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A T�riUE COPY (. E. RTIEi0ATI0N ON LAST FADE M ; ! ` ' 3 oZOI� • C20 MRS RARTON , CLEH IRS C ^ r MEMORANDUM OF AGREEMEN10I ; RECEIPT AND USE OF HAVA FUNDS 44 FOR FEDERAL ELECTION ADMINISTRATION ACTIVITIES This agreement is between the State of Florida, Department of State, Division of Electi - , ("Department") , R. A . Gray Building , 500 South Bronough Street, Tallahassee, FL 32399 -0250 and The Honorable Leslie R. Swan, Supervisor of Elections (" Supervisor") , on behalf of Indian River County, 4375 43 `d Avenue , Vero Beach, FL 329674024 . This agreement is effective as of the date fully executed by the parties . I . GOVERNING LAW The Department is authorized pursuant to specific appropriation 2941 of the 2011 - 2012 General Appropriations Act (see section 6 , chapter 2011 -69, Laws of Florida) , to disburse a total of $2 , 000 , 000 from the Federal Grants Trust Fund (HAVA Account # 261011 ) to the county supervisors of elections for the fiscal year 2011 -2012 ("FY 2011 - 2012 funds") . Therefore , funds are made available through section 251 of the Help America Vote Act of 2002 (HAVA) and the Catalog of Federal Domestic Assistance (CFDA) 90 . 401 , Help America Vote Act Requirements Payments for improving the administration of federal elections . II. SCOPE OF USE AND RESTRICTIONS As more specifically set forth in paragraph 1 of Attachment A, which is hereby incorporated by reference, the funds granted shall be used for federal election administration activities . • These funds shall be used to support election activities related only to federal elections (that is, elections in which a federal candidate is on the ballot) . If any of these funds are used for an election in which a federal candidate is not on the ballot, the cost must be pro- rated for the portion of the expenditure that is allocable to a federal election. These funds shall not be used to support state or federal lobbying activities but this does not affect the right, or that of any other organization to petition Congress , or any other level of Government, through the use of other resources . • Prior to receiving FY 2011 -2012 funds , the Supervisor must first submit in accordance with paragraph 2 of Attachment A : 1 ) A Federal Election Activities plan (DS -DE 126 , Revised 7/5 /20111 that details the planned use of the funds ; 2 ) Certification from the county governing body to provide matching funds equal to 15 % of the HAVA funds received, [DS -DE 127 , Revised 7/5 /2011 ; and 3 ) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions form . Any change , modification or deviation from the activities or expenses initially provided in the plan for use of the funds must be reviewed and approved by the Department prior to expenditure . • The FY 2011 -2012 funds shall be placed in a separate interest bearing account in a qualified public depository as set out in section 280 . 03 , Florida Statutes , and in MOA # 2011 - 2012 -0001 - 1 -