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

Resolution of the City of Jersey City, N.J.
City Clerk File No. Res. 10-023
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Agenda No.
Approved: JAN 1 3 2010 ~ ~
RESOLUTION AUTHORIZING THE CITY OF JERSEY CITY TO ENTER IN ~ ~
TITLE: A PROFESSIONAL SERVICES AGREEMENT WITH GEORGE TAITE, ESQ.
REPRESENT POLICE OFFICERS STEVEN BECK, PEDRO CLA VERO, VICTOR
AND ANTHONY MOSCHELLA IN CONNECTION WITH VARIOUS MUNICIPAL
COURT MA TIERS
COUNCIL offered and moved adoption of the following resolution:
WHEREAS, by statu,te, N.I.S.A. 40A:14-155, a police officer is entitled to a defense in any
action or legal proceeding arising out of and directly related to the lawful exercise of police
powers in furtherance of official duties; and
WHEREAS, the Corporation Counsel has hitherto retained attorneys to represent police
officers in municipal court for a fixed fee not to exceed $250 for each officer; and
WHEREAS, attorney George Taite is presently representig Police Officers Steven Beck, Pedro
Clavero, Victor Cook and Anthony Moschella in municipal court in defense of disorderly
persons complaints fied against the officers by individuals whom the offcers arrested; and
WHEREAS, the cases are of some complexity and the venue has been changed to another
municipality requidng the offcers' attorney to make several appearances; and
WHEREAS, because of the complexity of the matter and the risk to the offcers, the
Corporation Counsel has agreed to retain the attorney under the fee schedule equivalent to that
paid to attorneys in civil matters; and
WHEREAS, special counsel agrees to provide these services at an hourly rate of $125.00 per
hour, including expenses, for a total amount not to exceed $10,000; and
WHEREAS, N.T.S,,&I'ì:4LA-20.4f1~. (the Pay-to-Play Law) took effect on January 1, 2006; and
WHEREAS, this contract is made in accordance with the "fair and open process" of the Pay-to-
Play Law; and
WHEREAS, the law firæ of DeLuca & Taite has completed and submitted a Business Entity
Disclosure Certification whiei'l certiies 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 will prohibit DeLuca & Taite from making any
reportable contributions during the term of the contract; and
WHEREAS, DeLuca & Taite has submitted a Chapter 271 Political Contribution Disclosure
Certification at least 10 days prior to the award of this contract; and
WHEREAS, DeLuca & Taite has submitted its Certification of Compliance with the City's
Contractor Pay-to-Play Reform Ordinance 08-128 adopted on September 3,2008; and
WHEREAS, fuds are available for the cost of these services in Account No.: 10-14-298-56-000-
856.
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