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RESOLUTION ADOPTING A RESPONSIBLE CONTRACTOR AND SUB-CONTRACTOR POLICY FOR PASSAIC COUNTY PUBLIC WORKS CONTRACTS OVER TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000.00), PURSUANT TO N.J.S.A. 40A:11-25
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WHEREAS, the County of Passaic (“County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1, the Board of County Commissioners of the County of Passaic (“Board”) is vested with managing the property, finances, and affairs of the County; and
WHEREAS, the County is committed to ensuring that construction contracts are awarded in an atmosphere that invites competition and guards against favoritism, improvidence, arbitrary conduct, extravagance, fraud and corruption, so as to secure the best work and supplies at the lowest cost practicable; and
WHEREAS, in furtherance of the County’s commitments, the County would like to adopt the Responsible Contractor and Sub-Contractor Policy, attached hereto and made part of this Resolution, which will be applicable to Passaic County Public Works contracts over two hundred and fifty thousand dollars ($250,000.00); and
WHEREAS, as part of the bidding process, contractors and sub-contractors will be required to execute the attached Contractor Responsibility Certification, affirming that their work history, qualifications and performance capabilities are in good standing; and
WHEREAS, failure to comply with the County’s Responsible Contractor and Sub-Contractor Policy will disqualify bidders from performing work on Public Works contracts over two hundred and fifty thousand dollars ($250,000.00); and
WHEREAS, pursuant to N.J.S.A. 40A:11-25, the Board may adopt a standard form of statement or questionnaire for bidders on public works contracts, in accordance with the procedure set forth therein; and
WHEREAS, N.J.S.A. 40A:11-25 further authorizes the Board to establish reasonable regulations appropriate for controlling the qualifications of prospective bidders upon contracts to be awarded on behalf of the County, by class or category of goods or services to be provided or performed, which may fix the qualifications required according to the financial ability and experience of the bidders and the capital and equipment available to them pertinent to and reasonably related to the class or category of goods or services to be provided or performed in the performance of any such contract, and may require each bidder to furnish a statement thereof; and
WHEREAS, in accordance with N.J.S.A. 40A:11-25, prior to adoption of any such regulations, a contracting unit shall submit them to a public hearing; and
WHEREAS, notice of the public hearing and a general description of the subject matter of the regulations to be adopted shall be published in no less than two newspapers circulating in the County, at least twenty (20) days before the hearing date; and
WHEREAS, on May 21, 2024, the Board passed Resolution No. R-24-408, scheduling a public hearing on June 25, 2024 at 5:15 PM in the Passaic County Administration Building to receive public comments on the adoption of the attached Responsible Contractor and Sub-Contractor Policy for Passaic County Public Works contracts over five million dollars ($5,000,000.00); and
WHEREAS, the Clerk of the Board published the statutorily required notice in the New Jersey Herald and Bergen Record no later than June 5, 2024; and
WHEREAS, thereafter, the County amended the Public Notice required by N.J.S.A. 40A:11-25, notifying Passaic County residents that the Responsible Contractor and Sub-Contractor Policy would be applicable to Public Works contracts over two hundred and fifty thousand dollars ($250,000.00), instead of the original five million dollars ($5,000,000.00) threshold set forth in resolution R-24-408 dated May 21, 2024; and
WHEREAS, this matter was discussed by the Administration and Finance Committee, and is being recommended to the Board for approval; and
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-25, the Board of County Commissioners of the County of Passaic adopts the attached Responsible Contractor and Sub-Contractor Policy for Passaic County Public Works contracts over two hundred and fifty thousand dollars ($250,000.00).
LET IT BE FURTHER RESOLVED, that the Clerk of the Board shall keep a record of the proceedings and of the testimony of any citizen or prospective bidder and within ten (10) days after the completion of the public hearing scheduled on June 25, 2024, the proposed regulations and a true copy of the hearing shall be forwarded to the Director of the Division of Local Government Services for the Director’s approval.
LET IT BE FURTHER RESOLVED, that if the Director of the Division of Local Government Services fails to approve or disapprove of the regulations within thirty (30) days of their receipt by the Director, the regulations shall take effect without the Director’s approval.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, County Administrator, and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
SF June 25, 2024