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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 2026, 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 government agencies and public utilities for various County departments, as needed during calendar year 2026; and
WHEREAS, pursuant to N.J.S.A. 52:32-60-1, et seq., the relevant government agencies and public utilities executed the Non-Involvement in Prohibited Activities in Russia or Belarus Certification, attached hereto and made part of this Resolution, certifying that they are not involved in prohibited activities in Russia and Belarus, and the County confirmed that they are not identified on the Specially Designated Nationals and Blocked Persons list created by the Office of Foreign Assets Control; and
WHEREAS, this matter was discussed at the December 17, 2025, 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 2026:
1. Borough of Hawthorne
2. Borough of Totowa
3. Borough of Pompton Lakes MUA
4. Borough of Woodland Park
5. Cablevision
6. City of Paterson
7. Jersey Central Power & Light
8. Obsidian Solar Fund II, LLC (Reimburse/Solar Energy) - Buildings
9. Passaic Valley Water Commission
10. PSE&G Co.
11. Rockland Electric Co.
12. Township of Wayne
13. Treasurer, State of New Jersey
14. Treasurer, State of New Jersey (Stormwater)
15. Verizon
16. Verizon Business
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.
NB December 29, 2025