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RESOLUTION RETAINING DILWORTH PAXSON, LLP TO SERVE AS BOND COUNSEL FOR THE CENTRAL HIGH SCHOOL REDEVELOPMENT PROJECT, PURSUANT TO N.J.S.A. 40A:11-5, ET SEQ. AND RFQ-24-039
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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, pursuant to N.J.S.A. 40A:11-5, et seq., on September 22, 2023, the Passaic County Purchasing Agent issued RFQ-24-039, Bond Counsel (“RFQ-24-039”), seeking qualified law firms to serve as bond counsel in calendar year 2024; and
WHEREAS, pursuant to N.J.S.A. 19:44A-20.4, the County’s request for qualifications is a fair and open process, specifically, the request for qualifications for a pool of bond counsel for calendar year 2024 is publicly advertised, awarded under a process that provides for public solicitation of qualifications, established the basis of an award and disclosure process documented in writing prior to any solicitation, and is publicly opened and announced when awarded; and
WHEREAS, on December 12, 2023, the Board passed Resolution No. R-23-1124, qualifying a pool of bond counsel for calendar year 2024 to be hired on an as-needed basis and as recommended by the Passaic County Counsel, which included Dilworth Paxson, LLP; and
WHEREAS, the Passaic County Counsel is recommending to retain Dilworth Paxson, LLP to serve as bond counsel for the Central High School Redevelopment Project, in an amount not to exceed twenty thousand dollars ($20,000.00); and
WHEREAS, pursuant to N.J.S.A. 52:32-60.1, et seq., Dilworth Paxson, LLP executed the Non-Involvement in Prohibited Activities in Russia or Belarus Certification, attached hereto and made part of this Resolution, certifying the law firm is not involved in prohibited activities in Russia and Belarus, and the County confirmed Dilworth Paxson, LLP 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. 4-01-20-102-001-233, 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 2024 and/or subsequent County budget(s), which is attached hereto and made part of this Resolution; and
WHEREAS, this matter was discussed at the July 3, 2024 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:11-5(1)(a)(i), the Board of County Commissioners of the County of Passaic retains Dilworth Paxson, LLP to serve as bond counsel for the Central High School Redevelopment Project, in an amount not to exceed twenty thousand dollars ($20,000.00), in accordance with the terms and conditions set forth in RFQ-24-039.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board shall print, in the official newspaper, a brief notice stating the nature, duration, service, and amount of the contract awarded to Dilworth Paxson, LLP, and maintain a copy of this Resolution on file and available for public inspection in the Office of the Clerk to the Board.
LET IT BE FURTHER RESOLVED, that the Clerk of 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.
SF July 16, 2024