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RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO ELECTION SYSTEMS & SOFTWARE, LLC FOR INFORMATION TECHNOLOGY SUPPORT AND MAINTENANCE SERVICES PROVIDED TO THE COUNTY OF PASSAIC IN CALENDAR YEAR 2023, PURSUANT TO N.J.A.C. 5:30-11.3
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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(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, pursuant to N.J.S.A. 40A:11-5(l), on May 23, 2023, the Board passed Resolution No. R-23-0495, authorizing a contract to Election Systems & Software, LLC, for information technology support and maintenance services needed to conduct elections in the County in calendar year 2023, to be used by the County Clerk, Board of Elections and Superintendent of Elections, in an amount not to exceed two hundred thirty-seven thousand five hundred ninety dollars ($237,590.00); and
WHEREAS, the Superintendent is seeking authorization to increase the appropriation to Election Systems & Software, LLC to pay for services provided in calendar year 2023, in an amount not to exceed nine thousand seven hundred twenty-nine dollars and fifteen cents ($9,729.15); 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, pursuant to N.J.A.C. 5:30-11.3, the County can authorize, permit, or accept change orders for work performed, services rendered, materials, supplies, or equipment delivered or provided pursuant to the conditions as set forth therein; and
WHEREAS, funds are available in Account No. 3-01-22-141-001-E01, or any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been contingently certified by the Chief Financial Officer subject to sufficient funds being appropriated by the Board in the 2024 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 27, 2024 Administration & Finance Committee meeting, and is being recommended to the Board for approval; and
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.A.C. 5:30-11.3, the Board of County Commissioners of the County of Passaic increases the appropriation to Election Systems & Software, LLC to pay for services provided in calendar year 2023, in an amount not to exceed nine thousand seven hundred twenty-nine dollars and fifteen cents ($9,729.15).
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.
SF April 9, 2024