete grant application no later than Jur a 1, 2019, using the Department of State's Online Grants Program at https://www.dosgrants.com. The z pplication must contain a description of the p#an to be Implemented. If a county has remaining funds from one or more prior federal election activities grant distributions, as part of their application for 2016-2 119 funds, the sub -recipient shall provide an explanation as to why those funds have yet to be expended. Additionally, before the Sub -recipient may receive funds, the Sub -recipient must submit the f lowing: 1. A completed ED Form GCAS-009 (6/88), entitled "Certification Regarding Debarment, 5 spension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions", and attached hereto as Attachment C. [Executive Order 12549, Debarment and Suspension, 45 CFR 1183.3% prohibits the disbursement of federal funds to the intended recipient of such funds or to any su -recipient thereunder unless such recipient and each sub -recipient, if any, certify that they are nc t excluded or disqualified from receiving federal funds by any federal department or agency.] 2. A completed "Certificate of Equipment for Casting and Counting Ballots" (DS -DE 13, Effective 8/16), attached hereto as Attachment D, This is required if the request, In part or in f II, Is to use HAVA funds for the purpose of purchasing emerging or enhancing software andl hardware technology. MOA # 2018-2019-0003- -4- - rAI.nCL Pg. 1102 3. A completed "Matching Funds Certification (DS -DE 127), attached hereto as Attachme form certifies that the county governing body shall provide addition matching funds in a equal to fifteen percent (15%) of the amount to be received from the state. If tf governing body fails to appropriate the matching funds, the Supervisor must retu Department all funds received under this agreement. D. Reporting The Sub-reciplent must submit an annual expenditure report that includes supporting docui evidencing allowable expenses no later than July 31, 2019 and again on July 31, 2020. The Sul: must provide a final expenditure report including submitting supporting documentation e allowable expenses no later than December 31, 2020 and written confirmation that all previously distributed grant funds remaining were expended first. Supporting documentation sh Invoices, canceled checks, purchase orders, vendor contracts, sample publications, and other re detail the services or products provided and the costs of such services and/or products. Docu. must account for all expenditures made from grant funds awarded under this agreement. Docu must also provide details regarding matching funds and any interest earned. Failure to submit may result In immediate notice to return all funds, including any interest accrued. Any funds d not to be expended in accordance with this agreement shall be returned, including any intere to the Department within 30 days of written notice. All funds returned shall revert to the Fede Trust Fund. t E. The amount county to the reclpient ✓idencing emaining Il include ords that ientatlon ientation he report termined t earned, ral Grants Using the Form DS -DE 129, the Sub -recipient shall report annually to the Department any un s ent funds remaining on June 30 of each fiscal year, The Sub-reciplent shall submit the annual report no ater than July 31 of every year until funds are fully expended, or returned, whichever is earlier. E. Restrictions Sub -recipient shall not use any funds received hereunder to support lobbying activities to influ nce proposed or pending federal or state legislation or appropriations, but this does not affect the Ight of the Sub -recipient, or that of any other organization to petition Congress, or any other level of II Government, through the use of other resources. If the Sub -recipient expends any funds on expenses that are not allowable, the Sub-reciplent must reimburse immediately the Department the funds, not otherwise expended for allowable costo, including any interest earned during the term of this agreement. The Sub -recipient must establish and maintain the grant funds In an Interest bearing account I a "qualified public depository" as defined by section 280.02(26), Florida Statutes. The Sub-recipi nt must segregate the funds In a separate account established to hold only such funds. Sub -recipient rPust comply with the applicable requirements of chapter 280, including but not limited to: I The execution and retention in your official records of a Public Acknowledgement Form. The submission each year by November 30`^ of a Public Deposi Financial Officer (DFS -JI -1009) For more Information refer to the Department of Financlal Services Collateral Managernelt fo Governmental Units web a e or contact the Program Administrator at 850-413-3167. MOA # 2018 -2019 -0003- 5 - Packet Pg, 1103 III. Payments The Sub -recipient is encouraged to use eIectronicfunds transfer (EFT) to receive payment as an alternative to receipt of payment by warrant. All Sub-reclpients wishing to receive funds through electronic funds transfer must submit a Direct Deposit Authorization form to the Florida Department of Financial services. If EFT has aiready been set up for your organization, you do not need to submit another auti orization form unless you have changed bank accounts. IV. Monitoring, Audits, and Audit Reporting The administration of resources awarded to the Sub -recipient, as indicated on Attal iay be subject to monitoring, audits and reporting requirements herein. 