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RESOLUTION INCREASING LEGAL FEE AUTHORIZATION TO ERIC M. BERNSTEIN & ASSOCIATES, LLC FOR OUTSIDE LEGAL SERVICES IN THE MATTER OF SOLARO V. COUNTY OF PASSAIC, ET AL., DOCKET NO. PAS-L-160-22, PURSUANT TO N.J.A.C. 5:30-11.6 AND RFQ-24-038
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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 Solaro v. County of Passaic, et al., Docket No. PAS-L-160-22, a matter pending in Passaic County Superior Court, requiring retention of outside legal services; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5, et seq., on September 22, 2023, the Passaic County Purchasing Agent issued RFQ-24-038, Outside Legal Counsel (“RFQ-24-038”), seeking qualifications for a pool of outside legal counsel for 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 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 April 9, 2024, the Board passed Resolution No. R-24-296, qualifying a pool of law firms to serve as outside legal counsel for calendar year 2024, which included Eric M. Bernstein & Associates, LLC; and
WHEREAS, on August 10, 2021, the Board passed Resolution No. R20210727, retaining Eric M. Berstein & Associates, LLC to provide outside legal services in the Solaro matter, in an amount not to exceed seventeen thousand five hundred dollars ($17,500.00); and
WHEREAS, on March 22, 2022, the Board passed Resolution No. R-22-0213, increasing the legal fee authorization to Eric M. Bernstein & Associates, LLC, in an amount not to exceed seventy-five thousand dollars ($75,000.00); and
WHEREAS, on April 11, 2023, the Board passed Resolution No. R-23-0328, increasing the legal fee authorization to Eric M. Berstein & Associates, LLC, in an amount not to exceed eighty-two thousand five hundred dollars ($82,500.00); and
WHEREAS, the Passaic County Counsel is recommending to increase the legal fee authorization to Eric M. Bernstein & Associates, LLC, in an amount not to exceed fifty thousand dollars ($50,000.00); and
WHEREAS, pursuant to N.J.A.C. 5:30-11.6, the County can authorize contract modifications for professional services and extraordinary unspecifiable services, when the change is within the scope of activities of the original contract, and not for the purpose of undertaking new or different work or projects; 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 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 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 May 29, 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.A.C. 5:30-11.6, the Board of County Commissioners of the County of Passaic increases the legal fee authorization to Eric M. Bernstein & Associates, LLC for outside legal services in the matter of Solaro v. County of Passaic, et al., Docket No. PAS-L-160-22, in an amount not to exceed fifty thousand dollars ($50,000.00).
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.
SF June 11, 2024