Resolution of the City of Jersey City, N.J.

Resolution of the City of Jersey City, N.J.CitY Clerk File No.Agenda No.Approved:TITLE:Res. 09-8721O.AOCT 28 2009°0 ~~~PORAL"'''RESOLUTION AUTHORIZING AN EMERGENCY TEMPORARYAPPROPRIATIONCOUNCILadoption of the following resolution:offered and movedWHEREAS, it is necessary to provide an additional appropriation in the FiscalYear 2010 temporary budget to make available the money necessary for thecontinuance of City services during the temporary budget period, andWHEREAS, no adequate provision has been made in the Fiscal Year 2010temporary budget for the aforesaid purpose, and N.J.SA 40A:4-20 provides for thecreation of an emergency temporary appropriation for thé purpose mentioned above,andWHEREAS, the total temporary budget resolutions adopted in Fiscal Year 201 0pursuant to the provisions of N.J.SA 40A:4-19,20, including this resolution, totals$285,765,030.NOW THEREFORE, BE IT RESOLVED by the Municipal Council of the City ofJersey City (not less than two thirds of all members thereof affrmatively concurring) thatin accordance with the aforementioned statutes;1. An emergency temporary appropriation is hereby created for:FROM TO20-12320-14520-14625-26527-33321-18130-41129-390MUNICIPAL COUNCIL OETAX COLLECTOR OEABATEMENT MANAGEMENT OEFIRE DEPARTMENT OECLINICAL SERVICES OEPLANNING BOARDOTHER MUNICIPAL ADVERTISINGFREE PUBLIC LIBRARYBODY ARMOR REPLACEMENTCCTVSTATE HEALTH SERVICE (H1N1)PEER GROUPING GRANT25,00070,000700750,00023,00020,8255,0003,500,000oooo29,00080,0001,400786,00035,00040,82513,0005,000,00017,6543,122,500493,30645,000

Continuation of ResolutionRes. 09-872City Clerk File No.Agenda No. 10.APg.#2TITLE:RESOLUTION AUTHORIZING AN EMERGENCY TEMPORARYAPPROPRIATION2. Said emergency temporary appropriation will be provided for inthe Fiscal Year 2010 Municipal Budget.~/',APPROVED ASTO LEGAL FORMCertification Required D, ,Corporation CounselNot RequiredAPPROVED 9-0RECOI\D OF COUNCIL VOTE ON FiNAL PASSAGE 10/28/0COUNCILPERSON AYE NAY N.V, ' COUNCILPERSON AYE NAY N.V, COUNCILPERSON AYE NAY N:V.SOTTOLANO ./ GAUGHAN "/.'BRENNAN /DONNEllY ./ FULOP ./ , FLOOD. /lOPEZ ,/ . RICHARDSON i/ VEGA. 7. ,l Indicates Vote N.V.-NotVoting (Abstain)~, op ata meetin~ ~ Municipal Councilofthe ~ity of JerseyCity N.J. , .' .' .... . .~ 11 V¡¿ ." . ~~.Peter M. Brennan. PnesidentofCouncil . . ',' . Rõbe. C~D.l

~.City Clerk File No. Res. 09-873Agenda No. lO.BApproved: OCT 2 8 2009TITLE:RESOLUTION AUTHORIZING AN AMENDMENT TO AN AFFORDABLE HOUSINGAGREEMENT WITH THE DEVELOPER JP AFFORDABLE HOUSING HOLDING COMPAN,INC., (PHASE I), TO ENABLE THE OWNERS OFTWO FAMILY HOMES TO CHAGE A FIXDBASE RENT RATHER THAN A RENT BASED ON THE TENANT'S INCOMEWHEREAS, the City of Jersey City (City) entered into a twenty (20) year Affordable HousingAgreement with JP Affordable Housing Holding Company, Inc. (JPAH), Phase I, to construct andsell twenty-two (22) two-family dwellngs for a total offort-four units of affordable housing at theaddresses listed on Exhibit "A" attached hereto; andWHEREAS, the Affordable Housing Agreement requires that the purchaser of a two-family homereside in one unit and rent the second unit to an income qualified tenant at a rental rate not to exceedmore than 30% ofa tenant's anual family income; andWHEREAS, the homeowners listed on Exhibit "A" are the successors in interest to the AffordableHousing Agreement with JP AH; andWHEREAS, the current restrictions tying rents to tenant incomes result in unpredictable fluctuationsin rents which could jeopardize the financial viability of the affordable housing unit; andWHEREAS, the City desires to amend the Affordable Housing Agreement to allow homeownersto charge a fixed based rent that will be permitted to increase anually; andWHEREAS, to accomplish this purpose it is necessary to amend Section Il(B)(l)(b) of theAffordable Housing Agreement to establish a new base rent that will allow for anual incrementsbased on the Home Program Rent Limits published in the Federal Register.NOW, THEREFORE BE IT RESOLVED, by the Municipal Council ofthat:the City of Jersey City1. Section Il(B)(I)(b) is amended to establish the base rents listed on Exhibit "A" attachedhereto and incorporated herein by reference for 2009; and2. The homeowners shall be permitted to increase the base rents anually upon recertifyingtenants.RRcwPPR:=AS TQ I :5~ORMCertification Required 0Corporation CounselNot Required D. APPROVED 9 - 0RECORD OF COUNCIL VOTE ON FINAL PASSAGE 10128/09COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO i/,GAUGHAN i/ BRENNAN /DONNELLY ,I FULOP .I, FLOOD ,/LOPEZ ./ RICHARDSON I VEGA, i/,l Indicates Vote N.V.-Not Voting (Abstain)~at a meeting of th~eipai cou, neil of the City of Jersey City, N.J.l. ¿; tl U/lPeter M. Brennan. President of Council

Exhibit" A"JP Affordable Housing Holding Company, Inc. Phase IAddress Owner Current Monthly New MonthlyTenant Rent Tenant Rent407 Pacific Avenue Grace Akele Vacant $924.00364 Halliday Street Felicitas Aliyas$715.00 $858.00378 Halliday Street Magdi & Mariam Botros $650.00 $780.00372 Halliday Street Maryann Carter-Ortiz399 Pacific Avenue Jean Derosiers391 Pacific Avenue Joseph Felusme124 Maple Street Lena Francis383 Pacific Avenue Gem James366 Halliday Street Regina Kallon360 Hallday StreetJohn McRae114 Maple Street Julio Mendez379 Pacific Avenue Saida Mercedes387 Pacific Avenue Emile & Elda Nathan386 Halliday Street Beatrice Njoku393 Pacific Avenue Michele O'Neil359 Johnston Avenue Henr and Iris Ortiz369 Johnston Avenue Valentina Polanco409 Pacific Avenue Garcia & Jesus Reyes401 Pacific Avenue Jeanot Romulus376 Hallday Street Alberto Trubbo382 Halliday Street Sylvia Vera354 Halliday Street Christopher Waiters$547.00 $656.40$699.00 $839.70$552.00 $662.40$309.00 $370.80$627.00 $752.40$718.00 $861.80$559.00 $677.80$561.00. '$673.20$452.00 $542.40$715.00 $858.00$757.00 $908.40$408.00 $489.60$890.00 $924.00$878.00 $924.00$365.00 $438.00$733.00 $879.60.$625.00 $750.00$840.00 $924.00$765.00 $918.00

City Clerk File No. Res.Agenda No. lO.eApproved: OCT 2 8 2009TITLE:RESOLUTION AUTHORIING AN AMENDMENT TO AN AFFORDABLEHOUSING AGREEMENT WITH THE DEVELOPERJP AFFORDABLE HOUSINGHOLDING COMPANY, INC., (PHASE II) TO ENABLE THE OWNERS OF TWO-FAMILY HOMES TO CHAGE A FIXED BASED RENT RATHER THAN A RENTBASE: ON THE TENANT'S INCOMEWHEREAS, on or about October 1992, the City of Jersey City (City) entered into a twenty (20) yearAffordable Housing Agreement with JP Affordable Housing Holding Company, Inc. (JP AH), Phase11, to construct and sell twenty-one (2 i) two-family dwellings for a total of forty-two units ofaffordable housing at the addresses listed on Exhibit "A" attached hereto; andWHEREAS, the Affordable Housing Agreement requires that the purchaser of a two-family homereside in one unit and rent the second unit to an income qualified tenant at a rental rate not to exceedmore than 30% of a tenant's anual family income; andWHEREAS, the homeowners listed on Exhibit "A" are the successors in interest to the AffordableHousing Agreement with JP AH dated October 1992; andWHEREAS, the curent restrctions tying rents to tenant incomes result in unpredictable fluctuationsin rents which could jeopardize the financial viability of the affordable housing unit; andWHEREAS, the City desires to amend the Affordable Housing Agreement to allow homeownersto charge a fixed based rent that will be permitted to increase annually; andWHEREAS, to accomplish this purpose it is necessar to amend Section II(B)( i )(b) of theAffordable Housing Agreement to establish a new base rent that will allow for anual incrementsbased on the Home Program Rent Limits published in the Federal Register.NOW, THEREFORE BE IT RESOLVED, by the Municipal Council ofthat:the City of Jersey City1. Section Il(B)(I)(b) is amended to establish the base rents listed on Exhibit "A" attachedhereto and incorporated herein by reference for 2009; and2. The homeowners shall be permitted to increase the base rents anually upon recertifyingtenants.~R~FORMCertification Required 0Corporation CounselNot Required o APPROVED 9 - 0RECORD OF COUNCIL VOTE ON FINAL PASSAGE 10/28/09COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.DAUUi-IIV FULOP / FLOOD /LOPEZ / RICHARDSON !í VEGA, i/N.V.-Not Voting (Abstain)SOTTOLANO ./ GAUGHAN .; BRENNAN /~oteQt a meetinl1 the uni 'pal Council of the City of Jersey Cit, N.J.Peter M. Brennan. President of CouncilClerk

Exhibit "A"JP Affordable Housing Holding Company, Inc. Phase IIAddress ~Owner Current Monthly New MonthlyTenant Rent Tenant Rent314 Van Home Street Cedric Beteta$356.00 $427.20383 Halliday Street Telemaco & MariaBlandino $433.00 $519.60290 Van Home Street Marie Celestine353 Halliday Street Tomas Davila142 Maple Street Clarissa Fillmore373 Hallday Street Lorenzo Flores351, Hallday Street Rafael Gonzales310 Van Home Street Eliza Guerrier130 Maple Street Isiah Heyward298 VanHorne Street Gregorio Monegro284 Van Home StreetYvonne Myers379 Halliday Street Lucio & Amanda Naira375 Johnston Avenue Rigoberto Negron381 Johnston Avenue Sunday Okoji316 VanHorne Street Louis Perez306 Van Home Street Paulino Perez371 Hallday Street Marie Rendon355 Hallday Street Kenneth Rice300 Van Home Street Francisco Salcedo292 VanHorne Street Ana Sotto363 Hallday Street Antonio Torres$732.00 $878.40$410.00 $492.00$511.00 $613.20$442.00 $530.40$475.00 $570.00$491.00 $589.20$850.00 $924.00$413.00 $495.60$696.00 $835.20$236.00 $283.20$888.00 $924.00$1,155.00 $924.00$788.00 $924.00$574.00 $688.80$781.00 $924.00, $757.00 $908.40$701.00 $840.20$619.00 $742.80$757.00 $908.40 .

..City Clerk File No.Res. 09-875Agenda No. 10.0Approved:OCT 2 8 2009TITLE:RESOLUTION AUTHORIZING AN AMENDMENT TO AN AFFORDABLEHOUSING AGREEMENT WITH THE DEVELOPERJP AFFORDABLE HOUSINGHOLDING COMPAN, INC., (pHASE II), TO ENABLE THE OWNERS OF TWOFAMILY HOMES TO CHARGE A FIXD BASE RENTRA THER THA A RENTBASED ON THE TENANT'S INCOMEWHEREAS, on or about Januar 15, 1993, the City of Jersey City (City) entered into a twenty (20)year Affordable Housing Agreement with JP Affordable Housing Holding Company, Inc. (JPAH),Phase II, to construct and sell eighteen (18) two-family dwellings for a total ofthirt-six units ofaffordable housing at the addresses listed on Exhibit "A" attached hereto; and .WHEREAS, the Affordable Housing Agreement requires that the purchaser of a two-family homereside in one unit and rent the second unit to an income qualified tenant at a rental rate not to exceedmore than 30% ofa tenant's anual family income; andWHEREAS, the homeowners listed on Exhibit "A" are the successors in interest to the AffordableHousing Agreement with JPAH dated January 15, 1993; andWHEREAS, the current restrictions tying rents to tenant incomes result in unpredictable fluctuationsin rents which could jeopardize the financial viability of the affordable housing unit; andWHEREAS, the City desires to amend the Affordable Housing Agreement to allow homeownersto charge a fixed based rent that will be permitted to increase anually; andWHEREAS, to accomplish this purpose it is necessar to amend Section II(B)(I)(b) of theAffordable Housing Agreement to establish a new base rent that wil allow for anual incrementsbased on the Home Program Rent Limits published in the Federal Register.NOW, THERE¡"ORE BE IT RESOLVED, by the Municipal Council ofthac:the City of Jersey City1. Section Il(B)(I)(b) is amended to establish the base rents listed on Exhibit "A" attchedhereto and incorporated herein by reference for 2009; and2. The homeowners shall be permitted to increase the base rents anually upon recertifyngtenants.RRlcw=: ?APPROVED AS TO I EG:EORM.JCorporation CounselCertification Required 0Not Required 0 APPROVED 9-0RECORO OF COUNCIL VOTE ON FINAL PASSAGE 10128/09COUNCILPERSON AYE NAY NV COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO ¡- GAUGHAN I BRENNAN /DONNHIV /.FULOP " FLOOD .lLOPEZ v' RICHARDSON II VEGA, . ,/,l Indicates Votee?~meeJ;0fPeter M. Brennan.nicipal Council of the City of Jersey City, N.J.President of CouncilN.V.-Not Voting (Abstain)

Exhibit" A"JP Affordable Housing Holding Company, Inc. Phase IIIAddress Owner Current Monthly New MonthlyTenant RentTenant Rent117 Maple Street Benjamin Akasih $1,031.00 $924.00367 Whiton Street Wei Lin Chen $601.00 $721.20334 Halliday Street Joan Coleman $735.00 $882.00373 Whiton StreetAlma Cruz379 Whiton Street Rujay Curr405 Whiton StreetJean Damas384 Pacific A venue Sylvia Figueroa369 Whiton Street Iqbal Hussein394 Pacific Avenue Luz Liberato396 Pacific A venue Ricot Mazard392 Pacific Avenue Maria Morraz361 Whiton Street DawnOdom386 Pacific Avenue Carlos Ovalles338 Hallday StreetRobert Pierre410 Pacific A venue Emiliano Roman113 Maple Street Marlene Walters404 Pacific Avenue Diane Wiliams378 Pacific Avenue Lenora Wright$504.00 $604.80$114.00 $136.80$805.00 $924.00$751.00 $901.20$137.00 $164.40$818.00 $924:00$863.00 $924.00$1,162.00 $924.00$71LOO $853.20$785.00 . $924.00$715.00 $858.00$729.00 $874.80$757.00 $908.40$397.00 $476.40$200.00 $240.00

. .City Clerk File No.Res. 09-876Agenda No. 10.EApproved:OCT 282009TITLE:RESOLUTION AUTHORIZING AN AMENDMENT TO AN AFFORDABLEHOUSING AGREEMENT WITH THE DEVELOPERJP AFFORDABLE HOUSINGHOLDING COMPANY, INC., (pHASE IV) TO ENABLE THE OWNERS OF TWO-FAMILY HOMES TO CHAGE A FIXED BASE 'RENT RATHER THAN ARENTBASED ON THE TENANT'S INCOMEWHEREAS, on or aboutJune II, 1993 the City ofJersey City (City) entered into a twenty (20)yearAffordable Housing Agreement withJP Affordable Housing Holding Company, Inc., (JPAH), PhaseIV, to construct and sell twenty one (21) two-family dwellings for a total of fort two units ofaffordable housing at the addresses listed on Exhibit "A" attached hereto; andWHEREAS, the Affordable Housing Agreement requires that the purchaser of a two-family homereside in one unit and rent the second unit to an income qualified tenant at a rental rate not to exceedmore than 30% ofa tenant's anual family income; andWHEREAS, the homeowners listed on Exhibit "A" are the successors in interest to the AffordableHousing Agreement with JPAH dated June 11, 1993; andWHEREAS, the curent restrictions tying rents to tenant incomes result in unpredictable fluctuations,in rents which could jeopardize the financial viability of the affordable housing unit; andWHEREAS, the City desires to amend the Affordable Housing Agreement to allow homeownersto charge a fixed based rent that wil be permitted to increase anually; andWHEREAS, to accomplish this purose it is necessar to amend Section II(B)(I)(b) of theAffordable Housing Agreement to establish a new base rent that will allow for anual incrementsbased on the Home Program Rent Limits published in the Federal Register.NOW, THEREFORE BE IT RESOLVED, by the Municipal Council ofthat:the City of Jersey City1. Section II(B)(I)(b) is amended to establish the base rents listed on Exhibit "A" attchedhereto and incorporated herein by reference for 2009; and2. The homeowners shall be permitted to increase the base rents anually upon recertifyingtenants.~~~rporation CounselCertification Required 0Not Required 0APPROVED Q-nRECORD OF COUNCIL VOTE ON FINAL PASSAGE 10128/09COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO / GAUGHAN ,/ BRENNAN ,/, DONNELLY I FULOP,/ FLOOD /LOPEZ,/ RICHARDSON ,/ VEGA./,/ Indicates Vote~d at a meeting ~Municipai Council of the City of Jersey City, N.J.~&A 'V' 'Ù.; .Peter M. Brennan. . President of Council, ','Q1~.N.V.-Not VOMg (Abstain)

Exhibit "A"JP Affordable Housing Holding Company, Inc. Phase IVAddress Owner Current Monthly New MonthlyTenant Rent Tenant Rent419 Pacific Avenue Jorge Paez Vacant $924.00390 Halliday Street Amedee Pierre $851.00 $924.00400 Halliday Street AurelIa Richey $833.00 $924.00412 Hallday Street Ismael Rosado394 Halliday Street Alma Santana426 Halliday Street J osefina Zapata386 Johnston Avenue Sancho Arreza382 Johnston Avenue Gloria Bobo380 Johnston AvenueCebastiana Castilo336 Van Home Street William Hardy384 Johnston Avenue Dorothy Howell332 Van Horne Street Jose Havier423 Pacific Avenue Francisco Angomas413 Pacific Avenue Gerardo Caratinni437 Pacific Avenue Jorge Chavez418 Halliday Street Aida Gonzalez432 Hallday Street Eladio Gonzalez425 Pacific Avenue Marie Joseph414 Hallday StreetJuana Kelly422 Halliday StreetMarie Louis408 Halliday Street Roger Mejia$226.00 $271.20$482.00 $578.40'$468.00 $561.60$773.00 $924.00$475.00 $570.00$699~00 $838.80$377.00 $452.40$716.00 $859.20. $574.00 $688.80$327.00 $437.40$870.00 $924.00$668.00 $801.60$274.00 $328.80$683.00 $819.60 .~$407.00 $488.40$436.00 $523.20$785.00 $924.00$686.00 $823.20

.--City Clerk File No. Res. 09-877Agenda No.1O.FApproved: ocr 2 8 2009TITLE:RESOLUTION AUTHORIING AN AMNDMENT TO AN AFFORDABLE HOUSINGAGREEMENT WITH THE DEVELOPER JP AFFORDABLE HOUSING HOLDING COMPANY,INC., (pHASE VI, TO ENABLE THE OWNERS OF TWO FAMILY HOMES TO CHARGE AFIXED BASE' RENT RATHER THA A RENT BASED ON THE TENAN'S INCOMEWHEREAS, on or about Januar 9, 1995, the City of Jersey City (City) entered into a tWenty (20)year Affordable Housing Agreement with JP Affordable Housing Holding Company, Inc. (JP AH),Phase VI, to construct and sell four (4) two-family dwellngs for a total of eight units of affordablehousing at the addresses listed on Exhibit "A" attached hereto; andWHEREAS, the Affordable Housing Agreement requires that the purchaser of a two-family homereside in one unit and rent the second unit to an income qualified tenant at a rental rate not to exceedmore than 30% ofa tenant's annual family income; andWHEREAS, the homeowners listed on Exhibit "A" are the successors in interest to the AffordableHousing Agreement with JPAH dated Januar 9, 1995; andWHEREAS, the curent restrictions tying rents to tenant incomes result in unpredictable fluctuationsin rents which could jeopardize the financial viability of the affordable housing unit; andWHEREAS, the City desires to amend the Affordable Housing Agreement to allow homeownersto charge a fixed based rent that they wil be permitted to increase anually; andWHEREAS, to accomplish this purose it is necessar to amend Section II(B)(l )(b) of theAffordable Housing Agreement to establish a new base rent that will allow for anual incrementsbased on the Home Program Rent Limits published in the Federal Register.NOW, THEREFORE BE IT RESOLVED, by the Municipal Council ofthat:the City of Jersey City1. Section II(B)(I)(b) is amended to establish the base rents listed on Exhbit "A" attachedhereto and incorporated herein by reference for 2009; and2. The homeowners shall be permitted to increase the base rents anually upon recertifyngtenants.RRcwCertification Required 0Not Required 0Corporation CounselAPPROVED q-ORECORD OF COUNCIL VOTE ON FINAL PASSAGECOUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO / GAUGHAN / BRENNAN/DONNELLY ,/ FULOP ,/ FLOOD ,/LOPEZ ,/ RICHARDSON,/VEGA, ,/,l Indicates Vote N.V.-Not Votig (Abstain)Ae~ting;re ~~Of the City of Jersey City, N.J,Peter M. Brennan. President of Council

Exhibit "A"JP Affordable Housing Holding Company, Inc. Phase VIAddress Owner Current Monthly New MonthlyTenant RentTenant Rent468 Pacific A venue Martha Gailard$511.00 $613.20464 Pacific Avenue Irma & Edgar Hernandez $472.00 $566.40460 Pacific Avenue J osefina Lopez $833.00 $924.00472 Pacific Avenue Mae Moreland$657.00 $788.40

City Clerk File No. Res. 09-878Agenda No.10.GApproved: OCT 282009TITLE:RESOLUTION AUTHORIING AN AMENDMENT TO AN AFFORDABLEHOUSING AGREEMENT WITHTHE DEVELOPERJP AFFORDABLE HOUSINGHOLDING COMPAN, INC. TO ENABLE THE OWNERS OF TWO FAMILYHOMES TO CHAGE A FIXED BASK RENT RATHER THAN A RENT BASEDON THE TENANT'S INCOMEWHEREAS, on or about May 22, 1995, the City of Jersey City (City) entered into a twenty (20) yearAffordable Housing Agreement with JP Affordable Housing Holding Company, Inc. (JPAH),scattered site, to construct and sell twenty (20) two-family dwellings for a total of fort units ofaffordable housing at the addresses listed on Exhibit "A" attched hereto; andWHEREAS, the Affordable Housing Agreement requires that the purchaser of a two-family homereside in one unit and rent the second unit to an income qualified tenant at a rental rate not to exceedmore than 30% ofa tenant's anual family income; andWHEREAS, the homeowners listed on Exhibit "A" are the successors in interest to the AffordableHousing Agreement with JPAH dated May 22, 1995; andWHEREAS, the curent restrictions tying rents to tenant incomes result in unpredictable fluctuationsin rents which could jeopardize the financial viability of the affordable housing unit; andWHEREAS, the City desires to amend the Affordable Housing Agreement to allow homeownersto charge a fixed based rent that will be permitted to increase anually; andWHEREAS, to accomplish this purose it is necessar to amend Section II(B)(l)(b) of theAffordable Housing Agreement to establish a new base rent that will allow for anual incrementsbased on the Home Program Rent Limits published in the Federal Register.NOW, THEREFORE BE IT RESOLVED, by the Muncipal Council ofthat:the City of Jersey City1. Section II(B)(l)(b) is amended to establish the base rents listed on Exhibit "A" attchedhereto and incorporated herein by reference for 2009; and2. The homeowners shall be permitted to increase the base rents anually upon recertifyingtenants.RRlcwROVED AS TO LEGAL FORMc:Certificátion Required DCorporation CounselRECORO OF COUNCil VOTE ON FINAL PASSAGE 10728/09COUNCllPERSON AYE NAY N.V. COUNCllPERSON AYE NAY N.V. COUNCllPERSON AYE NAY N.V.SOnOLANO ./ GAUGHAN ./ BRENNAN .I.DONNElLY .I FULOP ./ FLOOD ,¡ /LOPEZ ./ RICHARDSON ./ VEGA, i/,l Indicates VoteAut a meeting of theal Council of tl)e City of Jersey City, N.J.Not Required 0 APPROVED 9 0-N.V.-Not Voting (Abstain)Peter M. Brennan.President of Council

Exhibit "A"JP Affordable Housing Holding Company, Inc.Address Owner Current Monthly New MonthlyTenant Rent Tenant Rent447 Pacific Avenue Bridgette Almanzar $689.00 $826.8087 Maple Street Steven Badillo $463.00 $555.6084 ~ Woodward Street Hector Caraballo$903.00 $924.00103 VanHorne Street Alberto Gonzalez245 ~ Pine Street Nelson Gonzalez4 78 ~ Pacific Avenue Ramon Henriquez98 Woodward Street Buenaventura Jimenez480 Pacific Avenue Magdalena Leal-Correa451 Pacific Avenue Laurel Legere455 Pacific Avenue Daysi Mendoza79 ~ Maple Street Ramon Monegro92 ~ Woodward Street Rosemar Nwabueze247 Pine Street Robinson Pena89 ~ Maple Street Carlos & Andrea Perez90 Woodward Street Mercedes Riviera257 Pine StreetArnoldo Soto80 Woodward Street Gilberto Vasquez$1,364.00 $924.00$719.00 $862.80$816.00 $924.00$107.00 .$128.40$892.00 $924.00$552.00 $662.40$875.00 $924.00$665.00 $798.00$775.00 $910.00$797.00 $924.00$594.00 $712.80$325.00 $390.00$780.00 $924.00$240.00 $288.001 02 ~ Woodward Street Ramon and Milagros $652.00 $782.00Vera441 Pacific AvenueMeberle Viliere476 Pacific Avenue Joyce Walker$630.00 $756.00$732.00 $878.40

City Clerk File No. Res. 09-879Agenda No.1O.HApproved: OCT 282009TITLE:RESOLUTION AUTHORIING AN AMENDMENT TO AN AFFORDABLE HOUSINGAGREEMENT WITH THE DEVELOPER MATIN LUTHER KIG DRIVE JOINT VENTURPARTNERSHIP, TO ENABLE THE OWNERS OFTWO FAMILY HOMES TO CHARGE A FIXDBASE RENT RATHER THAN A RENT BASED ON THE TENANT'S INCOMEWHEREAS, on or about Februar 9, 1999, the City of Jersey City (City) entered into a twenty (20)year Affordable Housing Agreement with Marin Luther King Drive Joint Venture Parnership, toconstrct and sell four (4) two~falily dwellings for a total of eight units of affordable housing attheaddresses listed on Exhibit "A" attched hereto; andWHEREAS, the Affordable Housing Agreement requires that the purchaser of a two-family homereside in one unit and rent the second unit to an income qualified tenant at a rental rate not to exceedmore than 30% of a tenant's anual family income; andWHEREAS, the homeowners listed on Exhibit "A" are the successors in interest to the AffordableHousing Agreement with Marin Luther King Drive Joint Venture Parnership dated February 9,1999; andWHREAS, the curent restrictions tying rents to tenant incomes result in unpredictable fluctuationsthe affordable housing unit; andin rents which could jeopardize the financial viability ofWHEREAS, the City desires to amend the Affordable Housing Agreement to allow homeownersto charge a fixed based rent that they will be permitted to increase anually; andWHEREAS, to accomplish this purpose it is necessar to amend Section II(B)(l)(b) of theAffordable Housing Agreement to establish a new base rent that will allow for anual incrementsbased on the Home Program Rent Limits published in the Federal Register.NOW, THEREFORE BE IT RESOLVED, by the Municipal Council ofthat:the City of Jersey City1. Section II(B)(l)(b) is amended to establish the base rents listed on Exhibit "A" attchedhereto and incorporated herein by reference for 2009; and2. The homeowners shall be permitted to increase the base rents annually upon recertifyingtenants.RRfcwPRQYED AS TO~: --Certification Required 0Corporation CounselNot Required o APPROVED 9-0RECORD OF COUNCIL VOTE ON FINAL PASSAGE 10/28/09COUNCllPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCllPERSON AYE NAY N.Y.SOnOlANO ,/ GAUGHAN 7 BRENNAN ./nnuurii y ./ FULOP' , ./ FLOOD /LOPEZ ./ RICHARDSON / VEGA ,/N.V.-Not Voting (Abstain),l Indicates VoteAv~eeting of';PoëterM.Brennan. President of Council

Exhibit "A"Martin Luther King Drive Joint Venture PartnershipAddress Owner Current Monthly New MonthlyTenant Rent Tenant Rent20 Virginia Avenue16 Virginia Avenue14 Virginia Avenue18 Virginia AvenueLula & Gregory Cansler $589.00 $706.80Iraida Dejesus-Perez $570.00 $684.00Rose Lawrence $690.00 $828.00Jacquelyn Nelson $805.00 $924.00

City Clerk File No. Res. 09-880Agenda No.10.1Approved: OCT 2 8 2009TITLE:RESOLUTION AUTHORIZING AN AMENDMENT TO AN AFFORDABLEHOUSING AGREEMENT WITH THE DEVELOPER V GUPTA & COMPANTO ENABLE THE OWNERS OF TWO-FAMILY HOMES TO CHARGE AFIXED BASE RENT RATHER THAN A RENT BASED ON A TENANT'SINCOMEWHEREAS, on or about June 24, 1999, the City ofJersey City (City) entered into a twenty (20) yearAffordable Housing Agreement with V Gupta & Company (VGC) to construct and sell ten twofamilydwellings for a total of twenty units of affordable housing at the addresses listed on Exhibit"A" attached hereto; andWHEREAS, the Affordable Housing Agreement requires that the purchaser of a two-family home.reside in one unit and rent the second unit to an income qualified tenant at a rental rate not to exceedmore than 30% ofa tenant's anual family income; andWHEREAS, the homeowners listed on Exhibit "A" are the successors in interest to the AffordableHousing Agreement with VGC dated June 24, 1999; andWHEREAS, the curent restrictions tying rents to tenant incomes result in unpredictable fluctuationsin rents which could jeopardize the financial viability of the affordable housing unit; andWHEREAS, the City desires to amend the Affordable Housing Agreement to allow homeon,nersto charge a fixed based rent that they will be permitted to increase anually; andWHEREAS, to accomplish this purose it is necessar to amend Section Il(B)(l)(b) of theAffordable Housing Agreement to establish a new base rent that will allow for anual incrementsbased on Home Program Rènt Limits published in the Federal Register.NOW, THEREFORE BE IT RESOLVED by the Municipal Council ofthat:the City of Jersey City1. Section II(B)(l)(b) is amended to establish the base rents listed on Exhibit "A" attachedhereto and incorporated herein by reference for 2009; and2. The homeowners shall be permitted to increase the base rents anually upon recertifYingtenants.RRcw8-7-09APPROVED:APPROVED:PP':/ED AS TO LEGAL FORM:z 'Corporation CounselCertification Required 0Not Required o APPROVED '1~O1')0 I' ,,'RECORD OF COUNCIL VOTE ON FINAL PASSAGEinCOUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO ./ GAUGHAN / BRENNAN/ /FULOP/~ FLOODLOPEZ ,/ RICHARDSON./ VEGA,i/,l Indicates VoteV a meeting , '2 of th~iPal f( OJ' Council of the City of Jersey City, N.J.Peter M. Brennan. President of CouncilN.V.-Not Voting (Abstain)ac"~

