Agenda 07/11/2017 Item #16J307/11/2017
EXECUTIVE SUMMARY
Recommendation to purchase Election Systems & Software (ES&S) voting systems, software,
hardware and related materials from Election Systems & Software, Inc.
OBJECTIVE: To purchase new voting system software, hardware and related materials directly from
Election Systems & Software, Inc.
CONSIDERATIONS: The purpose of this Executive Summary is to obtain authorization for the Collier
County Supervisor of Elections to purchase voting system software, hardware and related materials
directly from Election Systems & Software, Inc.
In the aftermath of the 2000 General Election, a taskforce was created by the Board of County
Commissioners to replace the de-certified punch card voting system that was in place throughout the State
of Florida. That taskforce chose the ES&S voting system, with an initial investment of over
$4,000,000.00 (equipment and software).
In FY18 the Collier County Supervisor of Elections office is upgrading all the ADA (Americans with
Disabilities Act) voting machines to comply with State law (CS/HB 537), which requires all voting
machines to have a paper trail by the year 2020.
If the Collier County Supervisor of Elections office was to utilize a vendor other than ES&S, Collier
County would have to change voting software, which could potentially cost upwards of $5,000,000.
ES&S is the only vendor that provides the software and hardware that is compatible with our current
voting system, which is proprietary to ES&S.
Pursuant to Section Eight: Exemptions to the Competitive Process, sub-section 9 of the Collier County
Procurement Ordinance 2017-08, the Supervisor of Elections requests that the Board of County
Commissioners (Board) find that it is in the best interest of the county to maintain compatibility with
existing Collier County Supervisor of Elections systems by exclusively purchasing voting system
software, hardware and related materials from Election Systems & Software, Inc., as a single source
vendor (reference Attachments 1 and 2).
FISCAL IMPACT: Funds will be made available in the FY18 Constitutional Officers Capital Fund
(301).
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To approve the purchase of new voting system software, hardware and related
materials directly from Election Systems & Software, Inc.
Prepared By: Jennifer J. Edwards, Supervisor of Elections
ATTACHMENT(S)
1. Exemption 013 - 9 - ESS (PDF)
2. ESS Sole Source Letter (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.J.3
Doc ID: 3467
Item Summary: Recommendation to purchase Election Systems & Software (ES&S) voting
systems, software, hardware and related materials from Election Systems & Software, Inc.
Meeting Date: 07/11/2017
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
07/01/2017 1:46 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
07/01/2017 1:46 PM
Approved By:
Review:
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 07/01/2017 1:48 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/03/2017 9:40 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/03/2017 11:25 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/03/2017 5:08 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
Instructions
The following procurement categories may be eligible for exemption from the competitive process based upon the determination
of the County manager or Designee that approval of such an exemption is in the best interest of the County.
Purchases greater than $50,000 will require final approval by the Board of County Commissioners.
Requester Name: Vendor Name:
Division: Item / Service:
Budget Year: Anticipated Cost per Fiscal Year:
One time purchase: Multiple Purchases: Requested Date Range: _______________________
1. Government Agency/Non-
Profit
2. Registrations/dues/
training
3. Subscriptions/periodicals/
printed materials
4. Advertisements
5. Utility services – subject
to government control
6. Education/academic
programs/trainers, speakers
7. Legal services 8. Purchases required by
grants/gifts
9.Compatibility/proprietary
with current systems
10. Shop estimates on
disassembled equipment
11. Personnel/recruitment
services
2. Works of art for public
display
13. Direct purchases 14. Financial instruments 15. Entertainment services
for County sponsored events
16. Management studies as
directed by County Manager
17. Resolution/BCC direction (Indicate resolution number and approval date):
Description of Purchase: Enter a description of the item(s) items that will be purchased under this exemption.
Purpose: Describe in detail, the purpose of the requested item(s).
Requested by: Signature: Date:
Division Director: Signature: Date:
Procurement Strategist: Signature: Date:
Procurement Director: Signature: Date:
For Procurement Use Only:
One time approval One year approval Multi-Year Approval: Start ____________ End ____________
Exemptions from the Competitive Process
June 27, 2017
Jennifer J. Edwards
Supervisor of Elections
Rev Dr Martin Luther King Jr Building
3750 Enterprise Ave
Naples FL 34104
RE: Election Systems & Software, LLC (“ES&S”) Equipment, Software
and Support Services
Dear Ms. Edwards:
This letter is in response to Collier County, Florida (“County”) request for
information regarding ES&S’ proprietary election equipment, proprietary election
software and election support services. This letter provides the County with
information on ES&S’ proprietary Model DS200® precinct count scanner, ES&S’
proprietary Model DS850®, and ES&S’ proprietary ExpressVote ballot marking
device (the “ES&S Equipment”) as well as ES&S’ proprietary ES&S Equipment
firmware and Electionware® software (collectively the “ES&S Software”).
Please be advised that ES&S owns all patents, copyrights and trademarks
(“Intellectual Property”) associated with the ES&S Equipment. Further, ES&S is the
sole and exclusive developer and manufacturer of the ES&S Equipment and only
ES&S may sell such equipment in the marketplace. In addition, certain component
parts of the ES&S Equipment are proprietary to ES&S and may only be obtained
directly from ES&S. As certain component (maintenance) parts of the ES&S
Equipment may only be obtained directly from ES&S, only ES&S and ES&S’ trained
technicians can ensure that such ES&S proprietary component parts are installed in
the ES&S Equipment. This is important to note as the ES&S Equipment is certified
both at the Federal and State level and require the replacement of the same certified
component parts which were included in the ES&S Equipment at the time such
ES&S Equipment was certified. By purchasing the ES&S Equipment from ES&S as
well as utilizing ES&S for the performance of preventative and repair maintenance
and support services, the County will be assured that all component parts installed in
the ES&S Equipment will be in compliance with both the federal and state certified
equipment configuration.
Jennifer J. Edwards
June 27, 2017
Page: 2
With respect to the ES&S Software, please be advised that ES&S is the sole
and exclusive developer and licensor of the ES&S Software. As such, ES&S owns
all Intellectual Property in its proprietary ES&S Software. Further only ES&S can
provide help desk support services for the ES&S Software as well as provide any
and all upgrades, enhancements, maintenance patches and other changes to the
ES&S Software as may be required by ES&S or its customers. No other vendor in
the marketplace today is authorized to license or provide maintenance and support
services for the ES&S Software.
Please let me know if you have any questions or need any additional
information.
Sincerely,
Timothy J. Hallett
Associate General Counsel
cc: Heather Scott, ES&S