HomeMy WebLinkAboutPR 22480: PURCHASE OF VERITY VOTING EQUIPMENT CONBERSION HARDWARE SOFTWARE, BY HART INTERCIVIC P. R. NO. 22480
06/03/2022 sb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE PURCHASE OF VERITY
VOTING EQUIPMENT CONVERSION HARDWARE, SOFTWARE,
IMPLEMENTATION SUPPORT SERVICES FROM HART INTERCIVIC
OF AUSTIN, TEXAS, THROUGH THE BUYBOARD COOPERATIVE
PURCHASING PROGRAM, CONTRACT NO. 622-20, FOR THE
ELECTION DEPARTMENT IN THE AMOUNT OF $251,120.00;
FUNDING AVAILABLE IN ELECTION ACCOUNT NUMBERS 001-03-
011-5318-00-10-000- AND 001-03-011-5470-00-10-000-
WHEREAS, Senate Bill No. 598 was adopted June 14, 2021 requiring auditable voting
systems attached hereto as Exhibit "A"; and
WHEREAS, an auditable voting system means a voting system that: 1) uses, creates,
or displays a paper record that may be read by the voter; and 2) is not capable of being
connected to the Internet or any other computer networker electronic device; and
WHEREAS, the City Council adopted Resolution No. 18-429 on October 13, 2018
authorizing the purchase of the Verity Voting Equipment and Software from Hart Intercivic;
and
WHEREAS, Resolution No. 18-249 authorized a Master Agreement that shall
automatically renew for successive periods of one (1) year following the initial term unless one
party notifies the other of its intent not to renew not less that (90) days prior to the end of the
then-current term; and
WHEREAS, pursuant to Senate Bill 598 the Elections Department is required to convert
the Verity Voting Equipment and Software to an auditable voting system; and
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WHEREAS, the Elections Department deems it necessary to purchase the Verity Voting
Equipment Conversion Hardware, Software and Implementation Support Services to comply
with Senate Bill 598; and
WHEREAS, Chapter 271 of the Texas Local Government Code allows a city, by
resolution of its governing body, to participate in cooperative purchasing programs, such as
BuyBoard Cooperative Purchasing Program ("BuyBoard") as an alternative to formal bid
process; and
WHEREAS, per Resolution No. 02-341, the City of Port Arthur entered into an
Interlocal agreement for cooperative purchasing with Buyboard Cooperative Purchasing
Program; and
WHEREAS, funds for this purchase are available in account numbers 001-03-011-
5318-00-10-000- AND 001-03-011-5470-00-10-000-; and
WHEREAS, the Port Arthur City Council approved the Fiscal Year 2021- 2022 Budget
that included to cost of the voting equipment conversion to an audible voting system; and
WHEREAS, a copy of the quote for the Conversion of the Verity Voting Equipment
Hardware, Software, Implementation Support Services are attached as Exhibit "B".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager is hereby authorized and directed to purchase the
Verity Voting Equipment Hardware, Software and Implementation Support Services from Hart
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Intercivic of Austin, Texas through the Buyboard Cooperative Purchasing Program (Buyboard
Contract No. 622-20), in the amount of $251,120.00 as delineated in Exhibit "B".
Section 3. That a copy of the caption of this resolution shall be spread upon the
Minutes of the City Council.
READ, ADOPTED, AND APPROVED, this day of , 2022, A.D., at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: Mayor:
Councilmembers:
NOES:
Mayor Thurman Bill Bartle
ATTEST:
Sherri Bellard, City Secretary
AP OVED AS TO FORM:
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Valecia R. izeno, City Attorney 0
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
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APPROVED AS TO AVAILABILITY OF FUNDS:
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Kandy Daniel, Findnce Director
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Clifton Wil lams, Purchasing Director
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EXHIBIT "A"
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S.B. No. 598
AN ACT
relating to auditable voting systems .
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS :
SECTION 1 . Chapter 127, Election Code, is amended by adding
Subchapter I to read as follows :
SUBCHAPTER I . RISK-LIMITING AUDIT
Sec. 127 . 301 . APPLICABILITY OF SUBCHAPTER. This subchapter
applies to an election:
(1) that occurs after August 31, 2026;
(2) that contains a race or measure that is voted on
statewide; and
(3) in which an auditable voting system described by
Section 129 . 003 (a) is used.