Exhibit" A"V Gupta & CompanyAddress Owner Current Monthly New MonthlyTenant Rent Tenant Rent262 Randolph Avenue Betsy Barzola $1,099.00 $924.00709 Garfield Avenue Antonio Chevere $757.00 $908.4035 Jewett Avenue Michael Cur $694.00 $832.80260ARandolph Rhonda Harris $495.00 ' $594.00Avenue31 Jewett A venue Estaban Lopez $598.00 $717.60713 Garfield A venue Valerie Morris $587.00 $704.40264 Randolph Avenue Lenora Obyane $834.00 $924.00137 Seaview Avenue Raul & Bethsaida $577.00 $692.40Robles705 Garfield Avenue Jose Santos $643.00 $771.60734 Garfield Avenue Clara Wiliams $194.00 $232.80

City Clerk File No. Res. 09-881Agenda No.1O.JApproved:.TITLE:OCT 2 8 2009RESOLUTION AUTHORIING AN AMENDMENT TO AN AFFORDABLEHOUSING AGREEMENT WITH THE DEVELOPER WHITON STREETASSOCIATES,L.L.C. TO ENABLE TH OWNRS OF TWO-FAMILY HOMES TOCHAGE A FIXED BASE RENT RATHER THAN A RENT BASED ON ATENAN'S INCOMEWHEREAS, on or about May 14, 1999, the City of Jersey City (City) entered into a twenty (20) yearAffordable Housing Agreement with Whiton Street Associates, L.L.C. (WSA) to construct and sellten (10) two-family dwellngs for a total of twenty unts of affordable housing atthe addresses listedon Exhibit "A" attached hereto; andWHEREAS, the Affordable Housing Agreement requires that the purchaser of a two-family homereside in one unit and rent the second unit to an income qualitìed tenant at a rental rate not to exceedmore than 30% of a tenant's anual family income; andWHEREAS, the homeowners listed on Exhibit "A" are the successors in interest to the AffordableHousing Agreement with WSA dated May 14, 1999; andWHEREAS, the curent restrictions tying rents to tenant incomes result in unpredictable fluctuationsin rents which could jeopardize the financial viability of the affordable housing unit; andWHEREAS, the City desires to amend the Affordable Housing Agreement to allow homeownersto charge a fixed based rent that they will be permitted to increase anually; andWHEREAS, to accomplish this purose it is necessar to amend Section II(B)(I)(b) of theAffordable Housing Agreement to establish a new base rent that will allow for anual incrementsbased on the Home Program Rent Limits published in the Federal Register.NOW, THEREFORE BE IT RESOLVED, by the Municipal Council ofthat:the City of Jersey City1. Section II(B)(l)(b) is amended to establish the base rents listed on Exhibit "A" attachedhereto and incorporated herein by reference for 2009; and2. The homeowners shall be permitted to increase the base rents anually upon recertifyingtenants.RRfcwPROVED AS TO LEGAL FORMAPPRO~Corporation CounselCertification Required 0Not Required 0APPRovm 9.0RECORD OF COUNCIL VOTE ON FINAL PASSAGE 1COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO .I GAUGHAN ./ BRENNAN ./'DONNELLY /. FULOP .I FLOOD i/LOPEZ ./ RICHARDSON ./ VEGA i/,l Indicates Vote N.V.-Not Vonng (Abstain)AV het/tf the~~Cil of the City of Jersey Cit, N.J.Peter M. Brennan. ' President of Council Clerk

Exhibit" A"Whiton Street Associates, LLCAddress Owner Current Monthly New Monthly218 Whiton Street Miguel Bueno $903.00 $924.00220 Whiton Street Deloris Burgess $777.00 $924.00219 Whiton Street Deyanira De Los Santos $598.00 $717.60TenantRentTenantRent225 Whiton Street Javier and Liza Gaetan$803.00 $924.00227 Whiton Street Ronald & Lisa Gourdine $520.00 $624.00217 Whiton Street Valender Rackley226 Whiton Street Edgardo Ramos248 Pacific Avenue Edwin Rojas240 Whiton Street Maynor Sanchez236 Whiton StreetMiriam Sanchez$690.00 $828.00$842.00 $924.00$836.00 $924.00$747.00 $896.40$372.00 $446.40

~.'. ... . ~City Clerk File No. Res. 09-882Agenda No. 10.KApproved: OCT 2 8 2009TITLE:RESOLUTION AUTHORIING AN AMENDMENT TO AN AFFORDABLE HOUSINGAGREEMENT WITH THE DEVELOPER GASPER GARCIA-ATLANTIC DEVELOPMENT TOENABLE THE OWNERS OF TWO FAMILY HOMES TO CHAGE A FIXD BASE: RENTRATHER THA A RENT BASED ON A TENANT'S INCOMEWHEREAS, the City of Jersey City (City) entered into a twenty (20) year Affordable HousingAgreement with Gasper Garcia-Atlantic Development to constrct and sell four (4) two-familydwellings for a total of eight (8) units of affordable housing at the addresses listed on Exhibit "A"attached hereto; andWHEREAS, the Affordable Housing Agreement requires that the purchaser of a two-family homereside in one unit and rent the second unit to an income qualified tenant at a rental rate not to exceedmore than 30% ofa tenant's anual family income; andWHEREAS, the homeowners listed on Exhibit "A" are the successors in interest to the AffordableHousing Agreement with Gasper Garcia-Atlantic Development; andWHEREAS, the curent restrictions tying rents to tenant incomes result in unpredictable fluctuationsin rents which could jeopardize the financial viability of the affordable housing unit; andWHEREAS, the City desires to amend the Affordable Housing Agreement to allow homeownersto charge a fixed based rent that they will be permitted to increase anually; andWHEREAS, to accomplish this purose it is necessar to amend Section II(B)(l)(b) of theAffordable Housing Agreement to establish a new base rent that will allow for anual incrementsbased on the Home Program Rent Limits published in the Federal Register.NOW, THEREFORE BE IT RESOLVED, by the Municipal Council ofthat:the City of Jersey City1. Section II(B)(l)(b) is amended to establish the base rents listed on Exhibit "A" attchedhereto and incorporated herein by reference for 2009; and2. The homeowners shall be permitted to increase the base rents anually upon recertifYingtenants.RR/cwAPPROVED:PROVED AS TO LEGAL FORMAPPROVED:-;: ~1 CõunselCertification Required 0Not Required 0APPROVED q.ORECORD OF COUNCIL VOTE ON FINAL PASSAGE10/28/09COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO .I GAUGHAN / BRENNAN /nn""t"' ~ v ,/ FULOPI FLOOD 7LOPEZ 7 RICHARDSON ./ VEGA, ,/N.V.-Not Voting (Abstain)\.ANPèter M. ,Brennan. President of Council,/ Indicates VoteAd~a meeting of theQí-~

Exhibit" A"Gasper Garcia-Atlantic DevelopmentAddressOwner Current Monthly New MonthlyTenant RentTenant Rent211 Monticello AvenueEmmaMoran$850.00 $924.0035A Fairview Avenue213 Monticello Avenue215 Monticello AvenueMyriam RodriguezPedro RestoMaria Rivera$899.00 $924.00$746.00 $895.20$448.00 $537.60

City Clerk File No. Res. 09-883Agenda No. 10. LApproved: OCT 2 8 2009TITLE:RESOLUTION AUTHORIZING AN AMENDMENT TO AN AFFORDABLE HOUSINGAGREEMENT WITH THE DEVELOPER WILLIA JOHNSON ENTERPRISE TO ENABLE THEOWNERS OF TWO FAMILY HOMES TO CHARGE A FIXED BASE RENT RATHER THAN ARENT BASED ON THE TENANT'S INCOMEWHEREAS, on or about August 22, 1995, the City of Jersey City (City) entered into a twenty (20)year Affordable Housing Agreement with Willam Johnson Enterprise, to construct and sell five (5)two-family dwellngs for a total often (10) units of affordable housing at the addresses listed onExhibit "A" attached hereto; andWHEREAS, the Affordable Housing Agreement requires that the purchaser of a two-family homereside in one unit and rent the second unit to an income qualified tenant at a rental rate not to exceedmore than 30% ofa tenant's anual family income; andWHEREAS, the homeowners listed on Exhibit "A" are the successors in interest to the AffordableHousing Agreement with Wiliam Johnson Enterprise dated August 22, 1995; andWHEREAS, the current restrictions tying rents to tenant incomes result in unpredictable fluctuationsin rents which could jeopardize the financial viability of the affordable housing unit; andWHEREAS, the City desires to amend the Affordable Housing Agreement to allow homeownersto charge a fixed based rent that they will be permitted to increase anually; andWHEREAS, to accomplish this purose it is necessar to amend Seetion II(B)(I)(b) of theAffordable Housing Agreement to establish a new base rent that will allow for annual incrementsbased on the Home Program Rent Limits published in the Federal Register.NOW, THEREFORE BE IT RESOLVED, by the Municipal Council ofthat:the City of Jersey City1. Section II(B)(I)(b) is amended to establish the base rents listed on Exhibit "A" attachedhereto and incorporated herein by reference for 2009; and2. The homeowners shall be permitted to increase the base rents anually upon recertifyingtenants.RRcw~FORMCertification Required 0Corporation CounselNot Required oAPPROVEDRECORD OF COUNCIL VOTE ON FINAL PASSAGE 10/28/09COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO / GAUGHAN .I BRENNAN iInnNNi-11 v /, FULOP.I FLOOD ,/LOPEZ ,/ RICHARDSON i/ VEGA, i/,l Indicates Vote N.V.-Not Voting (Abstain)A~ a meeting of th~icipai Council of the City of Jersey City, N.J. ~ ~~~ IJ Pvv ' t1Peter M. Brennan., Presidentof Council~BY;F

Exhibit" A"Wiliam Johnson EnterpriseAddress Owner Current Monthly New MonthlyTenant RentTenant Rent137 Arlington Avenue Annette Carter $603.00 $723.60272A Forest Street Jude & Constance $399.00 $478.80Emelumba413 Communipaw Avenue Sandra Gomez & $599.00 $718.80Yolanda Munoz246 Arlington Avenue Paulette Gordon415 Communi paw A venue Bernadine Graham$980.00 $924.00$687.00 $824.40

Resolution of the City of Jersey City, N.J.City Clerk File No. Res. 09-884Agenda No.Approved:1O.MWlHDRAWNTITLE: RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMEWITH THE LAW FIRM OF FLORIO & KENNY TO REPRESENT POLICE CHITOM COMEY IN MA TIER OF MATHAIS BOLTON V. CITY OF JERSEY CITYWHEREAS, Mathais Bolton fied a complaint in Federal District Court of New Jersey againstthe City of Jersey City, Jersey City Police Chief Tom Corney, Police Officer Kevin Hil andPolice Officer Victor Vargas alleging assault, false arrest and violation of his civil rights; andWHEREAS, the Corporation Counsel has determined that it is necessary to appoint outsidecounsel to represent Police Chief Tom Corney in this matter; andWHEREAS, the law firm of Florio & Kenny, LLP, 100 Hudson Street, Hoboken, New Jerseypossesses the skills and expertise to perform these services; andWHEREAS, special co~nsel agrees to provide these services at an houdy rate of $125.00 perhour, including expenses, for a total amount not to exceed $75,000; andWHEREAS, N.I.S.A.19:44A-20.4 gl §g. (the Pay-to-Play Law) took effect on January 1, 2006; andWHEREAS, in March 2009, the City publicly advertised a Request for Qualifications (RFQ)'usingthe "fair and open process" as described under the Pay-to-Play Law; and ';" ;'/WHEREAS, Florio & Kenny, LLP submitted a Qualification Statement in response to the City'sRFQ;andWHEREAS, this contract is made in accordance with the "fair and open process" of the Pay-to-Play Law; andWHEREAS, Florio & Kenny, LLP submitted a Qualification Statement in response to the CitýsRFQ;andWHEREAS, the law firm of Florio & Kenny has completed and submitted a Business EntityDisclosure Certification which certifies that he has not made any reportable contributions tothe political or candidate committees listed in the Business Entity Disclosure Certification inthe previous one year, and that the contract wil prohibit Florio & Kenny, LLP from makingany reportable contributions during the term of the contract;andWHEREAS, Florio & Kenny, LLP has submitted a Chapter 271 Political Contribution DisclosureCertification at least 10 days prior to the award of this contract; andWHEREAS, Florio & Kenny, LLP has submitted its Certification of Compliance with the City'sContractor Pay-to-Play Reform Ordinance 08-128 adopted on September 3, 2008; andWHEREAS, fuds are available for the cost of these services in Account No.: 10-14-298-56-000-856.WITHDRAWN

City Clerk File No. Pg. # ~Agenda No. Res. 09-884Approved 10 . MTITLE: RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENTWITH THE LAW FIRM OF FLORIO & KENNY TO REPRESENT POLICE CHIEFTOM COMEY IN MA ITER OF MATHAIS BOLTON V. CITY OF JERSEY CITYNOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Jersey Citythat:1. An agreement is awarded to Florio & Kenny to represent Chief of Police Tom Corney inthe matter of Mathais Bolton v. City of Jersey City, et al. for a total amount of $75,000,including expenses.2. Ths contract shall be subject to the condition that the vendor provides satisfactoryevidence of compliance with the Affrmative Action Amendments to the Law AgainstDiscrimination, N.I.S.A. 10:5-31 gl ~3. The Mayor or Business Administrator is hereby authorized to execute an agreement insubstantially the form attached subject to such modification as the Corporation Counsel deemsappropriate or necessary.4. A copy of this resolution wil be published in a newspaper of general circulation in theCity of Jersey City as required by law withi (10) days of the adoption of the resolution.I hereby certify that funds are available in Account No. No. 10-14-298-56-000-856.WITHDRAWNPeter Soriero, Risk ManagerAPPROVED:APPROVED:APPROVED AS TO LEGAL FORMCorporation CounselCertification Required 0Not Required 0COUNCILPERSON AYE NAY N.V. AYE NAY N.V.SOnOLANODONNELLYLOPEZ,l Indicates Vote N.V.-Not VoUng (Abstain)Adopted at a meeting of the Municipal Council of the City of Jersey Cit, N.J.Peter M. Brennan. President of CouncilRobert Byrne, Cit Clerk

AGREEMENTThs Agreement dated theday of , 2009 between theCity of Jersey City, a municipal corporation, with offices at 280 Grove Street, Jersey City, NewJersey 07302 ("City") and Florio & Kenny, L.L.P., of 100 Hudson Street, Hoboken, New Jersey07030 (Special Counsel").WITNESSTH, that in consideration of the mutual covenants set forth, the City and SpecialCounsel agree as follows:Scope of AgreementSpecial Counsel is hereby retained to perform legal services and represent Chief of PoliceTom Corney in connection with the matter of Mathias Bolton, et al. v. City of Jersey City, et al. forthe period of July I, 2009 through June 30, 2010 .Affidavit of ServicesSpecial Counsel shall submit a monthly affidavit of services to the CorporationCounsel. The affidavit shall specif in detail the services rendered and the tie spent on thoseservices.ConsiderationA. For the above services, Special Counsel shall be compensated at the rate of$125.00 per hour, including expenses. The total amount of this agreement shall not exceed$75,000.B. The Special Counsel shall provide a monthly statement for services rendered.The Special Counsel shall submit to the City adminstration no later than the tenth day of eachmonth an affidavit of services specifing the total number of hours worked/performed during

the preceding month.C. Special Counsel shall report to the Corporation Counsel when he or she hasbiled 70% of total contract amount. Special Counsel shall not be paid for services unless priorapproval by the Corporation Counsel once Special Counsel reaches the 100% threshold.D. The Corporation Counsel reserves the right to terminate this agreement at anytie for any reason whatsoever. Upon termiation, Special Counsel shall be paid for servicesrendered up to the date of termiation. Thereafter, this agreement shall be null and void withno further rights or obligations emanatig therefrom.E. This agreement shall not become effective and Special Counsel shall provide noservices under this agreement until he or she has executed the following documents:(1) Minority /Woman Business Enterprise Questionnaire;(2) Procurement and Service Contracts, Language" A";(3) Mandatory Business Registration.Biling Practices and Other Guidelines ProceduresDisbursements should be charged only on the basis of the actual direct out-of-pocket costto the Special Counsel and biled with sufficient detail to permit assessment of their compliancewith the following guidelines: (I) in the case of photocopying, the per page charge not to exceedfiteen cents ($.15) per page; (ii) in the case of facsimile transmittal, the per page charge not toexceed one dollar and fifty cents ($1.50) per page; and (iii) charges for mileage and parking shallnot be charged to the City.The City expects that the Special Counsel wil need to obtain the services of third-partiessuch as court reporters, investigators, consultants, experts, title companies, appraisers, messenger

services, etc., in order to carry out their assignents and wil contract with those service providersupon the approval of the City. With the exception of the court reporters, Special Counsel shallnoti the City of their engagement of all thrd-party service providers and obtain authorizationfor those services from the City. The Special Counsel wil pay all thrd-party service providersdirectly and wil bil the City for those services detailed disbursements included in monthlyinvoices. Ths City wil not accept separate invoices from service providers directly to the City forpayment.If the Special Counsel receives discounts from messenger services, title agencies,investigators or other categories of service provider, those discounts must be passed on tot he Cityand noted on each in voice.The City does not agree to pay for the following disbursements unless specificallyapproved in advance for any specific matter by the City.· word processing;. secretaries' overtie, proofreading, placing or organzing documents in files;· meals;· first class air or rail travel, chauffeur driven liousines;· hotel accommodations; and· charges for use of conference rooms or office space.Should the services of one or more other persons with Special Counsel's firm be deemednecessary and approved, the City expects that an appropriate number of attorneys and paralegalsat all practice levels wil be available for assignent to its matters so that matters can be handledin the most efficient maner possible. Further, the City expects that tasks wil be performed by the

appropriate level attorney (partner or associates) or paralegaL. If the Special Counsel decides tostaff tasks such as document indexing or preparing deposition sumaries with associates ratherthan paralegals without the City's prior permission, the City agrees to pay only at the rate forparalegals.The City reserves the right to discuss with its outside counsel and approve the particularattorneys who wil be assigned to work on each matter. The City also reserves the right to requestthe removal of any attorney from the City's assignents for any reason.The City does not agree to pay for excessive in-office consultants between attorneys orattorneys and paralegals, or for adminstrative meetigs with associates and paralegals.The City does not agree to pay for tie spent educatig lawyers as a result of the transferor work between attorneys within the law fim uness approved by the City in advance. Acomplete 'O substantially complete transfer of work from an attorney having signficantresponsibilty on a matter to another attorney or attorneys must be approved by the City.The City does not agree to pay for more than one attorney's attendance at meetigs,depositions, conferences or hearings uness the City authorizes such attendance in advance.AssignmentThe services under this contract shall be performed exclusively by Special Counsel not byany other member of his firm. Special Counsel may assign work under this contract to anotherperson within the firm only with the approval of the Corporation Counsel.New Jersey Business Registration RequirementsThe contractor shall provide written notice to its subcontractors of the responsibilty tosubmit proof of business registration to the contractor.

Before fial payment on the contract is made by the contractig agency, the contractor shallsubmit an accurate list and the proof of business registration of each subcontractor or supplierused in the fulfilent of the contract, or shall attest that no subcontractors were used.For the term of the contract, the contractor and each of its affiiates and a subcontractor andeach of its affilates (N.J.S.A. 52:32-44(g)(3)J shall collect and remit to the Director, New JerseyDivision of Taxation, the use tax due pursuant to the Sales and Use Tax Act on all sales of tangiblepersonal property delivered into this State, regardless of whether the tangible personal propertyis intended for a contract with a contractig agency.A business organization that fails to provide a copy of a business registration as requiredpursuant to section 1 of P.L.2001, c.134 (C.52:32-44 et aL.) or subsection e. or f. of section 92 ofP.L.1977, c.110 (C.5:12-92), or that provides false business registration information under therequirements of either of those sections, shall be liable for a penalty of $25 for each day ofviolation, not to exceed $50,000 for each business registration copy not properly provided undera contract with a contractig agency.Special ProvisionsThe City reserves the right to termiate the with Agreement at any tie for anyreason whatsoever, in which event the Special Counsel shall be paid for services due up to thedate of termiation. Thereafter, this Agreement shall be considered null and void with nofurther tights or obligations emanatig therefrom. Unless sooner terminated or renewed thisagreement shall end onIN WITNESS WHEREOF, the parties hereto have set their hands and seal or causedthese presents to be signed by their proper corporate officers and their proper corporate seal

hereto affixed the day, month and year above written.Affirmative Action Plan(A) If the contract exceeds $9,200, it shall also be subject to the Affirmative Actionamendments to the "Law Against Discrimination", N.I.5.A. 10:5-31 et seq.(B) Ths contract shall not become effective and special counsel shall provide noservices under ths contract until he or she has executed the followingdocuments:1. A supplemental Affrmative Action agreement pursuant to N.I.S.A. 10:5-21 et seq.2. An Affirmative Action Employee Inormation Report (form AA-302) (forcontracts which exceeds $9,200).These documents may be obtained from the department responsible for theadministration of this contract. All of the terms and conditions are made part of this contract.Attest:City of Jersey CityRobert BymeCity ClerkBrian O'ReilyBusiness AdministratorWITNESS:Flono & Kenny

Resolution of the City of Jersey City, N.J.City Clerk File No.Agenda No.Approved:Res. 09-8851O.NOCT 2 8 2009TITLE:RESOLUTION AUTHORIZING THE CLOSING OF A MUNICIPAL STRE ",~.tGRAD STREET FROM GREENE STREET TO WASHIGTON ST ORAL"-BEGINNING 10:00 A.M. AND ENDING 8:00 P.M. ON SATURAY, OCTOBER31,2009 (RIN DATE: SUNAY, NOVEMBER 1,2009) AT THE REQUEST OFTHE HISTORIC PAULUS HOOK ASSOCIATION FOR THE PUROSE OF ASTREET MARKTIFUN RAISERWHEREAS, the Division of Engineering, Traffc & Transportation has received an application from the HistoricPaulus Hook Association to close Grand Street from Greene Street to Washington Street beginning 10: 00 a.m. and ending8:00 p.m. on Saturday, October 31, 2009 (rain date: Sunday, November I, 2009) for the purpose of a streetmarketlfindraiser; and 'WHEREAS, in accordance with the provisions of Section 296-71 and 296-72, a street may be temporarily closedfor a block part or any recreational event to be conducted within an area not exceeding one city block under certainconditions;WHEREAS, when one or more of the required conditions for a street closing are not met, in accordance withSections 296-74 (B) the Traffc Engineer may recommend to the City Council that one or more of the requirements ofSections 296-71, 296-72 and 296-73 be waived; andWHEREAS, the request to close Grand Street does not meet one or more of296-71(A)(B)(C)(D) and 296-73(D) as the application has been fied by a non-resident of the blockclosed; andthe requirements St;t forth in Sectionrequested to beWHEREAS, the closing of the aforementioned street will not affect public safety or convenience, and inaccordance with the provision of Section 296-74 (B) the applicant has made a request to the City Council that theaforementioned requirements set forth in Section 296-71 and 296-73 be waived.NOW THEREFORE IS IT RESOLVED, that the Municipal Council via adoption ofthis resolution authorizesthe closing of Grand Street from Greene Street to Washington Street beginning 10:00 a.m. and ending 8:00 p.m.,Saturday, October 31, 2009 (rain date: Sunday, November 1,2009).JDS:pcl(10.8.,09)plf,APPROVED AS TO LEGAL FORM-: =;corpo£r COUliSWCertification Required DNot RequiredRECOI\O OF COUNCIL VOTE ON FiNAL PASSAGEDAPPROVED 9-010/28 oqCOUNCILPERSON AYE NAY N.v, COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOTTOLANO .I GAUGHAN.IBRENNAN .IDONNELLY I FULOP /,FLOOD,LOPEZ ./ RICHARDSON I VEGA ./., Indicates Vote N.V.-Not Voting (Abstain)U~ m;;ng Municipal Counc;' of the City of JeffY Cit N.J. ¿ .Peter M. Brennan, '~"~""'''""d' W:C'YCPI

This summary sheet is to be attached to the front of any ordinance, resolution, cooperation agreement. or contract that is submitted for Council consideration. Incomplete or sketchy summary sheets willbe returned with the resolution or ordinance. The Department, Division or Agency responsible forthe overall implementation of the proposed project or program should provide a concise and accuratestatement of facts.1. Full title of ordinance/ resolution/cooperation agreement:A resolution authorizing the closing of a municipal street(s), Grand Street from Greene Street toWashington Street beginning 10:00 a.m. and ending 8:00 p.m. on Saturday, October 31,2009 (raindate: Sunday, November 1,2009) at the request of The Historic Paulus Hook Association for thepurpose of a street market/fud raiser2. Name and title of person initiating ordinance/resolution, etc.:Joao D'Souza, Director of Traffc & Transportation, Division of Engineering, Traffc andTransportation3. Concise description of program, project or plan proposed in the ordinance/resolution:Authorize the closing of Grand Street from Greene Street to Washington Street beginning 10:00 a.m.and ending 8:00 p.m. on Saturday, October 31, 2009 (rain date: Sunday, November 1, 2009)4. Reasons (need) for the proposed program, project, etStreet Marketlund Raiser5. Anticipated benefis to the community:Community Affair6. Cost of proposed program, project, etc. (Indicate the dollar amount of City, State andFederal funds to be used, as well as match and in-kind contribution:No cost to the City.7. Date proposed program or project wil commence:10:00 a.m., Saturday, October 31, 20098. Anticipated completion date:8:00 p.m., Saturday, October 31,2009 (rain date: Sunday, November 1,2009)9. Person responsible for coordinating proposed program, project, etc.:Monte Zucker, Supervising Planner, Division of Traffc and Transporttion, ex. 446910. Additional comments:Resolution proposed at the request of Andree Bourgon on behalf of the Historic Paulus HookAssociation, 100 Dudley St, #2411, JCNJ 917.388.7154to me, I certify that all the facts presented herein aret0/9DateSignature of Department Director Date

APPLICATION FOR RECREATIONAL EVENT ST CLOSUREBLOCK: GRA ST from GREENE ST to WASHINGTON STPUROSE OF EVENT: street market/fundraiserBEGINS: lOAM ENDS: 8PM Saturday, Oct 31 (rain date Sunday, Nov 1), 2009APPLICANT: Andree BourgonORGANIZATION: Historic Paulus Hook AssociationSTREET ADDRESS: 100 Dudley St #2411CITY, STATE, ZIP: Jersey City NJ 07302PHONE #: 917.388.7154BEING WAIVED: nonresident

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City Clerk File No. Res. 09-886Agenda No.10.0Approved: OCT 282009TITLE:RESOLUTION AUTHORIZING A RIGHT OF ENTRY AGREEMENT WITH NEW JERSEYDEPARTMENT OF TRANSPORTATIONCOUNCILFOLLOWING RESOLUTION:OFFERED AND MOVED ADOPTION OF THEWHEREAS, the City of Jersey City is the owner of a narow strp of land, approximately 2.14 acres, in theTownship of Keary, New Jersey, which it uses for its 36" auxiliary water pipe, more specificaIly known asBlock 287, Lot 65 (Propert);. andWHEREAS, the New Jersey Deparment of Transporttion intends to acquire the Propert from the City fora roadway improvement project in the Wiltenn BridgelRoute 7 area; andWHEREAS, the New Jersey Department of Transportation, upon purchase, wiIl provide the City with aneasement to allow its continued use of the Propert for its 36" auxiliary water pipe; andWHEREAS, the New Jersey Deparent of Transporttion has provided the City with an appraisal in theamount of $180,000.00, which purport to equal the value of the Propert minus the value of said easement;andWHEREAS, the City of Jersey City wil have its own appraisal done prior to any negotiations taking place;andWHEREAS, while good faith negotiations are taking place, the New Jersey Deparment ofrequested permission from the City to enter onto the Propert for the purpose ofaforesaid roadway improvements; andTransportation hasbeginning work related to theWHEREAS, the City's water engineers wil review and approve any proposed work before such workcommences; andWHREAS, it is in the best interests of the City of Jersey City to permt the New Jersey Deparment ofTransporttion interim access to the Propert subjectAgreement attched hereto.to the terms and conditions set forth in the Right of EntrNOW THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Jersey City that theMayor or Business Admnistrator be authoried to:i. Execute a Right of Entr Agreement granting permission to the New Jersey Deparent ofTransporttion to enter onto the Propert owned by the City of Jersey City for a period not to exceedsix (6) months.2. The agreement shall be in substantially the form attched, subject to such modification or additionalterm and conditions as the Business Admnistrator and Corporation Counsel deem necessar andappropriate.3. Take such other actions as may be necessar to effectuate the purposes of the agreement., APPROVED AS TO LEGAL;;FORM- -= ?Corporation Counsel,!L..09123Certification Required 0Not Required o itßPROVED , 9-0JlO128/09RECORD OF COUNCIL VOTE ON FINAL PASSAGECOUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.Y.SOnOLANO / GAUGHAN,/ BRENNAN IDONNElLYI FULOP I FLOODILOPEZ .¡ RICHARDSON ,/ VEGA ,/,l Indicates VoteAdOV øøng ¡q Mu I Council of the City of Jersey City, N.J.N.V.-Not Voting (Abstain)Peter M. Brennan~resident of Council

RIGHT OF ENTRYRoute: 7 Wittpenn Bridge - Section: 1, Parcel: 39(More specifically know as Block 287, Lot 65 inthe Township of Kearny, New Jersey)Project: 100% StateOwner: City of Jersey CityTo: New Jersey Department of TransportationIn cooperation with the State, the Owner grants permission to enter upon the listed parcel(s) forthe purpose of constructing roadway improvements. The Owner hereby acknowledgesthat itvoluntarily relinquishes its known right to immediate payment on vacating ofthis right of entry.the premises withIt is understood thatthe State recognizes the cooperation ofthe Owner in grantingthis voluntarypermission of entry, and it is further understood that the State will proceed promptly withnegotiations, so that a settement based on a fair market value and just price can be reached,or in the event a settlement isnot reached, to promptly institute Eminent Domain proceedings,so thata fair and just reward can be rendered bya neutral commission as soon as possible.Subject to the provisions ofthe New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq., and theavailability offunds, the Department of Transportation will be responsible for personal injuriesand property damage caused by the negligent acts of the Department, its employees andofficials which occur on the property identified in this Agreement. Any claim for such personalinjury or property damage must be filed in accordance with N.J.S.A. 59:8-1 et seq.The Owner shall not be relieved of any legal obligations resulting from the presence ofcontamination on the property, as of the date of closing or the date of vacation of theproperty by all occupants, Whichever is later.The Jersey City Water Engineer must be notified atleast five (5) working days prior to thecommencement of any work on the property. All plans and specifications must be approved bythe Jersey City Water Engineer. Any changes in the plans and specifications for work to be donemust be approved by the Jersey CityWater Engineer.

