ESS+Contract+Amendment+5.pdf

FIFTH AMENDMENT TO AGREEMENT

This Fifth Amendment ("Amendment") shall be deemed a material part of that certain Technology Contract: Voting Tabulation System Replacement Contract by and between the state of North Dakota, acting through Its Office of Management and Budget, State Procurement Office and its Secretary of State, Elections Units ("State") and Election Systems & Software, LLC, a Delaware limited liability company ("Contractor") dated June 28, 2019 ("Original Contract") as amended by that certain First Amendment to Agreement dated September 26, 2019 ("First Amendment") and that certain Second Amendment dated October 25, 2019 ("Second Amendment"), that certain Third Amendment dated November 1, 2019 and that certain Fourth Amendment to Agreement dated March 31, 2020 ("Fourth Amendment"). The Original Contract, First Amendment, Second Amendment, Third Amendment and Fourth Amendment are collectively referred to herein as the Contract. The terms of this Amendment shall modify and supersede any and all inconsistent terms of the Contract. Capitalized terms not otherwise defined herein shall have the same meanings ascribed to them in the Contract.

RECITALS

WHEREAS, Contractor and State entered into the Contract under which Contractor will be providing equipment, licensing software and performing certain services for State;

WHEREAS, both Contractor and State wish to amend the Contract with respect to the EVS 6.1.0.0 upgrade to be provided to the State as well as to add Ballot Layout, Coding, Voice Files and Ballot Printing pricing.

WHEREAS, the Contract is a valid and subsisting agreement between Contractor and State and both parties shall continue to be bound by the terms and conditions of the Contract not otherwise amended herein.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

1.

2.

locorporatjon of Recjtais. The foregoing recitals are hereby specifically incorporated into, and deemed a material part of, this Amendment.

Scope of Work. Section 30, Subsection c. is hereby deleted in its entirety and replaced in its entirety with the following:

c. EVS 6.0.4.0 to 6.1.0.0. or Later Version Upgrade

The STATE will administer the June 2020 open primary and November 2020 General Election using EVS 6.0.4.0. Following the certification of official results for the November 2020 General Election, the completion and certification of any potential recounts, and state certification of EVS 6.1.0.0. or such later version, the CONTRACTOR shall upgrade all equipment to EVS 6.1.0.0. or such later version at no cost to the STATE. This includes the upgrade of third party hardware operating systems, which shall be performed by CONTRACTOR in one upgrade event at a central locations in Bismarck, ND, and upgrade of the voting equipment firmware to be done at each individual county location necessary to use EVS 6.1.0.0. or such later version The upgrade to EVS 6.1.0.0. or such later version shall be completed on a date and time to be mutually agreed upon by the parties after the STA TE's November 2020 General Election.

3. Ballot Layout, Coding. Voice files and Ballot Printjng Seryjces. Exhibit B to the Agreement is hereby amended by adding Ballot Layout, Coding, Voice Files and Ballot Printing services and pricing attached hereto and fully incorporated herein by this reference.

4. Continuing Validity of Contract. Except as specifically set forth in this Amendment, all remaining terms and conditions of the Contract shall remain in full force and effect.

EXECUTED as of the __ day of _______ , 2020.

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7th July

BALLOT LAYOUT, CODING, AND VOICE FILE SERVICES

Non- Discounted Fees Discounted (See Note 1

Descriotion Fees Below)

Paper Ballot Layout (Price per Ballot Face)

English and Spanish (combined):

1 to 500 Faces $36.75 $27.55

501 or more Faces $31.50 $23.65

Languages other than English/Spanish

1 to 500 Faces, per Language $73.50 $55.15

501 or more Faces, per Language $63.00 $47.25

Base Charge for Ballot On Demand (BOD) $561.91 $421.45

Electronic Screen Layout - ExpressVote C

English and Spanish (combined):

Per Ballot Style, or precinct, whichever is greater $23.10 $17.35

Languages other than English/Spanish

Per Ballot Style, or precinct, whichever is greater $42.00 $31.50

Notes:

• Electronic Screen Layout does NOT apply to ExpressVote customers when ES& S performs paper ballot layout and voice file services.