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 IlmltO to, on- site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revis d, and/or other procedures. By entering into this agreement, the Sub -recipient agrees to comply and cooperate with any monitoring procedures/processes the Department deems appropriate. S. Audits 1. Federally Funded Audits (OMB Circular A-133, as revised In supplemental 2017.) In the event that the Sub -recipient expends $750,000 or more in Federal awards In Its fiscal ye r, the Sub -recipient Is required to have a single or program -specific audit conducted in accordance th the provisions of OMB Circular A-133, as revised, In determining the Federal awards expended in Its fiscal year, the Sub -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 16 accordance with the guidelines established by OMB Circular A-133, as revised. An audit conducted by the Auditor General must satisfy the requirements of Subpart E of OMB Circular A-133, as reviled. In connection with the audit requirements the Sub -recipient shall fulfill the responsibilities of an �uditee as provided in Subpart C of OMS Circular A-133, as revised. if the Sub -recipient expends less than $750,000 in Federal awards In Its fiscal year, an audit Is dot required. The Sub -recipient, however, must make records available for review or audit upon rlquest by appropriate officials of U.S. Election Assistance Commission, the Department, and the General; Accounting Office (GAO). 4 the Sub -recipient elects to have an audit conducted in accordanceiwlth 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 Circul# A-133 (as revised) or other financial analysis or review of federal funds as permitted by federal law. the event the Department determines that a limited scope audit or other type of audit of the Sub-I-eclpient is appropriate, the Sub -recipient agrees to comply with any additional instructions provided b4, Department staff to the Sub -recipient regarding such audit. If the Department determines that federal funds received under this Agreement were used for any unauthorized purpose or that the Subkecipient did not comply with this agreement or state or federal requirements for receipt, expenditure, pr accounting, the Sub -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 # 2018 -2019 -0003- -6 - Packet Pg. 1104 The Sub -recipient further agrees to comply and cooperate with any inspections, reviews, invest gations, or audits deemed necessary by the Department of State, Chief Financial Officer (CFO) or Audito General, Additional guidance to state and federal monitoring and auditing requirements may be found ai http://www.eac.gov. C. Audit Reporting Copies of financial reporting packages as described in Subpart C- Auditees, section _320(c), OMB A- 133 (as revised) for audits conducted by or on behalf of the Sub -recipient pursuant to Sectio IV. 13,1 of this agreement, shall be submitted as required by sections .320(d) of such circular to: i Department of State Department of State Auditor General's Office Federal Audit Cieari�ghouse Division of Elections Office of Inspector General Claude Pepper Bldg. Bureau of the CensIs R.A. Gray Bldg., Ste 316 R.A. Gray Bldg., Rm. 406 111 West Madlson St. 1201 East I& St. 500 S. Bronough St. 500 S. Bronough Street Tallahassee, FL Jeffersonville, IN Tallahassee, FL Tallahassee, FL 32399-1450 47130 32399-0250 32399-0250 Any reports, management letter, or other information required to be submitted to the Depart ent pursuant to this agreement shall be submitted timely and in accordance with OMB Circular A-1 3, the Florlda Statutes, and/or Chapter 10.550 (local governmental entities) of the Rules of the Auditor General, whichever is applicable . The correspondence accompanying the financial reporting p ckage forwarded to the Department must include the date the Sub -recipient received the reporting ackage. I V. Record Retention The Sub -recipient shall keep and maintain accurate and detailed records sufficient to demonst{ate its compliance with the terms of this agreement. The Sub -recipient shall retain these records for five