The State shall have the right of ingress and egress to the property and the passage of personsor vehicles in connection with such construction; provided, however, that the entering upon orcrossing of the property with heavy equipment is not permitted unless written permission isobtained from the Jersey City Water Engineer.Owner or AgentWitnessDateRobert M. CunninghamManager Technical Support

",Resolution of the City of Jersey City, N.J.City Clerk File No.Agenda No.Approved:Res. 09-887LO.POCT 2 8 2009TITLE:RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH PPGINUSTRIS, INC. TO ENTER ONTO CITY-OWNED PROPERTYKNOWNAS BLOCK 2006A, LOT 2 ALSO KNOWN AS 824 GARFIELD AVENUECOUNCILresolution:offered and moved adoption ofthe followingWHEREAS, the City of Jersey City (City) owns real propert known as Block l006.A, Lot 2, alsoknown as 824 Garfield Avenue (Propert); andWHEREAS, PPG Industries, Inc., a Pennsylvania Corporation (PPG), whose address is 1 PPGPlace, Pittsburgh, Pennsylvania i 5272, entered into an Administrative Consent Order (ACO) on July19, 1990 with the New Jersey Departent of Environ mental Protection (DEP), and a Partial ConsentJudgment effective June 26, 2009 pursuant to which PPG would be required to perform certaintesting, soil borings, groundwater testing and monitoring and remedial work on and in the Propert;andWHEREAS, PPG requests the City's permission to enter the Propert for the purpose of performingenvironmental testing and performing environmental remediation work; andWHEREAS, PPG needs access to the Propert to comply with the DEP's ACO and the PartialConsent Judgment which establishes a five year schedule for remediation; andWHEREAS, PPG desires to enter into a license agreement with the City for a term of five yearseffective as the date the license agreement is executed by City offcials; andWHEREAS, PPG agrees to execute the license agreement attached hereto to.NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council ofthat:the City of Jersey Cityi. PPG, its contractors, and agents are authorized to enter onto the Propert for the purpose ofperforming the activities described in the license agreement attached hereto;2. subject to such modification as may be deemed necessary or appropriate by CorporationCounsel, the Mayor or Business Administrator is authorized to execute the license agreementattached hereto; and¡j,2.009119 ,.ß~:.

City Clerk File No. Res. 09-887Agenda No.1O.PPg.#~Approved OCT 2 8 2009TITLE:RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH PPGINDUSTRIES, INC. TO ENTER ONTO CITY-OWNED PROPERTY KNOWNAS BLOCK 2006A, LOT 2 ALSO KNOWN AS 824 GARFIELD A VENUE3. the term of the license agreement shall be five years effective as of the date that the LicenseAgreement is executed by City officials.RR10-16-09APPROVED AS TO LEGAL FORM~Corporation Counsel; 9 1 1 9Certification Required 0Not Required o APPROVED 9-0RECORD OF COUNCIL VOTE ON FINAL PASSAGE 10/28/09COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO / GAUGHAN ,/ BRENNAN ./Dmiiii:ii v .;FULOP ,/FLOOD .ILOPEZ .IRICHARDSON ./ VEGA i/,/ Indicates VoteV~tiì1ine ~' 01'" C'Y of Je.. C'Y, N.J.Peter M. Brennan. President of CouncilN.V.-Not Voting (Abstain)

LICENSE AGREEMENTTHIS AGREEMENT made this _ day of October, 2009 (hereinafter referred to as the"Agreement") between the City of Jersey City, a municipal corporation of the State of NewJersey (hereinafter referred to as "City" or Licensor") and PPO Industries Inc., a Pennsylvaniacorporation (hereinafter referred to as "Licensee" or "PPO"), whose address is 1 PPOPlace,Pittsburgh, Pennsylvania 15272. Licensor is the owner ofproperty identified on City tax map asBlock 2006.A, Lot 2, and more commonly known as 824 Oarfield Avenue, Jersey City(hereinafter referred to as the "Premises").PPO entered into (i) an Administrative Consent Order on July 19, 1990 with the NewJersey Department of Environmental Protection ("DEP"), and (ii) a Partial Consent JudgmentConcerning PPO Sites, effective as of June 26, 2009, with the DEP, the Administrator of theNew Jersey Spil Compensation Fund (the "Administrator"), Licensor, and the City, pursuant towhich PPO may have to perform certain activities on and in the Premises.By this Agreement the City grants permission to the Licensee to enter onto the Premisesfor the purpose of performing an environmental investigation of the soil and performingenvironmental remediation work if the Premises are contaminated by hexavalent chromium.Licensee, and/or its employees, contractors or agents, are permitted to enter the Premises for thepurposes described in this Agreement and subject to the terms and conditions of this Agreementwhich are set forth below.The tenn of this Agreement is for a period of five (5) years effective as of theAgreement is executed by City offcials.date this1. The Licensee and its respective agents, employees or independent contractors shall bepermitted to enter on, occupy, and use the Premises (including, without limitation, theinterior of any structure thereon) for the purpose of performing any and all environmentaltesting and, if required, remediation. Licensor shall take whatever steps are necessary tomake the site accessible to PPO and its agents, employees or independent contractors.The use of the Premises for activities other than those listed above are permitted only uponthe review and written approval of the City Engineer.2. The permission hereby granted for use of the Premises may only be revoked by the Cityfor reasonable cause, by the City's Manager of Real Estate giving thirty (30) days writtennotice to the Licensee. Revocation shall not relieve the Licensee of any liabilities orobligations which stem from its use of the Premises which occurred on or prior to thedate of revocation.3. Any damage to property owned by or under the jurisdiction of the City resulting from theuse of the Premises by the Licensee will be repaired by the Licensee at its own cost andexpense. If the Licensee fails to make such repairs within a reasonable time after being, requested to do so, the City shall have the right to make such repairs and the Licenseeagrees to reimburse the City for all costs and expenses thereof.4. The Licensee agrees to assume any and all risk of loss or damage of any kind whatsoever1299063v4to property or injur to or death including wrongful' death of persons arising out of theLicensee's use of the Premises permitted herein. The Licensee further agrees to indemnify

- .-- ,.'.. - '--.:. _......_'~.and hold harmless the City, its officers, directors, employees or agents from and against.any and all claims, suits and demands based upon any of the risks so assumed, whetherjust or unjust, fraudulent or not, and for all costs and expenses incurredby them in thedefense, settlement or satisfaction of any such claims, including attorney's fees and costsof suit. If so directed, the Licensee shall, at no cost or expense to the City, defend againstsuch claims, in which event the Licensee shall not, without obtaining express permissionin advance from the Corporation Counsel of the City, raise any defense involving in anyway the immunity of the City, or the provisions of ap.y statutes respecting suits againstthe City. The Licensee's liability under this Agreement shall continue after thetermination of it with respect to any ~iability, loss,expense or damage resulting from actsoccurrng prior to termination.5. Nothing herein contained shall be understood or construed to create or grant any thirdparty benefits, rights or property interest unless the person claiming such rights isidentified herein and the rights claimed are expressly set forth herein.6. The permission to use the Premises is not intended to grant permission to use unoccupiedproperty not under the jurisdiction of the City, nor is it intended to relieve the Licenseefrom its responsibility to procure and maintain in effect all other requisite permissionsand approvals.7. The entire agreement between the City and Licensee is contained herein and nomodifications hereof shall be effective unless in writing, signed by the party to becharged herewith.'-8. City officials, officers, directors, employees or agents shall not be charged personallywith any liability under any term or provision of this Agreement or because of itsexecution or attempted execution or because of any breach or alleged breach thereof.9. The Licensee's use of the Premises shall keep all improved and open public streets free,and clear of obstructions and shall not interfere with their use.10. The City shall not be responsible for any loss or theft sustained by the Licensee during itsuse of the Premises.11. The Licensee or its contractors shall provide insurance coverage to the City indemnfyingthe City from any liability in connection with the Licensee's use of the Premises.Licensee wil supply the City with a copy of its insurance liability policy. The type and, amount of the insurance shall be determined by the City's Risk Manager. TheCity shallbe named as an insured party. All accidents or injuries to person, or any damages toproperty, occurrng as a result of or in connection with the Licensee's use of the Premisesshall be reported immediately to the City of Jersey City, Division of Risk Managementand the Office of Real Estate as authorized representatives of the Licensor together withall information required by the Licensor on prescribed forms to be provided by theLicensor.12. The Licensee's use of the Premises shall be in accordance with all applicable federal,state, county, and City laws and regulations including but not limited to health ordinancesand regulations of the City which are applicable to the intended use of the Premise,S bythe Licensee.13. Alleqtiipment installed or used by the Licensee in connection with its use of the Premises1299063v4

that may be removed without damage to the Licensor's Premises shall be deemed to bethe property of the Licensee and shall be removeá by it at the termination of thisAgreement, or not later than two (2) weeks thereafter. In the event that the same is notremoved, the same shall be deemed abandoned and the Licensor shall have the right todispose of the same and charge the Licensee for any cost of disposing thereof.14. The Licensee shall provide in writing to the Licensor the name of one (1) authorizedrepresentative of the Licensee who shall be responsible for adherence to the terms andconditions of this Agreement before, durng and after the effective date of thisAgreement. No other persons are to speak or act for the Licensee.15. All Notices between the paries hereto shall be addressed and delivered to the following:Licensor:An Mare Miler, ManagerOffice of Real EstateCity Hall280 Grove StreetJersey City, N.J. 07302Telephone No. (201) 547-5234Licensee:Brian McGuireManager, Environmental ProjectsPPG Industries, Inc.P.O. Box 20094325 Rosanna DriveAllson Park, Pennsylvania 15101-2009with copies to:Joseph F. Lagrotteria, Esq.LeClairRyan2 Penn Plaza EastNewark, New Jersey 0710516. This Agreement, When properly executed, shall be binding upon and inure to the benefitof the parties hereto and the contractors or agents of Licensee. The Licensee shall notassign this Agreement, or any part thereof, or occupy the Premises for any other reasonor reasons than herein stipulated in this Agreement, under penalty of damages.17. All of the above terms and conditions shall be binding on the Licensee, Licensor and allother parties connected with the event for which the Premises are herein licensed. Anyand all violations of the terms and conditions of this Agreement shall be consideredjustcause for ünmediate termination and cancellation of this Agreement.18. This Agreement, when properly executed, shall be binding upon the paries hereto andtheir respective successors and assigns.1299063v4

. .,-; .~ .':-:::0."; : ,. :c:¡-- ':;-.':."'-::::: -'~.-:--:::_i 9. This Agreement shall terminate five years after its effective date.20. Licensor shall not, without prior written notice to PPG and DEP, undertake any activitiesat or on the Premises that could disturb soil or groundwater.2 i. All validated sampling data wil be supplied to Licensor by PPG. Notwithstandinganything else to'the contrar contained in ths Agreement, and for the avoidance ofdoubt, PPG shall not be obligated to provide any report, data or other information toLicensor unless and until it has been validated.Please indicate the Licensee's acceptance of the foregoing by signing and dating the duplicateoriginals hereof.AGREED to this _ day of October, 2009PPG INDUSTRIES, INC.(Licensee)By:Name:Title:CITY OF JERSEY CITYBy:Name:Title:Attest:Attest:1299063v4

Resolution ofthe City of Jersey City, N.J.City Clerk File No. Res. 09-888Agenda No. 10 . QApproved: OCT 2 8 2009TITLE:RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH PPGINUSTRIS, INC. TO ENTER ONTO CITY-OWND PROPERTYKNOWNAS 880 GARFIELD AVENUE, 884 GARIELD A VENUE, 70 CARTERETSTREET, AND 2 DAKOTA STREETCOUNCILresolution:offered and moved adoption of the followingWHEREAS, the City of Jersey City (City) owns real property known as Block 2026.1, Lot 2.Aa/k/a as 880 Garfield Avenue; Block 2026.1; Lot 4.A a/a 884 Garfield Avenue; Block 2026.i , Lot3.B a/k/a 70 Carteret Street; Block 2026.A, Lot 3.A a/k/a 2 Dakota Street (Properties); andWHEREAS, PPG Industries, Inc., a Pennsylvania Corporation (PPG), whose address is 1 PPGPlace, Pittsburgh, Pennsylvania 15272, entered into an Àdministrative Consent Order (ACO) on July19, 1990 with the New Jersey Departent of Environmental Protection (DEP), and a Partial ConsentJudgment effective June 26, 2009 pursuant to which PPG would be required to perform certaintesting, soil borings, groundwater testing and monitoring and remedial work on and in the Property;andWHEREAS, PPG requests the City's permission to enter the Properties for the purpose ofperforming environmental testing and performing environmental remediation work; andWHEREAS, PPG needs access to the Properties to comply with the DEP's ACO and the PartialConsent Judgment which establishes a five year schedule for remediation; andWHEREAS, PPG desires to enter into a license agreement with the City for a term ofeffective as the date the license agreement is executed by City offcials; andfive yearsWHEREAS, PPG agrees to execute the license agreement attached hereto to.NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council ofthat:the City of Jersey Cityi. PPG, its contractors, and agents are authorized to enter onto the Properties for the purposeof performing the activities described in the license agreement attached hereto;2. subject to such modification as may be deemed necessar or appropriate by CorporationCounsel, the Mayor or Business Administrator is authorized to execute the license agreementattached hereto; andi1u?009120

City Clerk File No. Res. 09-888Ågenda No.lO.QPg.#~Approved OCT 2 8 2009TITLE:RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH PPGINDUSTRIES, INC. TO ENTER ONTO CITY-OWND PROPERTY KNOWNAS 880 GARFIELD AVENUE, 884 GARFIELD AVENUE, 70 CARTERETSTREET, AND 2 DAKOTA STREET3. the term of the license agreement shall be five years effective as of the date that the licenseagreement is executed by City offcials.RR10-16-09') n~APPROVED AS TO LEGAL FORMCorporation CounselCertification Required 0Not Required oAPPROVED 9,0RECORD OF COUNCIL VOTE ON FINAL PASSAGE 10/28/09COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO ./ GAUGHAN I BRENNANDONNELLY / FULOP 7 FLOOD ,//LOPEZ r/ RICHARDSON ./ VEGA II,/ Indicates VoteAd~ a meeting of t\Ydi HPeter M. Brennan.M icipal Council of the City of Jersey City, N.J.N.V.-Not Votlng (Abstain)

1 ' '". - "-', ",. . :. .,_:.- - ,~_.. '.LICENSE AGREEMENTTHIS AGREEMENT made this _ day of September, 2009 (hereinafter referred to asthe "Agreement") between the City of Jersey City, a municipal corporation of the State of NewJersey (hereinafter referred to as "City" or Licensor") and PPG Industries Inc., a Pennsylvaniacorporation (hereinafter referred to as "Licensee" or "PPG"), whose address is 1 PPG PJaèe,Pittsburgh, Pennsylvania i 5272. Licensor is the owner of property identified on the City tax mapas (i) Block 2026. i Lots 2.A, 3.B and 4.A (commonly known, respectively, as 880 GarfieldAvenue, Jersey City, New Jersey; 70 Carteret Avenue, Jersey City, New Jersey; and 884 GarfieldAvenue, Jersey City, New Jersey) and (Ii) Block 2026.A, Lot 3.A (commonly known as 2 DakotaStreet, Jersey City, New Jersey) (hereinafter referred to as the "Premises").PPG entered into (i) an Administrative Consent Order ("ACO") on July i 9, i 990 with theNew Jersey Department of Environmental Protection ("DEP") and (ii) a Partial ConsentJudgment Concerning the PPG Sites, effective as of June 26, 2009, with the DEP, theAdministrator of the New Jersey Spil Compensation Fund (the "Administrator"), and the City("Partial Consent Judgment"), pursuant to which PPG may have to perform certain activities onand in the Premises.By this Agreement the City grants permission to the Licensee to enter onto the Premisesfor the purpose of performing an environmental investigation of the soil and performingenvironmental remediation work if the Premises are contaminated by hexavalent chromium.Licensee, and/or its employees, contractors or agents, are permitted to enter the Premises for thepurposes described in this Agreement and subject to the terms and conditions of this Agreementwhich are set forth below.The tenn of this Agreement is for a period of five (5) years, effective as of the date thisAgreement is executed by City offcials. ,The use of1. The Licensee and its agents, employees, or independent contractors shall be permitted toenter on, occupy, and use the Premises (including, without limitation, the interor of anystructure thereon) for the purpose of perfonning any and all environmental testing and, ifrequired, remediation. Licensor shall take whatever steps are necessary to make the siteaccessible to PPG and its agents, employees, or independent contractors.the Premises for activities other than those listed above are permitted only upon thereview and written approval ofthe City Engineer.2. The pennission hereby granted for use of the Premises may only be revoked by the Cityfor reasonable cause, by the City's Manager of Real Estate giving thirty (30) days wrttennotice to the Licensee. Revocation shall not relieve the Licensee of any liabilities orobligations which stem from its use of the Premises which occurred on or prior to thedate of revocation.3. Any damage to property owned by or under the jurisdiction of the City resulting from theuse of the Premises by the Licensee wil be repaired by the Licensee at its own cost andexpense. If the Licensee fails to make such repairs within a reasonable time afterrequested to do so, the City shall have the right to make such repairs and the Licensee beingagrees to reimburse the City for all costs and expenses thereof.1298582v5

--~4. The Licensee agrees to assume any and all risk ofloss or damage of any kind whatsoeverto property or injury to or death including wrongful death of persons arising out of theLicensee's use of the Premises permitted herein. The Licensee further agrees to indemnifYand hold hanless the City, its officers, directors, employees or agents from andagainstany and all claims, suits and demands based upon any of the risks so assumed, whetherjust or unjust, fraudulent or not, and for all costs and expenses incurred by them in thedefense, settement or satisfaction of any such claims, including attorney's fees and costsof suit. If so directed, the Licensee shall, at no costor expense to the City, defend againstsuch claims, in which event the Licensee shall not, without obtaining express permissionin advance from the Corporation Counsel of the City, raise any defense involving in anyway the immunity of the Cityi or the provisions of any statutes respecting suits againstthe City. The Licensee's liability under this Agreement shall continue after thetermination of it with respect to any liability, loss, expense or damage resulting from actsoccurrng prior to termination.5. Nothing herein contained shall be understood or construed to create or grant any thirdpary benefits, rights or property interest unless the person claiming such rights isidentified herein and the rights claimed are expressly set forth herein.6. The permission to use the Premises is not intended togrant permission to use unoccupiedproperty not under the jurisdiction of the City, nor is it intended to relieve the Licenseefrom its responsibility to procure and maintain in effect all other requisite permissionsand approvals.7. The entire agreement between the City and Licensee is contained herein and nomodifications hereof shall be effective unless in writing, signed by the party to be, charged herewith.8. City officials, offcers, directors, employees or agents shall not be charged personallywith any liability under any term or provision of this Agreement or because of itsexecution or attempted execution or because of any breach or alleged breach'thereof. '9. The Licensee's use of the Premises shall keep all improved and open public streets freeand clear of obstructions and shall not interfere with their use.10. The City shall notbe responsible for any loss or theft sustained by the Licensee during itsuse of the Premises.11. The Licensee or its contractors shall provide insurance coverage to the City indemnifyingthe City from any liability in connection with the Licensee's use of the Premises.Licensee wil supply the City with a copy of its insurance liability policy. The type andamount of the insurance shall be determined by the City's Risk Manager. The City shallbe named as an insured pary. All accidents or injuries to person, or any damages toproperty, occurrng as a result of or in connection with the Licensee's use of the Premisesshall be reported immediately to the City of Jersey City, Division of Risk Managementand the Office of Real Estate as authorized representatives of the, Licensor together withall information required by the Licensor on prescribed forms to be provided by theLicensor.12. The Licensee's use of the Premises shall be in accordance with all applicable federal,state, county, and City laws and regulations including but not limited to health ordinances1298582v5

and regulations of the City which are applicable to the intended use of the Premises bythe Licensee.the Premisesthat may be removed without damage to the Licensor's Premises shall be deemed to bethe property of the Licensee and shall be removed by it at the termination of thisAgreement, or not later than two (2) weeks thereafter. In the event that the same is noti 3. All equipment installed or used by the Licensee in connection with its use ofremoved, the same shall be deemed abandoned and the Licensor shall have thedispose of the same and charge the Licensee for any cost of disposing thereof.right to14. The Licensee shall provide in writing to the Licensor the name of one (1) authorizedrepresentative of the Licensee who shall be responsible for adherence to the terms andconditions of this Agreement before, durng and after the effective date of thisAgreement. No other persons are to speak or act for the Licensee.15. All Notices between the paries hereto shall be addressed and delivered to the following:Licensor:Ann Marie Miler,Manager Offce of Real EstateCity Hall280 Grove StreetJersey City, N.J. 07302Telephone No. (201) 547-5234Licensee:Brian McGuireManager, Environmental ProjectsPPG Industries, Inc.P.O. Box 20094325 Rosana DriveAllson Park, Pennsylvania 15101-2009with copies to:Joseph F. Lagrotteria, Esq.LeClairRyan2 Penn Plaza EastNewark, New Jersey 0710516. This Agreement, when properly executed, shall be binding upon and inure to the benefitof the parties hereto and the contractors or agents of Licensee. The Licensee shall not1298582v5

':.~'~~-;-'..:ï"-- -.-~assign this Agreement, or any part thereof, or occupy the Premises for any other reasonor reasons than herein stipulated in this Agreement, under penalty of damages.17. All of the terms and conditions herein shall be binding on the Licensee, Licensor and allother parties connected with the event for which the Premises are herein licensed. Anyand all violations of the terms and conditions of this Agreement shall be considered justcause for immediate termination and cancellation of this Agreement.i 8. This Agreement, when properly executed, shall be binding upon the parties hereto andtheir respective successors and assigns.i 9. This Agreement shall terminate five years after its effective date.20. Licensor shall not, without prior written notice to PPG and DEP, undertake any activitiesat or on the Premises that could disturb soil or groundwater.2 i. All validated sampling data wil be supplied to Licensor by PPG. Notwithstandinganything else to the contrary contained in this Agreement, and for the avoidance ofdoubt, PPG shall not be obligated to provide any report, data or other information toLicensor unless and until it has been validated.Please indicate the Licensee's acceptance of the foregoing by signing and dating the duplicateoriginals hereof.AGREED to this day of September, 2009PPG INDUSTRIES, INC.(Licensee)CITY OF JERSEY CITYBy:By:Attest:Attest:1298582v5

Resolution of the City of Jersey City, N.J.Á~City Clerk File No. Res. 09-889Agenda No. lO.R"~~LPi r;~,.r ¡"i -q - y-,' I ~.. \~.. \~b/ ~Approved: OCT 2 8 2009¡'Ê' L, ~,," 'I' Ii i,A ¡,.j, i/:: -~--Il f',TITLE:RESOLUTION AUTHORIZING THEA W AR OF CONTRACT TO RMD INSTRUMENTS,LLC FOR FURNISHING AND DELIVERING LEAD IDENTIFICATION & TESTEQUIPMENT TO THE DEPARTMENT OF HEALTH & HUMAN SERVICES UNDERSTATE CONTRACT WITHOUT PUBLIC BIDDINGDeparent ofCOUNCILOFFERED AND MOVED ADOPTION OF THE FOLLOWING RESOLUTION:WHREAS, there exists a need for Lead Identification & Test Equipment for theHealth & Human Services; andWHEREAS, pursuat to the Local Public Contracts Law, N.J.S.A. 40A:1l-12 allowingmuúicipalities to use state contract without public bidding; andWHEREAS, RMD Instruments, LLC 44 Hunt Street, Watertown, Ma. 02472 beingin possession of State Contract A 74553, wil Furish and Deliver Lead Identification & TestEquipmentto the Department of Health & Human Services in the total amount of NineteenThousand. Four Hundred Ninety ($19,490.00) Dollars; andWHREAS, the Acting City Purchasing Director has certified that he considers saidquotation to be fair and reasonable; andWHREAS, this amount is available in the present budget for this expenditue in accordancethe Local Budget Law, N.J.S.A. 40A:4-1 et. seq.with requirements ofHealth & Human ServicesAcct. No. 02-213-40-963-402 P.O. No. 98218 Amount $ 19,490.00NOW, THEREFORE, BE IT RESOLVED, by the Muncipal Council ofthe City ofJersey City that the said quotation of the aforementioned RM Instruments,LLC, be accepted andtha: a contract be awarded to said company in the above amount and the Acting City PurchasingDirector is directed to have such a contract drawn up and executed; and be it fuerRESOLVED, that ùpon certification by an official or employee ofthe City authorized toreceive the material pursuant to the contract met, then payment to the contractor shall be made inaccordance with the provisions of the Local Fiscal Affairs Law, N.J.S.A. 40A:5-1 et. seq; and be itfuer(Continued on page 2)

City Clerk File No. Res. 09-889Agenda No.10.RPg.#..Approved OCT 2 8 2009TITLE:RESOLUTION AUTHORIZING THEA WAR OF CONTRACT TO RMD INSTRUMENTSLLC, FOR FURNISHING AN DELIVERIG LEAD IDENTIFICATION & TESTEQUIPMENT TO THE DEPARTMENT OF HEALTH & HUMAN SERVICES UNDERSTATE CONTRACT WITHOUT PUBLIC BIDDING~ ,A' RESOLVED, this contract shall be subject to the condition that the vendor/contractorevidence of compliance with the Affirmative Action Amendments to the0. provide satisfactory17')j~aw Against Discrimination, N.J.S.A.I O;5-31 et. seq. and be it fuherl 1\:)-\ ' RESOLVED, that the Mayor or Business Administrator is hereby authorized to execute acontract on behalf ofthe City of Jersey City.I, ~~ Donna Mauer, Chief FinancIal Offcer, certifythat there7l funds available for payment of this above resolution in the AccountNo. 02-213-40-963-402Health & Human ServicesAcct. No. 02-213-40-963-402 P.O. No. 98218 Amount $ 19,490.00~asing DirectorAPPROVED AS TO LEGAL FORM-=c:~Corporation ;; --Certification Required 0Not Required 0APPROVED a-ORECORD OF COUNCIL VOTE ON FINAL PASSAGE 10/28/09COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOTTOLANO I GAUGHAN ./ BRENNAN .I, DONNEllY ./ FULOP ,/ FLOOD .ILOPEZ i/ RICHARDSON i/ VEGA, ,/N.V.-Not Voting (Abstain)ÛL,,~

N.J. oépartment of Treasury - Division of Revenue, On-Line Inquiry Page I of 1, STATE OF NEW JERSEYBÚSINESS REGISTRATIO'N CERTIFICA TEI,; .~Taxpayer Name:Trade Name:Address:'Certifcate Number:Effective Date:Date of Issuance:RMD INSTRUMENTS' CORP, 44 HUNTSTWATERTOWN, MA 02472A6991459533January 12,2009January 22, 2009For Offce Use Only:20Q90122145532135~.., https://ww'Ì'I'I.state.nj.us/TYTR, BRC/servlet/col1l1onlBRCLogin 1/22/2009

:-';=.':Form W..9(Rev. Oclober 2007). Departent 01 lhe Treasury1"lema! Revenue ServiceNQloilta.i:oQl IIa. g~:¡L- 0C? È£ L-_ ~.0. 0'I;'õQla.VlQlQlen,Name (as shown on your income tåx return)RMD Instruments Corp.Business name, If different from aboveRequest for TaxpayerIdentification Number andCertifìcationCheck ,appropriate box: ¡j IndivldualfSol~ proprietor IZ Corporation 0 P.annershipclassification (D=disregarded entity, C=corporatlon"P=partnershlp) .. '.. -'. .'.-D Umlted liabilty company. Enter the taxo Other (see instructions) .. .."Give form to therequester. Do notsend to the IRS.O Exempt payeeAddress (number;,street, and apt. or suite no.) Reauesitits name and address (optionaQ44 Hunt Street,, ,.mn Taxpayer Identification Number (TIN)SocIalEnter your TiN in the appropriate box. The TIN provIded musbrnatch the name gIven on Une 1 to avoidbackup withholding. For Individuals, this Is your social security number (SSN). However, for a residentalien, sole proprietor, or disregarded entity, ,see the Part I Instructions on' page 3~ For other entitles, it Isyour employer identifcation number (EIN). If you do not have a number, see How to get a TIN on page 3.number to enter. 'CertificationNote~ If the account Is in more than one name, see the chart on page 4 for guidelines on whoseUnder penalties of perjury, I certify that:security number1. The number shown on thIs form Is my correct taxpayer identification number (or I am waiting for a number to.be issued to me), andthe Internal2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified byRevenue Service (IRS) that I am subject to backup withhOlding as a result of a failure to report all interest or dividends, or (c) the IRS hasnotified me that I am no longer subject to backup withholding, and' , '"3. I am a U.S. citizen ór other U.S. person (defined below).Certifcation instrctions. You must cross out item 2 ,above If yoU have been notlfled by the IRS that you are currently subject to backupwithholding because you have failed to report all,interest and dividends ,on your taxretum. For real estate transactions, item 2 does not apply.For mortgage Interest paid, acqulsllon or abandonment of secured propert, cancellation of debt, contributions to an Individual retirementarrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certlfcåtlon, but you mustprovide your correct TIN. See the Instructions on page 4, ,SignHereGeneralInstructionsSection referencesotherwisenotep. 'are to the lntemal Revenue Code unlessPurpose of FormA person-who is required to fie an Information return with theIRS must obtain your correct taxpayer Identlfcation number"TIN)to report, for example, income paid ,to you, real estatetransactions, mortgage Interest you paid, acquisition or ., abandonment of s~ured property,cancellation,of.debt, orcontributions you made to ,an IRA.Use Form W-'9 only if you are a U.S. person Qnch-iding aresident alien), to provide your correct TIN to the personrequesting it (the requester) and; when applicable, to:1. Certify that the,TIN YOLJ are giving is correct (or you arewaitingJor a number to be issued), ,2. Certify that you are npt subjeCt to backup witnholding"or -3. Claim exemption fromba~kup withholding if you area U.S.exempt payee. IfSlg~aturã 01-'0--u.s. person ..applicable, you are also certifing that as aU.S. person, "youral/ocable share of any partnership income from, a U.s. trade or business Is not subjeCt to the withholding tax on,foreign partners' share of effectively connected ,income. .Note. If a requester gives you a form other than Form W-g torequest your TIN, ,you must use the requester's form if it Issubstantially similar to this Form W-9: 'Cat. No. 10231X,:orEmployer Identifcation nùmber26 2897356efinition of a U.S. perso~. or federal tax purposes, you areconsidered a U.S. person If you are: '. An Individual who is a U.S. citizen or U;S. resident alien,. A partnership, corporation, company, or association created ororganized in the United States or under the laws oUhe United, States;. An estate (other than a foreign estate), or'. A domestic trust (as defined In Regulations section301.7701-7)., , , , , "Spedal rules for parterships. "Partnerships that coriduct atrade or business in the United States are generally required topay a withholding tax on any foreign partners' share of ,incomefrom such business. Further, in certain cases where a Form W-9has not been received, a partnership is required to presume that, a partner is a foreign peirson, and pay the withholding tax.Therefore, If you are a, U.S, person that is.a partner in a 'partnership conducting a trade, or business in the United States,provideFòrm W-9 to the partnership to establish your U:S.status and avo,id withholding on your share of partnershipIncome.Th"e person who gives Form W~9 to the partnership for- purposes of establishing its U.S. status and avoiding withholding, on ItS allocable share of net income from the partnershipconducting a trade or business in the United States is in thefollowing cases:_R":.", .:.~... The U.S. owner of a disreg~rded entity and not the entity,Form W-9 (Rev. '.0-2007)

