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RESOLUTION AWARDING ADDITIONAL LEGAL FEE AUTHORIZATION TO BUGLIONE, HUTTON & DEYOE, LLC TO PROVIDE LEGAL SERVICES IN THE MATTER OF ROJAS-MARTINEZ V. COUNTY OF PASSAIC, ET AL., DOCKET NO. PAS-L-3121-18, PURSUANT TO N.J.S.A. 40A:11-5, ET SEQ. 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 of Passaic and Michael L. McLaughlin are named defendants in Rojas-Martinez v. County of Passaic, et al., Docket No. PAS-L-3121-18, 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 22, 2023, the Passaic County Purchasing Agent issued RFQ-24-038, Outside Legal Counsel (“RFQ-24-038”), seeking qualified law firms 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 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 December 12, 2023, the Board passed Resolution No. R-23-1123, 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 Buglione Hutton & DeYoe, LLC; and
WHEREAS, on November 20, 2018, the Board passed Resolution No. R20180908, retaining Buglione Hutton & DeYoe, LLC to provide outside legal services in the Rojas-Martinez matter, in an amount not to exceed seventeen thousand five hundred dollars ($17,500.00); and
WHEREAS, the Passaic County Counsel is recommending an additional legal fee authorization to Buglione Hutton & DeYoe, LLC, in an amount not to exceed thirty thousand dollars to represent the County defendants in the Rojas-Martinez matter; and
WHEREAS, pursuant to N.J.S.A. 52:32-60-1, et seq., Buglione Hutton & DeYoe, 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 Buglione Hutton & DeYoe, 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 March 13, 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.S.A. 40A:11-5(1)(a)(i), the Board of County Commissioners of the County of Passaic approves an additional legal fee authorization to Buglione Hutton & DeYoe, LLC to represent the County of Passaic and Michael L. McLaughlin in Rojas-Martinez v. County of Passaic, et al., Docket No. PAS-L-3121-18, in an amount not to exceed thirty thousand dollars ($30,000.00).
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 Buglione Hutton & DeYoe, 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 March 26, 2024