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RESOLUTION AUTHORIZING A ONE-MONTH CONTRACT EXTENSION TO MIVILA FOODS TO PROVIDE GROCERIES AND CANNED FOODS TO MEALS-ON-WHEELS AND PREAKNESS HEALTHCARE CENTER, PURSUANT TO N.J.S.A. 40A:11-15, ET SEQ. AND SB-22-011
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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 January 11, 2022, the Passaic County Purchasing Agent issued SB-22-011, Groceries and Canned Foods for the County of Passaic Departments and Institutions (“SB-22-011”), 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, on July 19, 2022, the Board passed Resolution R-22-0657, repealing Resolution No. R-22-0289, and awarding a contract to Mivila Foods and Ace Endico, with the Catalog Percent Discounts attached thereto as Schedule A, in an amount not to exceed two hundred fifty thousand dollars ($250,000.00), for a one (1) year term, beginning March 1, 2022, and expiring February 28, 2023; and
WHEREAS, on February 14, 2023, the Board passed Resolution No. R-23-0109, exercising the first one (1) year option with Mivila Foods and Ace Endico for a contract period, beginning March 1, 2023, and expiring February 29, 2024, in an amount not to exceed eight hundred thousand dollars ($800,000.00); and
WHEREAS, pursuant to N.J.S.A. 40A:11-15, all contracts shall cease to have effect at the end of the contracted period and shall not be extended by any mechanism or provision, except that 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, Preakness and Mivila Foods have mutually agreed to a one (1) month contract extension, as evidenced by the extension letter attached hereto and made part of this Resolution, whereby Mivila Foods agreed to provide groceries and canned foods to Preakness from March 1, 2024 through March 31, 2024, while Preakness is in the process of bidding for groceries and canned foods; and
WHEREAS, this matter was discussed at the February 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.S.A. 40A:11-15, et seq., the Board of County Commissioners of the County of Passaic authorizes a one (1) month contract extension to Mivila Foods, commencing March 1, 2024 and expiring March 31, 2024, to provide groceries and canned foods to Preakness Healthcare Center and Meals-on-Wheels, while Preakness is in the process of bidding for groceries and canned foods.
LET IT BE FURTHER RESOLVED, that all other terms and conditions of the contract awarded to Mivila Foods pursuant to SB-22-011 shall remain the same.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, Executive Director of Preakness, Purchasing Agent and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
SF February 13, 2024