, C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORMRequired Pursuant To N.ISA. 19:44A-20.26This form or its permitted facsimile must be submitted to the local unit 'no later than 10 days prior to the award of the contract.. '¡:-~Part I - Vendor InformationVendor Name: I RM'Instuinents CorpAddress: I 44.Hunt Street,City: T Watertown.. ;I State: MA I, Zip: 02472,...fonn. ' '", 'compliance with the provisions ofN_J.S.A. 19:44A-20.26 and asThe undersigned being authorized to certify, hereby cei1ifies that the submission provided herein representsrepresented by the Instructions accompanying this')U/t 1 fld O.Utve: r Outltvt4-kSignature , , ( Printed Name , . TitlePart II:. ContributionDisclosure. Disclosure reqiiirement: Pursuant toN,IS.A.19:44A-20.26 tIus disclosure must incllide all reportablepolitical contributions (more thai $300 per election cycle) over tiie 12 months prior to submission to thecommittees of tiie government.entities listed on'thefonn provided by the local unt.o 'Check here ifdisclosure is providedii:i electronic fmID.,. Contributor Name Recipient Name Date Dollar Amount- -'... -, .~$-";0 .=.",,; , I n//\ l l)lLX-,-- / ''L--",,,,,,, ' ',,-, ,D , Check here if tle information is contiued on subsequent page( s)

)BUSINESS ENTITY DISCLOSURE CERTIFICATIONFOR NON-FAIR AN OPEN CONTRACTSRequied PursuatTo NJ.S.A.19:44A-20.8CITY OF JERSEY CITYPart I - Vendor Afrmation " ,Thè.undersiged, beig authoried and knowledgeable of the cicustàncesj does hereby certify that the RMD IIIJtl111Je/t.rCoip. has not made and wi not make any reportable contrbutions pUrsuant to N.JS.A. 19:44A-l et seq. diat, pw:suant toP.L. 2004, c. 19would bai the award of ths contract m the one year, perod precedig October 5, 2009 to any of dielectedfollowig named candidate coiIlttee, joint candidates committee; oi: politicalofficis ofdie City as defied pursuant to N.I.S.A. 19:44A-3~p), (q) ahd (r)., Marano Vega,)r. ;Election' Fund'Friends of Peter Brennan Election Fund, C()nittee to Elect Wile FloodFriends ofMichael Sottolaoparty commttee representig the.'0', Gaughan Election FùndFul9P 2009 lric.Friends oIViola Richardson for Ward F.Friends of Phi KennyFriends of Nidi R. LopezHealv for Mayor 20097 ,',' ,'", , ," '"Part I1- Ownership Disclosure Certication(g. 'I"certify that the lit below contais die names and home addresses of al owners holdig 10% or more of the issuedand outstadi stock. of die undersiged.Checkthe box that represents the tye ofo Partnership , ~rporation DSoie Proprietorship ,0oLited Partnership"." Niime of Stock or ShareholderDynasil Coiporition of AmericaCraig Di.Gerald Entieobusiness entity:,Subchapter S CorporationLimited Uabilty Corporation DLinited Libilty PartnerslupParent Company385 Cooper Road .West Bei:, NT 0809115 Heather Road- --~--."-. ". .Mantua, NT,08051100 Belvedere StreetUnit lOBBoston,MAHome AddressPart 3 - Sigatue and Attestation: ' ,The tidersigned isfully aware that if I have misrepre~ented in whole or part th affiation and cei1:fication, Iandlor the business entity, wi be lible for any penaltyperitted under law. 'Name of Busess En~J2iUD fir;h"'~ Ii &r. .Si~atue of Affut: , ~I) '1CU-ck 'Tide: Cr..¿¿~ J-Øf.MPnnted Name of Affant: /AClllr. r:-, (!a.l dcr.'e,( , Date: /1) /1 0'7 'Subsèi:bed andswåm before me th l G ' Hay of0d~.r, ' ,2M'., My Commssion expires: '7-:(( -let--,.-:-.:~. ~---.",: .....:-:.....-, () (Wtne~i:attested ~lh t. ",'.'fC~,)l J.. -U-I~t2n.~ ~, ..', '.'. .:~', (Seal .," '. ' ...:. ,,' _'.--" ~.'.~"."\ "

State of New.JerseyDivision of Purchase and PropertCertifcation andContributionsTwo-Year Chapter51I Executive Order 117 VendorDisclosure of political, Gerierallnformation, Solicitation: RFP or Contract No., Description of ServicesFor AGENCY USE ONLY- Award Amount". 'õ'.~Agency Contact InformationAgencyPhone NumberContact PersonAgency EmailPart 1: Vendor InformationFull Legal Business Name RMD Instruments Corptrade name If aPBllcable)(Including, Bus!ness Type o Corporation 0 Limited Partnership 0 Professional Corporation 0 Gener~1 PartnershipAddress 1 44 Hunt StreetCityWatertownVendor Email ...saies~ridinc.como Limited liabilty Company 0 Sole Propnetorship .0 Limited Liabilty Pai:ershlpStale MassachusettsAddress 2VsndorFEINZip 02472Part 2: Public Law 2005, Chapter 511 Executive Order 117 (2008) CertifcationI hereby certify as follows:1. On or after October 15, 2004; neither the below-named entity nor any individualPLEASE262897356Phone (617) 668~900whose contibutions are attributable tothe entity pursuant to Executive Order 117 (2006) has solicited or made any contribution of money, pledge of contribution,including in-kind contribi.tions, company or organization contributions, 117 (2008). as set forth below that wouldbalthe award of a"-:;.~. . '. - . -. . .co,ntract to the vendor, pursuant to the terms of Executive Ordera) Within the preceding 18 months, the below-named person or organization has not made a contribution to:(i) Any candidate committeeand/ör election fund of any candidate for or 'holder of the public offce of Governor- or Lieutenant Governor, , , ,(ii) Any State, county, municipal political part committee; OR(ii) Any legislatie leadership commitee. 'b) During-the term of offce of the current Governor(s), the below-nanied person or organization has not niadea, contribution to(i) Any Candidate, committee 'and/or election fund of the Governor or Lieutenant Governor, ORState; county or municipal political part committee nominating such Govemor in the election preceding,(ii) Anythe commencement of said Governotsterr.'c) Within the 18 months immediately prior to the first day' of thelerm ofoffce of the Governor(s), theperson or organization has not made a contribution to. "below-named '(i) ,Any candidate, committee and/òr election fund of the Govemorpr the political Lieutenant part nominating Governor; the OR successful ' gubernatorialAny State, county,municipal politica(part committee ofcandidate(s)in the last gubernatorial eíection. - 'NOTE: Prior to Novembe"r 15,2008, the only disqualifyingcontributibns include those made by thevendoror a prtneipal owningentity ,,or controllng more tha,n10 percent of the profits or assets of abusinessentiiy (orio percent Df the stcickin the case of a businessterm ofany candidateOffcecommittee and/or electionoffundGovernor.of the or to any state or county poliical'part .that is a corporation for profi) towithin the 18 months immediately priorof thè current Governor orwithin the preceding1B months, during the term of offce,the, CHSLl Rl/21/2009 'Page 1 of 3to the first day of

,Part 3: Disclosure of Contributions Made, 'or individual. - . ,-' " ,, 0 Ch~C~ t~is box if no reportable contributionshave been madeName of RecipientDate of ContributionTypeof ContribUtion (Le. currency, check, loan, in-kind,,'Address of RecipientAmount of Contribution. .by the~bove-named business entity" ---,4 .~; .~Contributor NameRelationship of Contributor to the Vendor.-Contributor AddressCityStateZip.If this form is not being completed electronically, please attach pages for additonal contributionsas necéssary- Olfieiwise click "Add a Contribution" 10 enter additonal contributions.-~.-.~.CHSi.i Rl/21/2009Page 2 of 3

Part 4: CertificationI have read the instructions accompanying this form prior to completing this certification on behalf ofthe above-named business entity.I certfy that, to the best of my knowledge f'nd belief, the foregoing statements by me are true. I arT aware that if any of the statements,are wilfully false, I am subject to punishment.I understand that this certifcation wil be in effect for two (2) years from the dateof approval, provided the ownership statusdoes not change and/or additional contributions are not made. If there are any changesin the ownership ofthe entity or additionalcontributions are made, a new full set of ç10cuments i:re required to be completed and submitted. By submitting this Certifcation andDisclosure, the person or entitynamed herein acknowledges this continuing rep"orting responsibilty and certfies that it wil adherè to it.(CHECKONE BOX A, B or C)_:~ ~: (A) 0 I a~òertitying on be~alfofthei:bove-nam~d business entity ~nd all individuals and/or entities whose eontributiònsareattributable to the entit pursuant to Executive Order117 (2008). _ '(B) 0 I am certifying on behalf of the ~bove-named business entity only,(C) 0 I am certifying on behalf of an individual and/or entity whose contributionsare attributable to the vendor.Signed Name tvtUi-Phone Number (617) 668-6904~~.~Prirn Nam.DateMark CaldwellJU19,2009Title/PositionGeneral ManagerAgency Submission of Forms'The agency should ,submit the completèd and signed Two-Year Vèndor "Certification and Disclosure forms, together with acompleted Ownership Disclosure form, eitherèlectronically to cd134(gtreas.state.nj.us, or regular mail at Ghapter 51 ReviewUnit, P.O. Box 039,33 West State Street, '9th Floor, Trenton, NJ 08625. The agency should save the formsoriginal forms on fie~ ~_nd submit copies to- ~.,-~ . ~ . . the .. .~. Chapter . 51 Review Unit., , _".'c "'-~,Joèally and k~~p theCHSL.l Rl/;21/2009 Page 3 of 3

City Clerk File No. Res. 09-890Agenda No.10.SApproved: OCT 2 8 2009TITLE:RESOLUTION OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITYAUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE COUNTYHUDSON COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICESCOUNCIL AS A WHOLE, OFFERED AND MOVED ADOPTIONofthe following Resolution:WHEREAS, the Hudson County Deparment ofHealth and Human Services, has awarded the Cityof Jersey City (City) a grant in the amount of$241,739.00, for the period of Januar 1,2010 thrDecember 31, 20 I 0 to provide educational and preventative substance programs; andWHEREAS, the City further recognizes that it is incumbent upon not only public offcials butupon the entire community to tae action to prevent such abuses in our community; andWHEREAS, the City will provide monetar matching funds in the amount of$60,435 and in-kindsupport will be provided by Municipal Alliance Sub-Grantees in the amount of$181,304; andWHEREAS, this grant agreement may be renewed and/or extended on a yearly basis, contingenton funding from the County of Hudson Deparment of Health and Human Services.NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council ofCity that:the City of Jerseyi. The Mayor and/or Business Administrtor is authorized to accept the grant award forthe City of Jersey City Muncipal Drug Allance grant for calendar year 2010 in theamount of $241,739.2. The City will provide monetar match fuds in the amount of $60,435.3. The Mayor and/or Business Administrator acknowledge the terms and conditions foradministering the Municipal Drug Alliance grant, including the administrativecompliance and audit.APPROVED:APPROVED::: ¿APPROVED AS TO LEGAL FORM --Corporation CounselCertification Required 0Not Required oAPPROVED 9-0RECORD OF COUNCil VOTE ON FINAL PASSAGE 10/28/09COUNCllPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO iI GAUGHAN I BRENNANDONNEll V / FULOP~JFLOOD iI/LOPEZ ,/ RICHARDSON i/ VEGA, i/,l Indicates VoteAd~ m,otl", r M'D ;OOcilof the COy of J,~", COy, N.J.N.V.-Not Votlng (Abstain)pete~ennan. ", President of Council

City Clerk File No.Agenda No., Res. 09"'89110. TApproved: OCT 2 8 2009TITLE:RESOLUTION OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITYAUTHORIZING THE SUBMISSION OF AN APPLICATION AND ACCEPTANCE OF AGRANT A WARD WITH THE STATE OF NEW JERSEY DEPARTMENT OF HEALTHAND SENIOR SERVICES, DIVISION OF FAMILY HEALTH SERVICES SENIORCITIZEN FARMER'S MARKT PROJECT GRANTCOUNCIL AS A WHOLE, OFFERED AND MOVED ADOPTIONof the following Resolution:WHEREAS, the City of Jersey City, Deparment of Health and Human Services Division of SeniorAffairs (City) is desirous of entering into contract with the State of New Jersey Department of Healthand Senior Services, Division of Family Health Services Senior Citizen Farmer's Market Project(State) to implement and expand health service programs for senior citizens; andWHEREAS, the City further recognizes that it is incumbent upon not only public offcials butupon the entire community to take action to provide additional programs in our community; andWHEREAS, State has awarded the City a grant in the amount of$3,000 for the period of May i,2009 thr November 30, 2009; andWHEREAS, the City will set-up an account for the grant funds.NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council ofCity that:the City of Jerseyi. The Mayor and/or Business Administrator is authorized to submit an application andaccept the grant award for the State Senior Citizen Farer's Market Project Grant forthe period of May i, 2009 thr November 30, 2009 in the amount of$3,000.2. The Mayor and/or Business Administrator acknowledge the terms and conditions foradministenng the Senior Citizen Farmer's Market Project Grant, including theadministrative compliance and audit.APPRO==zAPPROVED AS TO LEGAL FORM~ration CounselCertification Required 0Not Required 0 APPROVED 9-0RECORD OF COUNCIL VOTE ON FINAL PASSAGE 10/28/09COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY NVSOlJOLANO ,/ GAUGHAN ¡' BRENNAN ,/;/ FLOOD ,/LOPEZ.,RICHARDSON ./ VEGA V,l Indicates VoteAdc:Ãting of the Municiæ.~I Council of the City of Jersey Cit, N.J.Peter M. Brennan.DÒNNElLY / FULOPN.V.-Not Votlg (Abstain)

City Clerk File No. Res. 09-892Agenda No.lO.UApproved: OCT 2 8 2009TITLE:RESOLUTION OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITYDIRECTING THE JERSEY CITY PLANING BOAR TO REVIEW ARESOLUTION OF THE MUNICIPAL COUNCIL DESIGNATING BLOCK 792, LOT242 AS AN ARA IN NEED OF REHAILITATIONWHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-14.a., providesthat the governng body of a muncipality may, by resolution, determine that a delineated areais an area in need of rehabilitation if certin conditions are found to exist with the delineatedarea; andWHEREAS, among the conditions precedent to makng such a determnation is a finding that"more than half of the housing stock in the delineated area is at least 50 years old, or amajority of the water and sewer infastrctue in the delineated area is more than 50 years oldand in need of repair and substantial maintenance;" andWHEREAS, the Municipal Council seeks a review by, and recommendation of, the JerseyCity Planng Board, with regard to a proposed resolution ofthe Muncipal Councildetermining that the delineated area, known as Block 792, Lot 242 is an area in need ofrehabilitation; andWHEREAS, a copy of the proposed resolution of the Muncipal Council of the City of JerseyCity is attched hereto for transmittl to the Jersey City Plang Board;NOW, THEREFORE, BE IT RESOLVED by the Muncipal Council ofthe City of JerseyCity that the proposed resolution entitled "Resolution of the Muncipal Council ofthe City ofJersey City Designating Block 792, Lot 242 as an Area in Need ofRehabilitation" be, andhereby is submitted to the Jersey City Plang Board for its review and recommendations,including any modifications which may be recommended.~~Robert D. Cotter, PP, AICPPlang DirectorAPPROVED AS TO LEGAL FORM:=.,'--eOfI'Br:;1 -Certification Required 0Not equi R 'red 0APPROVED q.ORECORD OF COUNCIL VOTE ON FINAL PASSAGE 10/28/09COUNCILPERSON AYE NAY N.V. COUNCILPERSON ; AYE NAY N.V. COUNCILPERSON AYE NAY N.V.sonOLANO I GAUGHAN / BRENNAN 7'DONNElLY ./ FULOP ./ FLOOD ./I ./ LOPEZ RICHARDSON v' VEGA' ./N.V. -Not Voting (Abstain)

RESOLUTION OF THE MUNICIPAL COUNCIL OF THE CITY OFJERSEY CITY DESIGNATING BLOCK 792, LOT 242 AS AN ARA IN NEED OFREHAILITATIONWHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-14.a., providesthat the governing body of a muncipality may, by resolution, determine that a: delineated areais an "area in need of rehabilitation" if certain conditions are found to exist within thedelineated area; andWHEREAS, among the conditions precedent to makg such a determination isa finding that"more than half of the housing stock. in the delineated area is at least 50 years old, or amajority of the water and sewer infrastrcture in the delineated area is more than 50 years oldand in need of repair and substantial maintenance;" andWHEREAS, the Municipal Council sought a review by, and recommendation of, the JerseyCity Planng Board, with regard to a determination that the delineated area, known as "TheGreater Joural Square Study Area" is an area in need ofrehabilitation; andWHEREAS, the Jersey City Planng Board, at its meeting ofNovember 4,2009, thePlanng Board heard sworn testimony from Robert D. Cotter, PP, AICP, Planng Director,to the effect that the Chief Engineer to the Muncipal Utilities Authority had submitted awrtten report confirming that the majority ofthe water and sewer inastructure in the StudyArea is more than 50 years old and would benefit from a program of repair and substatialmaintenance; andNOW, THEREFORE, BE IT RESOLVED by the Muncipal Council ofthe City of JerseyCity that Block 792, Lot 242 be, and hereby is, determned to meet the criteria to be declared"an Area in Need of Rehabilitation."Robert D. Cotter, PP, AICPPlanng Director

Date Submitted to B.A.RESOLUTION FACT SHEET1. Full Title of Resolution:- , RESOLUTION OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEYCITY DIRECTING THE JERSEY CITY PLANING BOAR TO REVIEW ARESOLUTION OF THE MUNICIPAL COUNCIL DESIGNATING BLOCK 792,LOT 242 AS AN ARA IN NEED OF REHAILIT AnON2. Name and Title of Person Initiating the Resolution:Carl Czaplicki, Director, Deparment of Housing, Economic Development andCommerce3. Concise Description ofthe Plan Proposed in the Resolution:1bs Resolution directs the Planng Board to review a proposed resolution oftheMuncipal Council which determines that Block 792, Lot 242is an "area in need ofrehabilitation. "4. Reasons for the Proposed Plan:The procedure required for the Council to make a determination that Block 792, Lot 242is an "area in need of rehabilitation" requires review of the proposed resolution by thePlanng Board.5. Anticipated Benefis to the Community:A determnation that the area is in need of rehabilitation will allow the city to adopt aredevelopment plan that will help foster redevelopment and renewal.6. Cost of Proposed Program, Project, etc.: $0.00, all work done in house7. Date Proposed Program or Project wil commence: Upon Adoption8. Anticipated Completion Date: N/A9. Person Responsible for Coordinating Proposed Program, Project, etc.:Robert D. Cotter, Director, City Planng 547-505010. Additional Comments: None~~I Certify that all the Facts Presented Herein are Accurate.Division Directord?cr .,1, ';0?Dateì ~ (Department Direct'.,(!.,Vt.-..--,. A 2.1.1 ~ U 0 c0006 e,,- _ c. LDate

WASHINGTON PARKBlock 792,Lot 242 Study AreaBoundary' Map Jii' ~ "~J....,0",PlcnnlngDfw~-1 inch = 100 feet~NJOWt~s.s.''''~October 21,2009 i...,.~~J~;~~ o 50 .100200300 400ru:~I_q;.4.':OFeet

City Clerk File No. Res. 09-893Agenda No,10. VApproved: OCT 2 8 2009TITLE:RESOLUTION AUTHORIINGTHE CITY OF JERSEY CITY TO ENTER INO A COSTREIMURSEMENT AGREEMENT WITH THE NORTH JERSEY TRASPORTATIONPLANG AUTHORIY AN THE NEW JERSEY INSTITUTE OF TECHNOLOGY WHCHWILL ENABLE JERSEY CITY TO RECEIV FUING FOR FUTUR TASK ORDERSCOUNCIL AS A WHOLE OFFERED AN MOVED ADOPTION OF TH FOLLOWIGRESOLUTION:WHREAS, each year a Unified Planning Work Progr including the Jersey City SubregionalTransporttion Planing (STP) Program is developed by the Nort Jersey TransporttionPlaning Authority (NJTPA), andWHREAS, the Jersey City Division of City Planning is the designated SubregionalTransporttion Planing agency for the City of Jersey City; andWHREAS, the NJTPA has approved $71,976.25 for implementation ofProgram; andFiscal Year 2010 STPWHREAS, of the funding available as of July 1,2009, the Federal Highway Authority(FHWA) contributes $43,185.75, the Federal Transit Administrtion (FTA) contributes$14,395.25 and the local match is $14,395.25;NOW, THREFORE, BE IT RESOLVED by the Municipal Council ofCity that:the City of Jerseyi. The City of Jersey City is hereby authorized to enter into a Basic Agreement with theNorth Jersey Transporttion Planing Authority and New Jersey Institute ofTechnology; and2. The Mayor and/or Business Administrtor are authorized to accept this Basic Agreementand to take such other steps as may be necessa to effectuate the purpose of this resolution.~ --Corporation CounselAPPROVED AS TO I ZORMCertification Required 0Not Required oAPPROVED '1-0RECORD OF COUNCIL VOTE ON FINAL PASSAGECOUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY NVSOTTOLANO ,¡ GAUGHAN / BRENNAN .;DONNEllY /FULOP.;FLOOD .ILOPEZ.I RICHARDSON i/ VEGA, .I,l Indicates VoteAd~ meeting of the MU~ Council of the City of Jersey City, N.J.~il Jy D/-Peter M. Brennan.' ,President of CouncilN.V.-Not Voting (Abstain)

RESOLUTION FACT SHEETDate Submitted to B.A.1. Full Title of Resolution:RESOLUTION AUTHORlZING urn CITY OF JERSEY CITY TO ENTER INTO A COSTREIMURSEMENT AGREEMENT WITH THE NORTH JERSEY TRNSPORTATIONPLANNING AUTHORlTY AND THE NEW JERSEY INSTITUTE OF TECHNOLOGYWHCH WILL ENABLE JERSEY CITY TO RECEIV FUNING FOR FUTU TASKORDERS2. Name and Title of Person Initiating the Resolution, etc.:Naomi Hsu, Senior Planer Transporttion, Division of City Planing3. Concise Description of 1he Plan Proposed in the Resolution:Accepts grant funds from NJTPA b pay for transporttion planing efforts.4. Reasons (Need) for the Proposed Program, Project, etc.:Jersey City is required to produce transporttion plans to qualifY for finania assistance fortransporttion improvements. The state and federal governents contribute 80% ofthe funds forthis planning effort. Jersey City contributesthe other 20%, which is considered met by the"fringe" benefits cost of the employeeand City stff time.5. Anticipated Benefits to the Community:Transporttion improvements ire needed thoughout the city. The transporttion plannercoordinates the transporttion planning effortof the city, manages transporttion studies, andserves as the liaison with the NJTPA.6. Cost of Proposed Plan, etc.:$14,395.25. This amount is the "local matc1l" which is satisfied by the fringe benefit packageadCity staff time7. Date Proposed Plan will commence:July 1,20098. Anticipated Completion Date:June 30, 20109. Person Responsible for Coordinating Proposed Program, Project, etc.:Robert D. Cotter, Director,Division of City PlaningNaomi Hsu, Senior Planer Transporttion, Ditision of City Planing547-5010547-501010. Additional Comments: NoneI Certfy that all the Facts Presented Herein are Accurate.-~.DeC /'1,Date¡o/;;d/O :7Date I I.fOcY,p(

City Clerk File No. Res. 09-894Agenda No.lO.WApproved: OCT 28 2009TITLE:oRESOLUTION AUTHORIZING THE CITY OF JERSEY CITY TO APPLY FOR A NJDEP GRANT FORTHE PURPOSES OF CONDUCTING A PLANNING STUDY FOR A HISTORIC TROLLEY SYSTEMWITHIN LIBERTY STATE PARK~~PORA'l13 "'~WHEREAS, the City of Jersey City in conjunction with the County of Hudson and incooperation with the Liberty Historic Railway Association desires to apply for and obtain agrant from the NJ Department of Environmental Protection to conduct a study for a historictrolley system within Liberty State Park; andWHEREAS, the City of Jersey City desires to improve circulation and transportation optionswithin and immediately adjacent to Liberty State Park; andWHEREAS, the City of JerseyCity has been working with Liberty State Park offcials and otherpark stakeholders to investigate a historic trolley within the park; andWHEREAS, the provision of a historic trolley system would require significant study andplanning in order to obtain permits, agency approvals and capital financing; andWHEREAS, the New Jersey Department of Environmental Protection's Local GovernmentGreenhouse Gas Reduction Grant Program may provide funds for conducting such studies andplanning; andWHEREAS, the application for said grant requires that an eligible local government agencyauthorizes the filing of the application and identify the individual authorized to execute afunding agreement;THEREFORE BE IT RESOLVED, that the Municipal Council ofthe City of Jersey City authorizesthe filing of an application for a grant from the New Jersey Department of EnvironmentalProtection, Local Government Greenhouse Gas Reduction Grant Program for the purposes ofplanning and studies related to a historic trolley system in Liberty State Park, andBE IT FURTHER RESOLVED, that the Municipal Council of the City of Jersey City authorizes theMayor and/or the Business Administrator to execute any funding agreement relating to thisgrant application with the New Jersey Department of Environmental Protection.~~MAPPROVCorporation CounselCertification Required NtR 0 equire . d 0APPROVED 9-0RECORD OF COUNCIL VOTE ON FINAL PASSAGE 10/28109COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO / GAUGHAN ./ BRENNAN /DONNELLY I,FULOP .¡ FLOOD /LOPEZ,/ RICHARDSON i/ VEGA' ,/,/ Indicates VoteAd~ meeting of the\ßdA fLPeter M. Brennan.N.V.-Not Voting (Abstain)

Date Submitted to B.A.RESOLUTION FACT SHEET1. Full Title of Resolution:RESOLUTION AUTHORIZING THE CITY OF JERSEY CITY TO APPLY FOR A NJDEP GRANTFOR THE PURPOSES OF CONDUCTING A PLANNING STUDY FOR AN HISTORIC TROLLEYSYSTEM WITHIN LIBERTY STATE PARK2. Name and Title of Person Initiating the Resolution, etc.:Carl S. Czaplicki, Director, Department of Housing, Economic Development, and Commerce3. Concise Description of the Program, Project or Plan Proposed in the Resolution:This is a grant which wil provides funds to conduct a study for a historic trolley system withinLiberty State Park4. Reasons for the Proposed Program, Project, etc.:The City desires to improve circulation and transportation options within Liberty State Park.5. Anticipated Benefits to the Community:Improved circulation within Liberty State Park is a continuation towards the completion ofthelargest open space in Jersey City. The benefits will include: the creation of attractive historictourist amenities, improved car-free access to Liberty State Park, the Statue of Liberty and EllsIsland, and provide a sustainable mode of transportation to all the park visitors locally as well asregionally. Improved car-free access to the Park wil lessen automobile traffic on all roadsleading to the park, especially on those days of special events such as the Fourth of July.6. Cost of Proposed Program, Project, etc.:Cost: $0.007. Date Proposed Program or Project wil commence:Upon Adoption.8. Anticipated Completion Date: N/ A9. Person Responsible for Coordinating Proposed Program, Project, etc.:Robert D. Cotter, Director, City Planning 547-505010. Additional Comments: None~/)~ OcrI Certify that all the Facts Presented Herein are Accurate.Division Director DateICJ, ;)OOç'Á.Dateto r /;;%?;

