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9 / pOoL q . A . CVa MEMORANDUM OF AGREEMENT - RECEIPT AND USE OF HAVA' 'INflS - FOR FEDERAL ELECTION ADMINISTR ' �QPj LGTVI S 1 1L lav TI This agreement is between the State of Florida, Department of State, Division of Elections ("Department" ), R. A. Gray Building, 500 South Bronough Street, Tallahassee , FL 32399- 0250 and The Honorable Leslie Rossway Swan , Supervisor of Elections (" Supervisor") , on behalf of Indian River County , 4375 43rd Avenue , Vero Beach, FL 32967 - 1024 . This agreement is effective as of the date fully executed by the parties . I . GOVERNING LAW The Department is authorized pursuant to specific appropriation 3134 of the 2012 -2013 General Appropriations Act ( see section 6 , chapter 2012 - 118 Laws of Florida) , to disburse a total of $ 3 , 000 , 000 from the Federal Grants Trust Fund (HAVA Account # 261011 ) to the county supervisors of elections for the fiscal year 2012 - 2013 ("FY 2012 -2013 funds") . Therefore , funds are made available through section 251 of the Help America Vote Act of 2002 (HAVA) and the Catalog of Federal Domestic Assistance ( CFDA) 90 . 401 , Help America Vote Act Requirements Payments for improving the administration of federal elections . II . SCOPE OF USE AND RESTRICTIONS As more specifically set forth in paragraph 1 of Attachment A , which is hereby incorporated by reference , the funds granted shall be used for federal election administration activities . • These funds shall be used to support election activities related only to federal elections (that is , elections in which a federal candidate is on the ballot) . If any of these funds are used for an election in which a federal candidate is not on the ballot, the cost must be pro - rated for the portion of the expenditure that is allocable to a federal election . These funds shall not be used to support state or federal lobbying activities but this does not affect the right, or that of any other organization to petition Congress , or any other level of Government, through the use of other resources . • Prior to receiving FY 2012 - 2013 funds , the Supervisor must first submit in accordance with paragraph 2 of Attachment A : 1 ) A Federal Election Activities plan (DS - DE 126 , Revised 7/5 /2011 ] that details the planned use of the funds ; 2 ) Certification from the county governing body to provide matching funds equal to 15 % of the HAVA funds received , [DS - DE 127 , Revised 7/5 /2011 ; and 3 ) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions form . Any change , modification or deviation from the activities or expenses initially provided in the plan for use of the funds must be reviewed and approved by the Department prior to expenditure . • The FY 2012 - 2013 funds shall be placed in a separate interest bearing account in a qualified public depository as set out in section 280 . 03 , Florida Statutes , and in MOA # 2012- 2013- 0001 - 1 -