Legislation Details

File #: 26-897   
Status: Agenda Ready
In control: SUPERVISOR OF ELECTIONS
Agenda Date: 8/20/2026 Final action:
Title: A. MOTION TO APPROVE sole source designation of Election Systems & Software, LLC for Florida state-certified voting equipment, software, and related services for the Supervisor of Elections; and authorize the Mayor to execute the required certification to the Division of Elections pursuant to Section 101.293, Florida Statutes. B. MOTION TO RATIFY Amended and Restated Master Agreement between Broward County and Election Systems & Software, LLC, for Voting Equipment and Software, for an initial five-year term with two optional five-year renewals, for a total not-to-exceed amount of $29,813,207, which includes a $691,900 trade-in credit for the legacy equipment being replaced. C. MOTION TO ADOPT Amended budget Resolution within the General Fund transferring $13,023,207 from reserves for the purpose of providing one-time funding for the purchase of new and upgraded voting equipment and related services.
Attachments: 1. Exhibit 1 - Sole Source Request, 2. Exhibit 2 - Certification to Division of Elections, 3. Exhibit 3 - Agreement, 4. Exhibit 4 - Agreement Disclosures, 5. Exhibit 5 - Budget Resolution
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting                               

Director's Name:  Stephen Farmer (Acting Director)

Department:                       Finance and Administrative Services                     Division: Purchasing

 

Information

Requested Action

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A. MOTION TO APPROVE sole source designation of Election Systems & Software, LLC for Florida state-certified voting equipment, software, and related services for the Supervisor of Elections; and authorize the Mayor to execute the required certification to the Division of Elections pursuant to Section 101.293, Florida Statutes.

 

B. MOTION TO RATIFY Amended and Restated Master Agreement between Broward County and Election Systems & Software, LLC, for Voting Equipment and Software, for an initial five-year term with two optional five-year renewals, for a total not-to-exceed amount of $29,813,207, which includes a $691,900 trade-in credit for the legacy equipment being replaced.

 

C. MOTION TO ADOPT Amended budget Resolution within the General Fund transferring $13,023,207 from reserves for the purpose of providing one-time funding for the purchase of new and upgraded voting equipment and related services.

 

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Why Action is Necessary

Motion A: In accordance with the Broward County Procurement Code, Section 21.25(a), a sole source procurement may be designated when the Director of Purchasing determines that there is only one source or one reasonable source; any nonstandardized sole source procurement above the Director of Purchasing award authority must be approved by the Board; and in accordance with Section 101.293, Florida Statutes, the Mayor must certify to the Division of Elections an exception to competitive solicitation requirements.

 

Motion B: Board ratification is required per the Amended and Restated Master Agreement.

 

Motion C: Adopt proposed budget Resolution to transfer $13,023,207 from the General Fund.

 

What Action Accomplishes

Motion A: Designates Election Systems & Software, LLC as the sole source to provide voting equipment, software, and related services and authorizes the Mayor to sign Florida state required certification.

 

Motion B: Ratifies the referenced Amended and Restated Master Agreement to enable the Supervisor of Elections to acquire new and upgraded Florida state-certified, compatible voting equipment and software for the upcoming November 2026 General Election.

 

Motion C: Approves a budget Resolution.

 

Goal Related Icon(s)

N/A   County Commission

N/A   Go Green

N/A   MAP Broward

 

Previous Action Taken

None.

 

Summary Explanation/Background

THE PURCHASING DIVISION AND THE SUPERVISOR OF ELECTIONS RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

 

The purpose of this action is to designate and award Election Systems & Software, LLC (ES&S) as the sole source for voting equipment, software, and related services. On July 23, 2026, the Purchasing Division issued a Request for Information (RFI) to ascertain whether there were any other entities able to provide state-certified high-volume voting equipment, software, and related services for the Supervisor of Elections (SOE). There were no responses received to the RFI. Based on this information, the Director of Purchasing recommends approval of the sole source designation (Exhibit 1).

 

The proposed Agreement with ES&S will allow the SOE to acquire necessary voting equipment and software to replace aging equipment and to upgrade the voting system’s security protocols ahead of the November 2026 General Election. As detailed by Supervisor Scott in a memorandum to the Board (Exhibit 1, page 5), the proposed procurement provides important security updates recommended for the security of the upcoming General Election, and ES&S is the only practicable source for state-certified voting equipment that meets the County’s needs. Approval of this item would find that ES&S is the single source from which suitable equipment may be obtained. Pursuant to Section 101.293, Florida Statutes, the Board must approve and the Mayor is required to submit a certification to the Division of Elections (Exhibit 2).

 

The new equipment and software require 60 days to install, configure, and test; implementation must be completed prior to the September 30,2026 deadline for the required logic and accuracy testing in preparation for the General Election. Therefore, the County Administrator executed the proposed Agreement pursuant to delegated summer recess authority (June 9, 2026, Agenda Item 16), as delaying action until August 20, 2026, would adversely impact the County’s interests. The proposed Agreement, however, is expressly subject to the Commission’s ratification and approval of the required budget transfer (Exhibit 3).

 

The proposed Agreement utilizes the County’s standard technology agreement form and includes several negotiated modifications that deviate from the County’s standard terms. The deviations are recommended for approval by Supervisor Scott (Exhibit 4).

 

If these items are approved, the SOE can procure the upgraded voting equipment, software, and related services in time for the November 2026 General Election.

 

This item seeks approval to transfer $13,023,207 from the General Fund (Exhibit 5).

 

Source of Additional Information

Joe Scott, Supervisor of Elections, (954) 357-8683

 

Fiscal Impact

Fiscal Impact/Cost Summary

The open-end contract has a not-to-exceed amount of $29,813,207 over a potential 15-year period.