City Clerk File No. Res. 09-895Agenda No.Approved:10.XOCT 2 8 2009TITLE:RESOLUTION AUTHORIING THE ACCEPTANCE OF GRAS FUS FROM THENEW JERSEY DEPARTMNT OF LAW AN PUBLIC SAFETY, DIVSION OFIDGHW AY TRAIC SAFTY FORTHE JERSEY CITY COMPREHENSIV TRAFFIC SAFETY PROGRA (2010)COUNCILofthe following reolution.Offere and moved adoptionWHREAS, the nee to raise the awareness and increae safety through a combination ofenforcement and education initiatives which are essential to all motorist and pedestrans whoutiliz the steets of Jersey City; andWHREAS, the New Jersey Deparent ofLaw and Public Safety has recognized this need; andWHREAS, the Division of Highway Traffc Safety has awarded the Jersey City PoliceDeparent $35,800.00 in overtime reimbursement grt funding to be utilized during the tieperiod from October 1, 2009 until September 30, 2010; andWHREAS, the Jersey City Police Deparent wishes to accept these funds to promoteenforcement and awareness in the aras of Pedestran Safet, Aggressive Driving, Drunk Drving,and to purchas commodities; andWHREAS, the Jersey City Police Deparent would like to accept the $35,800.00 in overtimethat:reimbursement grnt funding to be utilzed durg the above mentioned'time frame which hasbeen deemed appropriate as per the Division of Traffc Highway Safety upon the acceptace ofthis award.NOW, THREFORE, BE IT RESOLVED by the Municipal Council ofthe City of Jersey Cityi. The City of Jersey City authories to accpt the award of $35, 800.00 from the Divisionof Highway Traffc Safety to be used to reimburse for overte patrols to promoteeducation and enforcement for pedestan safety, aggressive driving, dr driving, andpurchase rada equipment.2. The Offce ofManageinent and Budget is hereby authorizd to estblish the properaccount for these funds.~Rov-:im EGAI~Certification Required 0Corporation CounselNot Required oAPPROVED 9-0RECORD OF COUNCIL VOTE ON FINAL PASSAGE 10/28/09COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO .I GAUGHAN ./ BRENNAN :7DONNElLY ,/ FULOP ./ FLOOD./LOPEZ i/ RICHARDSON i/ VEGA ,/N.V.-Not Voting (Abstain)

ORDINANCEIRSOLUTION ltACT SHEETDate Submitted to B.A.This summary sheet is to be attac~çd to the rear of any ordinance, resolution, cooperation agreement orcontract that is submitted for Couni;il consideration. Incomplete or sketchy summary sheets wil bereturned with the resolution or orqinance. The departent, division or agency responsible for the overallimplementation of the proposed Pfpject or program should provide a concise and accurate statement offacts.1. Full Title ofOrdinance!Re~olutionJCooperation Agreement:RESOLUTION AUTHORIZING THE ACCEPTANCE OF GRANTS FUNDS FROM THE NEWÆRSEY DEPARTMENT OF LAW AN PUBLIC SAFETY, DNISION OF llGHW AY TRAFICSAFETY FORTHE JERSEY CITY COMPREHENSIVE TRAFFIC SAFETY PROGRAM (2010)2. Name and Title of Person ¡nitiating Ordinance!Resolution: Samuel Jefferson, Director of Police3. Concise Description of the Program, Program Project or Plan Proposed in theOrdinance!Resolution:The New Jersey Divisior¡ pfHighway Traffc Safety awarded Jersey City PoliceDepartment $35,800 in gr~nts funds to promote safety, education, and enforcement initiativesrelated to trffc safety is&u,es. The project wil be par of the Jersey City Comprehensive TraffcSafety Program.4. Reasons (Need) for the Prpposed Program, Project, etc.:To continue our paricipatjpn with the State of New Jersey's Deparent of Law and PublicSafety, Division of Highway Traffc Safety in efforts to increase pedestrian safety, decreaseaggressive driving, and d~ter driving while intoxicated in Jersey City.5. Anticipated Benefits to thl( Community:Increase public safety for lJotorists and pedestrans while commuting, driving, and walking inJersey City. '6. Cost of Proposed PrograI Project, etc. (Idicate the dollar amount of City, State and FederalFunds to be used, as well "S match and in-kind contributions.):The total award for this pfpgram is $35,800.00.7. Date Proposed Program of: Project wil Commence: October 1,20098. Anticipated Completion Q~te: September 30,20109. Person Responsible for Cl1prdinating Proposed Programroject:Sgt. Jaclyn Marcaz, Grants Unit/0):./01

Resolution of the City of Jersey City, N.J.City Clerk File No.Agenda No.Approved:TITLE:Res.09-89610. YOCT 2 8 2009RESOLUTION OF THE CITY OF JERSEY CITY ALLOCATINGFIVE MILLION DOLLARS ($5,000,000) OF ITS RECOVERYZONE FACILITY BOND ALLOCATION, WHICH WASALLOCATED TO THE CITY OF JERSEY CITY BY IRS NOTICE2009-50 PURSUANT TO SECTION 1400U OF THE INTERNALREVENUE CODE OF 1986, AS AMENDED, TO THE HUDSONCOUNTY IMPROVEMENT AUTHORITY FOR THE PURPOSESOF ISSUING RECOVERY ZONE FACILITY BONDS TO ASSISTDEPOSITORY TRUST AND CLEARING CORPORATION INFINANCING CERTAIN RELOCATION COSTSWHEREAS, on October -- 2009, the Offce of the Mayor, City of JerseyCity, New Jersey ("City Administration"), the Offce of the County Executive,Hudson County, New Jersey ("County Administration") and the Depository Trustand Clearing Corporation ("DTCC") entered into a Memorandum ofUnderstanding (the "MOU") relating to the relocation by DTCC of 1,600 of itsemployees to a property located at the Newport Office Centre Vi, 570Washington Blvd., Jersey City, New Jersey (the "Property") and setting forth thenature and scope of the incentives to be provided by the City Administration, theCity of Jersey City, the County Administration and the County of Hudson to assistDTC in such relocation, which MOU was acknowledged by resolution of theMunicipal Council of the City of Jersey City (the "City"); andWHEREAS, one of the incentives to be provided by the City and theCounty pursuant to the MOU is the allocation of a portion of each of the City'sand the County's Recovery Zone Facility Bond Allocation under Section 1400U-lof the Internal Revenue Code of 1986, as amended (the "Code") to The HudsonCounty Improvement Authority (the "HCIA") in order for the HClA to issue one ormore series of its Recovery Zone Facility Bonds, the proceeds of which would beused to finance, among other things, capital improvements to the Propertynecessary for DTCC to relocate its employees to and undertake its operations atthe Property; andWHEREAS, the Property is located in the City's "Recovery Zone" pursuantto Sections 1400U-L, 1400U-2 and 1400U-3 of the Code.NOW THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THECITY OF JERSEY CITY AS FOLLOWS:1. The City hereby allocates to the HCIA Five Million Dollars ($5,000,000) of itsRecovery Zone Facility Bond Allocation, which was allocated to the City by IRSNotice 2009-50 under Section 1400U-L of the Code for the purpose of theissuance by the HCIA of one or more series of its Recovery Zone FacilityBonds, the proceeds of which shall be used to finance, among other things,capital improvements to the Property necessary for DTCC to relocate itsemployees to and undertake its opeïeitions at the Property.

Continuation of Resolution Res.09-896City Clerk File No.LO.YAgenda No. OCT 2 8 2009TITLE:Pg. # 22. The City authorizes the Mayor, Business Administrator, Chief Financial Officerand such other representatives of the City as are necessary or required toexecute such other documents, agreements or certificates and to take suchother action as is necessary on behalf of the City to effectuate the provisionsof this resolution,3. This resolution shall take effect immediately.~,APPROVED AS TO LEGAL FORMCertification Required DNot Required DAPPROVED 9-0WUlS/09RECORD OF COUNCIL VOTE ON FINAL PASSAGECOUNCILPERSON AYE NAY NV, COUNCILPERSON AYE NAY N.V, COUNCILPERSON AYE NAY N.V.SOTTOLANO/ GAUGHAN,/VEGAIDONNELLY ,/ FULOP / FLOOD /LOPEZ ./ RICHARDSON ,/ BRENNAN, PRES ,/,l Indicates Vote N.v-Not Voting (Abstain)Ad~eeNf th ,'c¡pal Co",c" of the City of Je"" City N~ ~Peter M. Brennan, President of Council ~rne, rk

Resolution of the City of Jersey City, N.J.City Clerk File No.Agenda No.Approved:Res. 09-89710.ZOCT 2 8 2009TITLE:A RESOLUTION ENDORSING A ONE MILLION DOLLAR RELOCATIONGRANT FROM URBAN ENTERPRISE FUNDS TO DEPOSITORY TRUST ANDCLEARING CORPORATION (DTCC)WHEREAS, The City of Jersey City has entered into a memorandum ofunderstanding with DTCC for its relocation to 570 Washington Boulevard locatedwithin Jersey City's Urban Enterprise Zone; andWHEREAS; DTCC will have expenditures of forty - five million ($45,000,000.00)dollars to retrofit and equip the location and employee 1600 at an average salaryof one hundred and thirty thousand dollars ($130,000.00); andWHEREAS; A Fiscal Impact Study of DTCC's relocation was completed and isattached; andWHEREAS, the administration is seeking endorsement of the municipal councilfor a one million dollar ($1,000,000.00) Relocation Grant to offset a partial costDTCC's cost of relocation to the City; andWHEREAS, the Urban Enterprise Zone shall make application to the UrbanEnterprise Zone Authority in 2012 for said funds to be paid in annual TwoHundred Fifty Thousand Dollars ($250,000.00) installments over a four yearperiod with first installment to be funded upon issuance of a TemporaryCertificate of Occupancy for a majority of the Premises, which the partiesestimate to be on or about January 2, 2013; andWHEREAS, DTCC acknowledges that said Grant is subject to approval by theCity Council and the Urban Enterprise Zone Authority of the State of New Jersey(UEZA) and agrees to submit any documentation reasonably required in order forsuch grant to be approved: andWHEREAS, the City administration agrees to include or cause to be included inthe conditions of the Grant, to be set forth in a Grant Agreement that:1.There shall be no reduction in the amount of a grant installment paymentunless the number of Jersey City based DTCC employees shall have fallen toless than 1000, in whict: event the amount of that annual Grant installmentpaymentshall be reduced by a percentage amount equal to 100 minus 100 timesthe quotient of the number of Jersey City based DTCC employees divided by1000; provided, however, that in the event that the number of employees hasbeen increased to or above 1000 in any subsequent year, there shall be noreduction in the Grant installment payment payable in such year.2. The Chief Financial Offcer or other appropriate offcer of DTCC withknowledge of human resources and payroll information shall provide the City withan annual certification thirt (30) das prior to the annual Grant installmentpayment date that certifies the number of Jersey City based DTCC employeesand the amount of the Grant installment payment due, calculated pursuant to theformula set forth in subparagraph (i) above (Certification).3.The second, third and fourth annual Grant payment installments shall bedisbursed automatically on the schedule set forth above provided that theCertification is timely delivered.

Continuation of ResolutionRes. 09-897City Clerk File No.1O.ZAgenda No. OCT 282009Pg.# 2TITLE:A RESOLUTION ENDORSING A ONE MILLION DOLLAR RELOCATIONGRANT FROM URBAN ENTERPRISE FUNDS TO DEPOSITORY TRUST ANDCLEARING CORPORATION (DTCC)4. Following payment of the fourth and final installment of the Grant,DTCC shall have no obligation to maintain a minimum numberof Jersey Citybased DTCC employees.5. DTCC further acknowledges and agrees that, upon becoming eligible tobecome a qualified business in the City's UEZ, it will make the necessaryapplication therefore and, following approval thereof, will maintain itself as a, qualified business for the term of the Grant. The City acknowledges that, giventhe nature of DTCC's business and notwithstanding good faith efforts that maybe made by DTCC , DTCC may require the UEZA, pursuant to its discretionunder N.JAC. 12A:120-1.8,to modify the twenty-five (25) percent employeehiring requirement so as to require a lesser percentage of full-time employees,newly hired by the Company during the applicable period, to meet one or more ofthe criteria set forth in N.J.SA 52:27H-62c (10; (2), (3) asamended by L.1988,C93, S1 (the "criteria"). As such, the City agrees to recommend to the UEZA that,in consideration for a one-time contribution to the UEZA by DTCC for the fundingof programs in a manner consistent with N.J.A.C. 12A:120-1.6 in the amount of$1,000 per employee below the required number of employees needed to meet'the threshold,the UEZA shall approve a waiver asis necessary to allow DTCCtoremain in full compliance under the program.NOW, THEREFORE, BE IT RESOLVED that the Municipal Council of the CityJersey City endorses a One Millon Dollar Relocation Grant from UrbanEnterprise Funds To Depository Trust And Clearing Corporation.ofAPPROVED:APPROVED:;;/, APPROVED AS TO LEGAL FORMCertification Required DNOt Required DAPPROVED 'f.0RECORD OF COUNCIL VOTE ON FINAL PASSAGE10/28/09COUNCILPERSON AYE NAY NV, COUNGILPERSON AYE NAY NV. COUNCILPERSON AYE NAY N.V.SOTTOLANO/GAUGHAN/FLOOD,7DONNELLYI FULOP,./ VEGA ./LOPEZ ./ RICHARDSON ./ BRENNAN, PRES ,/,l Indicates VoteAdV;;";°fz;:pal Cound; of the C'òJ of Jeesey C'òJ N~ t!N.V.-Not Voting (Abstain)Peter M. Brennan, President of Council , , , ,Rob It Byrne, C~

ibte 2. Income before taxes: Average annual expenditures and characteristics, Consumer Expenditure Survey, 2007ItemI All I ,___ ...__ I .~ ''''\n ,,_ I ...n nn,. "'_ Iimber of consumer units (in thousands) 120,171 4,184 5,406 7,552 7,562 14,720 13,211 11,824 18,390 37,322msumer unit characteristics:Income before taxes $63,091 -$1,053 $8,079 $12,676 $17,307 $24,893 $34,751 $44,555 $59,527 $130,455Income after taxes $60,858 -$1,295 $8,128 $12,762 $17,327 $24,709 $34,325 $43,628 $57,835 $124,613I\ge of reference person 48,8 42.8 49,7 56,9 54,5 52,3 48.6 46.8 46.8 47.0I\verage number in consumer unit:Persons 2.5 1.6 1,5 1.7 1,9 2.2 2.3 2.4 2.7 3,1Children under 18 0.6 0.3 0,3 0.4 0,4 0.5 0,6 0.6 0.7 0,8Persons 65 and over 0.3 0.2 0,3 0.5 0,5 0.5 0.4 0.3 0,2 0.2Earners 1.3 0.5 0,5 0.5 0,7 0.9 1.1 1.3 1,6 2.0Vehicles 1.9 0,8 0.8 1.0 1.2 1.5 1.6 1.9 2.3 2,7,rcent distribution:Sex of reference person:Male 47 44 34 34 39 41 43 50 50 54Female 53 56 66 66 61 59 57 50 50 46Housing tenure:Homeowner 67 32 31 45 50 55 59 64 74 89With mortgage 43 15 9 11 15 23 32 40 54 72Without mortgage 23 17 23 33 34 31 27 24 20 17Renter 33 68 69 55 50 45 41 36 26 11Race of reference person:Black or African-American 12 19 20 16 15 15 15 14 10 7White, Asian, and all other races 88 81 80 84 85 85 85 86 90 93Hispanic or Latino origin of reference person:Hispanic or Latino 12 10 13 13 15 16 14 14 12 8Not Hispanic or Latino 88 90 87 87 85 84 86 86 88 92Education of reference person:

Elementary (1-8) 5 9 13 11 9 8 6 5 3 1High school (9-12) 35 39 46 50 50 47 42 36 33 20College 60 51 39 39 41 44 51 59 64 79Never attended and other at 1 2 1 at aJ aJ at at aJAt least one vehicle owned or leased 88 53 55 69 77 88 91 93 96 97erage annual expenditures $49,638 $19,697 $16,623 $20,611 $24,106 $29,704 $34,739 $41,083 $50,428 $84,072Food $6,133 $2,985 $2,493 $3,182 $3,220 $4,071 $4,645 $5,689 $6,371 $9,464Food at home $3,465 $1,766 $1,765 $2,106 $2,149 $2,648 $2,913 $3,368 $3,630 $4,853Cereals and bakery products $460 $232 $236 $285 $293 $347 $384 $440 $495 $638Cereals and cereal products $143 $81 $79 $93 $97 $119 $121 $137 $149 $192Bakery products $317 $151 $157 $192 $196 $229 $263 $303 $346 $446Meats, poultry, fish, and eggs $777 $406 $411 $525 $479 $647 $664 $777 $822 $1,038Beef $216 $105 $98 $170 $124 $177 $189 $217 $233 $287Pork $150 $83 $83 $92 $106 $138 $131 $156 $171 $183Other meats $104 $64 $54 $64 $71 $79 $93 $98 $113 $141Poultry $142 $69 $83 $94 $80 $118 $126 $136 $138 $197Fish and seafood $122 $55 $67 $70 $65 $96 $85 $127 $124 $178Eggs $43 $30 $27 $34 $34 $39 $41 $42 $43 $52Dairy products $387 $197 $175 $234 $239 $288 $326 $370 $412 $548Fresh milk and cream $154 $91 $80 $108 $100 $124 $140 $151 $159 $204Other dairy products $234 $106 $95 $127 $139 $164 $186 $219 $253 $344Fruits and vegetables $600 $313 $319 $364 $360 $454 $504 $580 $615 $850Fresh fruits $202 $93 $110 $124 $118 $146 $155 $204 $198 $296Fresh vegetables $190 $104 $99 $113 $117 $144 $156 $180 $198 $270Processed fruits $112 $56 $61 $68 $66 $90 $99 $103 $117 $157Processed vegetables $96 $60 $48 $59 $58 $74 $94 $93 $102 $127Other food at home $1,241 $619 $623 $697 $777 $911 $1,035 $1,200 $1,286 $1,779Sugar and other sweets $124 $59 $61 $72 $77 $90 $Hl1 $119 $133 $178Fats and oils $91 $47 $49 ,$56 $70 $77 $83 $93 $96 $119Miscellaneous foods $650 $319 $303 $353 $404 $473 $534 $631 $674 $939Nonalcoholic beverages $333 $184 $199 $205 $211 $256 $290 $329 $339 $459Food prepared by consumer unit on out-of-town trips $43 $10 $11 $12 $15 $15 $28 $29 $43 $84Food away from home $2,668 $1,219 $728 $1,076 $1,071 $1,423 $1,731 $2,321 $2,741 $4,611Alcoholic beverages $457 $182 $123 $159 $189 $257 $305 $423 $489 $768Housing $16,920 $7,511 $7,219 $8,330 $9,519 $10,994 $12,389 $1_3,997 $17,014 $27,4082

Shelter $10,023 $4,808 $4,126 $4,879 $5,713 $6,456 $7,365 $8,180 $9,908 $16,363Owned dwellngs $6,730 $1,756 $1,094 $1,726 $2,201 $3,016 $3,701 $4,655 $6,698 $13,245Mortgage interest and charges $3,890 $917 $396 $614 $817 $1,273 $1,935 $2,555 $4,004 $8,106Propert taxes $1,709 $624 $421 $621 $723 $891 $1,058 $1,209 $1,547 $3,228Maintenance, repairs, insurance, other expenses $1,131 $215 $277 $491 $661 $852 $708 $891 $1,147 $1,911Rented dwellngs $2,602 $2,927 $2,937 $3,082 $3,360 $3,286 $3,389 $3,195 $2,659 $1,501Other lodging $691 $124 $94 $70 $152 $154 $275 $331 $551 $1,617Utilities, fuels, and public services $3,477 $1,736 $1,760 $2,230 $2,422 $2,748 $3,072 $3,282 $3,697 $4,772Natural gas $480 $216 $215 $286 $348 $352 $405 $427 $481 $709Electricity $1,303 $707 $739 $916 $958 $1,079 $1,193 $1,256 $1,363 $1,712Fuel oil and other fuels $151 b/48 $65 $103 $97 $125 $130 $122 $159 $217Telephone services $1,110 $537 $561 $658 $752 $868 $984 $1,071 $1,231 $1,510Water and other public services $434 $227 $180 $267 $268 $324 $361 $407 $464 $623Household operations $984 $203 $230 $352 $427 $437 $496 $640 $890 $1,966Personal services $415 b/52 b/53 $102 $145 $130 $181 $227 $400 $890Other household expenses $569 $152 $177 $250 $281 $306 $314 $414 $490 $1,076Housekeeping supplies $639 $266 $242 $314 $288 $427 $482 $544 $632 $1;035Laundry and cleaning supplies $140 $57 $66 $94 $93 $111 $128 $150 $150 $184Other household products $347 $125 $115 $147 $130 $209 $205 $292 $342 $606Postage and stationery $152 $85 $61 $73 $65 $107 $149 $102 $140 $245Household furnishings and equipment $1,797 $498 $861 $556 $669 $926 $974 $1,350 $1,887 $3,272Household textiles $133 $25 $35 $47 $63 $76 $83 $108 $146 $231Furniture $446 $154 $133 $115 $178 $194 $202 $294 $424 $889Floor coverings $46 $8 $20 $5 $23 $14 $43 $20 $37 $95Major appliances $231 $81 $120 $80 $114 $147 $138 $140 $222 $418Small appliances, miscellaneous housewares $101 $30 $40 $53 $46 $55 $77 $93 $104 $164Miscellaneous household equipment $840 $202 $514 $255 $244 $440 $430 $695 $954 $1,475.Apparel and services $1,881 $1,042 $625 $779 $731 $1,016 $1,274 $1,517 $1,856 $3,275Men and boys $435 $228 $177 $171 $142 $244 $263 $323 $435 $777Men, 16 and over $351 $185 $153 $126 $103 $199 $193 $252 $349 $638Boys, 2to 15 $84 $43 $24 $45 $39 $45 $70 $71 $86 $139Women and girls $749 $385 $177 $310 $310 $386 $514 $585 $781 $1,301Women, 16 and over $627 $353 $143 $265 $272 $317 $415 $494 $670 $1,083Girls, 2 to 15 $122 ' $31 $35 $45 $38 $69 $99 $91 $111 $218Children under 2 $93 $106 $61 $45 $35 $62 $80 $84 $90 $140Footwear $327 $233 $94 $153 $141 $194 $277 $297 $317 $525Other apparel products and services $276 $92 $116 $100 $102 $131, $140 $228 $232 $5323

Transportation $8,758 $3,046 $2,312 $3,236 $4,292 $5,434 $6,503 $7,346 $9,828 $14,362Vehicle purchases (net outlay) $3,244 $753 $620 $1,118 $1,689 $1,887 $2,233 $2,149 $3,840 $5,595Cars and trucks, new $1,572 b/255 b/181 $533 $731 $619 $788 $901 $1,508 $3,199Cars and trucks, used $1,567 $497 $414 $566 $916 $1,220 $1,359 $1,226 $2,216 $2,187Other vehicles $105 cI b/25 b/19 b/42 b/48 b/86 b/22, $117 $209Gasoline and motor oil $2,384 $933 $886 $986 $1,318 $1,695 $1,999 $2,335 $2,788 $3,486Other vehicle expenses $2,592 $1,205 $692 $990 $1,025 $1,644 $1,971 $2,514$4,1671$2,788Vehicle finance charges $305 $74 $36 $74 $94 $139 $217 $267 $400 $522Maintenance and repairs $738 $245 $221 $260 $348 $464 $564 $688 $769 $1,212Vehicle insurance $1,071 b/736 b/313 $518 b/446 $840 $936 $1,213 $1,179 ' $1,480Vehicle rental, leases, licenses, and other charges $478 $150 $122 $138 $137 $200 $255 ,$346 $439 $953Public transportation $538 $156 $115 $142 $261 $208 $300 $348 $412 $1,115Healthcare $2,853 $1,035 $978 $1,605 $2,044 $2,481 $2,493 $2,800 $3,066 $3,928Health insurance $1,545 $575 $574 $1,033 $1,219 $1,418 $1,439 $1,502 $1,643 $2,017Medical services $709 $193 $135 $241 $337 $532 $514 $684 $809 $1,125Drugs $481 $206 $206 $303 $436 $451 $445 $515 $488 $604Medical supplies $118 $61 $63 $28 $52 $81 $95 $119 $126 $182Entertainment $2,698 $1,070 $701 $890 $1,101 $1,375 $),766. $2,029 $2,660 $4,927Fees and admissions $658 $184 $78 $99 $149 $177 $321 $378 $539 $1,466Audio and visual equipment and services $987 $489 $441 $506 $560 $688 $764 $886 $1,062 $1,497Pets, toys, hobbies, and playground equipment $560 $154 $126 $197 $185 $300 $412 $427 $584 $995Other entertainment supplies, equipment, and services $493 $243 $56 $88 $207 $211 $269 $338 $475 $969Personal care products and services $588 $197 $205 $254 $285 $350 $414 $505 $573 $998Reading $118 $47 $38 $61 $67 $71 $70 $96 $110 $205Education $945 $1,309 $791 $360 $328 $382 $285 $501 $632 $1,921Tobacco products and smoking supplies $323 $234 $267 $237 $296 $319 $380 $361 $405 $293Miscellaneous $808 $224 $197 $355 $475 $410 $685 $648 $836 $1,354Cash contributions $1,821 $405 $340 $652 $716 $794 $1,052 $1,737 $1,468 $3,534Personal insurance and pensions $5,336 $410 $333 $511 $841 $1,749 $2,478 $3,435 $5,120 $11,635Life and other personal insurance $309 $48 $71 $98 $138 $216 $166 $184 $254 $606Pensions and Social Security $5,027 $363 $262 $413 $703 $1,534 $2,312 $3,251 $4,866 , $11,0304

.urces of income and personal taxes:Money income before taxes $63,091 -$1,053 $8,079 $12,676 $17,307 $24,893 $34,751 $44,555 $59,527 $130,455Wages and salaries $50,322 $2,509 $2,44 $4,171 $7,616 $14,214 $24,533 $34,786 $49,068 $109,519Self-employment income $3,445 -$5,039 b/-31 $199 $234 $612 $1,283 $1,031 $2,116 $9,508Social Security, private and government retirement $6,379 $626 $3,292 $6,634 $7,701 $8,334 $7,045 $6.800 $6,304 $6,049Interest, dividends, rental income, other propert income $1,746 $30 $120 $134 $304 $541 $721 $898 $1,117 $4,207Unemployment and workers' compensation, veterans' benefits $216 b/10 $115 $160 $160 $163 $219 $250 $274 $258Public assistance, supplemental security income, food stamps $332 $343 $1,341 $765 $783 $500 $305 $181 $168 $78Regular contributions for support $463 $174 $324 $377 $339 $34 $495 $482 $323 $657Other income $189 $294 $474 .$237 $171 $185 $150 $127 $156 $180Personal taxes $2,233 $242 -$49 -$86 -$20 $184 $427 $927 $1,691 $5,842Federai income taxes $1,569 $216 -$96 -$159 -$102 $17 $188 $500 $1,093 $4,325State and local income taxes $468 al -$2 $16 $22 $81 $121 $257 $397 $1,148Other taxes $196 $26 $49 $57 $60 $87 $117 $170 $201 $369Income after taxes $60,858 -$1,295 $8,128 $12,762 $17,327 $24,709 $34,325 $43,628 $57,835 $124,613denda:Net change in total assets and liabilties -$2,520 -$4,469 -$807 -$2,652 $2,580 $103 -$3,757 -$4,226 -$6,348 -$1,727Net change in total assets $10,647 -$2,537 $333 $40 $2,468 $4,688 $4,880 $7,428 $7,950 $24,162Net change in tota liabilities $13,167 $1,932 $1,140 $2,692 -$112 $4,585 $8,636 $11,654 $14,298 $25,889Other financial information:Other money receipts $626 b/104' $191 $203 $474 $472 $489 $478 $557 $1,055Mortgage principal paid on owned propert -$2,279 -$481 -$218 -$374 -$382 -$648 -$929 -$1,315 -$1,931 -$5,145Estimated market value of owned home $182,336 $64,453 $46,803 $75,568 $92,830 $98,238 $111,804 $128,272 $173,522 $334,530Estimated monthly rental value of owned home $898 $355 $262 $409 $461 $538 $604 $695 $878 $1,559Gifts of goods and services $1,198 $566 $310 $296 $307 $466 $634 $676 $1,132 $2,443Food $93 $37 $23 $22, $11 $23 $38 $52 $83 $204Alcoholic beverages $11 b/4 al b/4 b/1 $7 $5 $5 $12 $22Housing $225 $95 $50 $82 $58 $104 $152 $120 $194 $447Housekeeping supplies $30 b/18 b/12 b/6 $10 $19 $25 $16 $41 $48Household textiles $13 b/4 d al b/5 $7 $13 $4 $26 $18Appliances and miscellaneous housewares $21 b/9 b/5 b/8 b/5 $8 $12 $11 $19 $41Major appliances $7 b/5 b/1 b/2 al $4 b/2 $4 $3 $17Small appliances and miscellaneous housewares $13 b/4 b/4 b/6 b/4 b/3 $9 $7 $16 $245

Miscellaneous household equipment $55 b/20 b/9 b/21 b/8 $26 $24 $26 $35 $123Other housing $106 $43 $23 $46 $30 $44 $79 $63 $74 $216Apparel and services $241 $246 $147 $115 $81 $132 $174 $206 $274 $373Males, 2 and over $57 $54 $66 $45 $27 $26 $48 $39 $53 $88Females, 2 and over $87 $50 $18 $34 $24 $45 $41 $75 $110 $148Children under 2 $45 $67 $16 $13 $14 $32 $41 $32 $48 $70Other apparel products and services $52 b/75 b/46 b/23 b/16 $29 $43 $60 $63 $67Jewelry and watches $21 b/6 b/7 b/5 b/10 $11 $18 $26 $30 $28All other apparel products and services $31 b/69 b/39 b/18 b/6 $18 $25 $34 $33 $39Transportation $109 $42 $19 $10 $24 $15 $85 $33 $131 $225Health care $23 al b/2 b/15 b/9 b/10 $11 b/8 $36 $41Entertainment $103 b/8 b/39 $25 $39 $48 $47 $59 $106 $203Toys, games, art and crafts, and tricycles $35 al b/1 b/11 b/10 $13 b/14 $30 $57 $59Other entertainment $68 b/8 $38 $14 $29 $35 $33 $28 $49 $144Personal care products and services $18 b/6 b/13 b/4 $5 $11 $13 $9 $15 $32geading $1 al aI al $1 $1 al $1 $2 $1Education $283 b/117 b/5 b/7 b/24 $80 $60 $142 $158 $715All other gifts $93 $10 $11 $11 $53 $35 $49 $42 $122 $179'alue is less than or equal to 0,5,iata are likely to have large sampling errors,o data reported,6

Number of employees 1,600 100% living in JC 50% living in JC 25% living in JC Oining, En!. & Retail only 50% O,E&R only1600 800 400Consumer unit characteristics:Income before taxes $130,455Income after taxes $124,613Age of reference person 47.0Housing tenure:Homeowner 89 1424 712 356With mortgage 72 _Without mortgage 17Renter 11Average annual expenditures $84,072 $134,515,200 $67,257,600 33628800Food $9,464 $15,142,400 $7,571,200 3785600Food at home $4,853 $7,764,800 $3,882,400 1941200Food away from home $4,611 $7,377,600 $5,533,200 $4,611,000.0 $7,377,600 $5,533,200Alcoholic beverages $768 $1,228,800 $921,600 $768,000,0 $1,228,800 $921,600Housing $27,408 $43,852,800 $21,926,400 10963200Apparel and services $3,275 $5,240,000 $3,930,000 $3,275,000.0 $5,240,000 $3,930,000Entertainment $4,927 $7,883,200 $5.912,00 $4,927,000.0 $7,883,200 $5,912,400Personal care products and services $998 $1,596,800 $1,197,600 $998,000.0 $1,596,800 $1,197,600Cash contributions $3,534 ' $5,654,400 $2,827,200 1413600Retail multiplier $15,545,600 $10,688,600 $8,260,100 11663200 8747400Total $96,144,000 $56,819,400 $37,157,100 $34,989,600 $26,242,200

