Inter-Departmental Correspondence

Assessor – Clerk - Recorder



August 26, 2010


September 14, 2010







Honorable Board of Supervisors


Warren Slocum, Chief Elections Officer &

Assessor-County Clerk-Recorder


Authorizing an Amendment to the Service Agreement with Hart InterCivic, Inc. for the extension of the Maintenance and Support and Hardware Warranty August 15, 2010 to August 14, 2013 and increasing the amount by $665,718.75 to 10,853,235.24.



Adopt a Resolution authorizing the:

A) President of the Board to execute an Amendment to the Agreement with Hart InterCivic, Inc. to extend the agreement for maintenance and support services for the voting system software and the warranty of the voting system hardware for the period of August 15, 2010 through August 14, 2013, increasing the amount of the Agreement by $665,718.75 to $10,853,235.24, of which $665,718.75 will be Net County Cost; and

B) Chief Elections Officer or his designee to execute contract amendments which modify the County’s maximum fiscal obligation by no more than $25,000 (in aggregate), and/or modify the contract term and/or services so long as the modified term or services is/are within the current or revised fiscal provisions.



On August 15, 2006, the County entered into an agreement with Hart InterCivic, Inc. for the acquisition of a countywide voting system: The Voting Systems Agreement (Resolution No. 068199; NTE $10,453,516.49; four years and amended through Resolution No. 069198; NTE $10,187,516.49). The Maintenance and Support Services and Hardware Warranty portions of this agreement have reached the end of their life cycles.



An extension of the Maintenance and Support Services and Hardware Warranty is needed to maintain the operational efficiency of the voting system and to provide support for the efficient, accurate and effective conduct of elections in San Mateo County.

Since the acquisition of the voting system in 2006, voting by mail has become the method of choice for voters in California. In the June 2010 Gubernatorial Primary, 62 percent of the votes in the County were cast by mail. Today, nearly half of the voters in the County are permanent Vote by Mail voters. In response to this trend, the Elections Division has consolidated a number of precincts to maximize efficiency and reduce cost. The reduction in the number of precincts and correlated reduction in the amount of voting equipment needed to conduct an election has created an opportunity to return some overage of voting equipment to the vendor in exchange for discounts in maintenance, support and an extended warranty on the hardware.

This Amendment includes Maintenance and Support Services on the voting system ($226,615.00 per year equaling $679,845.00 over 3 years), an Extended Hardware Warranty covering 425 Judge’s Booth Controllers, 1,656 eSlate voting machines and 1,654 Verifiable Ballot Options ($39,550.00 per year equaling $118,650.00 over 3 years) and a one-time Preventive Maintenance on 525 Judge’s Booth Controllers ($24,690.00).

A pre-payment credit of 2.5% ($2,966.25) has also been offered the County to be used against a full advance payment of the $118,650.00 Extended Hardware Warranty.

The Amendment sets a price of $250.00 per eSlate voting booth should Hart acquire additional voting system inventory from the County. As Hart acquires used equipment from the County, there will be a correlated reduction in the annual Maintenance and Support fee. The ‘per unit’ price will be: $65.00 for a Judge’s Booth Controller; $65.00 for an eSlate/DAU voting machine; and $25.00 for a Verifiable Ballot Option.

The Amendment also changes the definition of “election cycle” from 90 days preceding any election and continuing through 28 days after the election to “60 days preceding any election and continuing through 28 days after the election.”

County Counsel has reviewed and approved the Resolution and Amendment as to form.

Approval of this Resolution contributes to the Shared Vision 2025 Outcome of a Collaborative Community by providing for the responsible management and upkeep of the County’s voting equipment assets and utilizes a collaborative approach to the recycling of excess inventory that will conserve financial resources, benefit other jurisdictions and maintain the County’s voting equipment.


Performance Measure(s):


FY 2008-09

FY 2009-10

Percent of progress toward a new, Help America Vote Act compliant voting system





The term of the Amendment will be August 15, 2010 to August 14, 2013 with a maximum obligation of $665,718.75. The Amendment increases the total contract amount from $10,187,516.49 to $10,853,235.24 of which $665,718.75 will be Net County Cost.