Dallas County

COURT ORDER / BRIEFING Commissioners Court - Dec 17 2019

☐ Resolution ☐ Solicitation/Contract ☐ Executive Session ☐ Addendum

RECOMMENDATION TO PROCURE ELECTRONIC POLLBOOKS FROM

ELECTION SYSTEMS AND SOFTWARE Briefing Date: Dec 17 2019 Funding Source: For Hardware: 00196.1210.08630.0000.1003.91101.00000.0000 For

Software: 00196.1210.08640.0000.1003.91101.00000.0000 For Dev & imp cost: 00196.1210.08641.0000.1003.91101.00000.0000

Originating Department: Elections Prepared by: Robert Heard, Assistant Elections Administrator Recommended by: Toni Pippins-Poole, Elections Administrator BACKGROUND INFORMATION: Dallas County Elections Department submits this briefing to request approval to procure and begin use of ExpressPoll electronic pollbooks manufactured and developed by Election Systems And Software, Inc. (ES&S). ES&S provides Dallas County’s voting and election equipment solutions, and can provide an e-pollbook solution that can seamlessly and securely integrate with that equipment. DCED is also requesting that ES&S be considered a sole-source vendor for this procurement, as it is only election and voting equipment systems manufacturer/ developer that can provide the fully integrated e-pollbook solution to operate with its voting and election equipment and services. The Contract Agreement for this procurement is included as “Attachment A”. OPERATIONAL IMPACT: The ES&S ExpressPoll e-pollbook (as part of an overall modular) solution would allow for seamless and less-cumbersome qualifying process for voters at polling places. ES&S would provide a single source/integrated provider solution. The Texas Secretary of State has recently implemented requirement that e-pollbooks systems be certified and capable of real-time communication with county voter registration databases. The ES&S e-pollbook solution is more capable of meeting this requirement, as it is part of ES&S’ modular end- to-end solution system, especially when paired with ES&S’ PowerProfile Voter Registration and Election Management module. With ES&S, there would be only one vendor responsible for Dallas County’s election and voting equipment and systems. One vendor would also provide technical benefits that are not possible when attempting to integrate election tools from different manufacturer/developers. FINANCIAL IMPACT: DCED is requesting approval to purchase equipment, supplies and services to stage and support 4,200 ExpressPoll e-pollbooks. We estimate costs to be as follows: LEGAL IMPACT:

This procurement would require Dallas County enter into a contract agreement with ES&S for equipment and services. The initial term of the contract would be for three (3) years, and would include possibility for two 1-year extensions. Dallas County would also need to acknowledge ES&S to be a sole-source vendor for this e-pollbook procurement, and end-to-end election modular system solution. Consequently, Dallas County will also need to resolve any contractual relationships with its current e- pollbook vendor. PROJECT SCHEDULE: DCED has prepared a timeline for this procurement.Based on the urgent need to implement a viable e-pollbook solution, DCED is requesting an expedited procurement process. SBE PARTICIPATION: N/A ADMINISTRATIVE PLAN COMPLIANCE: The Court's approval of this procurement request is consistent with Dallas County visions to be a model governmental entity operationally, and its goals for services to be efficiently and effectively delivered in light of changes in technology, the public’s preferences and expectations and the area’s population and economy; and for decisions to be made based on the best and most complete information available, in that is provides sound, financially responsible and accountable governance. RECOMMENDATION: Approve procurement of elections and voting equipment as described below, and as detailed in Contract Agreement included as Attachment A; provide approval for the County Judge to sign the Contract Agreement (Attachment A); and, deem ES&S to be a sole-source provider for purposes of this procurement; and approves funding for procurement Grand Total (Includes implementation and 3-Years post warranty license and maintenance and support services) Not to exceed $6,000,000.00 FUNDING SOURCES: For Hardware:00196.1210.08630.0000.1003.91101.00000.0000 For Software:00196.1210.08640.0000.1003.91101.00000.0000 For Dev & imp cost:00196.1210.08641.0000.1003.91101.00000.0000 MOTION: On a motion made by TBD, and seconded by TBD, the following order will be voted on by the Commissioners Court of Dallas County, State of Texas: Be it resolved and ordered that the Dallas County Commissioners Court does hereby Approve procurement of elections and voting equipment as described below, and as detailed in Contract Agreement included as Attachment A; provide approval for the County Judge to sign the Contract Agreement (Attachment A); and, deem ES&S to be a sole-source provider for purposes of this procurement; and approves funding for procurement of the following:

Grand Total (Includes implementation and 3-Years post warranty license and maintenance and support services) $5,661,400.00 FUNDING SOURCES: For Hardware:00196.1210.08630.0000.1003.91101.00000.0000 For Software:00196.1210.08640.0000.1003.91101.00000.0000 For Dev & imp cost:00196.1210.08641.0000.1003.91101.00000.0000 ATTACHMENTS: Attachment B The Sole Source Justification

INTEROFFICE MEMORANDUM

MEMO TO: Michael Frosch, Purchasing DirectorDATE: 12/13/2019FROM: Toni Pippins-Poole, Elections AdministratorSUBJECT: Discretionary Exemption for the acquisition of Electronic Poll Books and requiredSoftware License, Maintenance, Equipment and Support Fees with Election Systems &Software, LLC.