Resolution of the City of Jersey City, N.J.City Clerk File No.Agenda No.Approved:Res. 09-8981O.Z.1DC¡ 2 8 2009TITLE:RESOLUTION DESIGNATING PORTIONS OFTHE CITY OF JERSEY CITY ASA RECOVERY ZONE FOR THE PURPOSES OFISSUING RECOVERY ZONEZONE FACILITY BONDS INECONOMIC DEVELOPMENT AND RECOVERYACCORDANCE WITH SECTIONS 1400U-1, 1400U-2 AND 1400U-3 OFTHE INTERNAL REVENUE CODE OF 1986APPROVED:APPROVED:THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY RESOLVES:WHEREAS, Section 1400U-1 of the Internal Revenue Code authorizes the City of Jersey City todesignate a "Recovery Zone" for the purpose of issuing Recovery Zone Economic DevelopmentBonds under Section 1400U-2 of the Code, and for the purpose of issuing Recovery Zone FacilityBonds under Section 1400U-3 of the Code; andWHEREAS, the City of Jersey City has been allocated $6,484,000 in Recovery Zone EconomicDevelopment Bonds and $9,726,000 in Recovery Zone Facility Bonds by the United StatesDepartment of Treasury; andWHEREAS, the term "Recovery Zone" means 1) any area designated by the City as havingsignificant poverty, unemployment, rate of home foreclosure or general distress, and 2) any areafor which a designation as an empowerment zone or a renewal community is in effect.WHEREAS, the financial services industry is of critical importance to the economic growth andstability of Jersey City and has cut nearly 15% of its Jersey City workforce due to the currentrecession.NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Jersey City that:1. The City's "Recovery Zone" for the purposes of Sections 1400U.i1, 1400U-2 and 1400U-3of the Internal Revenue Code is hereby designated to be the areadenoted on the mapaccompanying this resolution, consisting ofthe following sections of the City: all designatedUrban Enterprise Zones; all approved Redevelopment Areas; all "Low-Moderate Income"Census tracts as defined by the 2000 Census; and all areas qualifying for assistance throughthe federal Neighborhood Stabil2ation Program, each of which areas satisfy one or moreof the criteria set forth in 1) of the "Recovery Zone" definition.2. The City Council hereby finds that the "Recovery Zone" described above meets therequirements of Section 1400U-1 of the Internal Revenue Code, in that the area is alreadydesignated as an empowerment zone or renewal community and/or is an areacharacterized by significant poverty, unemployment, rate of home foreclosure, or generaldistress...APPROVED AS TO LEGAL FORM~ COtPUiauî:Certification Required DNot Required DAPPROVED 9-0RECORD OF COUNCIL VOTE ON FINAL PASSAGECOUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY NY COUNCILPERSON AYE NAY N.V.SOTTOLAO / GAUGHAN/FLOOD IDONNELLY ./ FULOPIVEGA' /LOPEZ ,/ RICHARDSON ,¡ BRENNAN, PRES ./,l Indicates Vote NV-Not Voting (Abstain)Ado ø;ee;;I"g::ncil ollle C~ 01 Jeffey c¡~ NJ Wt ~Peter M. Brennan, President of Council Robert B me, Cit C

JERSEY CITY RECOVERY ZONEJUNE 23, 2009¡tc5' oe¡ - .., .~..;0 ,'"MAP NO.: 496

City Clerk File No. Res. 09-899Agenda No. i8.Z.2Approved: OCT 2 8 2009TITLE:HONORINGCHARLES E. TREFURT JR.ON THE OCCASION OF THE NAMING OF P.S. NO. EIGHTIN HIS HONORCOUNCIL AS A WHOLE, offered and moved adoption of the followingresolution:WHEREAS, Charles E. Trefurt Jr. was born in Jersey City on March 4, 1939 to Charles E.Trefurt, Sr. and Ann O'Brien. Charles and his two brothers were raised in the GreenvilleSection where they attended St. Paul's grammar school andWHEREAS, Charles E. Trefurt Jr. attended Snyder High School where he was anoutstanding student. He enrolled at Jersey City State College with the dream of a career ineducation; andWHEREAS, on September 9,1962 Charles married the former Angelina Petroccia. Theirunion has been blessed with two sons, Charles and Joseph; andWHEREAS, Charles E. Trefurt Jr. began his career in the Jersey City Public SchoolSystem in September 1966 as a teacher of history/economics at Dickinson High SchooL.During his early years in the system, Charles earned a Masters Degree in Education fromSeton Hall University; andWHEREAS, Charles E. Trefurt Jr. rose thorough the teaching ranks and became a Dean,Assistant Principal and ultimately Principal of School #8 in 1976, where he served withdistinction for more then 27 years. In 2003, he became a special assistant to theSuperintendent; andWHEREAS, a lifelong Jersey City resident, Charles found the time, while raising his ownfamily, to serve his community. His community service has included the chairmanship oftheGreenville Hospital Board of Trustees and membership on the Housing Authority Board andBoard of Alcoholic Beverage Control; andWHEREAS, after over fort years in education Charles retired on October 1, 2006. TheJersey City Public Schools recently named P.S. No. Eight in his honor.NOW, THEREFORE, BE IT RESOLVED, that the Municipal Council ofthe City of JerseyCity does hereby honor Charles E. Trefurt, Jr. for his many years of dedicatedservice to the City of Jersey City on the occasion of the naming of P.S. No.Eight in his honor.APPROVED:APPROVED:APPROVED AS TO LEGAL FORM?CO$on CounselCertification Required D..Not RequiredDAPPROVED 9 . 0RECORD OF COUNCIL VOTE ON FINAL PASSAGECOUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.Y.SOTTOLANO./ GAUGHAN FLOOD/DONNELLY / FULOP/ VEGA/LOPEZ,¡ RICHARDSON ./ BRENNAN, PRES ,/,l Indicates VoleN.Y-Not Voting (Abstain)AdGJ ..,n;. th~ai COU:OU of the City of Jeo;y C;ty N.J. iá'or, M. 'ro""". '''''. ~ "'""., ~. ;r

'Resolution of the City of Jersey City, N.J.City Clerk File No. Res. 09-900Agenda No.10.Z.3Approved: OCT 2 8 2009TITLE:00 i:~PORATP s'tRESOLUTION REMOVING A RESTRICTION FROM THE DEEDOF CONVEYANCE THAT AFFECTS BLOCK 1925 LOT 44.BADDRESS 18-20 PARK STREET JERSEY CITY, NEW JERSEYCOUNCILfollowing resolution:offered and moved adoption of theWHEREAS, the City of Jersey City on March 19, 2003 sold the above propertnot needed for public use to: 140 Grant Avenue Associates, L.L.C. ;and,WHEREAS, the conditions of sale set forth that the purchaser renovated thepropert and obtain a Certificate of Occupancy; and,WHEREAS, on Januar 23,2004, the Municipal Council ofa Deed to the owner ofthe City of Jersey City releasedthe propert with the express condition that no purchaser without the expressconsent ofthe Muncipal Council by Resolution, be permitted to sell, conveyor otherwse transferthe propert before all the conditions of sale are fully completed; and,WHEREAS, the Construction Official, Raymond Meyer has signed and issued aCertificate of Continued Occupancy on Block 1925 Lot 44.B also known as 18-20 Park Streetindicating that the propert was renovated in compliance with condition of sale which wasadopted by the Muncipal on Februar Ii, 2003.WHEREAS, in accordance with State Law in order for this Resolution to be recorded inthe Hudson CQunty Register's Office it must contain an acknowledgment.NOW THEREFORE BE IT RESOLVED, by the Municipal Council that:1. The City finds and declares that all the terms and conditions of sale contained inthe Resolution adopted by the governg body of the City of Jersey City on Februar II, 2003have been complied with.2. Block 1925 Lot 44.B Address 18-20 Park Street is hereby released from any and allrestrctions.3. That the Mayor is hereby authorized to execute this Resolution and a nota publicnotaze the acknowledgment contained herein in accordance with Law so that same may berecorded in the Hudson County Register's Offce.In Witness Whereof, the par of the first par has caused these presents to be signed byits proper corporate offcers and caused its proper corporate seal to be hereto affixed that day andyear first above written.WITNESS" CITY OF JERSEY CITYRobert Byre, City Clerk¡'i2(j09125Jerramiah T. Healy, Mayor'."

. Continuation of Resolution Res. 09-900City Clerk File Nd.'___~:i"O:Z.3Agenda No.otT ~82009Pg.# 2TITLE:RESOLUTION REMOVING A RESTRICTION FROM THE DEEDOF CONVEYANCE THAT AFFECTS BLOCK 1925 LOT 44.BADDRESS 18-20 PARK STREET JERSEY CITY, NEW JERSEYSTATE OFNEW JERSEY)SS:COUNTY OF HUDSON)BE IT REMEMBERED, that on this dayof Two Thousand Ninebefore me the subscriber, a Notary Public of the State of New Jersey personally appeared, RobertByrne and made proof to my satisfaction that he is the City Clerk of Jersey City a municipalcorporation of the State of New Jersey, that he well knows the corporate seal of said corporation;that the seal affxed to said instrument is the corporate seal of said corporation, that the said seal wasso affixed and the said instrument signed and delivered by Jerramiah T. Healy who was aIthe datethereofthe Mayor of said municipal corporation, in the presence of this deponent, and said Mayor,at the same time acknowledged that he signed, sealed and delivered the same as his voluntar act anddeed, and as the voluntar act and deed of said corporation, ànd that deponent, at the same time subscribedhis name to said instrument as a witness to the execution thereof.Sworn and subscribed toBefore me this dayof 200 .Nota PublicRobert Byrne, City ClerkAPPROVED:Real EstateAPPROVED AS TO LEGAL FORMMan? ~'¿ ::Corporation' CounselCertification ReqUired 0Not Required DAPPROVED -90,RECOI\D OF COUNCIL VOTE ON FiNAL PASSAGE' 10/28/09COUNCILPERSON AYE NAY NV. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.GAUGHANSOTTOLANO /, DONNElLy / FULOPI FLOOD. 7'BRENNAN/LOPEZ i/ RICHARDSON ( VEGA, , ,/,l Indicates Vote N. V.-Not Voting (Abstain)AdO¿ti;ythjê:: ofile C1w of Je~y C1w NJ. Çl.~ ..lPeter M. Brennan President of Council " , ,,' Robert me, C¡tyF

CITY OF JERSEY CITY30 MONTGOMERY STRET-SUITE 412" JERSEY CITY NJ 0730220 i -547-5055Block: 1925 ,Lot: 44.B Qualification Code:18-20 PAR STJersey CityOwner in Fee: 140 GRAT AVENU ASSOCIATES, LL.C.Address: 5 SENEY ORlVETelephone:BERNARSVILLE NJ 07924Agent/Contractor: rarita bay assocAddress: 5 seney lanebernardsvile NJ -CERTIFICATEIDENTIFICA nONHome Waranty No:Type of Warty Plan: i ) State r J PrivateUse Group: R.2Maximum Live Load:Constrction Classification:Maximum Occupancy Lôad:Certificate Exp Date:Description of Worklse:renovation of 19 unit aparent building per planscost of constction: $1,195,486,00Date Issued: 10121/2009Control #: 55717Pennit #: 20071104Update Desc. of Wkse:16 system alar devices, 9 supervisory devices, 5 signaling devices, 19 alardevices/Eac,panel" ~~° sprinkler heads. Installation new of fire escapeTelephone: 908 229-5IOOLie. No.1 B Idrs. Reg.No,: 040360Federal Emp. No.:Social Security No.:i X J CERTIFrCATt OF OCCUPANCYThis serves notice tbat said building or strcture has beeIi constructed in accordance with theNew Jersey Unifo~ Constrction Code and is approved for occupancy.( 1 CERTfFICATE OF CLEARANCE-LEAD ABATEMENT 5:17This serves notice that based on written certification. lead abatement was perfonned as perNJAC 5: 17, to the following extent: .CERTfFlCATE OF APPROVALThi,s serves notice that the work completed has been constructed or installed in accordancewiththe New Jersey Unifonn Construction tode and is approved If the pennit was issued for minorwork, this certificate was based upon what was visible at the time inspection ofTEMPORAY CERTIFICATE OF OCCUANCY/COMPLIANCEIf this is a tempora Certificate of Occupancy or Compliance, the following conditions must bemet no later than or will be subject to fine or order to vacate:(J Total removal of lead-based paint hazds in scope of workrJ Parial or limited time periodL- year); see fieCERTIFICATE OF CONTINED OCCUPANCYThis serves notice that based on general a inspection of the visible par of the building thereare no imminent hazds and the building is approved for continued occupancy. ', CERTIFICATE,OF COMPLIANCEThis serves notice that said 'potentially hazdous equipment has been installed and/or,maintained in' accordance with the New Jersey Unifonn Constrction Code and is approv,ed foruse untilRAYMONDFees: $0.00Paid(JCheck No.: 765117CCU.C.C 260 (rev. 5/03)I - APPLICANT 2 - OFFICE 3 - TAX ASSESSORCollected by: Pi)i'

City Clerk File No. Res. 09-901Agenda No. 1O.Z.4Approved: OCT 2 8 2009TITLE:RESOLUTION AUTHORIZING THE BUSINESS ADMINISTRATORTO EXECUTE A DISCHARGE OF MORTGAGE AFFECTING150 BIDWELL AVENUE AlA BLOCK 1314, LOT 70.ACOUNCILresolution:offered and moved adoption ofthe followingWHEREAS, on August 8, 2001, Jane Mansfield (Borrower) executed a mortgage in favor oftheCity of Jersey City (City) to secure the City's loan to her in the amount of$5,950.00 made under theHORP Program; andWHEREAS, the loan was made for the purose of making home improvements for a lowormoderate income family and it self-amortizes over five (5) years provided the homeowner residesin the propert and does not sell the propert; andWHEREAS, the mortgage affects propert known as 150 Bidwell Avenue, Jersey City, also knownas Lot 70.A in Block 1314; andWHEREAS, five (5) years have passed since the loan was made and the City is obligated to executea Discharge of Mortgage to remove the mortgage from the public record.NOW, THEREFORE, BE IT RESOLVED, that the Business Administrator isauthorized toexecute a Discharge of the Mortgage of Janie Mansfield dated August 8, 2001 in the sum of$5,950.00 affecting 150 Bidwell Avenue, Jersey City, also known as Lot 70.A in Block 1314.IW/mw10-19-09APPROVAPPROVED AS TO LEGA'=ORM:: ZSCorporation Counseli'r!; ..~ 1)9121Certification Required 0Not Req ul 'redoAPPROVED 9-0RECORD OF COUNCIL VOTE ON FINAL PASSAGE 10/28/09COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO / GAUGHAN ./ BRENNAN ./DONNElLY ./ FULOP / FLOOD rI /LOPEZ ./ RICHARDSON i/ VEGA, II,l Indicates VoteA~ a meetinJt the M~ai Council of the City of Jersey City, N.J.'\~ / ( K: /'Peter 'M. Brennan. President of CouncilQc.~N.V.-Not Voting (Abstain)

City Clerk File No. Res. 09-902Agenda No.1O.Z.5Approved: OCT 2 8 2009TITLE:RESOLUTION AUTHORIZING THE EXECUTION OF A SETTLEMENTAGREEMENT AN RELEASE WITH THE GULF INSURCE COMPANY ANTHE TRAVELERS INDEMNITY COMPANWHEREAS, the City of Jersey City (City) maintans that Travelers Indemnity Company (Travelers)and Gulf Insurance Company (Gulf) issued varous liability insurance policies to the City underwhich the City claims to be entitled to coverage; andWHEREAS, certin claims including but not limited to environmental claims have been and/or mayin the future be brought against the City for which the City has sought, is seeking, or may hereinafterseek insurance coverage under the policies; andWHEREAS, Travelers and Gulf deny that they have any obligation to defend or indemnify the Cityunder the policies with regard to claims; andWHEREAS, a dispute has arsen among the City and Gulf and Travelers concerning the availabilityto the City of insurance coverage for claims; andWHEREAS, the paries believe that it is in their mutual interest to reach an amicable resolution with.respect to past, present or futue disputes relating to Gulf and the Travelers obligations to the Cityunder the policies; andWHEREAS, Gulf and Travelers agree to pay the City the sum of $195,OOO.00 as a settlementamount; andWHEREAS, upon payment of the settlement amount the City agrees that Gulf and Travelers shallhave no fuher obligations to the City under the policies.NOW, THEREFORE BE IT RESOLVED, by the Muncipal Council ofthe City of Jersey Citythat the Mayor or Business Adminstrator is authorized to execute the Settlement Agreement andRelease attched hereto with Travelers Indemnty Company and Gulf Insurance Company.RRlcw~¿()og 24APPRPVED ~ ~ ~E~ORM-Corporation CounselCertification Required 0Not Required oAPPROVED '1-0RECORO OF COUNCIL VOTE ON FINAL PASSAGE 10/28 09COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO J GAlJGHAN 7 RRFNNAN /DONNELLY rI FULOP .I , FLOOO v'LOPEZ 01 RICHARDSON ,/ VEGA v',/ Indicates VoteA~,d at meeting of th~iPal Council of the City of Jersey City, N.J.'- ¿: I¡ l:/\Peter M. Brennan. President of Council~:" ~.:N.V.-Not Votig (Abstain)

GOLUB & ISABEL P.C.ATTORNEYS AT LAW160 Littleton Road, Suite 300, Parsippany, NJ 07054Tel: (973) 968-3377Fax: (973) 968-3044David L. Isabel, Esq.E-Mail: DLIsabel0)golub-isabel.comWeb: www.golub-isabel.comOctober 9,2009Via U.S. Mail & Electronic MailWilliam MatsikoudisCorporation CounselCity of Jersey City280 Grove StreetJersey City, NJ 07302::)",_.J~ ':;r-)CJ-'-'--r- ---1J:.._~-'.:,: CJCJ -,-;t--r-ir~_ì (__,-)~~-,~" -".;-~j ì r--:1_.!;_:~,~.~ ".(:?--_.':~cnr" ~':j~..Re: The Travelers Indemnity Company SettlementDear Mr. Matsikoudis:As discussed earlier this week, enclosed please find the proposed ConfidentialSettlement Agreement and Release between the City of Jersey City and The TravelersIndemnity Company, including Gulf Insurance Company, to resolve certainenvironmental claims. We recommend this agreement for approval by the insurance fundand city council so that it can be executed and finalized. Travelers wil pay Jersey City$195,000 in exchange for its buyback of,j.ts liability policies. As always, should you haveany additional questions, please do not hesitate to contact me.dh~Very truly yours,David L. Isabelcc: Brian O'Reily, Business Administrator (via electronic mail)Peter Soriero, Risk Manager (via electronic and overnight delivery)Laurence Eisenstein, Esq. (via electronic mail) ,DLI/pcFile No. 70081

"- ,CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASETHIS SETTLEMENT AGREEMENT AND RELEASE ("Agreement") is madeand entered into by and between Gulf Insurance Company ("Gulf') and The TravelersIndemnity Company ("Travelers Indemnity") (on behalf of "Travelers" as that term ishereinafter defined) and the City of Jersey City ("the City" as that term is hereinafterdefined). The foregoing are collectively referred to herein as the "Parties."WITNESSETH THAT:WHEREAS, Travelers Indemnity and Gulf issued, or are alleged to have issued,various liability insurance policies to the City under which the City claims to be entitledto coverage (the "Policies" as that term is hereinafter defined); andWHEREAS, certain Claims (as that term is hereinafter defined) including but notlimited to Environmental Claims (as that term is hereinafter defined) have been and/ormay in the future be brought against the City for which the City has sought, is seeking, ormay hereinafter seek insurance coverage under the Policies; andWHEREAS, Travelers Indemnity and Gulfhave denied and continue to deny thatthey have any obligation to defend or indemnify the City under the Policies or otherwisewith regard to the Claims; andWHEREAS, a dispute has arisen between the City and Travelers concerning theavailability of coverage for the Claims; andWHEREAS, the Parties have each consulted with their legal counsel regardingtheir rights with respect to the City's Claims for insurance coverage and believe it is intheir mutual interest to reach an amicable resolution with respect to past, present or futuredisputes relating to Travelers alleged obligations to the City under the Policies, and;

NOW THEREFORE, intending to be legally bound, and in consideration of themutual promises and other good and valuable consideration as set forth herein, the Partiesagree as follows:1. Purpose and ScopeThe purpose of this Agreement is to resolve as between the City and Travelers allClaims against Travelers arising out of or relating to, and for the City to foreverrelinquish and surrender all rights of coverage available or potentially available to theCity under, the Policies. Pursuant to this Agreement, thePolicies are declared null andvoid, and all obligations under the Policies, including but not limited to any duty todefend or indemnify the City, shall be satisfied, discharged, terminated and released. TheParties agree that this settlement sets forth Travelers' sole and complete obligations to theCity under, and otherwise terminates any insuiing relationship betwe~n Travelers and theCity with respect to any obligations Travelers may have to the City arising from orrelated to, the Policies.2. DefinitionsThe definitions contained herein shall apply only to this Agreement and shall notapply to any other agreement, including, without limitation, any policy of insurance orother settement agreement, nor ,shall they be used as evidence, except with respect to thisAgreement, of the meaning of any terr. Furthermore, each defined term stated in asingular form shall include the plural form, and each defined term stated in a plural formshall include the singular form.2.01 "The City" means the City of Jersey City, a body corporate and politic, onbehalf of itself and each of its departments and non-autonomous agencies, and, in theirPage 2 of20

capacity as such, agents, elected offcials, directors, employees, attorneys,representatives, predecessors, successors and assigns;2.02 "Travelers" means i) The Travelers Indemnity Company, Gulf InsuranceCompany, Travelers Casualty and Surety Company (flka The Aetna Casualty and SuretyCompany), St. Paul Fire and Marine Insurance Company and United States Fidelity andGuaranty Company and; ii) each of their respective present and future, direct and indirectparents, subsidiaries, partners, joint ventures and affliates; iii) the past, direct andindirect parents, subsidiaries, partners, joint ventures and affiliates of any of theforegoing but only if an entity described in (i) or (ii) above has the power or authority toact on such Person's behalf; iv) the past, present and future offcers, directors, employees,representatives, agents, members, principals, attorneys and shareholders of any of theforegoing but only in their capacity as such; and v) the predecessors, successors andassigns of any of the foregoing. Notwithstanding the foregoing, "Travelers" shall notinclude any Person that is first acquired by, first acquires, or first merges into Travelers(as constituted on the Effective Date) after the Effective Date other than with respect toClaims against such Person under, arising from or relating to Policies issued by Travelersas constituted on or before the Effective Date.2.03 "Person" means any natural individual (including a regulator) or anygroup of natural persons, corporation, partnership, association, trust and any other entity(including without limitation any estate, guardian or beneficiary thereof), or organization,including, without limitation, any Governental Agency (as defined herein).2.04 "Governmental Agency" means (i) the United States, any state, anycounty, any city or any municipality, (ii) any subdivision, instrmentality, deparent,Page 3 of20

agency or quasi-governmental body of any of the for~going or (iii) the goverrent (orany subdivision, instrumentality, department, agency or quasi-governmental bodythereof) of any sovereign state.2.05 "Environmental Claims" means any Claim made in connection withEnvironmental Contamination. Environmental Claims include, without limitation, anyand all past, present or future Claims, that have been, could have been or may be assertedby or on behalf of any Person against the City or against any Person for ';hose acts oromissions the City is or may be liable, or against Travelers as an insurer of the City, orany actions taken by Travelers as an insurer of the City, or any actions taken by the City(voluntarily or otheiwise) that involve, arise out of or relate in any way to EnvironmentalContamination, including, without limitation: (i) Claims for or relating to bodily injury,personal injury or property damage (as those terms are defined in the Policies) or allegingany other rights to relief against the City that involve, arise out of or relate in any way toEnvironmental Contamination; (ii) Claims for or that relate to investigation, analysis,remediation, monitoring, testing, removal or clean-up of Environmental Contamination orto recover the costs associated therewith; (iii) Claims for statutory fines or penalties; (iv)Claims for the recovery ofdamages for injury, destruction or damage to Persons,property (tangible or intangible) or natural resources that involve, arise out of or relate inany way to Environmental Contamination; and (v) Claims to obtain equitable, injunctiveor declaratory relief.2.06 ''Environmental Contamination" means the actual, alleged and/orpotential contamination, injury or damage of land, air, environment, atmosphere, soil,sediments, property (tangibleor intangible), natural resources, water (including, but notPage 4 of20

limited to, ground water, surface water or any other form or body of.water) or any Person(as defined herein), by, arising from or related to the presence, existence, movement,emission, discharge, seepage, release, disposal, dumping, landfiling or escape ofpollutants, including, but not limited to, any contaminant, ini.tant, chemical, petroleum,petroleum related or derived product, asbestos, silica, lead, metal, PCBs, waste (includingbut not limited to materials intended to be recycled, reconditioned or reclaimed), smoke,vapor, soot, fumes, "hazardous wastes" as defined under the Resource Conservation andRecovery Act of 1976, as amended, "hazardoussubstances," "pollutant(s)" or"contaminant(s)" as defined by the Comprehensive Environmental Response,Compensation and Liability Act, as amended, 42 U.S.C. § 9601 et seq., "hazardousmaterials" as defined by the Hazardous Materials Transportation Act, as amended, "toxicsubstances" as defined by the Toxic Substances Control Act, as amended, or any othersubstance which substance is or is alleged to be, and whether or not known to be,harmful, noxious, nuisance causing or injurious.2.07 "Claim" means any and all actual, potential, threatened or alleged past,present, or future (1) claim, assertion of any right, obligation, liabilty, duty, complaint,cross-complaint, counterclaim, affimative defense, writ, demand, inquiry, request,lawsuit, action, cause of action, administrative proceeding, governmental action, statutoryor regulatory obligation, order, directive, arbitration, mediation, judgment, settlement, orlien, whether known or unknown, asserted or unasserted, foreseen or unforeseen, fixed orcontingent, direct or indirect, matured or unmatured, liquidated or nnliquidated andwhether in law, tort, contract, equity, nuisance, trespass, negligence, strict liability,admiralty or otherwise, (including, but not limited to, any Claim (a) arising out of, relatedPage 5 of20

to or involving Environmental Contamination or any other substance, product, matter ormaterial in any form or state, any cumulative or other injury or damage, any activity,operation, or exposure or any alleged bad faith, conspiracy, or extra-contractual or tortliability, (b) for damages, indemnity, contribution, defense obligations, costs or expenses,or (c) pursuant to or under a contract, other agreement, promise, representation orWalTanty or pursuant to any direct action or statutory or regulatory iight of action), or(2) "Claim" as that term is defined in the United States Bankruptcy Code, 11 U.S.c.§ 101(5). Without limitation, "Claim" shall include any Environmental Claim and anyand all assertions or rights capable (absent this Agreement) of being covered by thePolicies.2.08 "Policies" means all policies of insurance, whether known or unknown,whether issued or allegedly issued, whether primary, umbrella, excess or otherwise, andwhether liability, owners', landlord and tenant, owners and contractors, first party,~environmental hazard, environmental impairment, inland marne liability, bumbershoot,automobile or otherwise, issued or allegedly issued prior to the Effective Date byTravelers(including but not limited to those policies listed on Exhibit A): i) to JerseyCity; or ii) under which Jersey City claims insurance, rights or benefits.Notwithstanding any other portion ofthis paragraph 2.08 to the contrary, the termPolicies shall not include: (l) those pars of any worker's compensation insurance policythat are required to be maintained pursuant to applicable statutory worker's compensationlaws; and (2) any life insurance policies.2.09 "Effective Date" means the date of the last signature placed hereon, andthis Agreement shall be effective as of such date.Page 6 of20

3. Payment of Settlement Amount3.01 Subject to all of the terms and conditions contained in this Agreement,The Travelers Indemnity Company agrees that in full and final settlement and satisfactionof all Released Claims (as that term is defined below) it will pay, after its receipt of afully executed original of this Agreement, a total of One Hundred Ninety-Five ThousandDollars ($195,000.00) (the "Settlement Amount") within thirty (30) days from completeexecution of this Agreement by the City and Travelers.3.02 Upon payment of the Settlement Amount as set forth in paragraph 3.01above, Travelers Indemnity and Gulf shall have no further obligation to the City underthe Policies. Additionally, the Parties agree and jointly represent that the considerationpaid by Travelers Indemnity to the City pursuant to this Agreement constitutes a fair andreasonable exchange for the release granted by the City to Travelers in this Agreement.4. Release4.01 Upon the Effective Date, and in consideration of the promises contained inthis Agreement, the City hereby acquits, releases and forever discharges Travelers from,and covenants not to sue Travelers for, any and all past, present and future Claims andliability of any kind or nature directly or indirectly connected with, arising out of orrelating in any way to, in whole or in part, the Policies, including, without limitation, anysuch liability arising out of:(a) Claims arsing out of, in connection with or relating in any way to theCity's Claims for insurance coverage, including, but not limited to, anyand all Claims asserted (or which could have been asserted) by the Cityagainst Travelers in connection with any Environmental Claims;Page 7 of20

