Purchasing Resolution No. RESOLUTION AUTHORIZING SOFTWARE by SillyWoodcock

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									                                                                Purchasing
                                                                Resolution No.: _______


            RESOLUTION AUTHORIZING SOFTWARE MAINTENANCE
                AND SUPPORT CONTRACT WITH NETSMART
                 NEW YORK, INC., FOR THE DEPARTMENT
                  OF CORRECTIONS & YOUTH SERVICES
               FOR THE PERIOD OF 7/1/09 THROUGH 12/31/09


       WHEREAS, the Monmouth County Department of Corrections & Youth

Services utilizes a jail management system (the “System”) which is proprietary to

Netsmart New York, Inc. (“Netsmart”), formerly Creative Socio-Medics Corp.; and

       WHEREAS, the County requires maintenance and support of the System for

the period of July 1, 2009 through December 31, 2009; and

       WHEREAS, Netsmart has offered to provide the necessary maintenance and

support at a cost of $32,592.50; and

       WHEREAS, contracts for the support of existing proprietary computer software

are exempt from public bidding, in accordance with N.J.S.A. 40A:11-5(1)(dd); and

       WHEREAS, Jeffrey W. Sauter, Business Administrator for the Office of the

Sheriff, has verified that the system is proprietary; and

       WHEREAS, this Board is permitted by law (N.J.S.A. 19:44A-20.2, et seq.) to

authorize a contract without publicly advertised competition if the contract is likely to

exceed $17,500.00 or if the contract, when combined with other contracts entered

into during the year with the same contractor, is likely to exceed $17,500.00 in the

aggregate, so long as (a) the contract is exempt from public bidding under the Local

Public Contracts Law and (b) the contractor, as defined in the law, (i) has not made
certain political contributions for one year preceding the award of a contract, (ii) will

not make any such political contributions during the term of the contract and (iii) has

filed a disclosure of certain political contributions made during the past 12 months;

and

       WHEREAS, Netsmart has provided a written certification that it has not made

and will not make any prohibited political contributions and it has also filed the

required Political Contribution Disclosure Form.

       NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders

of the County of Monmouth that the Director and Clerk of the Board be and they are

hereby authorized to execute a contract with Netsmart to provide software

maintenance and support of the System for the period of July 1, 2009 through

December 31, 2009, at a cost of $32,592.50.

       BE IT FURTHER RESOLVED that Netsmart shall comply with the Equal

Employment Opportunity requirements of N.J.S.A. 10:5-31, et seq. (N.J.A.C. 17:27).

       BE IT FURTHER RESOLVED that the attached certification of the Chief

Financial Officer has been filed with the Clerk of the Board, stating that funds are

available in the 2009 budget, in the following line item and amount:

                2009-01-25-280-010-323                  $32,592.50
                       RECORD OF VOTE
FREEHOLDERS     YES   NO   ABSTAIN ABSENT   MOVED   SECOND
Mrs. Burry
Mr. Clifton
Mrs. Mallet
Mr. D'Amico
Mrs. McMorrow

								
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