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S. B. No. 598
Sec. 127 . 302 . RISK-LIMITING AUDIT. (a) Not later than 24
hours after all ballots have been counted in an election, the
general custodian of election records shall conduct a risk-
limiting audit for a selected statewide race or measure.
(b) The secretary of state shall select, in accordance with
rules adopted by the secretary, the precincts to be counted and
the office or proposition to be counted.
(c) The general custodian of election records shall complete
the audit not later than 24 hours before the time for conducting
the canvass of the election.
(d) The general custodian of election records shall post a
notice of the date, hour, and place of the audit in the custodian' s
office and on the county' s Internet website, if the county
maintains a website.
(e) A watcher may be present for the audit if appointed by
a candidate in the election. A watcher must deliver a certificate
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S.B. No. 598
of appointment to the general custodian of election records at the
time the watcher reports for service. The certificate must be in
writing and must include:
(1) the printed name and signature of the watcher;
(2) the election subject to the audit; and
(3) the printed name and signature of the candidate
making the appointment.
(f) The secretary of state may appoint personnel to assist
with the audit, including applicable voting system technicians or
representatives and persons who have assisted with the design and
implementation of the audit .
Sec. 127 . 303 . RULES. (a) The secretary of state shall adopt
rules prescribing procedures necessary to implement this
subchapter.
(b) Rules adopted under this subchapter must include a rule,
using widely accepted statistical methods, that provides for the
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S.B. No. 598
number or percentage of paper records that must be counted in a
risk-limiting audit under Section 127 . 302 .
Sec. 127 . 304 . PUBLICATION OF RESULTS. The results of a
risk-limiting audit conducted under this subchapter must be
published on the Internet website of the secretary of state not
later than three days after the completion of the audit .
Sec. 127 . 305. PILOT PROGRAM. (a) Notwithstanding Section
127 . 301 (1) , the secretary of state shall conduct a pilot program,
beginning with the election taking place November 8, 2022, of the
risk-limiting audit program created under this subchapter.
(b) The secretary of state shall select at least five
counties to participate in the pilot program. At least one county
participating in the pilot program must have a population of at
least 500, 000 .
(c) After each election conducted under the pilot program,
the secretary of state shall send a detailed report to each member
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S . B. No. 598
of the legislature evaluating the success of the program and making
a recommendation as to whether the legislature should act to delay
the statewide implementation of the program.
(d) The secretary of state shall adopt rules as necessary to
implement this section.
(e) This section expires August 31, 2026 .
Sec. 127 . 306. WAIVER NOT PERMITTED. The secretary of state
may not waive any requirements of this subchapter.
SECTION 2 . Subchapter A, Chapter 129, Election Code, is
amended by adding Section 129. 003 to read as follows:
Sec. 129. 003 . PAPER AUDIT TRAIL REQUIRED. (a) In this
section, "auditable voting system" means a voting system that :
(1) uses, creates, or displays a paper record that may
be read by the voter; and
(2) is not capable of being connected to the Internet
or any other computer network or electronic device.
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S . B. No. 598
(b) Except as otherwise provided by this section, a voting
system that consists of direct recording electronic voting
machines may not be used in an election unless the system is an
auditable voting system.
(c) The electronic vote is the official record of the vote
cast if a risk-limiting audit conducted under Section 127 . 302
produces strong evidence that the reported outcome of the election
matches the results that a full counting of the paper records would
reveal.
(d) The paper record is the official record of the vote cast :
(1) for a recount under Title 13, including a recount
of ballots cast on a system involving direct recording electronic
voting machines;
(2) for an election contest under Title 14; or
(3) if a risk-limiting audit conducted under Section
127 . 302 fails to produce strong evidence that the reported outcome
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S.B. No. 598
of the election matches the results that a full counting of the
paper records would reveal .
(e) An authority that purchased a voting system other than
an auditable voting system after September 1, 2014, and before
September 1, 2021, may use available federal funding and, if
federal funding is not available, available state funding to
convert the purchased voting system into an auditable voting system
in accordance with the following schedule:
(1) if the voting system was converted into an
auditable voting system not later than the election taking place
November 8, 2022, the authority is eligible to have 100 percent of
the cost of conversion reimbursed under this section; and
(2) if the authority is not eligible for a 100 percent
reimbursement of cost under Subdivision (1) and the voting system
was converted into an auditable voting system not later than the
election taking place November 3, 2026, the authority is eligible
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S.B. No. 598
to have 50 percent of the cost of conversion reimbursed under this
section.