(b) any alleged bad faith or other misconduct, or alleged wrongdoing of anykind by Travelers under the Policies or under, the statutory or commonlaw, based upon' any act or omission of Travelers in the handling ordisposition of any request for insurance coverage that has been tendered toTravelers by the City (or any other Person by or on their behalf), whetheror not such Claim was or could have been asserted by the City andwhether sounding in breach of contract, breach of any duty of good faithand fair dealing, breach of statutory duties, actual or constructive fraud,actual or constructive breach of fiduciary duty or any other theory relatingto any alleged misconduct or wrongdoing of any kind by Travelers inconnection with the handling and disposition of the City's Claims forinsurance coverage; and(c) any liability arising out of any allegedly negligent or otherwise improperengineering and/or loss control services provided, or allegedly notprovided, by Travelers to the City.The foregoing shall collectively be referred to herein as the "Released Claims."4.02 Travelers hereby irrevocably, unconditionally, completely, fully andforever releases, remises, holds harless and discharges the City from any and all Claimsfor payment of deductibles, self-insured retentions or retrospective premiums under thePolicies.5. Exhaustion of Policies5.01 Upon the Effective Date of this Agreement, and in consideration of thepromises contained in this Agreement, any and all purported rights, duties,Page 8 of20

esponsibilities and obligations of Travelers alleged to have been created, or that may,becreated, by the Policies are hereby deemed exhausted, extinguished, terminated, canceledand otherwise fully satisfied. The Policies are to be hereafter treated as null and void andneither the City nor any other Person shall have any right hereafter to present or tenderany Claim whatsoever under any of the Policies, regardless of whether the Claim has, been or could have been presented or tendered to Travelers prior to the Effective Date ofthis Agreement and Travelers shall have no duty or obligation to defend, indemnify orotherwise provide coverage, services or benefits of any kind whatsoever to the City or toany other Person which has asserted, is asserting or which may in the future assert aClaim that it is an insured (including, without limitation, those denominated as Insureds,Named Insureds, Additional Insureds, Additional Named Insureds, Persons Insured orAdditional Persons Insured) or otherwise insured or covered under the Policies and anyPerson who has asserted, is asserting or who may in the future assert a Claim of or anyright to, or title, interest or benefit in or under, any of the Policies or to any Personmaking a Claim through or derived from the City or any of the foregoing. This release isintended to operate as if Travelers never issued the Policies.6. Reservation of Rights6.01 Except as expressly provided in this Agreement, neither the existence ofthis Agreement nor any action taken pursuant to its terms shall be construed in any wayto prejudice the interest or rights of the Parties and all of the Claims, rights or benefits ofthe Parties that are not expressly waived or limited by this Agreement are preserved.6.02 This Agreement is not intended to be, and shall not be construed as, anagreement by Travelers Indemnity or Gulf to defend or indemnify the City with regard toPage 9 of20

7. Maximum Liabilty"7.01 It is the intent of the Parties that Travelers' maximum liability for theClaims released herein shall be limited to the Settlement Amount. Consistent with thisintent, the City agrees that, as ofthe Effective Date, it is self-insured for the full amountof any Claims or demands made with respect to the Policies that would have, could haveor were alleged to have been the responsibility ofTravelers under the Policies had thisAgreement not been entered into. The City shall pay the amount of such released Claimsirrespective of whether the demand is made directly upon the City or upon Travelers tothe City in response to any Claims or demand made against Travelers. The City shall besolely responsible for the full amount of any settlement or judgment resulting from suchreleased Claims. The City further agrees that for any Claims released herein, it shall payreasonable attorney fees, to the extent allowed by law.7.02 Should any such Claims that are potentially subject to the paymentdescribed in paragraph 7.01 be brought against Travelers, Travelers agrees (i) to promptlynotify the City of any such Claims that, absent the provisions of this paragraph, mightotherwise obligate Travelers to make a direct payment to any claimant; (ii) to cooperatePage 10 of20

with the City and exercise good faith in the defense of such Claims; and (iii) to cooperateto the full extent possible.8. Travelers Release of Contribution/Indemnification and Subrogation8.01 Travelers agrees that it wil not seek indemnification, contribution,subrogation or similar relief for amounts Travelers Indemnity and Gulf are obligated topay in connection with this Agreement from any insurer of the City under policies thatother insurers issued to the City; provided, however, that Travelers shall be free to assertall claims and defenses, including those for indemnification, contribution, subrogation orother relief, against any other insurer that has not agreed in writing to forego all suchclaims against Travelers. Nothing in this Agreement shall release or affectany right thatTravelers had, has or may in the future have with respect to reinsurers, reinsuranceintermediaries and/or retrocessionaires, including its right to make a claim for reinsurancefor the Settlement Amount or any part thereof.9. Confidentiality and Non-Use As Evidence9.01 This Agreement, including all of its terms, and all communications orexchanges of information between the Parties or their representatives that took placeduring the negotiations relating to the Agreement, shall be maintained as confidential andproprietary. Except as permitted by paragraph 9.02 below, the Parties agree not todisclose a copy of this Agreement or its terms, or any correspondence or otherinformation exchanged or otherwise produced during negotiations that has not otherwisebeen disclosed as of the Effective Date. Each Party further agrees to make reasonableefforts to resist and contest any attempt to compel production of this Agreement ordisclosure of its terms.Page 11 of20

9.02 This Agreement and its terms may be disclosed only under the followingcircumstances: (l) as required by law or couit order; (2) to any reinsurer, reinsuranceintermediary or retrocessionaire of Travelers in connection with reinsurance obligations;(3) to a Pary's counsel, auditors or accountants; (4) in any action or proceeding wherethe existence or terms of this Agreement are at issue; and (5) by written agreement of theParties. In the event of any disclosure of this Agreement by any Party pursuant tosubsections (4) or (5) of this paragraph, the Party disclosing the Agreement agrees toenter into a written confidentiality agreement with the Person to whom disclosure is to bemade prior to such disclosure. To the extent that any disclosure of this Agreement isrequired by court order, the Party disclosing the Agreement shall make all reasonableefforts to have the release made only under seaL.Travelers, acknowledges that the City is obligated to comply with NewJersey law regarding its activities, including but not limited to Jersey City ordinances andNew Jersey laws relating to access to public records. Notwithstanding any other provisionsof this Settlement Agreement, the City's performance of its obligations hereunder will at alltimes be consistent with Jersey City ordinance and New Jersey law.9.03 This Agreement shall be deemed to fall within the protection affordedcompromises and offers to compromise by Rule 408 of the Federal Rules of Evidenceand corresponding state rules.9.04 No part of this Agreement may be used in any proceeding as evidence ofthe respective rights, duties or obligations of Travelers Indemnity and/or Gulf; however,this restriction shall not apply to any proceeding in connection with any Claim or actionin which the effect of this Agreement is put at issue.Page 12 of20

9.05 Other than this Agreement as provided for above, any Party (in itscapacityas a "Taxpayer," as defined in Treas. Reg. Section 1.6011-4(c)(l)) may discloseto any and all persons or entities, without limitation of any kind (as required by Treas.Reg. Section 1.6011-4), the tax treatment and the tax structure of the transaction( s)encompassed by this Agreement and all materials of any kind (including opinions orother tax analysis) that were or are provided to such party relating to the tax treatment ortax structure of such transaction(s).10. Representations and Warranties10.01 To the extent applicable, the City and Travelers Indemnity and Gulf eachrepresent and warrant that:(a) the individual executing this Agreement on its behalf has the authority toenter into a settlement and release containing all of the terms andconditions set forth in this Agreement and to bind each of the Personsincluded within this Agreement's definitions of the City and Travelers,respectively;(b) it has taken all necessary corporate and internal actions to duly approvethe making and performance of this Agreement and no further corporate' orother internal approval is necessary;(c)' the making and performance of this Agreement will not violate anyprovision of the Parties' respective articles of incorporation, charter or bylaws;(d) it signs this Agreement of its own free act and that in making thisAgreement it has obtained the advice of competent legal counsel; andPage 13 of20

(e) it has conducted a diligent search and is unaware of any general liabiltyinsurance policies issued by Travelers to the City other than the generalliability insurance policies identified in Exhibit A.10.02 The City further represents and warrants that, as of the date of thisAgreement, it has not assigned any of its rights under the Policies to any other Person.Furthermore, none of the Paries may assign its rights or delegate its duties under thisAgreement without first obtaining the written consent of the other Patty; provided,however, that this provision shall not prohibit any assignment by any Party due to merger,consolidation, operation of law or to a Person who succeeds to all or substantially all ofsuch Party's assets. Subject to the foregoing, this Agreement shall extend to and bebinding upon the successors and assigns of the Parties.11. No Admission11.01 The City acknowledges that Travelers disputes coverage under thePolicies. Nothing in this Agreement is intended to create any right in any Person underthe Policies. The City recognizes that payments made by Travelers Indemnity under thisAgreement wil be made in compromise of disputed coverage claims and are not, andcannot be construed as, or asserted by the City or any other Person to be, an admission byTravelers that any defense, indemnity or any other obligation exists under the P?licies.By this settlement, Travelers is making no admission of any kind. The Paries agree thatnone of the teims of this Agreement, nor any aspect of its negotiation or performance,shall be used in any manner by any Person in any future action or proceeding as evidenceof the rights, duties or obligations of the Paries, except that this restriction shall notapply to any proceeding in which the effect of this Agreement is put at issue.Page 14 of20

12. Other Provisions12.01 This Agreement was negotiated at arms-length with each Patiy receivingadvice from independent, competent legal counsel and it is an integrated documentcontaining all the terms and conditions agreed upon by the Parties relating to its subjectmatter. This Agreement supersedes any and all prior or contemporaneous agreements,negotiations, correspondence, understandings and communications between the Parties,whether oral or written, respecting matters concluded herein. No representations,warranties, promises, inducements or considerations have been made or relied upon by theParties other than those set forth herein. This Agreement was reviewed and approved byattorneys for all of the Paries and it is the intent of the Parties th.at there shall not be apresumption or constrction against any Party. MOle specifically, this Agreement is not acontract of insurance and the Parties agree that it shall not be interpreted according to anyiules of constiuction applicable to insurance contracts. In particular, with respect to theinterpretation of this Agreement, the Paries waive any benefits from the principles ofcontra proferentum or other principles which would result in the interpretation of anyambiguities against either Party. No Pary shall be deemed to be the drafter of thisAgreement or of any particular provision, and no par of this Agreement shall be constiuedagainst a Party on the basis of the Party's identity as an insurance company or as thedrafter of any part of this Agreement. This Agreement may not be amended or modifiedother than by written agreement agreed to a~d signed by the Paries. This Agreement shallbe binding upon and inure to the benefit of each of the Parties and the respectivesuccessors and assigns of each of the foregoing.Page 15 of20 ,

12.02 In the eyent of any controversy, claim or dispute between the Partiesaffecting or relating to the subject matter or performance of this Agreement, theprevailing Party shall be entitled to recover from the nonprevailing Party all of itsreasonable expenses, including costs and attomeys' fees.12.03 Any notice required pursuant to this Agreement shall be sent by U. S. Mailor ovemight delivery service as follows or as the Parties may subsequently direct inwriting:If to the City:City of Jersey CityDepartment of Law280 Grove StreetJersey City, NJ 07302Attn. Corporation CounselWith copies to:David L. Isabel, Esq.Golub &' Isabel160 Littleton RoadSuite 300Parsippany, N.J. 07054andLaurence J. EisensteinEisenstein Malanchuk LLP1048 Potomac Street, N.W.Washington, D.C. 20007If to Travelers:General CounselEnvironmental Litigation GroupThe Travelers Indemnity Company.One Tower Square, 8FPHarford, CT 0618312.04 This Agreement may be executed in duplicate counterparts, each of whichshall constitute an original and all ofwhich together shall be deemed a single document.Page 16 of20

.. "";EXHIBIT AThe Travelers Indemnity Company Policy No. KSLG-7606598 2/5/71 to 12/1/71The Travelers Indemnity Company Policy No. TKSLG944277 12/1/71 to 12/1/72GulfInsurance Company Policy No. GA5669260 12/1/72 to 12/1/73GulfInsurance Company Policy No. GA5724127 12/1/73 to 12/1/74GulfInsurance Company Policy No. GA5827491 12/1/74 to 12/1/75Page 18 of20

Resolution of the City of Jersey City, N.J.City Clerk File No. Res. 09-903Agenda No.10.Z.6Approved: OCT 2 8 2009TITLE:00'.poRESOLUTION AUTHORIZING A CONTRACT WITH DIETRICH NEUMAHRPROVIDE FOUR K-9 DETECTIONIPOLICE PATROL DOGS TO THE JERSEY CITYPOLICE DEPARTMENT AND OFFICE OF EMERGENCY MANAGEMENTCOUNCILADOPTION OF THE FOLLOWIG RESOLUTION:OFFERED AND MOVEDPolice (Deparment) andEmergency Management desire to expand it's K-9 Unit for bomb detection and patrolHomeland Security; andWHEREAS, the City of Jersey City (City) through its Deparment ofOffce ofcapabilities though fuding provided by the U.S. Deparment ofWHEREAS, the Deparent has informally solicited two quotations in accordance withN.J.S.A 40A: 11-6. L.;andWHEREAS, Dietrich Neumah, 9 Strang Road, Derby, CT 06418, is an experienced dog breederwho specializes in providing dogs to law enforcement agencies and provided the lowestquotation to the Deparment; andWHEREAS, the Deparent has experience with Dietrich Neumah and other New Jersey lawenforcement agencies have recommended Dietrich Neumah as the breeder for law enforcementdogs; andWHEREAS, the Deparent has received a quotation in accordance with N.J.S.A. 40A: 11-6.1.to provide four (4) German Sheperds from Dietrich Neumah for a cost of $20,800.00; andWHEREAS, Sgt. W. Greg Kierce, OEM Coordinator for the City, reviewed Dietrich Neumahr'sproposal from Dietrich Neumah and certifies it is fair and reasonable; andWHEREAS, the sum of $20,800.00 is available in Account No. 1 0-02-213-40-972-2 i 8; andWHEREAS, the City is acquiring these services directly and openly as a statutorily permittedcontract pursuat to the provisions ofN.J.S.A. 19:44A-20.5 (Pay-to-Play Law); andWHEREAS, the Police Director has determned and certified in writing that the value of thecontract will exceed $17,500; andWHREAS, Dietrich Neumah has completed and submitted a Business Entity DisclosureCertification which certifies that Dietrich Neumah has not made any reportable contributions tothe political or candidate committees listed in the Business Entity Disclosure Certification in theprevious one year (2005 contributions are exempt), and that the contract will prohibit DietrichNeumah from makng any reportble contributions during the term ofthe contract; andWHREAS, Dietrch Neumah has submitted a Chapter 271 Political Contrbution DisclosureCertification at least 10 days prior to the award of this contract; and\ .,--~

Continuation of Resolution Res ~ 09-903City Clerk File No. 10. Z. 6Agenda No. OCT 2 8 2009Pg.# 2.RSOLUTION AUTHORIZING A CONTRACT WITH DIETRICH NEUMAHR TOTITLE: PROVIDE FOUR K-9 DETECTIONIPOLICE PATROL DOGS TO THE JERSEY CITYPOLICE DEPARTMENT AND OFFICE OF EMERGENCY MANAGEMENTNOW, THEREFORE, BE IT RESOLVED by the Municipal Council ofCitythat:the City of JerseyI) a contract is awarded to Dietrich Neumah for the sum of$20,800.00 to provide four (4)German Shepherds; and2) this contract is awarded pursuant to N.J.S.A. 40A: 11-6.1.; and3) the award of this contract shall be subject to the condition that Dietrich Neumahprovides satisfactory evidence of compliance with the Affirmative Action Amendmentsto the Law Against Discrimination N.J.S.A. 10:5-31 et seq.;and4) the Business Administrator and Purchasing Agent are hereby authorized to tae suchother actions that are necessar to effectuate the puroses of this Resolution;5) The Business Entity Disclosure Certification, Chapter 271 Political ContributionDisclosure Certification, and the Determination of Value Certification attached heretoand incorporated herein by reference shall be placed on fie with this resolution.I ~~ ' Donna Mauer as Chief Financial Offcer, hereby certify thatfuds are available for this expenditue in accordance with the Local Budget Law, N.J.S.A.40A:4-1 et seq., in Account No. 10-02-213-40-972-218fo q8a37'.APPROVED:APPROVED:APPROVED AS TO LEGAL FORMCertification Required tiNot Required D~rpor~i'APPROVED 9 - 0RECOI\D OF COUNCIL VOTE ON FiNAL PASSAGE 10/28/09COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V, COUNCILPERSON AYE NAY N.V.,SOTTOLANO GAUGHANIBRENNANI,DONNElLY I FULOP/ FLOOD. ,\ ' ./lOPEZ iI RICHARDSON .I VEGA i/,l Indicates Vote N. V.-Not Voting (Abstain)v~ rrng ~:n;cipa~O"nCII of the Cil of Je'Sey Cil N.J.Peter N, Brennan._."'''""' Ro..C£.~.l

ORDINANCEIRSOLUTlON FACT SHEET Date Submitted to B.A _Oct I, 2009_This summary sheet is to be attached to the front of any' ordinance, resolution, cooperationagreement or contract that is submitted for Council consideration. Incomplete or sketchy summarysheets will be returned with the resolution or ordinance. The department, division or agencyresponsible for the overall implementation of the proposed project or program should provide aconcise and accurate statement of facts.1. Full Title of OrdinancelResolution/Cooperation Agreement:RESOLUTION AUTHORIZING A CONTRACT WITH DIETRICH NEUMAHRTO PROVIDE FOUR K-9 DETECTIONIPOLICE PATROL DOGS TO THEJERSEY CITY POLICE DEPARTMENT AND OFFICE OF EMERGENCYMANAGEMENT2. Name and Title of Person Initiating OrdinancelResolution :SAMUL JEFFERSON, DIRCTOR, DEPARTMENT OF POLICE3. Concise Description of the Program, Project or Plan Proposed in the OrdinancelResolution:TO PURCHASE FOUR (4) GERM SHEPHERD DOGS FOR BOMB DETECTION ANDPATROL PURPOSES4. Reasons (Need) for the Proposed Program, Project, etc.:DOGS WILL BE TRAIND IN POLICE PATROL AND BOMB DETECTION5. Anticipated Benefits to the Community:EXPANSION OF K-9 UNT FROM ONE TO FIVE PROVIDES GREATER COVERAGE OFTHE CITY AND SPECIFIC THRATS AGAINST WATERFRONT TARGETS.6. Cost of Proposed Program, Project, etc. (Indicate the dollar amount of City, Stateand Federal Funds to be used, as well as match and in-kind contributions.)TWENTY THOUSAND EIGHT HURED DOLLARS ($20,800.00) - UASI FUNING7. Date Proposed Program or Project wil Commence:October 20098. Anticipated Completion Date:CONTINOUS9. Person Responsible for Coordinating Proposed Programlroject:SGT. W. GREG KIERCE, OEM COORDINATORlt~~ W1I certify that all the facts presented herein are accurate.Signature of Department Director Date

DETERMINATION OF VALUE CERTIFICATION""---Samuel-Jefferson;-offulI-ge;--herebycertifies-as-follows:------,,'----- ------- --- -----1. I am the Director of the City of Jersey City (City) Police Department and have knowledge ofthe goods and services that the Police Deparent needs.2. The US Department of Homeland Security has recommended and provided fundingfor the Deparent to expand it's K-9 Unit.3. This purchase qualifies pursuant to NJ.S.A. 40A: 11-6.1.4. Dietrich Neumahr has provided dogs in the past to the Deparment and has proposedselling us four (4) German Shepard dogs for $20,800.00.5. The Police Deparent's recommendation is to award the contract to Dietrich Neumahr .6. The estimated amount of the contract exceeds $19,500.00.7. This certification is made pursuant to NJ.S.A. 19:44A-20.5.8. I certify that the foregoing statements are true. I am aware that if any of the foregoingstatements made by me are wilfully false, I am subject to punishment.Dated; I Ò It) 6)Y 1r iI

Requisition #0147743VendorDIETRICH NEUMANH9 STRANG ROADCITY OF JERSEY CITYRequisitionDept. Bil ToPOLICE DEPARTMENT8 ERIE STREETDept. Ship ToAssigned PO #DERBY01156710Quantity4.00JERSEYCITYContact InfoSGT W. GREG KIERCE-- ~--------------, ------ -,- --..------20l547 5681--'-' , -,---- ---- ---,-,----,- - --,-..UOM Description AccountEA K-9 DOGS 0221340972218UASI FUNDEDDUEL PURPOSE BOMB DETECTION/PATROL DOGSUnit Price5,200.00Total20,800,002 QUOTES PROVIDED (2ND BY TARHEEL CANINE)~Requisition Total 20,800.00Req. Date:Requested By: RKAKOLESKIBuyer Id:Approved By:This Is Not A Purchase Order

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BUSINESS ENTITY DISCLOSURE CERTIFICATIONFOR NON-FAiR AND OPEN CONTClRequied Pursuant To NJ.S.A. 19:44A-20.8CITY QF JERSEY CITYPart I - Vendor MfirmalIonThe undersigned, being authoried and knowledgeable of the circumstances, does hereby certify that the ~name ofbusineJs en/it)';: has not made and wil not make any reportable contributions pursuant to N.JS.A. 19:44A-1 et seq. that,pursuant to P.L. 2004, c. 19 would bar the award of ths contrct in the one year period precedig (date of aivard scheduledfor approi'al of the contract by the goi'erning botlJ -to any of the followig named candidate commttee, joint candidatescommttee; or political party commttee represenuug the elected oflicial of the ~name of entiry of elected o.cials~ asdetined pursuant to N.J.S.A- 19:44A-3(p) , C9 and (r).i.l\ariano Vega,Jr. Election Fund ~ Gaughan Election Fund.".--..~!cnds of Peter Brennan Election Fund ---.,.. . .. - Fulop 2009 I~~:.Committee to Elect Wille Flood Friends of Viola Richardson for Ward F --Friends ofI Friends ofIMichae1 SottolaiioPhil ~enny Healy for Mayor 2009.Part II - Ownership Disclosure Certficationo I certify that the list below contas the names and home addresses of al owners holdig 10% or more of theissued and outstanding stock of the undersigned.Check the box that represents the tye ofbusiiiess entity:o Partnership o Corporation IiSoie Proprietorship o Subchapter S CorporationDLited Partnersmp DLited Liabilty Corporation DLited liabilty Partnership-----_P. ..,F=-.~ _'~J;TNa~~.~f~~C,~ ~.~ti;eholder.,.'.--,----- 1-.--. -Homë Address -._--'tlJ'ht7 #, J)~,6y-/ CI pt¥/g_.,.._--....".- -. -..--Friends of Nidi a R. Lopez-_.- -. -----,_.-------. --._-.._-f----------. --_.-,-....-..._w.- _.. -ZAE NAlLBAINotary PuIcConnecticutMy Comml,sslon Expires Feb ai. 2012dZcl ff~ka-Jo~oS- -Or,I

PUBLIC DISCLOSURE INFORMTIONChapter 33 ofthe Public Laws of 1977 provides that ll() Corporation or Parnership shall beawarded any State, City, Municipal or SchoolsDistrict contracts for the pedormance of anywork or the furnishing of any materials or supplies, unless prior to the receipt of the bid oraccompanying the bid of said corporation or parership there is submitted a public disclosureinformation statement. The statement shall set forth the names and addresses of all stockholdersin the corporation or partership who own ten percent (10%) or more of its stock of any class, orof all individual parers in the partership who own a ten percent (10%) or greater interesttherein...STOCKHOLDERS:Name Address%owned;J!Í.frt d, lieúmah, /00SIGNATU:TITLE:'Gf/ 4/&¡¿SUBSCRIED AND SWORN TO A / /BEFORE ME THIS DAYt? oS-, i OF200?(TYPE OR PRIT NÄME OF AFFIAT UNDER SIGNATU)NOTARY PUBLIC OFMY COMMISSION EXPIRS: 20 .(NOTE: TilS FORM MUST BE COMPLETED, NOTARZED AN RETURDWITH TilS PROPOSAL).~ -l NoCH PußcZA NALlI ·4 Conneticuti ,My Ccimlulon bpi,.. Feb 21, 2012§qde-- ;ø~'/O~ 05 --0 ~

NON COLLUSION AFDAVITSTATE OF NEW JERSEYCITY OF JERSEY CITY ss:I certify that I am:t/é ¡¡-itt, Ale f. I1 a61of the finn of 12ë.Jnib Neumabi ~the bidder making the proposal for the above named project, and that I executed the saidproposal with ful authority so to do; that said bidder has not, directly or indirectly entered intoany agreement, paricipated in anycollusion, or otherwse taen any action in restraint of free,competitive bidding in connection with the above named project; and that all statementscontained in said proposal and in this affdavit are true and correct, and made with fullknowledge that the City of Jersey City relies upon the truth ofthe statements contained in saidproposal and ,in the statements contained in this affdavit in awarding the contract for the saidproject.I futher wart that noperson or sellng agency has been employed to solicit or secure suchcontract upon an agreement or understanding for a coInssion, percentage, brokerage orcontingent fee, except bona fide employees or bona fide established coinercial or sellingagencies maintaned by (NoJ.S.A, .52Z~ ,""(Signatue of respondent)SUBSCRIED AND SWORNBEFORE ME TIS DAY, (/ ,&~LTOfDlos.(ITE OR PRIT NAME OF AFFIA UNDER SIGNATUR)NOTARY PUBLIC OFMY COMMSSION EXPIRS: 20 0OF 20 01(NOTE: TilS FORM MUST BE COMPLETED, NOTARZED AN RETUEDWITH TilS PROPOSAL).- , - - - -ZAE NALLIAINotary Public, Connecticuti My Commliiion Expire. Feb 28, 2012 ... -- .. - "cßdÆ t?~~/0--0'5 --09

MADATORY EQUAL EMPLOYMNT OPPORTUNTY LANGUAGEN.J.S.A. 10:5-31 and N.J.A.C. 17:27 (continued)use of:;:any recruitment agency which engages in, direct or indirect discriminatory practices.. Thecontractor or subcontractor agrees to revise any of its testing procedures, if necessary, toassure that all personnel testing conforms with the principles ofby the statutes and court decisions ofFederal law and applicable Federal cour decisions.job-related testing, as establishedthe State of New Jersey and as established byapplicableIn conforming with the applicable employment goals, the contractor or subcontrctor agrees toreview all procedures relating to transfer, upgrading, downgrading'and layoffto ensure that allsuch actions are taken without regard to age, creed, color, national origin, ancestr, maritalstatus, affectional or sexual orientation or sex, consistent with the statutes and cour decisions ofthe State ofNew Jersey, and applicable Federal law and applicale Federa cour decisions.The contractor and its subcontractors shall fushsuch report or other documents to theDivision of Contrct Compliance & EEO as may be requested by the Division fTom time to timein order to ca out the purposes of these reglations, and public agencies shall furnish suchinformation as may be requested by the Division of Contract Compliance & EEO for conductinga compliance investigation pursuat to Subchapter 10 ofthe Admistrative Code at N...A.C.17:27.The undersigned vendor certifies that he/she received, read, and is aware of thecommitment to comply with:N.J.S.A. 10:5-31 and N.J.A.C. 17:27MAATORY EQUAL EMPLOYMNT OPPORTUNTY LAGUAGEGoods, Professional Servces and General Servce Contracts(Mandatory Affrmative Action Language)The undersigned vendor further agrees to furnish the required forms of evidence andunderstands that hislher bid shall be rejected as non-responsive if said contractor fails tocomply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 .Reprenta~ve'S ~aieltie (prit): fì1l u..a.IJ/Representative's Signature: __ ~_ _ _M. ¿Name of Company: ~ éltlC4 A. limA /¡rTeL. No.: llJJ -,,1I-Jd(lDate: /(J-l-tJ f

AMRICANS WITH DISABILITIES ACT OF 1990Equal Opportunity for Individuals with Disabilty "The contractor and the Own-e of ~/1:lrl(;t &~¿(,(hereafter"owner") do hereby agree that the provisions of Title 11 of the Americans With Disabilities Actof 1990 (the "Act") (42 Us.c. S121 01 et seq.), which prohibits discrimination on the basis ofdisability by public entities in all services, programs, and activities provided or made available bypublic entities, and the rules and regulations promulgated puruant there unto, are made a part ofthis contract.In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, thecontractor agrees that the performance shall be in strict compliance with the Act.In the event that the contractor, its agents, servants, employees, or subcontractors violate or arealleged to have violated the Act durng the performance ofthis contrct, the contractor shalldefend the owner in any action or admnistrative proceeding commenced puruat to this Act.The contractor shall indemny, protect, and save harmess the owner, its agents, servants, andemployees from and against any and all suits, claims, losses, demands, or damages, of whateverkind or nature arising out of or claimed to arise out of the alleged violation.The contractor shall, at its own expense, appear, defend, and pay any and all charges for legalservices and any and all costs and other expenses arsing from such action or admstrtiveproceeding or incured in connection therewith. In anyand all complaints brought puruat tothe owner's grevance procedure, the contractor agrees to abide by any decision of the ownerwhich is rendered pursuant to said grievance procedure. If any action or admstrativeproceeding results in an award of damages against the owner, or ifthe owner incurs anyexpenseto cur a violation of the ADA which has been brought pursuat to its grievance procedure, thecontractor shall satisfy and discharge the same at its own expense.The owner shall, as soon as practicable afer a claim has been made against it, give written noticethereof to the coìitractor along with full and complete pariculars of the claim, If any action oradminstrative proceedig is brought against the owner or any of its agents, servants, andemployee, the owner shall expedtiously forward or have forwarded to the contrctor everydemand, complaint, notice, sumons, pleadig, or other processrepresentatives.received by the owner or itsIt is expressly agreed and understood that any approval by the owner of the servces provided bythe contractor pursuant to this contrat will not relieve the contrctor ofthe obligation to complywith the Act and to defend, indemn, protect, and save harless the owner puruat to thisparagraph.It is fuer agreed and understood that the owner assumes no obligation to indemnify or saveharmless the contractor, its agents, servants, employees and subcontractors for any claim whichmay arise out oftheir performance of this Agrment.

