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RESOLUTION EXTENDING CONTRACT WITH RESPIRATORY HEALTH SERVICES, LLC, (FORMERLY KNOWN AS POWERBACK REHABILITATION, LLC) FOR PREAKNESS HEALTHCARE CENTER, PURSUANT TO N.J.S.A. 40A:11-15
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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 is in need of hospice services; and
WHEREAS, on February 23, 2021, the Board approved Resolution R-2021-0168, authorizing a one (1)-year agreement with Respiratory Health Services, LLC beginning March 1, 2021 through February 28, 2022, for an annual amount not to exceed nine hundred fifty thousand dollars ($950,000.00), with the County retaining four (4) one-year options to renew the agreement; and
WHEREAS, on December 28, 2021, the Board passed Resolution R-2021-1209, exercising the first one-year option with Respiratory Health Services, LLC, in an amount not to exceed nine hundred fifty thousand dollars ($950,000.00), for a term beginning March 1, 2022, through February 28, 2023; and
WHEREAS, on December 13, 2022, the Board passed Resolution R-22-1135, exercising the second one-year option with Respiratory Health Services, LLC for an amount not to exceed nine hundred fifty thousand dollars ($950,000.00), for a term beginning March 1, 2023, through February 29, 2024; and
WHEREAS, in Resolution R-22-1135, the Board further acknowledged a name change from Respiratory Health Services, LLC to Powerback Rehabilitation, LLC (“Powerback”); and
WHEREAS, on December 12, 2023, the Board passed Resolution R-23-1149, exercising the third one-year option with Powerback (formerly known as Respiratory Health Services, LLC) for an amount not to exceed seven hundred twenty thousand dollars ($720,000.00), for a term beginning March 1, 2024, through February 29, 2025; and
WHEREAS, on February 11, 2025, the Board passed Resolution R-25-104, exercising the fourth one-year option with Powerback (formerly known as Respiratory Health Services, LLC) for an amount not to exceed eight hundred thousand dollars ($800,000.00), for a term beginning March 1, 2025 through February 28, 2026; and
WHEREAS, pursuant to N.J.S.A. 40A:11-15, a contract may be extended by mutual agreement of the parties to the contract when a contracting unit has commenced rebidding prior to the time the contract expires or when the awarding of a contract is pending at the time the contract expires; and
WHEREAS, the Executive Director of Preakness has advised that rebidding of the above-described contract has commenced but the award of a contract is still pending, and that it is accordingly necessary to further extend the term of the County’s contract with Powerback (which has changed its name back to Respiratory Health Services, LLC), for an additional three-month term, from March 1, 2026 through May 31, 2026, for an amount not to exceed two hundred fifty thousand dollars ($250,000.00) during such term; and
WHEREAS, pursuant to N.J.S.A. 52:32-60-1, et seq., Respiratory Health Services, LLC (formerly known as Powerback) executed the Non-Involvement in Prohibited Activities in Russia or Belarus Certification, attached hereto and made part of this Resolution, certifying it is not involved in prohibited activities in Russia and Belarus, and the County confirmed that Respiratory Health Services, LLC (formerly known as Powerback) 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. 6-01-27-172-001-213 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 2026 and/or subsequent years’ County budget(s); and
WHEREAS, this matter was discussed at the February 18, 2026, meeting of the Health and Human Services Committee and is recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-15, the Board of County Commissioners of the County of Passaic hereby authorizes the extension of the County’s contract with Respiratory Health Services, LLC (formerly known as Powerback), for an additional three-month term, from March 1, 2026 through May 31, 2026, for an amount not to exceed two hundred fifty thousand dollars ($250,000.00) during such term.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board shall print in the official newspaper a brief notice stating the nature, duration, service, and amount of the contract awarded to Respiratory Health Services, LLC (formerly known as Powerback), and maintain a copy of this resolution on file and available for public inspection in the Office of the Clerk to the Board.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board, County Counsel, Purchasing Agent, Executive Director of Preakness, and the Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
NB February 24, 2026