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MEMORANDUM OF AGREEMENT -
RECEIPT AND USE OF HAVA' 'INflS -
FOR FEDERAL ELECTION ADMINISTR ' �QPj LGTVI S 1
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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
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accordance with accounting requirements as set forth in paragraphs 3 and 4 of
Attachment A .
• The Supervisor shall report and account for expenditures in accordance with this
agreement and specifically paragraphs 5 and 6 of Attachment A.
III . DISBURSEMENT
The Department shall distribute to each eligible county supervisor of elections an amount equal
to the funding level per voter multiplied by the number of active registered voters in the county
for the 2012 Presidential Preference Primary . The Department shall determine the funding level
per voter in the state based on that information . The Supervisor shall receive a sum certain as
outlined in Attachment B , incorporated by reference .
IV . MONITORING , AUDITS, AND REPORTING
The administration of resources awarded to the Supervisor is subject to monitoring, audits , and
reporting as described herein .
A. Monitoring
In addition to reviews of audits conducted in accordance with OMB Circular A - 133 (as revised) ,
the Department may provide additional monitoring including on- site visits , and/or other
procedures permitted under federal and state law . The Supervisor shall comply and cooperate
with any monitoring procedures/processes the Department deems appropriate .
The Department shall closely monitor the Supervisors ' annual expenditure reports required by
paragraph 5 of Attachment A to ensure that the Supervisors expend NAVA funds in accordance
with approved plans and will require reimbursement for all expenditures not approved or
otherwise authorized . Also , the Department shall ensure that Supervisors report the expenditures
made with HAVA funds separately from expenditures made with county funds .
B . Audits
1 . Federal audit/OMB Circular A - 133 (as revised)
If the Supervisor expends $ 500 , 000 ( $ 300 , 000 for fiscal years ending before December 31 ,
2003) or more in federal awards in its fiscal year, a single or program- specific audit must
be
conducted in accordance with the provisions of OMB Circular A- 133 ( as revised) . This may be
satisfied by an audit of the Supervisor of Elections conducted by the Auditor General in
accordance with OMB Circular A- 133 (as revised) . In determining the federal awards expended
in its fiscal year, the Supervisor shall consider all sources of federal awards . Attachment
A
indicates federal resources are being awarded under this Agreement . The determination of
amounts of federal awards expended shall be in accordance with the guidelines established by
OMB Circular A - 133 (as revised) . In connection with an audit herein, the Supervisor shall fulfill
the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A- 133 (as revised) .
MOA # 2012 - 2013 - 0001
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If the Supervisor expends less than $ 500 , 000 ($300, 000 for fiscal years ending before December
31 , 2003) in federal awards in its fiscal year, an audit pursuant to OMB Circular A- 133
( as
revised) , is optional . If the Supervisor 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 . , from sources 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 such audit analysis , or review is appropriate ,
the Supervisor agrees to comply with any additional instructions provided by Department staff to
the Supervisor regarding such process . If the Department determines that federal funds received
under this Agreement were used for any unauthorized purpose or that the Supervisor did not
comply with this agreement or state or federal requirements for receipt, expenditure, or
accounting, the Supervisor must return or repay these federal funds in an amount sufficient to
ensure or obtain compliance , including expenses for any corrective or remedial action .
Additionally, the Department may withhold funds , otherwise due, in an amount sufficient to
cover any costs associated with the limited scope audit or financial analysis or review to
determine or ensure compliance .
The Supervisor further agrees to comply and cooperate with any inspections , reviews ,
investigations , or audits of federal funds deemed necessary by the Department of State , Chief
Financial Officer (CFO) or Auditor General .
For additional guidance to state and federal monitoring and auditing requirements, refer to :
http ,&/%lection. dos. state. fl. us/hava/index. shtml and http ://www. eac. gov.
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 Supervisor pursuant to Section IV . 13 . 1 of this
agreement , shall be submitted as required by sections . 320 (d ) of such circular to :
Department of State Department of State Auditor General 's Office Federal Audit
Division of Elections Office of Inspector General Room 401 , Pepper Bldg Clearinghouse
R. A . Gray Building, Ste 316 R. A . Gray Bldg. , Rm 114A 111 West Madison St. Bureau of the Census
500 S. Bronough St. 500 S. Bronough Street Tallahassee, FL 1201 East 10i6 St,
Tallahassee, FL 32399-0250 Tallahassee, FL 32399-0250 32399- 1450 Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections . 320 (e) and 69 , OMB Circular A - 133
(as revised) .
Any reports , management letter, or other required information shall be submitted timely in
accordance with OMB Circular A- 133 (as revised) , the Florida Single Audit Act , and Chapters
10 . 550 ( local governmental entities) or 10 . 650 (nonprofit and for-profit organizations ) , Rules of
the Auditor General , as applicable . When submitting financial reporting packages to the
Department for audits conducted in accordance with the aforementioned circular or Rules of the
Auditor General , the Supervisor shall include within the information the date the Supervisor
received the reporting package .
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V. RECORD RETENTION
The Supervisor shall keep and maintain accurate and detailed records (e . g . , invoices, receipts ,
and other documentation) sufficient to identify how and whether expenditures were used for
authorized purposes , to support financial reporting , and to conduct audits as may be required or
requested . The Supervisor 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 . The Supervisor shall allow
the Department or its designee , CFO , or Auditor General access to such records , including the
audit working papers upon request .
Failure to provide adequate documentation shall result in a request to return the funds to the
Department.
VI . ENTIRETY OF THE AGREEMENT
All terms and conditions of this agreement are fully set forth in this
document and attachments incorporated by reference and shall be governed by the laws of the
State of Florida regardless of any conflict of laws provisions . In any proceeding or action
brought under this section, the parties agree that 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 .
IN WITNESS THEREOF , the parties have caused this Agreement to be executed by their
undersigned officials as duly authorized .
County Supervisor of Elections : Department of State , Division of Elections
By : By :
Printed name and title Printed name and title
Witness Witness
Date Date
Please complete, sign & return the Memorandum of Agreement, Federal Election Activities
plan , Certificate Regarding Matching Funds signed by the county governing body, &
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 tt 2012 - 2013 - 0001
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ATTACHMENT A- 2 of MOA 2012 - 2013 - 0001
Certificate Regarding Matching Funds
I , Gary C . wheeler , Chairman of the Board of County Commissioners of
Indian River County, Florida , do hereby certify that the Board of County Commissioners will
provide matching funds for the Federal Election Activities grant in county FY 2012 - 2013 to the
Supervisor of Elections in an amount equal to at least 15 % of the amount to be received from
the state, which for Indian River County is $ 3 , 608 . 99 . 1 understand that if the Board
fails to
appropriate the required matching funds , all funds received from the state for this grant during
the 2012 - 2013 state fiscal year will be required to be returned to the Department of State .
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Chairman oard of County Commissioners °?o, . .
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September 18 , 2012
Date
DS - DE 127
Revised 7/5/ 2011