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RESOLUTION SCHEDULING A PUBLIC HEARING ON JUNE 9, 2026 AT 5:15 PM TO RECEIVE PUBLIC COMMENTS ON PROPOSED AMENDMENTS TO THE COUNTY’S PROJECT LABOR AGREEMENT POLICY FOR PUBLIC WORKS CONTRACTS, PURSUANT TO N.J.S.A. 40A:11-25
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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, the County is committed to ensuring that construction contracts are awarded in an atmosphere that invites competition and guards against favoritism, improvidence, arbitrary conduct, extravagance, fraud and corruption, so as to secure the best work and supplies at the lowest cost practicable; and
WHEREAS, in furtherance of the County’s commitments, the Board adopted Resolution No. R-24-555 on June 25, 2024, adopting a Project Labor Agreement (“PLA”) for public works projects over five million dollars ($5,000,000.00), consistent with the Project Labor Agreement Act, codified at N.J.S.A. 52:38-1, et seq.; and
WHEREAS, since then, the County’s PLA policy has accomplished the twofold goal of retaining contractors with a skilled workforce and putting County residents to work on County public works projects; and
WHEREAS, P.L. 2025, c. 327 was recently signed into law, amending the Project Labor Agreement Act to eliminate the five-million-dollar ($5,000,000.00) PLA threshold, and allowing public entities to include the use of a PLA for public works projects of any size; and
WHEREAS, consistent with the amendments made by P.L. 2025, c. 327, the County Administrator is recommending that the County’s PLA policy be updated to authorize the use of a PLA for public works projects valued at three million dollars ($3,000,000.00) or greater, and allow the use of a PLA for public works projects valued under the threshold at the discretion of the Board, as set forth in the attached memorandum, which is made a part of this Resolution;
WHEREAS, pursuant to N.J.S.A. 40A:11-25, the Board may adopt a standard form of statement or questionnaire for bidders on public works contracts, in accordance with the procedure set forth therein; and
WHEREAS, N.J.S.A. 40A:11-25 further authorizes the Board to establish reasonable regulations appropriate for controlling the qualifications of prospective bidders upon contracts to be awarded on behalf of the County, by class or category of goods or services to be provided or performed, which may fix the qualifications required according to the financial ability and experience of the bidders and the capital and equipment available to them pertinent to and reasonably related to the class or category of goods or services to be provided or performed in the performance of any such contract, and may require each bidder to furnish a statement thereof; and
WHEREAS, in accordance with N.J.S.A. 40A:11-25, prior to adoption of any such regulations, a contracting unit shall submit them to a public hearing; and
WHEREAS, the Clerk to the Board shall keep a record of the proceedings and of the testimony of any citizen or prospective bidder and within ten (10) days after the completion of the hearing, the proposed regulations and a true copy of the hearing shall be forwarded to the Director of the Division of Local Government Services for the Director’s approval; and
WHEREAS, notice of the public hearing and a general description of the subject matter of the regulations to be adopted shall be published in no less than two newspapers circulating in the County, at least twenty (20) days before the hearing date; and
WHEREAS, the County Administrator is recommending that a public hearing be scheduled for June 25, 2024, at 5:15 PM in the Passaic County Administration Building, 401 Grand Street, Room 220, Paterson, New Jersey 07505 to receive public comments on the adoption of a
WHEREAS, on May 21, 2024, the Board passed Resolution No. R-24-407, scheduling a public hearing on June 9, 2026, at 5:15 PM in the Passaic County Administration Building to receive public comments on the proposed amendments to the County’s PLA policy; and
WHEREAS, this matter was discussed at the April 29, 2026, 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:11-25, the Board of County Commissioners of the County of Passaic authorizes and schedules a public hearing on June 9, 2026 at 5:15 PM in the Passaic County Administration Building to receive public comments on the proposed amendment of the County’s PLA policy to authorize the use of a PLA for public works projects valued at three million dollars ($3,000,000.00) or greater, and allow the use of a PLA for public works projects valued under the threshold at the discretion of the Board, as set forth in memorandum attached to and made a part of this Resolution.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board is authorized and directed to publish public notice of the above-described hearing, and a general description of the subject matter of the proposed amendments, on the Public Notices page of the County’s website.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board shall keep a record of the proceedings and of the testimony of any citizen or prospective bidder and within ten (10) days after the completion of the public hearing scheduled on June 9, 2026, the proposed regulations and a true copy of the hearing shall be forwarded to the Director of the Division of Local Government Services for the Director’s approval.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board, County Counsel, County Administrator, and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
NB May 12, 2026