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RESOLUTION INCREASING APPROPRIATION TO SEA BREEZE FRUIT FLAVORS, INC. D/B/A SEA BREEZE TO PROVIDE SODA TO PREAKNESS HEALTHCARE CENTER, PURSUANT TO N.J.A.C. 5:30-11.10 AND SB-24-009
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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, Preakness Healthcare Center (“Preakness”) is a New Jersey Department of Health licensed, 406-bed skilled nursing facility that is owned and operated by the Board; and
WHEREAS, pursuant to N.J.S.A. 40A:11-4, et seq., for every contract awarded by the County for the provision or performance of any goods or services, the cost of which in the aggregate exceeds the bid threshold established pursuant to N.J.S.A. 40A:11-3, shall be awarded by resolution of the Board to the lowest responsible bidder after public advertising for bids and bidding thereof; and
WHEREAS, on November 10, 2023, the Passaic County Purchasing Agent issued SB-24-009, Preakness Healthcare Center Coffee/Soda Bid (“SB-24-009”), in compliance with N.J.S.A. 40A:11-4, et seq., that solicited competitive pricing from qualified vendors for the goods and services sought therein; and
WHEREAS, the bid responses were opened on November 21, 2023, and after review of same, it was determined that Sea Breeze Fruit Flavors, Inc. d/b/a Sea Breeze was the lowest responsible bidder to line item #3 soda; and
WHEREAS, Sea Breeze Fruit Flavors, Inc. d/b/a Sea Breeze agreed to extend pricing under the Passaic County CO-OP #38PCCP; and
WHEREAS, on December 12, 2023, the Board passed Resolution No. R-23-1152, authorizing a contract award to Sea Breeze Fruit Flavors, Inc. d/b/a Sea Breeze to provide soda (SB-24-009 line item #3) to Preakness from December 12, 2023 through November 30, 2024, in an amount not to exceed six thousand dollars ($6,000.00), with one (1) year option to be exercised at the discretion of the Board; and
WHEREAS, the Executive Director of Preakness is recommending to increase the appropriation to Sea Breeze, in an amount not to exceed two thousand five hundred dollars ($2,500.00), due to an increase in the consumption of soda; and
WHEREAS, pursuant to N.J.A.C. 5:30-11.10, the County is permitted to increase the award amount under contracts competitively bid pursuant to N.J.S.A. 40A:11-4, where such contracts are deemed open-ended contracts, as is the case here; and
WHEREAS, pursuant to N.J.S.A. 52:32-60.1, et seq., Sea Breeze executed the Non-Involvement in Prohibited Activities in Russia or Belarus Certification, attached hereto and made part of this Resolution, certifying the vendor is not involved in prohibited activities in Russia and Belarus, and the County confirmed Sea Breeze is not identified on the Specially Designated Nationals and Blocked Persons list created by the Office of Foreign Assets Control; and
WHEREAS, funds are available in Account No. 4-01-27-172-001-F04, or any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been contingently certified by the Chief Financial Officer subject to sufficient funds being appropriated by the Board in the 2024 and/or subsequent County budget(s), which is attached hereto and made part of this Resolution; and
WHEREAS, this matter was discussed at the August 6, 2024, Health and Human Services Committee meeting, and is being recommended to the Board for approval; and
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.A.C. 5:30-11.10, the Board of County Commissioners of the County of Passaic authorizes an additional appropriation to Sea Breeze Fruit Flavors, Inc. d/b/a Sea Breeze to provide soda (line item #3) to Preakness Healthcare Center, from December 12, 2023 through November 30, 2024, in an amount not to exceed two thousand five hundred dollars ($2,500.00), with one (1) year option to be exercised at the discretion of the Board, in accordance with the terms and conditions set forth in SB-24-009.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, Purchasing Agent, Executive Director of Preakness, and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
SF August 13, 2024