Okaloosa County BOCC — May 17, 2016 — Unexecuted Agreement — reading text

Shirley Young From: Durbin, Joyce A. <Joyce.Durbin@DOS.MyFlorida.com> Sent: Wednesday, August 19, 2015 3:06 PM To: SOE List Cc: amartin@votemadison.com; aalexandre@hcsoe.org; aphillips@votemadison.com; Brenda.Condo@ocfelections.com; casondraoneal@polkelections.com; cfowler@sarasotavotes.com; Kelly, Charmaine; danfield@slcelections.com; Cain, Debbie; Dent, Debbie; Kelly, Denise; draysor@martinvotes.com; Fonzi, Diane; diane@charlottevotes.com; Ward, Erika; vjacobsen@votebrevard.com; gbruner@wcsoe.org; Riner, Guy; ThompsonH@leoncountyfl.gov; Morgan, Joe; JMartin@lakecountyfl.gov; Marcus, Julie; keelie_sekerka@escambiavotes.com; Rinker, LaJuana; llevinson@browardsoe.org; Tanko, Linda; lmcclell@votehighlands.com; lisa@voteokeechobee.com; mfew@votemarion.com; Baird, Maureen; mhamilton@pascovotes.com; Blazier, Melissa; Hardin, Michael; nina@bayvotes.org; PJLeiva@polkelections.com; queen@voteosceola.com; risley@leeelections.com; Quinn, Rebecca; RAS@miamidade.gov; phillips@coj.net; Conte, Robin; rturner@sarasotavotes.com; sandramapp@pbcelections.org; Farrington, Scott; Shirley Young; Tmertz@sumterelections.org; Meadows, Therisa; Cao, Thien; Horne, Elizabeth P.; tcowen@pascovotes.com; Ridgeway, Track; tboyle@voteindianriver.com; Farris, Vicki; zfolston@alachuacounty.us; Goding, Christine; jnunez@browardsoe.org; Atkinson, Elizabeth; cnakabaale@flaglerelections.com; jlewicki@votebrevard.com; Matthews, Maria I.; Mosca, Alexander N.; Johnson, Althera Subject: FY2015-2016 Federal Election Activities HAVA Grant Funds This is an e-mail from Maria Matthews, Division of Elections Director. Dear Supervisors of Elections and Staff, Two million dollars from the Help America Vote Act grant fund are available for distribution to the 67 counties for FY 2015-2016. As in years past, each county's allocation is based on the number of active registered voters as of bookclosing for the 2014 General Election. Certain requirements must be met prior to distribution as follows: Scope of Use: The General Appropriations Act proviso language states the funds can only be spent for federal election administration activities in the following categories: • Voter Education; • Poll Worker Training; • Standardizing Election Results Reporting; • Other Federal Election Administration Activities, as approved by the Department of State. Required Documents: Before a county can receive any funds under this appropriation, you must execute and return to the Division of Elections the following documents available at: http://soe.dos.state.fl.us/ under the HAVA bullet W8Mi""4).Joilger:he.sandiQfl•barc:kot:Hes. Please read the documents as the format, labeling and content of the memorandum of agreement have changed. 1  • Template for Memorandum of Agreement, Receipt and Use of HAVA Funds/or Federal Election I Administration Activities {MOA #2015-2016-0001 _ _ ). Starting this year, you will have to insert your county information in the first paragraph of the MOA and enter the 3-letter county code at the bottom of the MOA once you execute it. A chart with the 3-letter county code that we use is available at http://soe.dos.state.fl.us/. • Attachment A, General Appropriations Act Proviso Language • Attachment B, Federal Election Activities Plan {Form OS-DE 126, rev. 6/4/2014) • Attachment C, Federal Election Activities Funds-Funds Allocation per County/County Matching Funds • Attachment D, Certificate Regarding Matching Funds {Form OS-DE 127, rev. 6/4/2013). Do not forget to enter your county information as well as the amount of county matching funds on this form. This amount is provided on Attachment C which lists the Federal Election Activities Funding and the County Matching Funds for each county. • Attachment E, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, ED Form GCS-009, v 6/88 • Attachment F, Certificate of Equipment/or Casting and Counting Ballots (Form OS-DE 135, Rev. 7/10/13}. This form is not required in all circumstances. If you do use it, fill in county information at the top of the page. • Attachment G, Florida Single Audit Act Requirements The Division of Elections will provide you a copy of the agreement upon full execution. Deadline to Request: The deadline to request these funds with executed documentation is June 1, 2016. It can take upwards of one month to process all requests in time to get the warrants issued before the money reverts. No distribution can or will be made after June 30 for these funds. If you do not intend to apply for FEA money at all, please notify us in writing as soon as possible. Receipt: We strongly encourage you to sign up to have your payments made via direct deposit. Go to: http://www.myfloridacfo.com/aadir/direct deposit web/vendors.htm; print and mail the Direct Deposit Authorization form back to the Department of Financial Services at the address listed on the form. You must do this if you have not received direct deposit from the state in the past. Expenditures: To reduce the amount of reports you and we have to track over