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RESOLUTION RETAINING CLEARY GIACOBBE ALFIERI JACOBS, LLC TO CONDUCT INTERNAL EMPLOYEE INVESTIGATIONS IN CALENDAR YEAR 2025, PURSUANT TO N.J.S.A. 40A:11-5 AND RFQ-25-046
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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 requires qualified law firms to conduct internal employee investigations on an as-needed basis during calendar year 2025; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5, et seq., on October 16, 2024, the Passaic County Purchasing Agent issued RFQ-25-046, Outside Labor Counsel, Workplace Investigations, and Employment Training (“RFQ-25-046”), seeking qualifications for a pool of outside labor counsel for calendar year 2025, to be hired on an as-needed basis and as recommended by the Passaic County Counsel; 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 outside labor counsel for calendar year 2025 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 10, 2024, the Board passed Resolution No. R-24-1174, qualifying a pool of outside labor counsel for calendar year 2025 to be hired on an as-needed basis and as recommended by the Passaic County Counsel, which included Cleary Giacobbe Alfieri Jacobs, LLC; and
WHEREAS, the Passaic County Counsel is recommending to retain Cleary Giacobbe Alfieri Jacobs, LLC to conduct internal employee investigations in calendar year 2025, in an amount not to exceed seventy-five thousand dollars ($75,000.00); and
WHEREAS, pursuant to N.J.S.A. 52:32-60.1, et seq., Cleary Giacobbe Alfieri Jacobs, LLC 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 Cleary Giacobbe Alfieri Jacobs, LLC 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-19-56-850-000-801 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 2025 and/or subsequent County budget(s), which is attached hereto and made part of this Resolution; and
WHEREAS, this matter was discussed at the January 15, 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 retains Cleary Giacobbe Alfieri Jacobs, LLC to conduct internal employee investigations, as needed during calendar year 2025 and as recommended by the Passaic County Counsel, in an amount not to exceed seventy-five thousand dollars ($75,000.00), in accordance with the terms and conditions set forth in RFQ-24-046.
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 Cleary Giacobbe Alfieri Jacobs, LLC 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 January 21, 2025