Programming Services

Base Charge per Equipment Type $525.00 $393.75

Base Charge for ERM file set-up $525.00 $393.75

Ballot types created (open primary or multiple-page ballots) $78.75 $59.05

Precincts (for every precinct in the election) $9.45 $7.10

Splits (for every additional ballot style within a precinct.) $9.45 $7.10

Ballot Face Configurations (every unique ballot face in the election) $16.80 $12.60

Contest / Issue Entries (total number of contests, referenda, questions, $18.50 $13.90 and/or propositions in the election)

Candidate I Response Entries (total number of candidates &/or $8.00 $6.00 responses, including referenda and all write-ins for each contest/issue)

Headers (Central Tabulators) $2.10 $1.60

$525.00 + $393.75 + applicable fee applicable fee for

Re-Coding Fees for each changed each changed element element

Voice Files per Equipment Type

Language Setup Charge - English $350.00 $262.50

Language Setup Charge - Spanish $350.00 $262.50

Language Setup Charge - All Other languages $525.00 $393.75

Political Parties $5.25 $3.95

Ballot Faces $15.75 $11.80

Contests/ Issues $17.00 $12.75

Candidates/ Yes-No Responses $10.25 $7.70

Propositions/ Amendments/ Instructions $21.00 $15.75

Non- Discounted Fees Discounted (See Note 1

Description Fees Below)

Price per word in excess of 1200 total words $0.40 $0.30

(Instructions/ Propositions/ Amendments)

$350.00 for English & $262.50 for

Spanish and English & Spanish $525.00 (for and $393.75 (for each additional each additional Resubmission language), plus language), plus the applicable the applicable fee fee for each for each element element changed for each changed for language each lanauaae

Other Services (Standard Overnight Delivery Charges Will Apply and Will Be Billed Seoaratelv) Media burn (Flash / PCMCIA Cards, Mem Packs, PEBs, and Jump

$12.50 $12.50 Drives)

Electronic transfer files (per county, per election) $125.00 $125.00

SOS Media $75.00 $75.00

.pdf File Extraction (per Style) $1.50 $1.50

Sample Ballot Creation $40.00 $40.00

Publication Ballot Creation (Ballot Layout As Is) $185.00 $185.00

Custom Publication Ballot Creation $350.00 $350.00

ESSIM Test Deck Creation (does not include print costs) $325.00 $325.00

Auto Test Deck PDF Creation ($20.00 per Style. Minimum Charge of $200.00 $200.00

$200.00)

Ballot Assignment Chart $399.50 $399.50

Download Results From Media $65.00 $65.00

ERM State Utility File $425.00 $425.00

Note 1: The discounted fees are only available to those counties who also engage ES&S for ballot printing services during the Term of the Agreement.

Note 2: All prices are exclusive of freight which will be billed separately.

Note 3: All Ballot Layout, Coding and Voice File service fees may be increased by not more than five percent (5.00%) annually by ES&S during the Term of the Agreement.

BALLOT PRINTING SERVICES

Description Price per Ballot

14" and 17" Ballots:

Base ballot charQe $0.25

Backside of ballot $0.03

Stub and I or numberinQ $0.03 FoldinQ $0.02

ScorinQ $0.02 PackaQinQ $0.01 Color requirements - defined as a color bar on the ballot. Other designs or $0.03 methods will be subject to a seoarate quote.

Prices are exclusive of freiQht, which will be billed seoaratelv.

19" ballots are quoted separately.

Ballot Printing Services Notes:

Note 1: Special requests, including watermarking, unique packaging requirements and expedited delivery requirements are not included in the table above, and will be priced separately.

Note 2: The above pricing assumes the use of ES&S partner printers. The use of a Customer requested printer may result in a change in the fees outlined above.

Note 3: Unexpected and material changes in costs such as paper may result in changes to the fees reflected above.

Note 4: Ballots are to be ordered in increments of 25 with a minimum order value of $100.00.

Note 5: Expedite Fee of $150.00 will be assessed to each order that is required to be SHIPPED within Three (3) business days from time of order.

Note 6: All Ballot Printing service fees may be increased by not more than five percent (5.00%) annually by ES&S during the Term of the Agreement.