Formal competitive procurements are required for purchases over $50,000. Purchases of any ofthe following are exempt from the competitive requirements if the Commissioners Court grantthe exemption. The Purchasing Agent grants the exemption to informal competitiveprocurements for purchases below $50,000. Please check all applicable blocks below (more thanone may apply) and provide an explanation on the following sheet.

The itern/service purchased is:

an item that must be purchased in a case of public calamity if it is necessary to make thepurchase promptly to relieve the necessity of the citizens or to preserve the property ofthe County:

necessary to preserve or protect the public health or safety of the residents of the County;

necessary because of unforeseen damage to public property;

a personal or professional service;

individual work performed and paid for by the day, as the work progresses, provided thatno individual is compensated under this subsection for more than 20 working days in anythree month period;

any land or right of way;

obtained from only one source, including: items for which competition is precludedbecause of the existence of patents, copyrights, secret processes, or monopolies, ?lms,manuscripts, or books, electric power, gas, water, and other utility services, or otherspecialist needs;

captive replacement parts or components for equipment;

food (applies only to sealed competitive bidding, must solicit at least three phone quotes);

personal property sold: at an auction by a state licensed auctioneer, at a going out ofbusiness sale or by a political subdivision of the State of Texas, a state agency of theState of Texas, or an entity of the Federal Government;

vehicle and equipment repairs;

the renewal of extension of a lease or of an equipment maintenance agreement if: (1) thelease or agreement has gone through a competitive bidding procedure within thepreceding year, (2) the renewal or extension does not exceed one year and (3) the renewalor extension is the ?rst renewal or execution of the lease or agreement.

This item/service:

does require Commissioners Court approval.

[ ] does not require Commissioners Court approval.

Authorized Client Department Signature: .

Purchasing Agent Signature: I/(‘Q\

Discretionary Exemption explanation:

Texas Local Government Code Sec. 262.024. DISCRETIONARY EXEMPTIONS provides thefollowing exemptions which can be granted by Commissioners Court:

(7) an item that can be obtained from only one source, including:(A) items for which competition is precluded because of the existence of patents,

copyrights, secret processes, or monopolies; and

(D) captive replacement parts or components for equipment;

The requested contract meets the requirement outlined within the statue.

BACKGROUND

On May 7, 2019, Dallas County Elections entered into a contract with Election Systems &Software (ES&S), LLC, to provide Election Voting Tabulation Systems and Services with a totalDallas County taxpayer investment of $25,47l,8 13.00.

The best in class voting system has been successfully utilized in a number of elections sinceacceptance. Dallas County is now seeking a tum—keyintegrated solution for an end—to-endelection solution. It has been determined Dallas County’s advanced security requirements, along

with the need to have one source of accountability, requires a seamless system to support theelection activities.

The election system and software taxpayer investment of $25M was considered when seeking aviable turnkey solution. ES&S offers electronic poll books, within their solution, which willprovide Dallas County the necessary advanced security standards, compatibility with the ES&Sproduct previously purchased and network. Additionally, this single election solution willprovide an increased level of system operations and accountability by one of the nation’s largestelection providers.

The ES&S ExpressPoll e—pollbook(as part of an overall modular) solution would allow forseamless and less—cumbersomequalifying process for voters at polling places. ES&S wouldprovide a single source/integrated solution.

The Texas Secretary of State has recently implemented requirement that e—pollbookssystems becerti?ed and capable of real-time communications with county voter registration databases. TheES&S e—pollbooksolution is more capable of meeting this requirement, as it is part of ES&S’modular end-to-end solution system, especially when paired with ES&S’ PowerPro?le VoterRegistration and Election Management module.

With ES&S, there would be only vendor responsible for Dallas County’s election and Votingequipment and systems. One vendor would also provide technical bene?ts that are not possiblewhen attempting to integrate election tools from different manufacturer/developers.

Finally, ES&S provides proprietary electronic poll book management software and license whichare not available through distributors or resellers.