(f) The secretary of state may use any available funds to
assist an authority with the purchase of an auditable voting system
if the funds have been appropriated for that purpose.
(g) Subsections (b) , (c) , and (d) do not apply to an election
held before September 1, 2026.
(h) A paper record generated by an auditable voting system
may be used only for the purposes described by this section and
may not be retained by the voter.
(i) Notwithstanding Subsection (b) , a voter voting under
Section 64 . 009 may use a direct recording electronic voting machine
regardless of whether the direct recording electronic voting
machine is part of an auditable voting system.
(j ) The secretary of state may not waive any requirements of
this section.
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S. B. No. 598
SECTION 3. Section 129. 054, Election Code, is amended to
read as follows :
Sec. 129. 054 . NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY.
(a) A voting system may not be connected to any external
communications network, including the Internet . Beginning
September 1, 2026, a voting system may not be capable of being
connected to any external or internal communications network,
including the Internet.
(b) A voting system may not have the capability of permitting
wireless communication unless the system uses line-of-sight
infrared technology that shields the transmitter and receiver from
external infrared transmissions and the system can only accept
transmissions generated by the system. Beginning September 1,
2026, a voting system may not have the capability of permitting
wireless communication.
(c) The secretary of state may not waive any requirements of
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S. B. No. 598
this section.
SECTION 4 . The secretary of state is required to implement
a provision of this Act only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the secretary of
state may, but is not required to, implement a provision of this
Act using other appropriations that are available for that purpose.
SECTION 5 . This Act takes effect September 1, 2021 .
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EXHIBIT "B"
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HARTQuote Number 00008967
in �' r C ! t' l Account Name Port Arthur.TX
Grand Total $251,120.00
Item Description Unit Price Quantity Total Price
Verity Controller Conversion Service to convert Verity Controller to be compatible with Verity Duo $1.240.00 17 $21.080.00
Verity Touch to Duo Conversion Service to convert Verity Touch to Verity Duo $2,435.00 32 $77,920.00
Verity Touch w/Access to Duo Service to convert Verity Touch w/Access to Verity Duo;includes $2,500.00 16 $40,000.00
Conversion conversion of ATI and booth
Verity Scan Digital ballot scanner $6,100.00 17 11$103,700.00
Verity Ballot Box Ballot box w/transport bag and privacy screens for use with Verity Scan 17
Verity Ballot Box Lock Kit Secondary lock kit for Verity Ballot Box $23.00 17 $391.00
Windows 10 Upgrade-Verity
Workstation $275.00 1 $275.00
License and Support Annual license and support fee;will be prorated to align with contract 1$2,904.00 1 $2,904.00
Subtotal $246,270.00
Shipping and Handling(Estimated) $4,850.00
Grand Total $251,120.00
Bill To P.O.Box 1089 Ship To 444 4th St.
Port Arthur,TX 77641 Port Arthur,TX 77640
Customer Contact
Contact Name Sherri Bellard Email sherri.bellard@portarthurtx.gov
Phone (409)983-8115
General Information
Expiration Date 7/4/2022 Instructions Please fax with signature to(512)252-6923 or
Payment Terms Net 30 scan and email to tcervantes@hartic.com to
order.
Terms and Conditions
The products above are listed on Harts BuyBoard Contract#622-20.Discount is only valid if purchase is executed via the
BuyBoard Purchasing Cooperative.
Subsequent License and Support will be billed annually per contract terms.
Pricing subject to inventory availability at time of quote execution and acceptance.
Taxes will be calculated in conjunction with the Customer based on the final approved price list.
Online training for Duo system is provided at no additional charge.
Hart Approval
Prepared By Tony Cervantes Title Account Manager
Signature
Confidential-Not for Redistribution
HA R T Quote Number 00008967
i R t 8 r C l V i C Account Name Port Arthur,TX
Grand Total $251,120.00
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Customer Approval
Name: Title:
Customer Approval: Date:
Confidential-Not for Redistribution