time, we ask that you expend and exhaust any older HAVA fund accounts available first. For example, expenses for sample ballots is an expense allowed in every annual grant distributed since FY 2003-04. Also if your plan has changed for how you want to use the funds, you can always amend your plan to reflect another activity, provided that activity was allowed during the specific grant year. The amended plan must be submitted and approved by the Division of Elections prior to expenditures. The benefit to fully expend older distributions is that you will have fewer reports to submit, fewer funds to track, fewer potential bank fees to pay for multiple accounts and the sooner you can dispose of your records that reach retention period. As always, we appreciate your cooperation to help us get you the funds your county needs as soon as possible. if you have any questions, please do not hesitate to contact me or the HAVA team. Maria Matthews, Director Division of Elections 2 Joyce Durbin HAVA Coordinator Florida Department of State Dhision of Elections R.A. Gray Building, Room 316 500 South Bronaugh Street Tallahassee, FL 32399 850.245.6206 Joyce.Durbin@DOS.myflorida.com This response i~ provided for reference only and does not constitute legal advice or representation. As applied to a particular set of facts or circumstances. interested parties should refer to the Florida Statutes and applicable case law, and/or consult a private attorney before drawing any legal conclusion~ or relying upon the infomrntion provided. Please note: Florida has a very broad public records la\v. Written communications to or from state officials regarding state business constitute public records and arc available to the public and media upon request unless the infixmation is subject to a specific statutory exemption. Therefore. your e-mail message may be subject to public disclosure. The Department of State is committed to excellence. Please take our Customer Satisfaction Survey. 3  RECEIPT AND USE OF HAVA FUNDS FOR FEDERAL ELECTION ADMINISTRATION ACTIVITIES This agreement is between the State of Florida, Department of State, Division of Elections ("Department"), R.A. Gray Building, 500 South Bronaugh Street, Tallahassee, FL 32399-0250 and The Honorable Paul Lux, Supervisor of Elections ("Supervisor"), on behalf of Okaloosa County, 302 Wilson Street North, Suite 102, Crestview, FL 32536. This agreement is effective as of the date fully executed by the parties. I. GOVERNING LAW The Department is authorized pursuant to specific appropriation 3078 of the 2015-2016 General Appropriations Act (see Section 6, Chapter 2015-232, 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 2015-2016 ("FY 2015-2016 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. Specific Appropriation 3078 proviso language authorizing the use of funds is attached hereto as Attachment A. II. SCOPE OF USE AND RESTRICTIONS A. Scope of Work. The Supervisor shall only use the FY 2015-2016 funds to provide services for one or more of the following federal election administration scope of work in the following categories (the Federal Election Activities Plan, Attachment B (template), contains more specific examples). • Voter Education • Poll Worker Training • Standardizing Election Results Reporting • Other Federal Election Administration Activities, as approved by the Department of State. B. Deliverables. Payment 1, Deliverable/Task 1: • Payment will be a fixed price in the amount identified in Attachment C. Any expenses made must relate to the activities as identified in the originally approved or subsequently revised and approved Federal Election Activities Plan (Attachment B) and all required documents under Section Ill (A) provided in this contract. C. Length of Agreement. This agreement shall begin the date the agreement is signed by both the Supervisor and the Department and continue until all grant funds have been expended. MOA # 2015-2016-0001 - 1- D. Minimum Performance Standards. The Supervisor shall submit an annual report (DS-DE 128, Revised 11-15-13) by December 31 of every year until the funds are expended to show the deliverables have been achieved. The Supervisor must attach to the report billing or itemized receipts in support of the expenditures for the services or products used to provide voter education concerning voting procedures, voting rights or voting technology, and/or poll worker training payroll registers, as well as MOVE Act Implementation and Maintenance and Software and Hardware Technology as described in Attachment B. E. Interest bearing account/public depository and accounting. The Supervisor must establish and maintain the FY 2015-16 funds in an interest bearing account in a "qualified public depository" as defined by section 280.03, Florida Statutes. The Supervisor must segregate federal funds and required county matching dollars in a separate account established to hold only such funds or in an account in which funds may be tracked by different account codes. For example, do not comingle HAVA funds for voting systems assistance