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RESOLUTION RETAINING PEM LAW LLP TO PROVIDE OUTSIDE LEGAL SERVICES IN THE MATTER OF MAIA-CUSICK, ET AL. V. SOLLAMI-COVELLO, ET AL., DOCKET NO. BUR-L-704-24, PURSUANT TO N.J.S.A. 40A:11-5 AND RFQ-24-072
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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 Clerk, in her official capacity, was a named defendant in Shirley Maia-Cusick, et al. v. Paula Sollami-Covello, et al., Docket No. BUR-L-704-24, a matter in Superior Court, requiring retention of outside legal counsel; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5, et seq., on April 15, 2024, the County Purchasing Agent issued RFQ-24-072, Expand Pool Outside Legal Counsel (“RFQ-24-072”), seeking to expand the pool of law firms qualified to provide outside legal services to the County in calendar year 2024; and
WHEREAS, pursuant to N.J.S.A. 19:44A-20.4, the County’s request for qualifications was a fair and open process, specifically, the request for qualifications for a pool of outside legal 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 May 21, 2024, the Board passed Resolution No. R-24-388, qualifying a pool of outside legal counsel for calendar year 2024 to be hired on an as-needed basis and as recommended by the Passaic County Counsel, which included PEM Law LLP; and
WHEREAS, the Passaic County Counsel is recommending that the Board authorize and ratify the retention of PEM Law LLP to represent the County in the Maia-Cusick matter, and to authorize the payment of legal fees to PEM Law LLP in the amount of four thousand two hundred seventeen dollars and fifty cents ($4,217.50); and
WHEREAS, pursuant to N.J.S.A. 52:32-60.1, et seq., PEM Law 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 that said law firm 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-20-56-880-003-801, or any 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 March 26, 2025 Administration and Finance Committee meeting, and is being recommended to the Board for approval.
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 authorizes and ratifies the retention of PEM Law LLP to represent the County of Passaic in Maia-Cusick, et al. v. Paula Sollami-Covello, et al., Docket No. BUR-L-704-24, and authorizes the payment of legal fees to PEM Law LLP in the amount of four thousand two hundred seventeen dollars and fifty cents ($4,217.50), in accordance with the terms and conditions set forth in RFQ-24-072.
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 PEM Law 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, and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
NB April 8, 2025