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RESOLUTION AUTHORIZING AN INCREASE IN APPROPRIATION FOR THE CONTRACT WITH ELECTION SYSTEMS & SOFTWARE, LLC FOR ELECTION LICENSES AND 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, on April 14, 2026, the Board passed Resolution No. R-26-0259, authorizing a contract with Election Systems & Software, LLC for firmware licenses, extended warranty, biennial maintenance, and related parts and support services for ExpressVote XL, 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 the 2026 calendar year, 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, the Superintendent has advised that a portion of the license fees and on-site election support service costs necessary for elections in the 2026 calendar year were inadvertently omitted from the above-described contract, and is requesting authorization to increase the amount of this contract by an additional amount not to exceed ninety-five thousand dollars ($95,000.00), for a new total contract amount not to exceed four hundred seventy-four thousand three hundred fourteen dollars and fifty-six cents ($474,316.56); 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 No. 6-01-22-139-001-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 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 June 10, 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 an increase in appropriation, by an amount not to exceed ninety-five thousand dollars ($95,000.00) for the contract with Election Systems & Software, LLC for license fees and on-site election support service costs necessary to support elections in the 2026 calendar year, resulting in a new total contract amount not to exceed four hundred seventy-four thousand three hundred fourteen dollars and fifty-six cents ($474,316.56).
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 June 23, 2026