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File #: 12564   
Type: Consent Status: Passed
File created: 7/25/2025 Department: Registrar of Voters
On agenda: 8/5/2025 Final action: 8/5/2025
Subject: Amendment to Agreement with the Secretary of State for Voting Replacement Funds
Attachments: 1. CON-ROV-08-05-2025-AMENDMENT TO SOS AGREEMENT, 2. COV-ROV-08-05-2025-AMENDMENT TO SOS AGREEMENT

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

August 5, 2025

 

FROM

JOANI FINWALL, Registrar of Voters

         

SUBJECT                      

Title                     

Amendment to Agreement with the Secretary of State for Voting Replacement Funds

End

 

RECOMMENDATION(S)

Recommendation

1.                     Approve Amendment No. 4 to Agreement No. 19-188 (State Revenue Agreement No. 18G30136) with the State of California Secretary of State for reimbursement of expenditures related to voting system replacement activities, correcting the contract language regarding matching funds and retroactive payments, with no change to the contract term of February 1, 2019 through August 21, 2026, nor contract amount of $9,721,754.40.

2.                     Authorize the Registrar of Voters to electronically execute and submit Amendment No. 4 to Agreement No. 19-188 and any necessary documentation required by the State to receive the funds, subject to review by County Counsel.

3.                     Direct the Registrar of Voters to transmit the amendment in Recommendation No. 2 to the Clerk of the Board of Supervisors within 30 days of execution.

(Presenter: Joani Finwall, Registrar of Voters, 387-2100)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Operate in a Fiscally-Responsible and Business-Like Manner.

Pursue County Goals and Objectives by Working with Other Agencies.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost) as this amendment does not change the amount of $9,721,754.40 for the contract with the Secretary of State (SOS).

 

In 2020, the Registrar of Voters (ROV) submitted a claim to the SOS in the amount of $8,854,500 for the purchase of a new state-certified voting system. The remaining balance of $867,254.40 is anticipated to be used for election management system (EMS) replacement or enhancement, consistent with the eligible uses of Agreement No. 19-188 (State Revenue Agreement No. 18G30136) (Agreement).

 

BACKGROUND INFORMATION

On March 19, 2019 (Item No. 35), the Board of Supervisors (Board) authorized the ROV to initiate a formal competitive procurement for a replacement voting system and approved the Agreement for the SOS to reimburse the County up to $5,900,000 for one-time expenditures made through June 30, 2021, related to the purchase and implementation of a new voting system.

 

On November 5, 2019 (Item No. 34), the Board approved Amendment No. 1 to the Agreement to extend the term through June 30, 2022, and increase the amount of reimbursement to the County by $3,818,754.40, from $5,903,000 to an amount not to exceed $9,721,754.40, for expenditures related to voting system replacement and election management system activities. The amendment also changed the local match requirement in Exhibit D, Section A, Item 1 to $3 of State reimbursement funds for every $1 of County funds.

 

On April 26, 2022 (Item No. 61), the Board approved Amendment No. 2 to the Agreement to extend the term through December 31, 2024, with no change to the contract amount of $9,721,754.40, for expenditures related to voting system replacement and election management system activities.

 

On December 17, 2024 (Item No. 89), the Board approved Amendment No. 3 to the Agreement to extend the term through August 31, 2026, with no change to the contract amount of $9,721,754.40, for expenditures related to voting system replacement and election management system activities.

 

The recommended amendment will correct the contract language in Exhibit A, Section D regarding matching funds to state what type of jurisdictions are subject to the three-to-one basis match and which are subject to the dollar-to-dollar basis match and correct the timeline for retroactive payments in Exhibit B, Section 7 for claims made after April 29, 2015 and before August 31, 2026.

 

Recommendation No. 2 would authorize the ROV to electronically execute the amendment and any necessary documentation as required by the SOS to receive the funds.

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Jolena Grider, Deputy County Counsel, 387-5455) on July 29, 2025; and County Finance and Administration (Elias Duenas, Administrative Analyst, 387-4052) on July 17, 2025.