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RESOLUTION AMENDING RESOLUTION NO. R-23-0900 AUTHORIZING A DIRECT AWARD OF CONTRACT TO DAVID ZUIDEMA INC. FOR THE REMOVAL AND CARTING OF SEWAGE FROM PASSAIC COUNTY PARKS AND PREAKNESS VALLEY GOLF COURSES, PURSUANT TO N.J.S.A. 40A:11-5(3), ET SEQ.
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WHEREAS, the County of Passaic (the “County”) is a government body incorporated pursuant to N.J.S.A. 40:18-1, et seq. and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1 the Board of County Commissioners for the County of Passaic (hereinafter the “Board”) are vested with decision making powers on behalf of the County; and
WHEREAS, on September 26, 2023, the Board passed Resolution No. R-23-0900 authorizing an award of contract to David Zuidema Inc. with an appropriation of one hundred fifty thousand dollars ($150,000.00) per year; and
WHEREAS, the Department of Human Services (hereafter "Department”) is an umbrella social service agency concerned with planning and funding services for the County's disadvantaged and homeless citizens; and
WHEREAS, on December 21, 2022, the Purchasing Agent issued Bid No. SB-23-019 Removal and Carting of Sewage Services (hereafter “SB-23-019”) seeking sealed proposals from qualified bidders for the removal and carting of sewage from County parks and Preakness Valley Golf Courses, and no response bids were received; and
WHEREAS, on January 11, 2023, the Purchasing Agent issued Bid No. SB-23-024 Re-Bid Removal and Carting of Sewage Services (hereafter “SB-23-024”) seeking sealed proposals from qualified bidders for the removal and carting of sewage from County parks and Preakness Valley Golf Courses, and no response bids were received; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5(3), when bids have been advertised pursuant to N.J.S.A. 40A:11-4 on two occasions, having received no bids on either occasion in response to the advertisements, the County may negotiate a contract that may be awarded upon two-thirds affirmative vote of the Board; and
WHEREAS, moreover, the Purchasing Agent made reasonable efforts to determine that the services sought in the bids are not available to purchase under any State contracts or cooperative agreements to which the County is a member; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5(3), the Director of the Department of Parks and Recreation negotiated with David Zuidema Septic, Inc. to provide removal and carting of sewage services from County parks and Preakness Valley Golf at the following rates: Weekday Rate: $0.225 per gallon, Saturday Rate: $0.225 per gallon, Sunday Rate: $0.295 per gallon, Holiday Rate: $0.295 per gallon, Emergency Rate: $0.295 per gallon for the first year, and the following rates under an option year: Weekday Rate: $0.24 per gallon, Saturday Rate: $0.24 per gallon, Sunday Rate: $0.31 per gallon, Holiday Rate: $0.31 per gallon, Emergency Rate: $0.31 per gallon; and
WHEREAS, the Director of the Department of Parks and Recreation recommended that the Board authorize an award of contract to David Zuidema Inc., at the above rates, with a term commencing April 1, 2023 through March 31, 2025; and
WHEREAS, the Director of the Department of Parks and Recreation recommended that the Board authorize an appropriation in an amount not to exceed one hundred fifty thousand dollars ($150,000.00) to be used on an as-needed basis for the contract with David Zuidema Inc.; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5(3)(ii) the terms, conditions, restrictions, and specifications set forth in the contract were not substantially different from those which were the subject of competitive bidding; and
WHEREAS, Resolution No. R-23-0900 is hereby amended to reflect that the appropriation of one hundred fifty thousand dollars ($150,000.00) is per year; and
WHEREAS, funds are available in Account Nos. 5-01-198-001-213 and 4-01-28-198-001-213 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 2023 and/or subsequent years’ County budget(s), which is attached to and made part of this Resolution; and
WHEREAS, this matter was discussed at the June 4, 2025 meeting of the Public Works Committee and is being recommended to the Board for approval; and
NOW THEREFORE, LET IT BE RESOLVED, that all other terms and conditions set forth in Resolution No. R-23-0900, to the extent not inconsistent with this Resolution, shall remain in full force and effect.
LET IT BE FURTHER RESOLVED, that the Board of County Commissioners of the County of Passaic hereby authorizes an appropriation in an amount not to exceed one hundred fifty thousand dollars ($150,000.00) per year on an as-needed basis for the above contract with David Zuidema Septic, Inc.
LET IT BE FURTHER RESOLVED the Clerk to the Board shall print, in the official newspaper, a brief notice stating the nature, duration, service, and amount of the contracts to David Zuidema Inc. and maintain a copy of the resolution on file and available for public inspection in the Office of the Clerk to the Board; and
LET IT BE FURTHER RESOLVED that the Clerk to the Board, County Counsel, and the Director of the Board are authorized to take any other steps necessary to carry out the purpose of this resolution.
ZMQ June 17, 2025