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RESOLUTION AUTHORIZING THE PURCHASE FROM ELECTION SYSTEMS & SOFTWARE, LLC OF A FIRMWARE LICENSE, EXTENDED WARRANTY, AND MAINTENANNCE FOR EXPRESSVOTE XL FOR THE PASSAIC COUNTY SUPERINTENDENT OF ELECTIONS, AND ON-SITE ELECTION SUPPORT SERVICES, PURSUANT TO N.J.S.A. 40A:11-5(l)
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WHEREAS, the County of Passaic (“County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1, the Board of County Commissioners of the County of Passaic (“Board”) is vested with managing the property, finances, and affairs of the County; and
WHEREAS, the Office of the Superintendent of Elections (“Superintendent”) is responsible for the supervision of all elections in the County, the custody and maintenance of voter records, voter registration, and the custody and maintenance of voting machines; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5(1)(l), any contract the amount of which exceeds the bid threshold, may be negotiated and awarded by the Board without public advertising for bids and bidding thereof and shall be awarded by resolution of the Board if it is for goods and services required to conduct an election; and
WHEREAS, the Superintendent is seeking authorization to procure firmware licenses, extended warranty, biennial maintenance, and related parts and support services for ExpressVote XL from Election Systems & Software, LLC for the 2026 calendar year, as well as on-site election support services to be utilized by the Passaic County Clerk’s Office and the Passaic County Board of Elections, in accordance with the attached quotes, for a total amount not to exceed three hundred seventy-nine thousand three hundred sixteen dollars and fifty-six cents ($379,316.56); and
WHEREAS, Election Systems & Software, LLC executed and notarized the County’s Business Entity Disclosure Certification for non-fair and open contracts required pursuant to N.J.S.A. 19:44A-20.8, which is attached hereto and made part of this Resolution; and
WHEREAS, pursuant to N.J.S.A. 52:32-60-1, et seq., Election Systems & Software, LLC executed the Non-Involvement in Prohibited Activities in Russia or Belarus Certification, attached hereto and made part of this Resolution, certifying the vendor is not involved in prohibited activities in Russia and Belarus, and the County confirmed Election Systems & Software, LLC is not identified on the Specially Designated Nationals and Blocked Persons list created by the Office of Foreign Assets Control; and
WHEREAS, funds are available in Account Nos. 6-01-22-141-001-E01 ($314,316.56), 6-01-22-139-001-E01 ($40,000.00), and 6-01-20-107-002-E01 ($25,000.00), or any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of the funds has been contingently certified by the Chief Financial Officer subject to sufficient funds being appropriated by the Board in the 2026 and/or subsequent County budget(s), which is attached hereto and made part of this Resolution; and
WHEREAS, this matter was discussed at the March 25, 2026, Administration & Finance Committee meeting, and is being recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-5(1)(l), the Board of County Commissioners of the County of Passaic authorizes the purchase of firmware licenses, extended warranty, biennial maintenance, and related parts and support services for ExpressVote XL from Election Systems & Software, LLC for the 2026 calendar year, as well as on-site election support services to be utilized by the Passaic County Clerk’s Office and the Passaic County Board of Elections, in accordance with the attached quotes, for a total amount not to exceed three hundred seventy-nine thousand three hundred sixteen dollars and fifty-six cents ($379,316.56).
LET IT BE FURTHER RESOLVED, that the Clerk to the Board shall publish on the Public Notices page of the County’s website, a brief notice stating the nature, duration, service, and amount of the contract awarded to Election Systems & Software, LLC, and maintain a copy of this Resolution on file and available for public inspection in the Office of the Clerk to the Board.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board, County Counsel, Superintendent of Elections, Purchasing Agent, and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
NB April 14, 2026