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RESOLUTION AUTHORIZING AN INCREASE IN APPROPRIATION FOR THE PURCHASE OF A FIRMWARE LICENSE, EXTENDED WARRANTY, AND MAINTENANNCE FOR EXPRESSVOTE XL FROM ELECTION SYSTEMS & SOFTWARE, LLC FOR THE PASSAIC COUNTY SUPERINTENDENT OF ELECTIONS, 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, on November 18, 2024, the Board passed Resolution No. R-24-982, authorizing the purchase of a firmware license, extended warranty, and biennial maintenance for ExpressVote XL from Election Systems & Software, LLC, for a period beginning on December 1, 2024 and ending on November 30, 2025, and for a total amount not to exceed one hundred seventy-eight thousand eight hundred dollars ($178,800.00); and
WHEREAS, the Superintendent is requesting an additional appropriation, not to exceed nine thousand two hundred sixty dollars and seventy-nine cents ($9,260.79), to Election Systems & Software, LLC for the purchase of a firmware license, extended warranty, and biennial maintenance for ExpressVote XL for a period beginning on December 1, 2025 and ending on December 31, 2025, for a new total not to exceed one hundred eighty-eight thousand sixty dollars and seventy-nine cents ($188,060.79); 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 No. 5-01-22-141-001-E01, 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 2025 and/or subsequent County budget(s), which is attached hereto and made part of this Resolution; and
WHEREAS, this matter was discussed at the November 26, 2025 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 an additional appropriation, not to exceed nine thousand two hundred sixty dollars and seventy-nine cents ($9,260.79), to Election Systems & Software, LLC for the purchase of a firmware license, extended warranty, and biennial maintenance for ExpressVote XL for a period beginning on December 1, 2025 and ending on December 31, 2025, for a new total not to exceed one hundred eighty-eight thousand sixty dollars and seventy-nine cents ($188,060.79).
LET IT BE FURTHER RESOLVED, that the Clerk of the Board shall print, in the official newspaper, 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 of 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 December 9, 2025