fiscal years in accordance with the guidelines of the Department of Financial Services and the Office bf the Auditor General, or three years after the date an audit report is issued, whichever is later. The ub- reciplent shall allow the Department or its designee, CFO, or Auditor General access to such re 0rds, including access to the audit working papers upon request. MOA # 2018-2019-0003- -7- 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 provislors. In any proceeding or action brought under this section, the parties agree that the prevailing party wil be entitled to its reasonable attorney's fees from the other party. The parties agree that proper nue will be in Leon County, Florida. This agreement Is effective as of the date it is fully executed. i IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their undersigned officials as duly authorized, By County Sup isor of Electlons Su `r cipient By Department of State, Division of Signature4` -- _ (.v%��` Signature: Name and T le' Jennlfer J. -*4 Name and Title: Collier County Supervisor of Elect ns Address: 3750 Enterprise Ave Address: Naples, FL 34104 500 S. Br County F 1 Ijlo. 59-256279 - Witness: Witness: Date: I Date: _ MOA # 2018-2019-0003- -8- i I Packet Pg. 1106 ATTACHMENT A to MOA # 2018-2019-0003 3081 SPECIAL CATEGORIES GRANTS AND AIDS - FEDERAL ELECTION ACTIVITIES (HELP AMERICA VOTE ACT) FROM FEDERAL GRANTS TRUST FUND. $2,OOO,b00 i Funds in Specific Appropriation 3081 shall be distributed to county supervisors of elec�ions to be used for election administration activities such as voter education; pollworker trai ing; standardizing elections results reporting; or other federal election administrative activities as approved by the Department of State. i 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 tol 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 tho state. Also, before a county supervisor of elections receives funds for any software or hard\0re 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 emerg,lng or enhancing technology, the county supervisor of elections and the chairperson of the kounty governing body must certify that the county has purchased and made available sufficlie It equipment for casting and counting ballots to meet the needs of the county electors lincluding reducing the wait time at the polls during the early voting period and on election dayj 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 fused only for the activities for which the funds were received. Funds shall remain in the accou6t 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. Packet Pg. 1107 1 ATTACHMENT B tol MOA 2018-2019-0003 FLORIDA DEPARTMENT OF STATE -DIVISION OF ELECTIONS rn"n.., eu„rn►inn of HPIn America Vote Act Funds - Federal Election Administration Activities - F 2018-2019 Voting Age Population (2010 Census) County Amount - Federal Election Activities Funds Minimum Payment Amount - Federal Election Activities Funds Voting Age Population Amount - Federal Election Activities Funds Minimum + Per population Amount - 15% Match By County Funds Alachua 203,051 $ 5,000.00 $ 22,844.44 $ 27,844.4 $ 4,176.67 Baker 20,068 $ 5,000.00 $ 2,257.77 $ 7,257.7 $ 1,088.67 Bay Bradford 131,776 22,885 $ $ 5,000.00 5,000.00 $ $ 14,825.58 2,574.70 $ $ 19,825.5 7,574.7 $ $ 2,973.84 1,136.20 Brevard 435,690 $ 5,000.00 $ 49,017.71 $ 54,017.7 $ 8,102.66 Broward 1,356,717 $ 5,000.00 $ 152,638.72 $ 157,638.7 $ 23,645.81 Calhoun 11,493 $ 5,000.00 $ 1,293.03 $ 6,293.0 $ 943.95 Charlotte 137,100 $ 5,000.00 $ 15,424.56 $ 20,424.5 $ 3,063.68 Citrus 118,842 $ 5,000.00 $ 13,370.43 $ 18,370.4 $ 2,755.56 Clay 140,695 $ 5,000.00 $ 15,829.02 $ 20,829.0 $ 3,124.35 Collier 258,873 $ 5,000.00 $ 29,124.75 $ 34,124.7 $ 5,118.71 Columbia 52,338 $ 5,000.00 $ 5,888.34 $ 10,888.3 $ 1,633.25 DeSoto 27,027 $ 5,000.00 $ 3,040.70 $ 8,040.7 $ 1,206.10 Dixie 13,278 $ 5,000.00 $ 1,493.85 $ 6,493. $ 974.08 Duval 660,749 $ 5,000.00 $ 74,338.19 $ 79,338.$ $ 11,900.73 Escambia 233,465 $ 5,000.00 $ 26,266.20 $ 31,266-40 $ 4,689.93 Flagler Franklin 76,660 9,579 $ $ 5,000.00 5,000.00 $ $ 8,624.71 1,077.69 $ $ 13,624.1 1 6,077.$ 1 $ $ 2,043.71 911.65 Gadsden 35,184 $ 5,000.00 $ 3,958.41 $ 8,958.1 1 $ 1,343.76 Gilchrist 13,308 $ 5,000.00 $ 1,497.23 $ 6,497.3 1 $ 974.58 Glades 10,467 $ 5,000.00 $ 1,177.60 $ 6,177.0 $ 926.64 Gulf 13,289 $ 5,000.00 $ 1,495.09 $ 6,495.9 $ 974.26 Hamilton 11,886 $ 5,000.00 $ 1,337.25 $ 6,337. 5 $ 950,59 Hardee 20,056 $ 5,000.00 $ 2,256.42 $ 7,256. 2 $ 1,088.46 Hendry 28,254 $ 5,000.00 $ 3,178.74 $ 8,178.4 $ 1,226.81 Hernando 138,620 $ 5,000.00 $ 15,595.57 $ 20,595. 7 $ 3,089.34 Highlands Hillsborough 80,814 935,018 $ $ 5,000.00 5,000.00 $ $ 9,092.05 105,195.08 $ $ 14,092.1 5 110,195.8 $ $ 2,113.81 16,529.26 Holmes 15,645 $ 5,000.00 $ 1,760.16 $ 6,760.6 $ 1,014.02 Indian River 112,076 $ 5,000.00 $ 12,609.22 $ 17,609. 