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RESOLUTION RETAINING ERIC M. BERNSTEIN & ASSOCIATES, LLC TO PROVIDE OUTSIDE LEGAL SERVICES IN THE MATTER OF BARBARA CARR V. COUNTY OF PASSAIC, ET AL., DOCKET NO. PAS-L-2487-24, PURSUANT TO N.J.S.A. 40A:11-5 AND RFQ-26-032
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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 is a named defendant in Barbara Carr v. County of Passaic, et al., Docket No. PAS-L-2487-24, a matter pending in Superior Court, requiring retention of outside legal counsel; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5, et seq., on September 2, 2025, the Passaic County Purchasing Agent issued RFQ-26-032, Outside Legal Counsel (“RFQ-26-032”), seeking qualified law firms to provide outside legal services to the County in calendar year 2026; and
WHEREAS, on October 28, 2025, the Board passed Resolution No. R-25-993, qualifying a pool of outside legal counsel for calendar year 2026 to be hired on an as-needed basis and as recommended by the Passaic County Counsel, which included Eric M. Bernstein & Associates, LLC; and
WHEREAS, the Passaic County Counsel is recommending to retain Eric M. Bernstein & Associates, LLC to represent the County in the Carr matter, in an amount not to exceed fifty thousand dollars ($50,000.00); and
WHEREAS, pursuant to N.J.S.A. 52:32-60.1, et seq., Eric M. Bernstein & Associates, 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 that Eric M. Bernstein & Associates, 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 2026 and/or subsequent County budget(s), which is attached hereto and made part of this Resolution; and
WHEREAS, this matter was considered by the Administration and Finance Committee and is being recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-5, the Board of County Commissioners of the County of Passaic retains Eric M. Bernstein & Associates, LLC to represent the County of Passaic in Barbara Carr v. County of Passaic, et al., Docket No. PAS-L-2487-24, for an amount not to exceed fifty thousand dollars ($50,000.00), in accordance with the terms and conditions set forth in RFQ-26-032.
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 Eric M. Bernstein & Associates, 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 February 10, 2026