To: Board of Supervisors
From: Kristin Connelly, Clerk-Recorder
Report Title: Dominion Voting Systems Contract Amendment
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract amendment effective June 1, 2022 with Dominion Voting Systems, Inc., to increase the payment limit by $1,000,000 to a new payment limit of $7,750,000 with no change in the term March 1, 2018 through December 31, 2023 for additional ballot scanners and voting system enhancements.
FISCAL IMPACT:
$1,000,000. 100% County General Fund, within the department’s operating budget.
BACKGROUND:
The Clerk-Recorder has been in contract with Dominion Voting Systems, Inc., since March of 2018 for procurement, warranty, licensing, and service of the County’s Voting System equipment. In October 2018, the Department amended its agreement with Dominion Voting Systems, Inc., to replace its 12-year-old vote counting system with a modern tabulation system and equipment utilizing up-to-date technology. In February 2020, the Department again amended the agreement for the purchase of two high speed ballot scanners for additional ballot counting and business continuity. In January 2022, the Department again amended the agreement to include additional voting systems enhancements and related services, including a remote accessible vote by mail system designed for use by both military and overseas voters and voters with disabilities.
This agreement’s prior amendments did not increase the payment limit to account for the additional services and equipment. The County has already processed approximately $800,000 in charges beyond the agreement’s payment limit. This proposed amendment would be retroactive to June 2022, to reflect when the agreement’s payment limit was exceeded, and will provide sufficient authorization to pay for all outstanding charges and contingent costs through the remainder of the agreement’s term, which will end on December 31, 2023. The Department intends to execute a new contract effective January 1, 2024 with Dominion Voting Systems to ensure uninterrupted procurement, warranty, licensing, and service of the County’s Voting System equipment during the 2024 Primary and General Elections and beyond.
CONSEQUENCE OF NEGATIVE ACTION:
The Clerk-Recorder would be unable to pay for services already rendered through the contract, potentially exposing the County to legal action by the vendor, and liability for the Department being out of compliance with the statutory requirement of continuously operating a certified voting system.
☒Recommendation of the County Administrator
☐ Recommendation of Board Committee
|
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. |
|
ATTESTED: |
|
|
|
|
|
Monica Nino, County Administrator and Clerk of the Board of Supervisors |
|
|
|
|
|
By: |