2 $ 2,641.38 Jackson 39,839 $ 5,000.00 $ 4,482.12 $ 9,482. 2 $ 1,422.32 Jefferson 12,013 $ 5,000.00 $ 1,351.53 $ 6,351.3 $ 952.73 Lafayette 7,085 $ 5,000.00 $ 797.10 $ 5,797. 0 $ 869.57 Lake 235,311 $ 5,000.00 $ 26,473.88 $ 31,473.8 $ 4,721.08 Lee 497,885 $ 5,000.00 $ 56,015.02 $ 61,015. 2 $ 9,152.25 Leon 221,514 $ 5,000.00 $ 24,921.64 $ 29,921. 4 $ 4,488.25 Levy 32,172 $ 5,000.00 5 3,619.54 $ 8,619. 4 $ 1,292.93 Liberty 6,588 $ 5,000.00 $ 741.19 $ 5,741. 9 $ 861.18 Madison 15,037 $ 5,000.00 $ 1,691.75 $ 6,691. 5 $ 1,003.76 Manatee 256,550 $ 5,000.00 $ 28,863.40 $ 33,863.0 $ 5,079.51 Marion 267,117 $ 5,000.00 $ 30,052.25 $ 35,052.5 $ 5,257.84 Martin 120,572 $ 5,000.00 $ 13,565.07 $ 18,565.7 $ 2,784.76 Miami -Dade 1,950,707 $ 5,000.00 $ 219,466.12 $ 224,466.2 $ 33,669.92 Monroe 62,089 $ 5,000.00 $ 6,985.38 $ 11,985.8 $ 1,797.81 Nassau 57,395 $ 5,000.00 $ 6,457.28 $ 11,457.8 $ 1,718.59 Okaloosa 140,434 $ 5,000.00 1 $ 15,799.66 $ 20,799.6 $ 3,119.95 - ---_ Packet Py 1108 1 6.J.1.a ATTACHMENT B tMOA 2018-2019-0003 FLORIDA DEPARTMENT OF STATE -DIVISION OF ELECTIONS County Allocation of Help America Vote Act Funds - Federal Election Administration Activities - Ft 2018-2019 County Voting Age Population (2010 Census) Amount - Federal Election Activities Funds Minimum Payment Amount - Federal Election Activities Funds Voting Age Population Amount - Federal Election Activities Funds Minimum + Per populatior Amount - 15%' Match By County Funds keechobee 30,412 $ 5,000.00 $ 3,421.53 $ 8,421.5 $ 1,263.23 range 875,809 $ 5,000.00 $ 98,533.71 $ 103,533.7 $ 15,530.06 sceola IPa 198,269 $ 5,000.00 $ 22,306.44 $ 27,306. $ 4,095.97 alm Beach 1,051,250 5 5,000.00 $ 118,271.87 $ 123,271.8 $ 18,490.78 sco 366,124 $ 5,000.00 $ 41,191.12 $ 46,191.1 $ 6,928.67 Pinellas 753,654 $ 5,000.00 $ 84,790.55 $ 89,790.5 $ 13,468.58 Polk 460,359 $ 5,000.00 $ 51,793.12 $ 56,793.1 $ 8,518.97 Putnam 57,579 $ 5,000.00 $ 6,477.98 $ 11,477. $ 1,721.70 St. Johns 146,188 $ 5,000.00 $ 16,447.02 $ 21,447. $ 3,217.05 St. Lucie 215,781 $ 5,000.00 $ 24,276.64 $ 29,276. $ 4,391.50 Santa Rosa 115,163 $ 5,000.00 $ 12,956.52 $ 17,956.12 2,693.48 Sarasota 319,713 $ 5,000.00 $ 35,969.61 $ 40,969. $ 6,145.44 Seminole 325,537 $ 5,000.00 $ 36,624.85 $ 41,624J 5 $ 6,243.73 Sumter 84,908 $ 5,000.00 $ 9,552.65 $ 14,552. $ 2,182.90 Suwannee 32,102 $ 5,000.00 $ 3,611.67 $ 8,611. $ 1,291.75 Taylor 18,125 $ 5,000.00 $ 2,039.17 $ 7,039. $ 1,055.88 Union 12,525 $ 5,000.00 $ 1,409.14 $ 6,409. $ 961.37 Volusia 401,320 $ 5,000.00 $ 45,150.88 $ 50,150. $ 7,522.63 Wakulla 23,851 $ 5,000.00 $ 2,683.38 $ 7,683. $ 1,152.51 Walton 43,713 $ 5,000.00 $ 4,917.97 $ 9,917.7 $ 1,487.70 Washington 19,626 $ 5,000.00 $ 2,208.04 7,208. $ 1,081.21 TOTAL 14,799,219 335,000.00 1,665,000.00 2,000,000. 300,000.00 Formula for Allocation: Each county starts with a minimum payment ($5,000). Remaining funds are allocated y voting age population (2010 Census) in each county. FY 2018-2019 Appropriation - Federal Election Administration Activities $2,000,000.0 Total funds to be allocated by minimum payment ($5,000 x 67) $335,000.)0 Total funds to be allocated by voting age population $1,665,000.)0 Voting Age Population (2010 Census) - Statewide 14,799,219.)0 Per voting age population funding multiplier 0.11Z5 Packet Pg. 1109 ATTACHMENT E of MOA 2018-2p19-0003 Certificate County Match to Federal Grant Trust Funds under the Help America Vote Act William L. McDaniel Jr.Chairman of the Board of County Commi$sioners of I Collier County, Florida, do hereby certify that the Board of County Commissioners shall provide the county Supervisor of Elections a minimum 15% county match* t� the total I amount that the county Supervisor of Elections may request and receive fror> the State in FY 2018-19. The Board shall appropriate an amount equal to or greater than $5,118.71 1 understand that if the Board fails to appropriate the mat�hing funds, 1 all funds received from the State for this grant during the 2018-2019 state ;fiscal year, i n c I u d i n g i n t e r e s t, will be required to be returned to the Department of St to and shall revert to the Federal Grant Trust Funds. ATrF:siCRYS, I a K KINIZ BY: Chairman, Board of County Commissioners Approved as it) torui a1#1 legality Date Assistant County *See Attachment B to Memorandum of Agreement for Calculation DS -DE 127 Revised 09/2018 Packet Pg. 1110 f ATTACHMENT F to MOA #2018-20)9-0003 Florida Single Audit Act Requirements � The administration of resources awarded by the Department of State to the Supervisor may be s bject to audits and/or monitoring by the Department of State, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and SectiO4 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited t , on-site visits by Department of State staff, limited