Year 2010 temporary budget to make available the ... - Jersey City

Resolution of the City of Jersey City, N.J.
City Clerk File No.
Agenda No.
Res. 10-022 ~ 1 EMis
1O.Y
Approved: JAN 1 3 2010
TITLE: RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEME c
WITH THE FIRM OF SCARINCI & HOLLENBECK TO REPRESENT THE CIT
OF JERSEY CITY IN CIVIL RIGHTS LITIGATION
COUNCIL offered and moved adoption of the following resolution:
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WHEREAS, the City of Jersey City and several police officers and supervisors are defendants
in civil rights cases now pending in the Superior Court of New Jersey and the United States
District Court and Court of Appeals; and
WHEREAS, because the plaintiffs are seeking to hold the police officers personally liable and
because ethical rules governig the representation by muncipal attorneys in some cases
prohibit the Corporation Counsel from representing the City and individual police officers; and
WHEREAS, the City of Jersey City maintains excess general liability insurance that includes
payment of legal fees once the self-insured retainage amount has been reached in certain cases;
and
WHEREAS, the Corporation Counsel has determined that it is necessary to engage outside
counsel to represent individual Police Officers in these matters; and
WHEREAS, Scarinci & Hollenbeck, 1100 Valleybrook Avenue, PO Box 790, Lyndhurs, New
Jersey 07071 has been previously retained in the matters of Revell v. City of Tersey City, et al.
Soberal v. City of Tersey City, et al and Wilson v. City of Tersey City, et aL.; and
WHEREAS, Scarinci & Hollenbeck has agreed to perform these services at an hourly rate of
$125.00 per hour, including expenses, for a total amount not to exceed $75,000; and
WHEREAS, N.I.S.A.19:44A-20.4 el §g. (the Pay-to-Play Law) took effect on January 1, 2006; and
WHEREAS, in March 2009, the City publicly advertised a Request for Qualifications (RFQ) using
the "fair and open process" as described under the Pay-to-Play Law; and
WHEREAS, Scarinci & Hollenbeck, Esqs. submitted a Qualification Statement in response to
the City's RFQ and
WHEREAS, this contract is made in accordance with the "fair and open process" of the Pay-to-
Play Law; and
WHEREAS, the law firm of Scarinci & Hollenbeck has completed and submitted a Business
Entity Disclosure Certification which certifies that he has not made any reportable
contributions to the political or candidate committees listed in the Business Entity Disclosure
Certification in the previous one year, and that the contract wil prohibit Scarinci & Hollenbeck
from making any reportable contrbutions during the term of thè contract; and
WHEREAS, Scarinci & Hollenbeck has submitted its Certification of Compliance with the Citýs
Contractor Pay-to-Play Reform Ordinance 08-128 adopted on September 3, 2008; and
WHEREAS, the Citys's self-inured retention theshold of $250,000 in Soberal v.. City of Tersey
City, et aL. and $400,000 in Wilson v. City of Tersey City, et aL. have been reached; and
WHEREAS, fuds are available for the cost of these services in Account No.: 10-14-298-56-000-
856; and