RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION (1) AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HART INTERCIVIC, INC. (HART) FOR NEW VOTING SYSTEM HARDWARE, SOFTWARE, AND SUPPORT SERVICES FOR A FOUR-YEAR PERIOD ENDING AUGUST 15, 2010, IN AN AMOUNT NOT TO EXCEED $10,453,516; AND (2) AUTHORIZING COUNTY’S CHIEF ELECTIONS OFFICER OR HIS DESIGNEE TO EXECUTE (A) ALL NECESSARY APPLICATIONS, AGREEMENTS, AND CLAIMS TO SECURE GRANT FUNDING UP TO $4,569,941.98 UNDER THE VOTING MODERNIZATION BOND ACT OF 2002; AND (B) SUBSEQUENT AMENDMENTS TO MAKE MINOR CHANGES IN THE HART AGREEMENT IN AN AGGREGATE SUM NOT TO EXCEED $25,000

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, the Help America Vote Act of 2002 (42 U.S.C.§§ 15301 et seq.) (“HAVA”) and California law require that voting systems used in elections on or after June 6, 2006 be certified as compliant with federal and state standards intended to help all voters cast ballots accurately, to assist non-English-speaking voters, and to allow voters with disabilities to access polling places and to vote privately and independently; and

WHEREAS, County’s Chief Elections Officer has presented to this Board of Supervisors for its consideration and acceptance an Agreement between the County of San Mateo and Hart InterCivic, Inc. (Hart), reference to which is hereby made for further particulars, for the purchase and implementation of Hart’s duly certified “eSlate” voting system and “eRegistry” voter registration/election management system, for a four-year period ending August 15, 2010, for an amount not to exceed $10,453,516; and

WHEREAS, the Board has examined and approved said Agreement as to form and content and desires to enter into it; and

WHEREAS, this Board has previously approved County’s participation in federal and state grant programs under which County is eligible to receive reimbursement for system acquisition costs, in a cumulative sum not to exceed $9,139.883.92, and

WHEREAS, County’s receipt of grant funds previously reserved for it pursuant to County’s approved application under California’s Voting Modernization Bond Act of 2002 (Proposition 41) requires the execution, by a duly authorized representative of this Board, of project plans, claims, periodic reports, and other documents as may be necessary to administer the grant; and

WHEREAS, this Board has been presented with a request from County’s Chief Elections Officer to authorize him or his designee to execute all documents as may be necessary to secure grant funds available under Proposition 41 and to execute amendments to the Hart contract to make minor changes in services and activities as may be needed; and

WHEREAS, the Board has considered and approved said request as to form and content and desires to grant it;

NOW, THEREFORE, IT IS HEREBY RESOLVED that the Board of Supervisors hereby: (1) authorizes and directs the President of this Board to execute said Agreement for and on behalf of the County of San Mateo, and the Clerk of the Board shall attest the President’s signature thereto; and (2) authorizes County’s Chief Elections Officer or his designee to execute (a) all necessary applications, agreements, and claims to secure grant funding up to $4,569,941.98 under the Voting Modernization Bond Act of 2002; and (b) subsequent amendments to make minor changes in the Hart agreement in an aggregate sum not to exceed $25,000.

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