scope audits as defined by OMB Circular A-133, a� revised, and/or other procedures. By entering into this agreement, the Supervisor agrees to comply and 400perate with any monitoring procedures/processes deemed appropriate by the Department of State." In he event the Department of State determines that a limited scope audit of the Supervisor is approp iate, the Supervisor agrees to comply with any additional instructions provided by the Department of State staff to the Supervisor regarding such audit. The Supervisor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer i CFO) or Auditor General. AUDITS PART I. FEDERALLY FUNDED This part is applicable if the Supervisor is a State or defined in OMB Circular A-133, as revised. i local government or a non-profit organisation as In the event that the Supervisor expends $300,000 (5500,000 for fiscal years e ng after December 31, 1003) or more in Federal awards in its fiscal year, the Supervisor must n a single or program -specific audit conducted in accordance with the provisions of OMB Circular - 133, as revised. EXHIBIT l to this agreement indicates Federal resources awarded thr ugh the Department of State by this agreement. In determining the Federal awards expended in its fiscal year, the Supervisor shall consider all sources of Federal awards, including Federal esources received from the Department of State. The determination of amounts of Feder4l awards expended should be in accordance with the guidelines established by OMB Circular -133, as revised. An audit of the Supervisor conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part 1, paragraph 1, the Supervisor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Supervisor expends less than $300,000 (5500,000 for fiscal years ending after Dee mber 31, 2003) 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. In the event that the Supervisor ex ends less than $300,000 ($500.000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must he paid from non -Federal resource (i.e., the cost of such an audit must be paid from Supervisor resources obtained from other th Federal entities). i PART Ii; STATE FUNDED DFS -A2 -CL July 2005 Rule 691-5.006, FAC Packet Pg. 1111 ATTACHMENT F to MOA #2018-2019-0003 This part is applicable if the Supervisor is a non -state entity as defined by Section 215.97(2), Florida Statutes. In the event that the Supervisor expends a total amount of state financial assistance equal to or to excess of $500,000 in any fiscal year of such Supervisor (for fiscal years ending September 30, 2004 or thereafter), the Supervisor must have a State single or project -specific audit for su h fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Depariment of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (none ofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement dicates state financial assistance awarded through the Department of State by this agreem mt. In determining the state financial assistance expended in its fiscal year, the Supervisor shall onsider all sources of state financial assistance, including state financial assistance received om the Department of State, other state agencies, and other non -state entities. State financial a sistance does not include Federal direct or pass-through awards and resources received by a i on -state entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the Super or shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statu s. This includes submission of a financial reporting package as defined by Section 215.97(2) Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and or -profit organizations), Rules of the Auditor General. 1 3. If the Supervisor expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the S pervisor expends less than $500,000 in state financial assistance in its fiscal year and elects to havc an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit mu t be paid from the Supervisor's resources obtained from other than State entities). i The Internet web addresses listed below will assist recipients in locating documents refetenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) www.fldfs.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single A dit Act) www I",.state.fl. us.- PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular -133, as revised, and required by PART I of this agreement shall be submitted, when required Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Supervisor directly toe ch of the following: A. The Department of State at each of the following addresses: Department of State Division of Elections R.A. Gray Building, Ste 316 500 S. Bronough St. Tallahassee, FL 32399-0250 DFS -A2 -CL July 2005 Rule 691-5.006, FAC I Packet Pg. 1112 1 6.J.1.a ATTACHMENT F to MOA #1201$-209-0003 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (th number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, ould be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East ]0'" Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART K of this agreement and conducted in accordance with OMS Circular A-133, as revised, is not re uired to be submitted to the Department of State for the reasons pursuant to Section .320 (e)( ), OMB Circular A-133, as revised, the Supervisor shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the Supervisor's audited schedule of expenditures 0, Federal awards directly to each of the following: j Department of State Division of Elections R.A. Gray Building, Ste 316 500 S. Bronough St. Tallahassee, FL 32399-0250 Copies of financial reporting packages required by PART 11 of this agreement shall be jubmitted by or on behalf of the Supervisor directly to each of the following: I I I A. The Department of State at each of the following addresses: Department of State Division of Elections R,A. Gray Building, Ste 316 500 S. Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 1 1 l West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the D partment of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A- 133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (non rofit and for-profit organizations), Rules of the Auditor General, as applicable. Supervisors, when submitting financial reporting packages to the Department of State done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental e 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should in date that the reporting package was delivered to the Supervisor in correspondence acco the reporting package. DFS -A2 -CL July 2005 Rule 691-5.006, FAC audits es) or le the nying I Packet Pg. 1113 ATTACHMENT F to MOA #2018-201 -0003 PART IV: RECORD RETENTION The Supervisor shall retain sufficient records demonstrating its compliance with the ten agreement for a period of 5 years from the date the audit report is issued, and shall Department of State, or its designee, CFO, or Auditor General access to such reco request. The Supervisor shall ensure that audit working papers are made availab Department of State, or its designee, CFO, or Auditor General upon request for a period from the date the audit report is issued, unless extended in writing by the Department NOTE: Records need to be retained for at least five years to comply with record requirements related to original vouchers prescribed by the Department of State, D Library and Information Services, Bureau of Archives and Records Management. DFS -A2 -CL July 2005 Rule 691-5.006, FAC of this ow the s upon to the 3 years f State. Mention sion of Packet Pg. 1114 ATTACHMENT F to MOA #2018-201 EXHIBIT —1 FEDERAL RESOURCES AWARDED TO THE SUPERVISOR PURSUANT AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the Supervisor represent more than one Federal program, same information shown below for each Federal program and show total Federal resources aw Federal Help America Vote Act—Catalog of Federal Domestic Assistance (CFDA) § 90.401 Help Vote Act Requirements Payments .9-0003 THIS the COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AW�RDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA Number 90.401, Help America Vote Act Requirements Payments Part 1 of Subtitle D of Title 11 (Sections 251-258) and Title III 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: Cost Principles for State, Local, and Indian Tribal Governments, 2 § CFR Part 225; Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, OMB Circular A-1 10 (amended 9/30/99). 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. I I 5 DFS -A2 -CL July 2005 i Rule 691-5.006, FAC Packet Pg. 1115 ATTACHMENT F to MOA t12018 - Exhibit - 2 December 3, 2014 CHIEF FINANCIAL OFFICER'S MEMORANDUM NO. 03 (2014 - 2015) SUBJECT: COMPLIANCE REQUIREMENTS FOR AGREEMENTS This memorandum supersedes the Chief Financial Officer's Memorandum No. 4 (200- 2006) minimum requirements and confirms state agencies must follow for proper accountability over state and federal resources. While the State is accountable to the f�deral government, sub -recipients of federal financial assistance must be accountable to the Itate. Recipients/sub-recipients of state financial assistance must also be accountable to the tate. FEDERAL FUNDS This memorandum is applicable to discretionary grants, which the State receives fromjthe federal government. Applicability to federal entitlement programs or formula based a+ards should be determined on a case by case basis pursuant to federal regulations for these programs. State agencies must determine whether they are passing on federal awards in the formlof federal financial assistance to sub -recipients or procuring goods and services from a j contractor. This