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

with funds for voter education. Funds in this account must be used only for the activities for which the funds were received. Funds shall remain in the account to be used for the same purposes for subsequent years or until such funds are expended. Please note that separate public depository requirements apply under chapter 280, Florida Statutes, but are outside the scope of enforcement of this agreement. The Supervisor will be required to execute and retain in the official records a Public Deposit Identification and Acknowledgment Form (DFS-Jl-1295) and to submit a Public Depositor Annual Report to the Chief Financial Officer (DFS-Jl-1009) to the Public Deposits Program, Florida Department of Financial Services. Refer to The Department of Financial Services Collateral Management for Governmental Units page for more information, or contact the Program Administrator at 850-413-3360. The Supervisor shall maintain separate accounting records for each of the funding sources identified under its plan submitted pursuant to this agreement. F. Restrictions. Funds will 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. Funds may 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. MOA # 2015-2016-0001 -2- Ill. DISBURSEMENT The Department shall distribute to each eligible county supervisor of elections upon request an amount equal to the funding level per voter multiplied by the number of active registered voters in the county for the 2014 General Election. The Supervisor shall receive a sum certain as outlined in Attachment C. A. Submissions. Prior to receipt of FY 2015-2016 funds under this agreement, the Supervisor must additionally submit to the Department: • A Federal Election Activities Plan (OS-DE 126, Revised 6/4/2014} that contains a detailed description of the programs that will be implemented. Boxes should be marked for federal election administration activities that will be used as well as for all sources of funding that apply, i.e. include the source of funds (federal, county matching funds, interest earned and other county funds (local) being used for each federal election activity set forth in the plan. This form is attached hereto as Attachment B. Please provide SAMPLES of all voter education printed documents and transcripts of audio and video recordings or clips. • A written certification from the county governing body (e.g. Board of County Commissioners) (DS-DE 127, Revised 6/4/2013) that matching funds will be provided in an amount equal to fifteen percent {15%) of the amount to be received from the state. This form is attached hereto as Attachment 0. If the county governing body fails to appropriate the matching funds, the Supervisor must return or repay to the State the portion of the funds for which the matching funds applied. • A completed ED Form GCAS-009 (6/88), entitled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions", and attached hereto as Attachment E. [Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, prohibits the disbursement of federal funds to the intended recipient of such funds or to any sub-recipient thereunder unless such recipient and each sub- recipient, if any, certify that they are not excluded or disqualified from receiving federal funds by any federal department or agency.] • A completed "Certificate of Equipment for Casting and Counting Ballots" (DS-DE 135, Effective 7/10/13), attached hereto as Attachment F. This is required if the request, in part or in full, is to use HAVA funds for the purpose of purchasing emerging or enhancing software and hardware technology. IV. Electronic Payments The Supervisor may choose to use electronic funds transfer (EFT) to receive grant payments. All Supervisors wishing to receive their award through electronic funds transfer must submit a Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization MOA # 2015-2016-0001 -3- form unless you have changed bank accounts. To download this form visit http://www.myfloridacfo.com/Division/AA/Forms/DFS-Al-26E.pdf. This page also includes tools and information that allow you to check on payments. V. MONITORING, AUDITS, AND REPORTS The administration and use of funds are subject to monitoring, audits, and reports as follows: A. Monitoring. In addition to reviews of audits conducted in accordance with 2 CFR 2 §200.328, as revised, and Section 215.97, F.S., (see Attachment G) monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by 2 CFR 2 §200.328, as revised, and/or other procedures. By entering into this agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes the Department deems appropriate. The Department shall closely monitor the Supervisors' annual expenditure reports to ensure that the Supervisors expend HAVA 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. For additional guidance to state and federal monitoring and auditing requirements, refer to: http://election.dos.state.f/.us/hava/index.shtml and http://www.eac.gov. B. Financial reports. The Supervisor shall submit the following written financial reports to the Department: • Expenditure report. This report is due every year in which HAVA funds remain and/or are expended. If expenses are made at any time from the date of initial receipt of the FY 2015-2016 Federal Election Activities grant funds through September 30 of the year received, the first report is due on December 31 of that year. Thereafter, an expenditure report is only due on December 31 of every year in which expenditures were made and/or funds remain to cover the preceding October pt through September 30th period until all funds are fully expended. The Supervisor shall indicate on the report if the funds are fully expended during the expenditure period being reported. The report shall be filed using Form DS-DE 128 (rev. 11-15-13) provided by the Department. The report must include documentation (such as appropriation statement, committee meeting minutes approving appropriation, or account statement) that the county governing body appropriated matching funds as certified in Section Ill. Disbursements, Section A. Submissions, Bullet number 2. Failure to appropriate the county matching funds or reversion of those funds back to the county for any reason must be reported to the Department. MOA # 2015-2016-0001 -4- I  Each financial report shall include the billing or itemized receipts in support of the expenditures for the services or products used. The voter education publications must provide voter education concerning voting procedures, voting rights or voting technology. If deemed necessary after review of a financial report, you may be asked and will be required to provide any requested supplemental documentation. For products, documentation may include a copy of or the actual product or publication and an indication of how many individual items were produced or printed. For services, documentation may include a copy of or the actual newspaper article, audio recording, or video clip and/or template or transcript thereof, and an indication of how many times it was published, aired, or accessed, or a copy of the graphics template and content layout for a special created webpage. • Annual remaining balance report. Supervisors of Elections shall report to the Department of State any unspent funds remaining on June 30 of each fiscal year. The report form (DS- DE 129, Revised 7/5/11) will be provided by the Department. This report is due on or before July 31 of every year until such funds are fully expended. C. Reporting Requirements Copies of financial reporting packages as described in section .320(c), 2 CFR 2 §200.328 (as revised) for audits conducted by or on behalf of the Recipient pursuant to Attachment G of this agreement, shall be submitted as required 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. 114-A 111 West Madison St. Bureau of the Census 500 S. Bronaugh St. 500 S. Bronaugh Street Tallahassee, FL 1201 East 10th St. Tallahassee, FL Tallahassee, FL 32399-1450 Jeffersonville, IN 32399-0250 32399-0250 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f}, 2 CFR 2 §200.328 (as revised). Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely and in accordance with 2 CFR 2 §200.328, the Florida Statutes, and Chapter 10.550 (local governmental entities) of the Rules of the Auditor General, whichever is applicable (http://www.myflorida.com/audgen/pages/localgovt.htm). The correspondence accompanying the financial reporting package forwarded to the Department must include the date the Recipient received the reporting package. VI. 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. In accordance with Attachment A, these records must be retained for five fiscal years MOA # 2015-2016-0001 -5- after the last report that all funds have been fully expended or funds are returned by the county, or three years after the date an audit report is issued, whichever is earlier. 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. VII, INCORPORATED DOCUMENTS This agreement incorporates by reference the following documents: