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2022-061 – Authorizing a Contract Between The City of Paris and The Lamar County Elections Administrator to Assist, Coordinate, Supervise the Special Charter Election for November 8, 2022 RESOLUTION NO. 2022-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING A CONTRACT BETWEEN THE CITY OF PARIS AND THE LAMAR COUNTY ELECTIONS ADMINISTRATOR TO ASSIST, COORDINATE, SUPERVISE, AND HANDLE CERTAIN ASPECTS OF ADMINISTERING THE SPECIAL CHARTER ELECTION FOR NOVEMBER 8, 2022, FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIOIVS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, in September 2008, Lamar County created a County Elections Administrator to run elections for the County and any other local governmental entities requiring election administration services; and, WHEREAS, the City of Paris determined that contracting with the County Elections Administrator would allow for combined polling places and shared expenses of holding the May 5, 2018 General Election; and, WHEREAS, the City Clerk of the City of Paris recommends that the City renew its contract with the County Elections Administrator to assist, coordinate, supervise and handle certain aspects of administering the General Election for IVovember 8, 2022 for the City of Paris; and, WHEREAS, the form of the Contract for such services attached hereto as Exhibit A should in all things be approved, and the City Manager should be authorized to execute the same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the Contract for Elections Services with the Lamar County Elections Administrator is hereby approved conditioned upon said County Elections Administrator meeting all of the terms and conditions included in the agreement attached hereto as Exhibit A. Section 3. That the City Manager of the City of Paris be, and he is hereby authorized and directed to execute on behalf of the City of Paris a Contract with the Lamar County Elections Administrator to assist, coordinate, supervise and handle certain aspects of administering the General Election for November 8, 2022 for the City of Paris substantially in accordance with the Agreement attached hereto as Exhibit A. Section 4. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 8th day of August, 2022. ```��1111i9�U)![i�i: �,.��,�EClTYO'r,,, Paula Portugal, Mayor :����,`� �'�A�': ATTEST: =�� �9�` =Q: ;v,p. =w: - ❑cn: � �'�' , ��, reeapae�ve�.• anice Ellis, City Cler APP OVED AS TO FORM: Steph nie H. Harris, City Attorney ' THE STATE OF TEXAS § § COUNTY OF LAMAR § CONTRACT FOR ELECTION SERVICES BETWEEN THE LAMAR COUNTY ELECTIONS ADMINISTATOR'S OFFICE AND THE CITY OF PARIS. THIS CONTRACT made by and between Lamar County, Texas, acting by and through Tricia Johnson, Lamar County Elections Administrator, hereinafter referred to as "The Elections Administrator" and THE CITY OF PARIS, a governmental entity organized under the laws of the State of Texas, hereinafter referred to as the "Entity" and by the authority of Section 31.092(a) of the Texas Election Code for the conduct and supervision of the Entity's November 8, 2022 city-wide Special Election. RECITALS The Entity is holding a special election on November 8, 2022, for the purpose of considering amendments to the City Charter. The election precincts of the Entity, which lie within the jurisdictional limits of Lamar County (the "County"), have been established and may be re-established by the Entity as its election precincts pursuant to Section 42.061 of the Texas Election Code. The County owns a direct recording electronic voting system which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and the Entity desires to use the County's electronic voting system in its election and to compensate the County for such use. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The Lamar County Elections Administrator shall assist, coordinate, supervise, and handle all aspects of administering the elections as provided in this Contract in a manner consistent with all relevant laws, codes, rules and regulations, including, without limitations, those functions set forth in Exhibit Al. The Entity agrees to pay Lamar County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this Contract. The Lamar County Elections Administrator shall serve as the administrator far the election; however, the Entity shall remain responsible for the lawful conduct of its election including, without ' limitation, those functions reserved to the Entity and set forth in Exhibit A2 and any functions which cannot be lawfully delegated to the Lamar County Elections Administrator. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of the Entity; however it shall be the responsibility of the 1 EXH1�1T � Entity to obtain whatever legal opinions it deems necessary, from the Entity's chosen legal counsel and at the Entity's sole cost and expense. The Lamar County Elections Administrator will not provide legal advice to the Entity. IL LEGAL DOCUMENTS The Entity shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code, including the language of the official ballot. The Entity shall provide a copy of its election order and notice to the Lamar County Elections Administrator not later than sixty (60) days before the election, as provided for by Section 4.008 of the Texas Election Code. The Elections Administrator shall be responsible for making the submission, if any is required or desired, to the United States Department of Justice, pursuant to the Voting Rights Act of 1965, as amended. III. VOTING LOCATIONS It is agreed that Election Day voting shall be held at the locations shown in the Election Order and Notice duly adopted by the Entity. In the event that any of these voting locations are not available, the Elections Administrator will arrange for use of an alternate location with the approval of the Entity and at the Entity's expense, together with DOJ approval. This Contract shall be deemed an agreement for a joint election with other governmental units in Lamar County holding an election on the same day in all or part of the same territary and whose governing bodies have authorized said joint election by order, resolution or other official action, together with DOJ approval. IV. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL Lamar County shall be responsible for the initial selection of the presiding election judges, alternate election judges and election clerks for the Entity's election. The Elections Administrator shall provide to the Entity a list of presiding judges, alternate judges and clerks for its election who shall be appointed by the Entity as required by law. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to ensure that all election judges appointed for the Entity's election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter (not later than the 15th day before election day, as required by Section 4.007 of the Texas Election Code) by the Elections Administrator notifying him of his 2 appointment, the time and location of distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each Presiding Election Judge and Election Clerk will receive $12.00 per hour for a maximum of 14 hours. The Presiding Election Judge or Election Clerk will receive an additional $25.00 as flat-rate compensation far delivering election returns and supplies to the Lamar County Elections Administrator's Office after the polls close. It is agreed by the Entity that at all times and for all purposes hereunder, all election judges, clerks, and all other employees involved in this election are independent Contractors and are not employees or agents of Lamar County or the Entity. No statement contained in this Contract shall be construed so as to find any judge, clerk, or any other election personnel an employee or agent of the County or the Entity, and all election personnel shall be entitled to none of the rights, privileges, or benefits of County employees or Entity employees except as otherwise may be stated herein, nor shall any election personnel hold himself out as an employee or agent of the County or the Entity, unless considered a County or Entity employee as determined by the policies of Lamar County or the Entity. V. SUPPLIES AND PRINTING The Elections Administrator shall arrange for the use of the direct recording electronic voting machines and supporting supplies and equipment and all other election supplies and related printing including, but not limited to, official ballots, sample ballots, ballot boxes, voter registration lists, and all forms, signs, maps and other materials used by the election workers at the Early Voting and Election Day voting locations. The Entity shall furnish to the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the names or proposition(s) are to appear on the official ballot. This list shall be delivered to the Elections Administrator as soon as possible after the Entity has determined ballot positions. The Entity shall be responsible for proofreading and approving the official ballot before printing as well as approving the ballot screen prompts and audio recordings for the Direct Recording Electronic voting devices. VI. EARLY VOTING The Entity agrees that the Election Administrator shall serve as the Early Voting Clerk in accordance with Section 31.097 of the Texas Election Code and agrees to designate the Office of the Elections Administrator as the main Early Voting polling location. The Entity also agrees that the Elections Administrator's permanent county employees, during regular office hours, shall serve as deputy early voting clerks, without additional compensation; and that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary. It is agreed that Early Voting by personal appearance will be held at the locations, times and days as determined by the Election Administratar. In the event that any of these voting locations are not available, the Elections Administrator will arrange for use of an alternate 3 location with the approval of the Entity and at the Entity's expense. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the Entity shall be forwarded immediately to the Elections Administrator for processing. Persons voting by mail will send their marked ballots to the Elections Administrator's Office. The Elections Administrator will be responsible for payment to all parties who have provided services, supplies and voting locations for the election. A contracting Entity shall not be liable to any third party by default of the Elections Administrator's Office in connection with holding the election, including failure by Lamar County or its Elections Administrator's Office to pay for services, supplies and voting locations for this election. Dates for early voting will be Monday, October 24, 2022 through Friday, November 4, 2022, from 8:00 a.m. to 5:00 p.m. with no weekend voting. VII. EARLY VOTING BALLOT BOARD An Early Voting Ballot Board shall be created to process early voting results from the Entity's election. The Elections Administrator shall appoint the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the Early Voting Ballot Board members to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this Contract. The Entity hereby appoints the following central counting station officials in accordance with Sections 127.002 and 127.005 of the Texas Election Code: Counting Station Manager: Tricia Johnson, Elections Administrator Tabulation Supervisor: Tricia Johnson, Elections Administrator Presiding Judge: Tricia Johnson, Elections Administrator The Elections Administrator or his representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated. The Election Administrator shall be responsible for providing cumulative totals and precinct returns from the election to the Entity, prior to releasing the information to the candidates, press, or ' general public, by distribution of hard copies at the Central Counting Station or electronic transmittals by facsimile (when so requested.) 4 IX. ELECTION RESULTS The Elections Administrator will prepare the unofficial canvass reports after all ballots have been counted and will deliver a copy of the unofficial canvass to the Entity as soon as possible after all returns have been tabulated, but in no event later than 5:00 p.m. of the seventh day following the election date. The Entity shall be responsible for the official canvass of its election. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to the Entity and the Secretary of State's Office. X. ELECTION EXPENSE AND ALLOCATION OF COSTS The Entity agrees to reimburse Lamar County for the actual costs of administering its elections including, but not limited to, the actual costs of supplies, printing, programming, personnel, and polling place rental fees. The Entity agees to reimburse Lamar County for overtime wages and benefits paid to the permanent employees of The Elections Administrator for Contractual duties performed outside the normal business hours of Lamar County in accordance with Section 31.100(e) of the Texas Election Code. The Entity further agrees to pay Lamar County an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The fee may not be less than $75.00. XI. TERMINATION The Elections Administrator's Office and each contracting Entity each have the right to terminate this agreement at any time upon written notice to the other party with payment of all outstanding bills for election services incurred prior to the date of the notice. In no case will a contract be terminated less than forty-five (45) days prior to an election or after receipt of the below mentioned partial payment as discussed in paragaph XVII. XIL WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION The Entity may withdraw from this Contract should it cancel its election in accardance with Sections 2.051 - 2.053 of the Texas Election Code. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the election as authorized by Section 31.096 of the Texas Election Code. Access to the election records shall be available to the Entity as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public 5 Information Act. The election recards shall be stored at the offices of the Elections Administrator, who shall ensure that the records are maintained in an arderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of the Entity to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be t"iled with the Entity. The Elections Administrator shall notify the Entity of the planned destruction of any records of the election prior to the record's destruction. XIV. SPECIAL ELECTIONS The Entity understands and agrees that the cost estimates provided within this contract are for the Entity's general election and that any additional special election(s) called may increase the cost of the election. XV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. The Entity agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the official of the Entity performing the duties of a secretary under the Texas Election Code, or its lawful designee, shall serve as Recount Coordinator. The Elections Administratar agrees to provide advisory services to the Entity as necessary to conduct a proper recount. XVI. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The Elections Administrator will assist the Entity in securing adequate polling places, , rent free if available; however, it is the responsibility of the Entity to ensure that the polling places comply with current accessibility standards as set forth in the Americans With Disabilities Act and any state or local laws or ordinances. Accessibility compliance shall be at the Entity's expense. In the event that compliance cannot be achieved, the Entity agrees to indemnify the Elections Administrator and Lamar County, Texas from any resulting liability, whether civil or criminal. XVIL MISCELLANEOUS PROVISIONS A. It is understood that to the extent space is available, that other political subdivisions may wish to participate in the use of the Counry's election equipment, and it is agreed that the Elections Administrator may contract with such other political subdivisions for such purposes and that in such event there may be an adjustment of 6 the pro-rata share to be paid to the County by the participating authorities. B. The Elections Administrator shall file copies of this document with the Lamar County Treasurer and the Lamar County Auditor in accordance with Section 31.099 of the Texas Elections Code. � C. In the event that legal action is filed challenging the Entity's election, each party hereto shall defend its own actions, officials and employees. Provided, however, if it is determined that the legal action brought against Lamar County or the Lamar County Elections Administrator or any additional election personnel, is based solely on the negligent acts or the wrongful intentional actions of the entity, then the Entity shall provide, at its own expense, legal representation for the County, the Elections Administrator, and additional election personnel as necessary save and except in any instance whereby an unlawful or otherwise improper act or omission of the County, the Election Administrator or another Entity participating in the election has precipitated such legal action. D. The County and the Entity agree that under the Constitution and laws of the State of Texas, neither the County nor the Entity can enter into an agreement whereby either party agees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted. E. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Lamar County, Texas. F. In the event one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal, ar unenforceable provision had never been contained herein. G. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. H. The waiver by any party of a breach of any provision of this Contract shall not operate as or be construed as a waiver of any subsequent breach. L Any amendment of this Contract shall be of no effect unless in writing and signed by all parties hereto. XVIIL COST ESTIMATES AND DEPOSIT OF FUNDS The estimated cost far such services will be computed by the Elections Administrator and 7 delivered to each contracting Entity within sixty(60) days prior to the election. Each contracting Entity shall pay the Elections Administrator twenty-five (25) percent of the total cost within ten (10) days after ordering the election, and no later than forty-five (45) days prior to the election, as partial payment for contract election services. After the date of the election and completion of all duties required by the Elections Administrator, the Elections Administrator shall then compute the final statement for all services rendered, together with administrative fees, less any partial payments and bill each contracting Entity, as applicable, such sum. Each contracting Entity shall be responsible for paying this amount within thirty(30) days from the date of billing. It is understood by the Entity that the actual expenses for this election may exceed the estimate. It is further understood by the Entity that this estimate is based on the participation of other Entities in this election. If one or more of these other Entities chooses not to participate, or if they cancel their election as allowed by law, their share of the total election expenses will be distributed among the other participating Entities. In the event that the Entity disputes any portion of the charges, fees or costs payable under this Contract, the Entity agrees to promptly pay the undisputed amounts when due. XIX. MODIFICATION OF ESTIMATED COSTS FOR ELECTION The Estimated Costs of Election set forth in the attached Exhibit A3 may be modified once a year, upon ageement of both the Elections Office and each contracting Entity. Signatures of the Elections Office Administrator and the Entity Official on the modified costs shall evidence such modification. XX. Each contracting Entity agrees to jointly hold an election, if necessary, with another contracting Entity such as City, School, Hospital, etc. XXI. Each person signing below acknowledges their signature as acting on behalf of the Entity they represent. XXIL If a contracting Entity certifies their election in accordance with §2.051, 2.052, and 2.053 of the Texas Election Code, they may withdraw from this contract by informing the Elections Office in writing. IN WITNESS WHEREOF, the parties hereto have made and entered into this Ageement this day of , 2022. COUNTY OF LAMAR Tricia Johnson, Lamar County Elections Administratar CITY OF PARIS Grayson Path, City Manager City of Paris,Texas 8 EXHIBIT A1 Functions Delegated to the Lamar County Elections Administrator 1. Arrange for the notification, including writs of Election, training, and compensation for all presiding judges, alternate judges and clerks. 2. Provide training of all election workers and personnel. 3. Provide training materials for each election worker. 4. The Elections Administrator will be responsible for notifying each election judge and alternate judge of his or her appointment and for determining the number of clerks or other election workers authorized to work at each voting location. 5. Arrange for the use and compensation of polling locations. 6. Pay cost of election judges and clerks: Each election judge and clerk will receive $12.00 per hour (for a maximum of 14 hours). The election judge or his designated clerk will receive an additional $25.00 for delivering election returns and supplies to the Elections Administrator's Office after the polls close (See attached Estimated Costs for Election). 7. Procure, prepare, proof and distribute ballots. (See attached Estimated Costs for Election). 