determination is critical for the proper accountability over federal ficial assistance, which is passed on to sub -recipients. State agencies will use the criteria established in Uniform Administrative Requirements, Cost Principles and Audit I Requirements for Federal Awards, Code of Federal Regulations Title 2, Part 200.330 ko make this determination. Agencies must retain documentation to support this determination; In 2005 the Office of Federal Financial Management confirmed to the Department of! Financial Services, if the State receives an award of federal financial assistance in the form of a grant or cooperative agreement, any sub -award for the purpose of the grant is subje t to the rules applicable to the grant, even if the sub -award is on a fixed price basis. Agreements (sub -awards) with sub -recipients of federal financial assistance must require complialice with the published requirements entitled Uniform Administrative Requirements, Cost Prin iples and Audit Requirements for Federal Awards (also known as the Super Circular), Codi of Federal Regulations Title 2, Part 200 (2 CFR, Part 200). This guidance supersedes an consolidates the requirements from the Office of Management and Budget (OMB) Circulars A-21, A-87, A-110, A-122, A-89, A-102 and A-133 and is effective for awards or increments of awards issued on or after December 26, 2014. The Super Circular also applies to sub -awards made by State and local governmer an organization covered by the circular and provides that: a. A grant may be charged only allowable costs resulting from obligations during the specified funding period. to r Packet Pg. 1116 ATTACHMENT F to MOA 42018-201 b. Any balance of unobligated cash that has been advanced or paid that is not authorized to be retained for other projects must be refunded to the federal government. c. Any funds paid in excess of the amount to which the recipient is finally determined to be entitled, under the terms and conditions of the award, constitutes a deb to the Federal government. Agreements with vendors must be procured in a manner that ensures a fair and reasona le price to the Federal government and compliance with applicable rules and regulations, including, but not limited to: a. 2 CFR, Part 200 b. Section 287.057, Florida Statutes (F.S.) c. Section 215.917, F.S. d. Section 216.3475, F.S. (l) Non-competitive procurements and competitive procurements that result in less than 2 responses must be supported by a detailed cost analysis. Cost must be reasonable, necessary and allowable in accordance with state and federal laws, rules and regulations. Agencies must maintain documentation to evidence he agency's review of individuals cost elements included on the detailed bud et submitted by the person or entity awarded funding. STATE FUNDS i State agencies must determine whether they are awarding state financial assistance to 4 recipient or procuring goods and services from a vendor. State agencies will use the dlorida Single Audit Checklist for Non -state Organizations — Recipient/Sub-recipient vs Venc or Determination to make this determination. Agencies must retain copy of the checklist. Agreements with recipients of state financial assistance, even if awarded on a fixed Orice basis, must require: a. Compliance with Section 215.97, F.S. b. Compliance with Section 215.971, F.S. c. Expenditures of state financial assistance be in compliance with laws, rulI and regulations applicable to expenditures of State funds, including, but not holited to, the Reference Guide for State Expenditures Agreements involving the State University System, the Florida Community College Iystem, district school board, or charter schools using state funds must be procured in a mann r that ensures a fair and reasonable price to the State and compliance with applicable rules nd regulations, including, but not limited to: a. Section 216.3475, F.S. (1) Non-competitive procurements and competitive procurements that result in less than two (2) responses must be supported by a detailed cost analysis Cost must be reasonable, necessary and allowable in accordance with state laws, rules and regulation. Agencies must maintain documentation to evidence theagency's review of individual cost elements included on the detailed budget submitted by the person or entity awarded funding. i PetP117 ATTACHMENT F to MOA #2018-2 b. May be fixed price contract that entitles the provider to receive compensa ion of the fixed contract amount upon completion of all deliverables. c. May be fixed rated per unit contract that entitles the provider to receive compensation for each deliverable provided. d. May be a cost reimbursable contract that entitles the provider to receive compensation for actual allowable costs incurred in performing contract j deliverables. e. May