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RESOLUTION AUTHORIZING PURCHASE OF A 200 GALLON SERIES J PROVER AND RELATED EQUIPMENT FROM PEMBERTON FABRICATORS INC. FOR THE OFFICE OF WEIGHTS AND MEASURES, PURSUANT TO N.J.S.A. 40A:11-4 AND SB-26-041.
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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 Department of Health Services (“Department”) is responsible for protecting and promoting the health of approximately 525,000 County residents; and
WHEREAS, pursuant to N.J.S.A. 40A:11-4. 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 June 30, 2026, the Purchasing Agent issued SB-26-041, 200 Gallon Series J Prover or Equivalent for Passaic County Weights and Measures Department (“SB-26-41”), in compliance with N.J.S.A. 40A:11-4, soliciting competitive pricing from qualified vendors for the goods and services sought therein; and
WHEREAS, on July 10, 2026, the Purchasing Agent unsealed responses received to SB-25-041, and Pemberton Fabricators Inc. was determined to be the lowest responsible bidder; and
WHEREAS, the Director of the Department is recommending the purchase of a 200-Gallon Series J Prover and related equipment from Pemberton Fabricators Inc., for use by the Department’s Office of Weights and Measures, for a total amount not to exceed forty-four thousand one hundred and fifty-eight dollars ($44,158.00); and
WHEREAS, pursuant to N.J.S.A. 19:44A-20.4, this contract is being awarded under a fair and open procurement process, which requires that a contract be: publicly advertised in sufficient time to give notice in advance of the contract; awarded under a process that provides for public solicitation of proposals or qualifications; awarded and disclosed under criteria established in writing by the public entity prior to the solicitation of proposals or qualifications; and publicly opened and announced when awarded; and
WHEREAS, pursuant to N.J.S.A. 52:32-60-1, et seq., Pemberton Fabricators Inc. executed the Non-Involvement in Prohibited Activities in Russia or Belarus Certification, attached hereto and made part of this Resolution, certifying that it is not involved in prohibited activities in Russia and Belarus, and the County confirmed that Pemberton Fabricators Inc. 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. T-20-56-880-001-801 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 July 29, 2026, meeting of the Health and Human Services Committee, and is being recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-4, the Board of County Commissioners of the County of Passaic hereby authorizes the purchase of a 200 Gallon Series J Prover and related equipment from Pemberton Fabricators Inc., for use by the Department of Health’s Office of Weights and Measures, for a total amount not to exceed forty-four thousand one hundred and fifty-eight dollars ($44,158.00), all in accordance with the terms of SB-26-041 and the vendor’s response thereto.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board, County Counsel, Purchasing Agent, Director of the Department, and Director of the Board are authorized to take any other steps necessary to carry out the purpose of this Resolution.
NB August 11, 2026