8. Procure, prepare and distribute election judge kits. (See attached Estimated Costs for Election). 9. Prepare the list of registered voters to be used in conducting the election at no cost. 10. Conduct the testing of the electronic tabulation equipment. 11. Supervise the handling and disposition of election returns, voted ballots, and tabulate unofficial returns and assist in preparing the tabulation for the official canvass. 12. Provide at no cost for the storage of election records as provided by law. 13. Provide at no cost, copies of all invoices received by the Elections Administrator's Office for payment of services or supplies of which each contracting Jurisdiction, as applicable, is to reimburse the Elections Office for payment. 14. Supervise the conduct of early voting in person and by mail and supply personnel to serve as deputy early voting clerks. (See attached Estimated Costs for Elections). 15. All requests for early voting ballots by mail that are received by each contracting Jurisdiction will be transported by the Jurisdiction on the day of receipt to the Elections Office for processing. Persons voting by mail will send their marked ballots to the Elections Office. (See attached Estimated Costs for Election). 16. An Early Voting Ballot Board appointed by the Elections Office will prepare all early voting ballots (those cast by mail and those cast by personal appearance) for count. (See attached Estimated Costs for Elections). 17. Hire and train early voting ballot board central count personnel. 18. The Elections Office will be responsible for payment to all parties who have provided services, supplies and voting locations for the election. A contracting Jurisdiction shall not be liable to any third parties by default of the Elections Office in connection with holding the election, including failure by Lamar County or its Elections Office to pay for services, supplies and voting locations for this election. The Elections Administrator's Office will set the dates for Monday, October 24, 2022 through Friday, November 4, 2022, from 8:00 a.m. to 5:00 p.m. with no weekend voting. 9 19. The Elections Office will be responsible for delivering and picking up voting equipment. 20. The Elections Office will be responsible for the handling of mail in ballots. 21. The Elections Office will be responsible for tabulating votes. 22. The Elections Office will be responsible for programming ballots. 23. The Elections Office will be responsible for providing phone bank workers (early voting and Election Day). 24. The Elections Office will be responsible for programming and predefining early voting and Election Day equipment. 25. The Elections Office will be responsible for Logic and Accuracy Testing. 26. The Elections Office will be responsible for Public Testing. 27. The Elections Office will be responsible for compiling and mailing writs and orders of the election to the Presiding Judge and Alternate Judge of each precinct. 28. The Elections Administrator will prepare the unofficial tabulation report after all precincts have been counted, and will provide a report to each Jurisdiction as soon as possible after all returns have been tabulated either by e-mail or by phone, as agreed by each Jurisdiction. Each Jurisdiction will be responsible for the official canvass of its Elections. (See attached Estimated Costs for Election). 29. Will provide an ADA compliant facility. 10 EXHIBIT A2 Functions Reserved to the Entity. 1. Will provide Measures for ballot. 2. Will provide order of Candidates and/or Measures. 3. Will provide an ADA compliant facility. 4. Will publish all legal notices and documents that are required by law. 5. Preparation of election orders, resolutions, notices and other pertinent documents for adoption or execution by the appropriate office or body. 6. Posting or publication of election notices. 7. Deliver to the Elections Office as soon as possible, but no later than three (3) days after closing of candidate filing deadline, the official wording for the election that is to be printed on the ballot with the exact form, candidate order, wording and spelling that is to be used. 8. Pay any additional costs incurred by the Elections Office if a recount for the election is required, or the election is contested in any manner by a contracting Jurisdiction as applicable. 9. Provide to the Elections Office a copy of the election notices and orders and any Department of Justice submissions. 10. Provide to the Secretary of State a precinct-by-precinct report of the election returns in an electronic format. 11 EXHIBIT A3 CITY OF PARIS-2022 SPECIAL ELECTION CONTRACT SERVICES ESTIMATE DESCRIPTION AMOUNT NOTES BALLOT PRINTING $2,512.90 7,035 BALLOTS PROGRAMMING $1,825.10 PUBLICATIONS $100.00 MACHINE TESTING PUBLICATION ELECTION KITS $165.00 1 EV KIT, 2ED KITS RENTAL OF COUNTY EQUIPMENT $2,000.00 EARLY VOTING: $200/DAY ELECTION DAY: $200/LOCATION EARLY VOTING CLERKS $1,680.00 2 CLERKS X$12.00/HR X 70 HOURS ELECTION DAY JUDGE & CLERKS $1,680.00 2 JUDGES, 8 CLERKS X$12.00/HR X 14 HOURS FEE FOR DELIVERY OF SUPPLIES $50.00 2 JUDGES X$25.00 CENTRAL COUNTING STATION $384.00 2 CLERKS X$12.00/HR X 16 HOURS EARLY VOTING BALLOT BOARD $108.00 1 JUDGE, 2 CLERKS X$12.00/HR X 3 HOURS LATE& PROVISIONAL BALLOT $36.00 1 JUDGE, 2 CLERKS X$12.00/HR BOARD X 1 HOUR MISC ' CONTRACTADMIN FEE (10%) $1,054.00 TOTAL $11,594.00 12