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RESOLUTION AUTHORIZING THE PASSAIC COUNTY SUPERINTENDENT OF ELECTIONS TO PURCHASE EXPRESSVOTE XL VOTING MACHINE BATTERIES FROM ELECTION SYSTEMS & SOFTWARE, LLC, PURSUANT TO N.J.S.A. 40A:11-5(l)(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 purchase at least one thousand six hundred and sixty-eight (1,168) ExpressVote XL voting machine batteries, which are necessary and required to conduct elections in the County, from Election Systems & Software, LLC in accordance with the attached quote, for a total amount not to exceed three hundred forty-six thousand four hundred and sixty-nine dollars ($346,469.00); 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. C-04-55-170-001-901 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 August 26, 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 at least one thousand six hundred and sixty-eight (1,168) ExpressVote XL voting machine batteries, which are necessary and required to conduct elections in the County, from Election Systems & Software, LLC in accordance with the attached quote, for a total amount not to exceed three hundred forty-six thousand four hundred and sixty-nine dollars ($346,469.00).
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 this contract with 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 September 8, 2026