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RESOLUTION INCREASING THE LEGAL FEE AUTHORIZATION TO WISNIEWSKI & ASSOCIATES, LLC FOR OUTSIDE LEGAL SERVICES IN THE MATTERS OF CAMEL V. PASSAIC COUNTY SHERIFF’S OFFICE, ET AL., DOCKET NO. PAS-L-3321-21 AND NUNEZ V. COUNTY OF PASSAIC, ET AL., DOCKET NO. PAS-L-38-23, PURSUANT TO N.J.A.C. 5:30-11.6, ET SEQ. AND RFQ-24-066
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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., the Passaic County Purchasing Agent issued RFQ-24-066, Expand Pool Outside Legal Counsel (“RFQ-24-066”), seeking qualifications for a pool of outside legal counsel to provide professional services to the County, as needed during 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 was 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 was publicly opened and announced when awarded; and
WHEREAS, on April 9, 2024, the Board passed Resolution No. R-24-276, expanding the 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 Wisniewski & Associates, LLC; and
WHEREAS, the Passaic County Sheriff’s Office, Michael Tolerico and Warden Mario Recinos are named defendants in Camel v. Passaic County Sheriff’s Office, et al., Docket No. PAS-L-3321-21, a matter pending in Superior Court, requiring retention of outside legal counsel; and
WHEREAS, on December 14, 2021, the Board passed Resolution No. R20211126, retaining Wisniewski & Associates, LLC to provide outside legal services in the matter of Camel v. Passaic County Sheriff’s Office, et al., Docket No. PAS-L-3321-21, in an amount not to exceed one hundred thousand dollars ($100,000.00), which was subsequently increased to two hundred thousand dollars ($200,000.00) on December 28, 2023 when the Board passed Resolution No. R-23-1204; and
WHEREAS, the Passaic County Counsel is recommending to increase the legal fee authorization to Wisniewski & Associates, LLC, in an amount not to exceed one hundred thousand dollars ($100,000.00) to provide legal services in the Camel matter, for a total contract award not to exceed three hundred thousand dollars ($300,000.00); and
WHEREAS, the County and Amanda Podczerwinski are named defendants in Nunez v. County of Passaic, et al., Docket No. PAS-L-38-23, a matter pending in Superior Court, requiring retention of outside legal counsel; and
WHEREAS, on July 18, 2023, the Board passed Resolution No. R-23-660, retaining Wisniewski & Associates, LLC to provide outside legal services in the matter of Nunez v. County of Passaic, et al., Docket No. PAS-L-38-23, in an amount not to exceed forty thousand dollars ($40,000.00); and
WHEREAS, the Passaic County Counsel is recommending to increase the legal fee authorization to Wisniewski & Associates, LLC, in an amount not to exceed fifty thousand dollars ($50,000.00) to provide legal services in the Nunez matter, for a total contract award not to exceed ninety thousand dollars ($90,000.00); 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, 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 December 18, 2024 Administration and Finance Committee meeting, and is being recommended to the Board for approval.
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 Wisniewski & Associates, LLC to provide outside legal services in the matter of Camel v. Passaic County Sheriff’s Office, et al., Docket No. PAS-L-3321-21, in an amount not to exceed one hundred thousand dollars ($100,000.00), for a total contract award not to exceed three hundred thousand dollars ($300,000.00).
LET IT BE FURTHER 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 Wisniewski & Associates, LLC to provide outside legal services in the matter of Nunez v. County of Passaic, et al., Docket No. PAS-L-38-23, in an amount not to exceed fifty thousand dollars ($50,000.00), for a total contract award not to exceed ninety thousand dollars ($90,000.00).
LET IT BE FURTHER RESOLVED, that the Clerk to the Board shall print, in the official newspaper, a brief notice stating the nature, duration, service, and amount of the contract awarded to Wisniewski & 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 to 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 December 30, 2024