title
RESOLUTION TO RATIFY THE INCREASE OF AN EMERGENCY CONTRACT WITH MOXFIVE LLC FOR ADDITIONAL SERVICES NEEDED IN RESPONSE TO THE RANSOMWARE EVENT EXPERIENCED BY THE COUNTY IN MARCH 2026, PURSUANT TO SECTION 5.4 OF THE PASSAIC COUNTY ADMINISTRATIVE CODE AND N.J.S.A. 40A:11-6
body
WHEREAS, the County of Passaic (hereafter “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 (hereafter “Board”) is vested with managing the property, finances, and affairs of the County; and
WHEREAS, on or about March 4, 2026, following the identification of suspicious activity within the County’s network environment, the County’s network-including phone systems, computers, and internet-became inoperable (“Ransomware Event”); and
WHEREAS, N.J.S.A. 40A:11-6 provides that during times of emergency any contract may be negotiated or awarded for a contracting unit without public advertising for bids and bidding when an emergency affecting the public health, safety or welfare requires the immediate delivery of goods or the performance of services; and
WHEREAS, in accordance with Section 5.4 of the Passaic County Administrative Code which sets forth emergency powers, the County Administrator is empowered to enter contracts for goods or services needed to preserve the health, safety and welfare of the public, subject to ratification of the Board; and
WHEREAS, on April 28, 2026, the Board adopted Resolution No. R-26-0323, ratifying emergency contracts entered by the County Administrator with various vendors for services needed for the County’s response to the Ransomware Event, including an emergency contract with MOXFIVE LLC for a total amount not to exceed one hundred fifty-seven thousand six hundred and twenty-five dollars ($157,625.00); and
WHEREAS, as set forth in the attached memorandum, pursuant to N.J.S.A. 40A:11-6 and the emergency powers vested in him, the County Administrator authorized an increase of the emergency contract with MOXFIVE LLC to encompass additional services needed as part of the County’s response to the Ransomware Event, for an amount not to exceed one hundred forty-six thousand seven hundred sixty dollars and forty-six cents ($146,760.46), resulting in a new total amount not to exceed three hundred and four thousand three hundred eighty-five dollars and forty-six cents ($304,385.46); and
WHEREAS, the County expects that the cost of this contract will be covered by its cybersecurity insurance policy, however, pending resolution of its insurance claim, the County is responsible for rendering payment; and
WHEREAS, pursuant to N.J.S.A. 52:32-60-1, et seq., MOXFIVE LLC executed the Non-Involvement in Prohibited Activities in Russia or Belarus Certification, attached hereto and made part of this Resolution, certifying that it is not involved in prohibited activities in Russia and Belarus, and the County confirmed that MOXFIVE 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 years’ County budget(s), which is attached to and made part of this Resolution; and
WHEREAS, the matter was discussed at the July 1, 2026 Administration and Finance Committee meeting, and is being recommended to the Board for ratification.
NOW, THEREFORE, LET BE IT RESOLVED, pursuant to N.J.S.A. 40A:11-6 and section 5.4 of the Passaic County Administrative Code, the Board of County Commissioners of the County of Passaic ratifies an increase of the emergency contract with MOXFIVE LLC to encompass additional services needed as part of the County’s response to the Ransomware Event, as outlined in the attached memorandum, for an amount not to exceed one hundred forty-six thousand seven hundred sixty dollars and forty-six cents ($146,760.46), resulting in a new total amount not to exceed three hundred and four thousand three hundred eighty-five dollars and forty-six cents ($304,385.46).
LET IT BE FURTHER RESOLVED, that all payments for the goods provided and services performed under this contract shall be paid in accordance with N.J.S.A. 40A:11-6(b).
NB July 14, 2026