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RESOLUTION AUTHORIZING THE PASSAIC COUNTY PURCHASING AGENT TO ACQUIRE PRODUCTS AND SERVICES PROVIDED BY PUBLIC UTILITIES FOR VARIOUS PASSAIC COUNTY DEPARTMENTS, AS NEEDED DURING CALENDAR YEAR 2025, PURSUANT TO N.J.S.A. 40A:11-5(1)(f) AND N.J.S.A. 40A:11-5(2)
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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, pursuant to N.J.S.A. 40A:11-5(1)(f), any contract the amount of which exceeds the bid threshold, may be negotiated and awarded by the Board without public advertising for bids and bidding therefor and shall be awarded by resolution of the Board if it is for the supplying of any product or the rendering of any service by a public utility, which is subject to the jurisdiction of the Board of Public Utilities or the Federal Energy Regulatory Commission or its successor, in accordance with tariffs and schedules of charges made, charged or exacted, filed with the board or commission; and
WHEREAS, N.J.S.A. 40A:11-5(2) further exempts from public advertising for bids and bidding therefor any contract made or entered into with the United States of America, the State of New Jersey, county, or municipality, or any board, body, officer, agency, or authority thereof, or any other state or subdivision thereof; and
WHEREAS, contracts awarded to government agencies and public utilities regulated by the New Jersey Board of Public Utilities are not subject to the non-fair and open requirements set forth in the New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4, et seq.; and
WHEREAS, the Board desires to authorize the Passaic County Purchasing Agent to acquire products and services provided by public utilities for various County departments, as needed during calendar year 2025; and
WHEREAS, this matter was discussed at the September 25, 2024 Administration and Finance Committee meeting, and is being recommended to the Board for approval; and
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-5(1)(f) and N.J.S.A. 40A:11-5(2), the Board of County Commissioners of the County of Passaic hereby authorizes and directs the Passaic County Purchasing Agent to acquire any utility product or service provided by the following government agencies and public utilities regulated by the New Jersey Board of Public Utilities, as needed during calendar year 2025:
1. Treasurer, State of New Jersey
2. Treasurer, State of New Jersey (Stormwater)
3. Borough of Hawthorne
4. Borough of Totowa
5. Township of Wayne
6. Borough of Woodland Park
7. City of Paterson
8. Borough of Pompton Lakes, MUA
9. Passaic Valley Water Commission
10. Cablevision
11. Verizon
12. Verizon Business
13. Jersey Central Power & Light
14. PSE&G Co.
15. Rockland Electric Co.
16. Obsidian Solar Fund II, LLC (Reimburse/Solar Energy) - Buildings
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, Purchasing Agent, Chief Financial Officer, and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
SF October 8, 2024