be a combination of b, c and d. Agreements with vendors must be procured in a manner that ensures a fair and reasonble price to the State and compliance with applicable rules and regulations, including, but�not limited to: a. Section 287.057, F.S. b. Section 216.3475, F.S. (1) Non-competitive procurements and competitive procurements that result in less than two (2) responses must be supported by a detailed cost analysis. Costs must be reasonable, necessary and allowable in accordance with state law;, rules and regulations. Agencies must maintain documentation to evidence theagency's review of individual cost elements included on the detailed budget submitxed by the person or entity awarded funding. Please contact the Bureau of Auditing at (850) 413-5512 if you have any questions. I Packet Pg. 1118 ATTACHMENT C to MOA 2018-2019-0003 1 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS i i i This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, Participants' responsibilities. The regulations were pub fished as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulation may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (i) 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 inel Bible, 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 stateme4ts in this certification, such prospective participant shall attach an explanation to this proposal. I Jennifer J. Edwards, Collier County Supervisor of Elections Name and T-41F`of AuthorizedRepresentative i ED Forth GCS -009, 6188 I Packet Pg. 1119 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing out below. certification set 2, The certification in this clause is a material representation of fact upon which reliance was d laced when this transaction was entered into. If it is later determined that the prospective lower tier partic pant knowingly rendered an erroneous certification, in addition to other remedies available to the federal tovernment, the department or agency with which this transaction originated may pursue available rem dies, including suspension and/or debarment. 1 The prospective lower tier participant shall provide immediate written notice to the pers to which this proposal is submitted if at any time the prospective lower tier participant learns that its ertification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier cove ed transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntar ly excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rul s implementing Executive Order 12549, You may contact the person to which this proposal is submitted or assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the ptoposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transacts n 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. b. 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 Exclu ion -Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in al solicitations for lower tier covered transactions. 8. a A participant in a covered transaction may rely upon a certification of a prospective participa t in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded f -om 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 i not required to, check the Nonprocurement List (Telephone Number). Nothing contained in the foregoing shall be construed to require establishment of a system o records in order to render in good faith the certification required by this clause. The knowledge and ' formation of a participant is not required to exceed that which is normally possessed by a prudent perso4 in the ordinary course of business dealings. i 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 susrended, 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 origin ted may pursue available remedies, including suspension and/or debarment. ED Form GCS -009, M8 --------------- Packet Pg. 1120 ATTACHMENT D of MOA 2018-2819-0003 Certificate of Equipment for Casting and Counting Ballots We Jennifer J. Edwards Supervisor of Elections and William L. McDaniel Jr. Chairperson of Board of County Commissio ers, of Collier County, Florida, do hereby certify that prior to the receipt and use of fi�cal year 2018-2019 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, 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 ell ction. If the Florida Department of State determines that there is insufficient equipment for caning and counting ballots for the next regularly scheduled general election as herein certifled,lwe shall i return the HAVA funds that were used to purchase other emerging or enhancing so are and hardware technology to the State. 1 ns' Chairman, Board of County Commissioners Super7isor of iFiFo Date Date ATTEST CRYSTAL K. KiNZEL, CLERK BY: DS -DE 135 Revised 6/18 Approved as to form and Itgal Ity I Assistant County Altus icy Packet Pg. 1121