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

City Clerk File No.
Agenda No.
Approved:
TITLE:
Res. 10-024
10.X
JAN i 3 2010
RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH RONALD GUTWIRTH, ESQ. TO REPRESENT
VARIOUS POLlCE OFFICERS IN CONNECTION WITH THE MA TIER
OF CARL CARABALLO-DEGNAN V. CITY OF JERSEY CITY, ET AL.
WHEREAS, a complait has been fied in the United States District Court of New Jersey
against the City of Jersey City, the Jersey City Police Department and Police Officers
Martha Rodriguez, David Valente, Steven Becht, Rodrigo Bustamante and Michael
Szymanski alleging violation of his civil rights, excessive force, assault and battery and
false arrest; and
WHEREAS, Ronald Gutwirth, Esq. was previously retained to represent Police Officers
Martha Rodriguez, David Valente, Steven Becht, Rodrigo Bustamante and Michael
Szymanski in ths matter; and
WHEREAS, this matter has yet to be concluded and contiues to be litigated; and
WHEREAS, N.I.S.A. 40A:1l-15 requires that the representation agreement be
reauthorized; and
WHEREAS, Ronald Gutwirth, Esq., possesses the skills and expertise to perform these
services; and
WHEREAS, special counsel agrees to provide these servces at an hourly rate of $125.00
per hour, including expenses, for a total amount not to exceed $18,000; and
WHEREAS, N.I.S.A. 19:44-20.4 et seq. (the "Pay-to-Play Law") took effect on January
1,2006; and
WHEREAS, in March 2009, the City publicly advertsed a Request for Qualification
(RFQ) using the "fair and open process" as described under the Pay-to-Play Law; and
WHEREAS, Ronald Gutwrth, Esq. submitted a Qualfication Statement in response to
the Citys RFQ; and
WHEREAS, this contract is made in accordance with the "fair and open process" of the
Pay-to-Play Law; and
WHEREAS, Ronald Gutwirth, Esq. has completed and submitted a Business Entity
Disclosure Certication which certies that he has not made any reportable
contributions to the political or candidate committees listed in the Business Entity
Disclosure Certiication in the previous one year, and that the contract wil prohibit Mr.
Guthwirth from makig any reportable contributions during the term of the contract;
and
WHEREAS, Ronald Gutwrth, Esq. has submitted its Certication of Compliance with the
City's Contractor Pay-to-Play Reform Ordinance 08-128 adopted on September 3, 2008;
and