AMERICANS WITH DISABILITIES ACT OF 1990Equal Opp,ortunity for Individuals with Disabilty (continued)Furthermore, the contractor expressly understands and agrees that the provisions ofthisindemnification clause shall in no way limit the contractor's obligations assumed in thisAgreement, nor shall they be constred to, relieve the contractor from any liabilty, nor precludethe owner from takng anyother actions available to it under any other provisions of theAgreement or otheiwiseat law.~pr..ntatie's Name!Ue Print): 7)r;v::~pr..ntati's Sigaloe: ~ _ ¡(L- ~'¿Name ofCompany: 72/~//"írl It.. VWlQ.l1/TeL. No.: '¿l-.J?I-lSt 7 Date: 10- 2. -0.9

MINORITYIWOMA BUSINESS ENTERPRISE (ME)Questionnaire forBiddersJersey City Ordinance C-829 ,establishes a goal of awarding 20% of the dollar amount òf totalcity procurement to minority and woman owned business enterprises.To assist us in monitoring our achievement ofthis goal, please indicate below whether yourcompany is or is not a minority owned and/or woman owned business, and return this form withyour bid proposaL.Business Name: ~;.¡u?b NR.iJmaJz lAddress:Telephone No.:, .ci ca l1 ¡¿/ 7?e1hyl a cJí¥'/(jdo1- 211- :?R' 7Contact Name: Yt.è iríoL, N.. l. VJ t, fPlease check applicable category :_ Minority OwnedWomanOwned_ Minority & Woman OwnedÄ-eitherDefinition of Minority Business EnterpriseMinority Business Enterprise means a business which is a sole proprietorship, partership orcorporation at least 5 I % of which is owned and controlled by persons who are AfcanAmerican, Hispanic, Asian AmericaI American Indian or Alaskan native, defined as follows:African American: a person havig origis in any of the black racial groups of Afrcalfspanic: a person ofSpansh cultue or origin regardless of race.Mexican, Puert Rican, Centra or South American or other non-EuropeanAsian: a persn havig origin in any of the original peoples ofthe Far East, South East Asia,Indian subcontinent, Hawaü or the Pacific Islands.American Indian or Alaskan Native: aperson having origins in any of the original peoples ofNort America and who maintain cultul identifcation though trbal affiation or communtyrecogntion.Woman Business EnterpriseWoman Business Enterprise meas a business which is a sole proprietorship, parnership orcorporation at least 5 1% of which is owned and controlled bya woman or women.DIVSION OF PURCHASING COpy

MINORITYIWOMA BUSINESS ENTERPRISE (ME)Questionnaire for BiddersJersey City Ordinance C-829 establishes a goal of awarding 20% of thecity procurement to minority and woman owned business enterprises.dollar amount of totalTo assist us in monitoring our achievement ofthis goal, please indicate below whether yourcompany is or is not a minority owned and/or woman owned business, and return this form withyour bid proposaL.Business Name:Address:Telephone No.:Contact Name:Please check applicable category :ø;,lrl¿b /V.emahrl' lIt-a ""0- /Z. Z)lbj/ 0 06 ~/d".~ oÛ3 -2s./- :i~6'7"Z, ¿ Ii /,,4 N.. U ¡Nab'_ Minority OwnedWonian Owned_ Minority & Woman Owned/' NeitherDefinition of Minority Business EnterpriseMinority Business Enterprise means a business which is a söle proprietorship, parership orcorporation at least 51 % of which is owned and controlled by persons who are AfcaAmerican, Hispanic, Asian American, American Indian or Alaskan native, defined as follows:African American: a person havig origins in any ofthe black racial groups of AfcaHispanic: a person of Mexican, Puert Rican, Central or South American or other non-EuropeanSpansh cultue or origin regardless of race.Asian:a persn havig origin in any of the origil peoples of the Far East, South East Asia,Indian subcontinent, Hawaii or the Pacific Islands.American Indian or Alaskan Native: a person having origin in any of the originl peoples ofNort America and who maintas cultul identification through tribal affiation or communtyrecognition.Woman Business EnterpriseWoman Business Enterprise means a business which is a sole proprietorship, partnership orcorporation at least 51 % of which is owned and controlled bya woman or women.OFFCE OF EQUAL OPPORTUNITY COpy

AFFIRMTIV ACTION COMPLIANCE NOTICEN.J.S.A. 10:5-31 and N.J.A.C. 17:27GOODS AND SERVICES CONTRACTS(INCLUDING PROFESSIONAL SERVICES)This form is a sumary of the successful bidder's requirement to complywith the requirementsofN.J.S.A. 10:5-31 and N.J.A.C. 17:27.The successful bidder shall submit to the public agency, after notification of award but prior toexecution of this contract, one of the followig three documents as form of evidence:(a) A photocopy of a valid letter that the contractor is operating under an existingFederally approved or sanctioned affirmative action program (good for one year from thedate of the letter);OR(b) A photocopy of a Certificate ofaccordance with N.J.A.C. 17:27-4;Employee Inormation Report approval, issued inOR(c) A photocopy of an Employee Information Report (Form AA302) provided by theDivision and distributed to the public agency to be completed by the contractor inaccordance with N.J.A.C. 17:27-4.The successful vendor may obtain the Affrmative Action Employee Information Report(AA302) from the contracting unit during normal businèss hours.vendor.' ,The successful vendor(s) must submit the copies ofthe AA02 Report to the Division ofContract Compliance and Equal Employment Opporttyin Public Contracts (Division). ThePublic Agency copy is submitted to the public agency, and the vendor copy is retained by theThe undersigned vendor certifies thathe/she is aware ofthe commtment to comply with therequirements ofN.J.S.A. 10:5-31 and N.1.A.C. 17:27 and agrees to fush the required forms ofevidence.Theundersigned vendor fuher understands that his/her bid shall be rejected as non-responsive~COMPAN: ~4. tV.eun-al"SIGNATU:DATE:PRINTNAME: 72é /rjc¿ !fevIt6,. TITLE:if said contractor fails to comply with the requirements ofN.JoS.A. 10:5-31 and N.J.A.C. 17:27./()-2 -l) PtJWner

,"C.271 PlAl"'1 1m_ ~Requir Puuat To N.1.S.A. i9:44A-20.~6Thi form or it permitted facsimil must be submied to the lo unitDO later than 10 days prir to the award of the contrct.Pa'R I - Vendor Infonnaton~ . Jl:t;tlU¿æ=~.~t~~ I State: _~ __Zip: ()(¥IdThe underigned being authori to cerfy, herby cefies tht th submissoi prvided hein reresntscompliance with the provisions ofNJ.S.A. 19:44A-20.26 and as reted by the Inons accpanying thfonn.k~ s(ß - "7Jú:Ítúb tZuwrak, l)/A n erPrte Name -TitlePart 11- Contrbuton DisclosureDisclosme reuient: Puuat to NJ.S.A 19:44A..20.26 ths disclosu mus include all rertlepolitica contrbutons (more than $300 ~ election cycle) over the 12 month pror to submssion to thecommttees of the govert entities listd on the form prvided by the loc unt.o Chek here if disclos is prvided in electrnic 'Con.Contbut Name Recipient Name Da Dolar Amount$t-'~l( I ß N. '.. A .. I .J I . iII PI',...o Chek. h~ if the inomiaton is continue on suset page(s)

~""tili3lìl~.liO$TATI!OF NO'JERSEYDM0l¡'Olcr=CoM\i41l6 EqEIl~~, i:QJØ '"'ØiJON UpORFar~on ~Iri~ tl' fo.90 to htiI/\W.,..e,"¡""-ryQqrot~lanæpi/"'l(llns,pdfI,EI, fl.OIltXsl't~1,'I~ J& - J'l6..~(nIlWO'II '?,': +ri(h #eul'h rSEC ~ -COMPANV iof~TI, L 'I!11(11' iioo J, lOTAL NIl EÌlinHEOOIIftjUWG 0 i, SERI' 1:1 J,~ CO.!ANl' ','"Jl'uall lj5.onr, ,s;qr.rl/lt~tt ei~llb V AI'~(n'If.ui:n.U£!QQ~'lOO~l,~~SòíiÅ"rEJ ~stanC!ffAJ1'm;¡ll~mc:.:çi- ",ni-~, =- ~t.-mMLre"if~'l'kO\'llii ' 0 WLi~~u.'~ ~!F~,m~æ,;;'R rom M ~!IO!esTMllS!i ii./ L: ',nUT.v. l-OfÐl,I'YW'ATlX__BlWll!mNAw.umHoIlMci" I' Iff P!8IMfwMtCO . _, '. em ,CO..I.'1. ST"- , 2., Ct, "o1..QiI DA~~rttAMmiiAJJ",:5f B-fM OlNrlMTA,II. iio;..ia ""po"ii~u.~ roo.lf;Aviou,' _ ..~....._...;"......,,, __u.';,=-~""~._._:~~..~..io~iò",,,:~,\,,,,;¡,',IIJ~,,~'i.1,A',IlII"";-' w._~'Hl"' Nt+l.++4+....!o.. ..'....'!.~.i M~~U.....l~.'!~ ~~i;ic4U.t Ill"J H",'l'~' ,A5I~.N "IN, ..i:0I"" ( , I..,-""~,~,\!i1YQl~= -imr.- :;J\AN ~.,a-i,~1!!lOO~I!eH!od--Ub%,I\dl..Ri....,,....., r..~"~lI-I l f'''~ ,"."rt. . . . - . .: '." . '." .iiicl1kl~!I1 iibe'Rl Inte,~ftl!luii~..iqrluoIIi~ IKlW.if"'5'ii~ lJ,u,roll~(EoiEi'IlICOOr 'N. !ErBarAl i~, '~...~,~-ls'nIS'iJ fm 'l:tirirlMii~'l'0,1' \ll',s. OU;.,"'''1l oJ. 00¡¡r,) ,iur ~lI.1'. DAl"to I;'UWu.n;1O1Ir","-'~:i,l!SKC-~I~II~~T!GACQ.iN~HmuhV",.el~CLi MOI"YI'"EUI dJ iiri 12 "7'I

CITY OF JERSEY CITYRESOLUTION:VENDOR:RESPONDENT'S CHECKLISTItemA. Non-Collusion Afdavit properly notaridB. Public Disclosure StatementC. Mandatory Afrmative Action LanguageD. Americans with Disabilities ActE. Afrmative Action Compliance NoticeF. MWBE Questionnaire (2 copies)G. Form AA302 - Employee Inormation ReportH. Business Registrtion Certifcatei. Original signature( s) on all requied form.

-HAND 'DELIVERY REQUEST¡r....r-i....FROM: JERSEY CITY POLICE DEPARTMENTDATE: 10/09/09FISCAL BUREAU-DELIVERY TO: JEANA ABUAN....-DEPARTMENT / DIVISION: EEO / AA OFFICER-,~. .ADDRESS: 280 GROY~ ST CITY HALL RM1 03 JERSEY CITY, NJ 07302,- //()~, I,RECEIVED ß-: ~ QAa. ht tA HAVE A GREAT DAY¡..r-I..ji..-i:..PLEASE RETURN SIGNED FORM TO : DÉANNA LUDWIG FISCAL DEPT 8 ERIE ST;""'"i. ,~. \l '-!~."~fI.ii.i~¡

Resolution of the City of Jersey City, N.J.City Clerk File No. Res. 09-904Agenda No.10.Z.7Approved: OCT 2 8 2009TITLE:RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMWITH THE LAW FIRM OF NOWELL, AMOROSO, KLEIN & BIERMAN TOREPRESENT JOSEPH FRANK IN THE MATTER ENTITLED NICOLEDAWSON V. JOSEPH FRANKWHEREAS, a complaint was fied in Superior Court of New Jersey against JosephFrank, Chief Animal Control Officer alleging defamation, malicious prosecution, abuseof process and tortuous interference with business relations; andWHEREAS, it was necessary to engage outside counsel to represent Joseph Fran in thismatter; andWHEREAS, the case has been successfully tried to conclusion and the court dismissedthe complaint at the close of Plaintif's case. However, plaintiff has filed an appeal in theAppellate Division; andWHEREAS, special counsel agrees to provide these services at an hourly rate of $125.00per hour, includig expenses, for a total amount not to exceed $10,000; andWHEREAS, N.r.S.A. 19:44A-20.4 et seq. (the "Pay-to-Play Law") took effect on January1,2006; andWHEREAS, in March 2009, the City publicly advertised a Request for Qualification(RFQ) using the "fair and open process" as described under the Pay-to-Play Law; andWHEREAS, Nowell, Amoroso, Klein & Bierman submitted a Qualification Statement inresponse to the City's RFQ; andWHEREAS, this contract award is made in accordance with the "fair and open process"of the Pay-to-Play Law; andWHEREAS, the law firm of Nowell, Amoroso, Klein & Bierman has completed andsubmitted a Business Entity Disclosure Certfication which certes that he has not madeany reportable contributions to the political or candidate committees listed in theBusiness Entity Disclosure Certication in the previous one year, and that the contractwil prohibit Nowell, Amoroso, Klein & Bierman, LLP from makg any reportablecontributions during the term of the contract; andWHEREAS, Nowell, Amorso, Klein & Bierman, LLP has submitted a Chapter 271 PoliticalContribution Disclosure Certication at least 10 days prior to the award of this contract;andWHEREAS, Nowell, Amoroso, Klein & Bierman has submitted its Certication ofCompliance with the City's Contractor Pay-to-Play Reform Ordiance 08-128 adoptedon September 3, 2008; andWHEREAS, funds are available for the cost of these servces in Account No.: 10-14-298-56-000-856.lh2009118

City Clerk File No. Res. 09-904Agenda No.lO.Z.7Approved: OCT 2 8 2009TITLE:00 ' ~~l)ORA"rp "'~RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENTWITH THE LAW FIRM OF NOWELL, AMOROSO, KLEIN & BIERMAN TOREPRESENT JOSEPH FRANK IN THE MATTER ENTITLED NICOLEDAWSON V. JOSEPH FRANKNOW, THEREFORE, BE IT RESOLVED by the Muncipal Council of the City of JerseyCity that:1. An agreement is awarded to Nowell, Amorso, Klein & Bierman to representJoseph Frank in the matter of Nicole Dawson v. City of Tersey City, et aL for a totalamount of $10,000, including expenses. ''1'7~ -2. Tls contract shall be subject to the 'condition that the vendor provides3. The Mayor or Business Adminstrator is hereby authorized to execute' an~ II satisfactory evidence of compliance with the Affirmative Action Amendments to the. d Law Against Discrimination, N.I.5.A. 10:5-31 gt ~agreement in substantially the form attached subject to such modiñcation as theCorporation Counsel deems appropriate or necessary.4. A copy of this resolution wil be published in a newspaper of general circulationin the City of Jersey City as required by law within (10) days of the adoption of theresolution.I hereby certify that fuds are available in Account No. No. 10-14-298-56-000-856.~"ange,==~,APPROVED AS TO LEGAL FORMCertification Required DNot RequiredCorporation CounselRECOI\D OF COUNCIL VOTE ON FiNAL PASSAGECOUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOTtOLANO / GAUGHAN BRENNAN DONNELLY (" FULOP FLOOD _ /LOPEZ (' RICHARDSON / VEGA i/,,/ Indicates Vote N.V.-Not Voting (Abstain)"-¿K i- Kj/ - CI ePeter M. Brennan. ,President of Council RotiCity cir~ at a meeting ~unicipai Council of the City of Jersey City N.J. ,d '

AGREEMENTThis Agreement dated the day of , 2009 between theScope of AgreementSpecial Counsel is hereby retained to perform legal services and represent Joseph Frankin the appeal of Nicole Dawson v. IosephFrank, for the period ofJuly 1,2009 through June 30, 2010.Affidavit of ServicesSpecial Counsel shall submit a monthly affidavit of services to the Corporation CounseL.The affidavit shall specify in detail the services rendered and the time spent on those services.ConsiderationA. For the above services, Special Counsel shall be compensated at the rate of$125.00 per hour, including expenses. The total amount of this agreement shall not exceed$10,000.B. The Special Counsel shall provide a monthly statement for services rendered.The Special Counsel shall submit to the City adminstration no later than the tenth day of eachmonth an affidavit of services specifying the total number of hours worked/performed duringthe preceding month.C. Special Counsel shall report to the Corporation Counsel when he or she has

iled 70% of total contract amount. Special Counsel shall not be paid for services unless priorapproval by the Corporation Counsel once Special Counsel reaches the 100% threshold.D. The Corporation Counsel reserves the right to terminate this agreement at anytime for any reason whatsoever. Upon termination, Special Counsel shall be paid for servicesrendered up tothe date of termination. Thereafter, this agreement shall be null and void withno further rights or obligations emanating therefrom.E. This agreement shall not become effective and Special Counsel shall provide noservices under this agreement until he or she has executed the following documents:(1) Minority/Woman Business Enterprise Questionnaire;(2) Procurement and Service Contracts, Language" A";(3) Mandatory Business Registration.Biling Practices and Other Guidelines ProceduresDisbursements should be charged only on the basis of the actual direct out-of-pocket costto the Special Counsel and biled with sufficient detail to permit assessment of their compliancewith the following guidelines: (I) in the case of photocopying, the per page charge not to exceedfifteen cents ($.15) per page; (ii) in the case of facsimile transmittal, the per page charge not toexceed one dollar and fifty cents ($1.50) per page; and (iii) charges for mileage and ,parking shallnot be charged to the City.The City expects that the Special Counsel wil need to obtain the services of third-partiessuch as court reporters, investigators, consultants, experts, title companies, appraisers, messengerservices, etc., in order to carry out their assignents and wil contract with those service providersupon the approval of the City. With the exception of the court reporters, Special Counsel shall

notify the City of their engagement of all third-party service providers and obtain authorization forthose services from the City. The Special Counsel wil pay all third-party service providers directlyand wil bil the City for those services detailed disbursements included in monthly invoices. ThisCity wil not accept separate invoices from service providers directly to the City for payment.If the Special Counsel receives discounts from messenger services, title agencies,investigators or other categories of service provider, those discounts must be passed on tot he Cityand noted on each in voice.The City does not agree to pay for the following disbursements unless specifically approvedin advance for any specific matter by the City.· word processing;· secretaries' overtime, proofreading, placing or organizing documents in files;· meals;· first class air or rail travel, chauffeur driven limousines;· hotel accommodations; and· charges for use of conference rooms or office space.Should the services of one or more other persons with Special Counsel's firm be deemednecessary and approved, the City expects that an appropriate number of attorneys and paralegalsat all practice levels wil be available for assignent to its matters so that matters can be handledin the most efficient manner possible. Further, the City expects that tasks wil be performed by theappropriate level attorney (partner or associates) or paralegaL. If the Special Counsel decides tostaff tasks such as document indexing or preparing deposition summaries with associates ratherthan paralegals without the City's prior permission, the City agrees to pay only at the rate for

paralegals.The City reserves the right to discuss with its outside counsel and approve the particularattorneys who wil be assigned to work on each matter. The City also reserves the right to requestthe removal of any attorney from the City's assignments for any reason.The City does not agree to pay for excessive in-office consultants between attorneys orattorneys and paralegals, or for administrative meetings with associates and paralegals.The City does riot agree to pay for time spent educating lawyers as a result of the transferor work between attorneys within the law firm unless approved by the City in advance. Acomplete ~r substantially complete transfer of work from an attorney having significantresponsibility on a matter to another attorney or attorneys must be approved by the City.The City does not agree to pay for more than one attorney's attendance at meetings,depositions, conferences or hearings unless the City authorizes such attendance in advance.AssignmentThe services under this contract shall be performed exclusively by Special Counsel not byany other member of his firm. Special Counsel may assign work under this contract-to anotherperson withi the firm only with the approval of the Corporation CounseL.New Jersey Business Registration Requirements,The contractor shall provide written notice to its subcontractors of the responsibilty tosubmit proof of business registration to the contractor.Before final payment on the contract is made by the contracting agency, the contractor shallsubmit an accurate list and the proof of business registration of. each subcontractor or supplier usedin the fulfilment of the contract, or shall attest that no subcontractors were used.

For the term of the contract, the contractor and each of its affliates and a subcontractor andSpecial ProvisionsThe City reserves the right to terminate the within Agreement at any time for any reasonwhatsoever, in which event the Special Counsel shall be paid for services due up to the date oftermination. Thereafter, this Agreement shall be considered null and void with no furtherrights or obligations emanating therefrom. Unless sooner terminated or renewed thsagreement shall end onIN WITNESS WHEREOF, the parties hereto have set their hands and seal or causedthese presents to be signed by their proper corporate officers and their proper corporate sealhereto affixed the day, month and year above written.Affirmative Action Plan

(A) If the contract exceeds $9,200, it shall also be subject to the Affrmative Actionamendments to the "Law Against Discrimination", N.I.S.A. 10:5-31 et seq.(B) This contract shall not become effective and special counsel shall provide noservices under this contract until he or she has executed the followingdocuments:1. A supplemental Affirmative Action agreement pursuant to N.IS.A. 10:5-21 et seq.2. An Affirmative Action Employee Information Report (form AA-302) (forcontracts which exceeds $9,200).These documents may be obtained from the department responsible for theadministration of this contract. All of the terms and conditions are made part of this contract.Attest:City of Jersey CityRobert ByrneCity ClerkBrian O'ReilyBusiness AdministratorWITNESS:Nowell, Amoroso, Klein & Bierman

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.~r _¿r ~vv~ ~L. ~O L tJ.L -::'l (-::L.jtJ16/21/2e69 12: 28 i€113438040ie/Ði/2Ð~9 11 :qi2IH-5i:7-523eiLAW DEPTPAGE 15/27NAK8PAGE 15/27LAW DEPTF'llGE 14/,2ei. .,..... .~..--,......--.., .-._l___..,....___..,"I.i'I..ii. ......-..-.APBNJX.lAMCAN wra DISA9tL AC' OF' 199Equal o, taøl~ for Jndivii wlt .DlAbfUtyn._I...,../ll_ _of .~_.'do..by._""1l. f'oi..otTf U otll~ Wii DiSOblA'" oFl9lO OL '!A') ("2 Il ßI21 01..1O.~ ""õo ..- iIll. lO "' i-ò ofdi...'I by pubJIo../j In al....-."" aci J' .. mad. ..ie by ""li ..ii ." th "''' oi "'.. ..I¡- ""-. ..mill... ot1tls_I.JlIl li be~ "'''le onllotlhuwrpllJ10 il caCf Ih OÖtJacr~ tb rf ~~ shl be in 8'ei ooplian \Vih Aa1'li -ii rJc "" i., _. ..... eil"Y at ~ Yioor "'oI,... b"'l'lailMtdo&ll__oritû""Il"._aIiUc! "';"..1C ...diim _1l'-'-_..I//sAc Th.....1 ""!(.pnai""L....Il..~ ¡II -.... ao Cllo_ia ....",~i...i ia -....- .r.._lOar._ut..of..c&.......of..1l&O l'.. ne ~ sii..li.. -. -. do '" pi ll ii ~c:.$Iic ......d"".""ai.... at_ orlifi OUii .rldlo""'g.. .. ;".-.. l/l'. In Íl ""all_i. br.ghi.. to il ""... ~~ure If ~r .te41 to abfd by lO ck.sfoÐ oflh owr whic: il mter pian to,hfdJlev pi~ 1£ ~ .~II or~iø prf"'Ð lÐ1n.., na Ofdt1l ~st lbow. or iftJeO\ 1~:I Mpcnse" qi a vfllt of1he AD whic .. bc ~&k ~toO ifl ør 1'ii th eønlncl sfn tmiqy ao' di~ tf ~i at i' ow elsi,'J ovl! ih', as SOIt IS pifOible de. darn hi be Ma qast it Pit 'l ~~tod: l:bot do wi fil an oole I*Clm of ihe c1'm. II an aotbi or adisrc~ I~ bf -- "'O._or"''' .fi, ._ .........d.""'-.. ....r i1èXiUovsl ~ or lsio fòad to the 00 ~ demd, CO1ant, QOtçe SUOI.preaÛl orotbe prce ~~ by &b OWr or it ~rYe. ,IJ I~ ~ .. II Ib If''' _Il by rJ _or of 1I ,..ic ""_ by li .' cotrctr ~ ir th c: 'NUf no JOlev. thto offf ob1ìll fi 6'Jr1V, tJe Acaud 10 cla. rnd81. Plle an sa~ lii-,1b OWr.pfm to iJ" P&t'iih.It J..8lIoi uiol t!.. _no øbjpl to ii or ..lifl.~. iI --.. ...... '".. ro"'çlo wJ.ni _ GI of_~ ofll Aii1' di - oq "ci ..... ir IJ~ OfUi ~OICd ela. .galJ in DO''W Jim;i the ooDtct'a obligtfOf __cd in tlla.~ aot s. !! ~ ~ 10 relie lh co tm ai Jf.~ift, Dor isrooltide ti Mlør&om 1allnoter aeriIJ9 avaJbimto itbnd'ai ote:JIiliionoffh ~ or o6:øe .'aw.l.=, ~~N...m~!1~t~irß:;rl ::tf..eotc.ll~J-. "-_ _ : _p¡r . . .Td.No.:_,9-'-3~ .' Da1Ix-Oe.~V c?; 00,

ie/21/2009 12: 28 201343sei4010/81/2089 11;41 2Øl-547-5231i4V.L .."' r ..L~tJ LAW Vt.t- I PAGE 15/27NCiKBLAW DEPTPAGE 16/27PAGE 15/24EXHBITA~ATO~W ~QUAi. EM~LQYMENT OPPORTUNl UNGUAG£N.J.S-A. io;s..i et Scq.. N.J.A.C'. 1'1;27OODS. PROfESSION SEitCBS AND GENERAL SERVICB CONTCTSDuring the i1crfoonanoo ofthis CQntct, the conrractr ..gres as fof.oWG: 'The COfttrc.tor or ¡iibccntrt:r., whe~ applii:blc;, wiln()t.djscrimllTa~ Siii;niit any employee or applIcant fu ,emploYferit baause of age. rar: criicd, color, riatlonaJ orIgIn, iice,tr, miait.lllsttuB, attiionitl or scxuølorien,tson, gender identity ot expression, disabilty, nationality or sex. Except wrt respeci to atkctioriaJ 01' sexualodentiulon and sefid., identity or ezxpflUs.on, the conLrClQr will ensUr th.t. equal empIOYlMt opotttt)l ~úlurded to such applicats In non.ltrent an employment, Rl\d tlt ~mployee~ ar~ tra.te diiringelnploymeJlwitOuf reQ: tothei.r age, l'U, creed, color. nltions! origin. aiieci~l', marinl st8l1s. affectional or llfllJoiorientation. geder Idcmtít: qr eires~i01\1 di.o.bilty, natlooility or i;K. Such equal employment oppommity shnU'll\Jude, but not IImit~ to the following: "m,pIQyment, uPBreding, demotion, or triisfer re~orroroitm., , ,advertii:i Iiiyoffor tennlnatlon: i:tcll ofpeyor other forms Qfwmpcn$l1tÌon¡ and selcçtion for trlfini.ng. includingaptK:l!sli.\p. The conttlctor ~lncs to POo1t in ODlSP;QUOUS p'a~, ayailabl1; to c:mploYfes and applica fbemploymeJlt, nctlceii tQ be pT'vided ßy ibe Public Agency Compliance Offcer /.etlog forh provi SIOti of thisnond,isorjmjnation claUte,TIie oo,nttto Or SlbcnttctClr. wh4te applicable wlU, In, all :iolicitatfom ~r icl~ertiserelltt rOt eroplOYQe9pla~ by or Oll behalf ofthe eontrctør. state that alt qualified,appUcint! wil ,receive ooiirdel1tion fot employmentwithout regar to age, tact, tred, Color. national orliiin, aocesll)'!maritfl litatuS. afcetLonl or ~cxlort"n~non. geder ',den~¡iy or exprssl.on, dis~biIit, n.tionllit; or sex_The c;onaer or subentMè~orl where appllø.lc, wil se: to each labor imion or repremtatlve or worktt.swlt whioh il has a çoUeetve barginfng sgremeilt or otbør eOlltrli:( or understading, i notice, to be prvided by,t1e aseçy CQntracting Qffç~r iidvlsing tliCl labor union or wor~rs' rcpre6Cntati'Ve Qfthe contractor's commitmentsundEr this ac and sh.1J postcoptes ofth~ nQtioe in c:n"'pic~tous place aviulabJo f. emloyees and applieanf. fortaip loymcl1t. . ,T.he oontl1otor or SJbcåar whete applicable, ag-ees to comply with .en~ relUJatioo9 prom\llgated by 1IltAm:c:icat1$ with DisahlJtles ACT., .Treuvrar pursuant to ~.J.s.A.I0;s-3i et l'eg. as amcrded and impplemtnted from time tQ time: lind theThe çontretor or lluboontttor apea lQ (t,iJlçe aod fllth effrtS' 10 af eaUllJ. employlM oppomciic to' ininori~Md 'women WOker eClftsiGt with Òôet faith i:m,rt to .ret tv¡ecf couuty employment goals .. cstbli5bcdin Ac:ord~ w¡tl, N.JAC.l'ë1?:§,2. Of Ood ßaitheffrt to meet tard Counly empJaymerit'goaJ' detnnincd by tlo DM.sian. pursll to N.J.A,Ç. 17,:27..5.2. .

- -i~/~i/~~e9 12: 26H1/0112Ø(!9 11 = dlZ013438flc:m2Bl-647-523ßLAW LJI:t-lNl'KBLAW DËPTPAGE 17/27PAGE 17/27FAGE 16/2Q,EXHIBIT A (Coni)'the CQt)tletr Or :'ubcontract01 8,gtes to liif'orr in "riti'lg it tiPp"4pria'i rearuii:ent A&ericie~ inc:luding, but natIimitcdt'o, emploYM.C!nt ageriehio. pl~merlt: bureaus, GoUoge" lInivcl'itics, labr lIni()n. tht It does i'otdisClriiniiæ on th~ basisof; ~ø, oreiid, color, national Qrigil)) Qnlöestr, marital sttu!", i.ectlond Or leual orientation,sender identity or expMlJ!lion, disabllt)/, nationality or sex, and tha,t it wil dl.9O"t,inue'tho Usc of aoyr(!cruitment agncy Which engages in diret 0' indirect diiii:ririnatory prMllces.decÌSioIl8. .Tho (lootrsctor 01' fUf:conh'aetcir _¡rua to nwise ivy of ft, testiiig procedLlS, rf neCe!8ar~ to lSGllt' tbaUllpermnaJ testing conforms witt the P1lncipJes of job-mlated telng, as 'stblished by the statue, and COUrt clc.cisions of'th Sta~ ~('Nell Jersey Itd As eSUlblished by applicable Fcd~1 law and .lpplieabJe Federal cO'urIn COnforming Wlfh the Iajetec employment fSalsj the c:onrrctor or suooontraaor Q.~ to review aU prdu~iiaJAting to'traniifør, upgrdJliS, downgrl.dlnS IId laY0frto ensure that eU such IICti01l5 are iaki:1' without regard to~gci cred. oolor, national origin. 8iOOSltY. marital !ililtus, affeetionaJ or 9cxiial orientation, gende: ~tit or ,expC'iisici, disability, na:Îonlllity Qr sex) oonsistent wltJ the sttutes 'lld, coun docísions Cl ftle Sf.te of N£w JlIfO\ey,and appJicable Fedet law Bnd appJlCAble Federal eourt decision&;The Còntrneto shill !lu,bmit to the pu,btic .ne, aft tlotlfication of awar bi. pnor to ~i:uton of to aods ansorvlees c.t, one: ofthc tbllow;r12.tJreedoclirrents: .r..Mr OfPederl Affl'tlve Action Plan ApprOVQICeni6gle of Employee Infornlton ReportEmployee Informa,tion R~pon Fonn AAJ02The ÇQritracfor and its :subcontractor shalllùmfsh ~lKh reports or other doeumcmii to the Dlvbioti ofContracts Equal Employmènt Uppl1nity Compliance as may be lCquestoc! by the DivIsIon ~m time PublIc me time in(lrtr to Clrr out the pUrpscs ofthese relations. and public: agctic:ies 81\&11 furnIsh ,ilUoh ¡"f~aiion as may bereue*d by the Oivl.sion of PubUo ConlTacts ~uia Employm,llIt Opportunity Compliance for cOßduoting oicompliance investigation puruant to Sgb$liamyr JQ gftlie Mm1nirtrtmi Code "i N.,tA.ç 17:21with:,., . ' ,EXlfiITAN.,.S.A. 10:5-1 iind N.J.A.C. ." 7:27 ,MANDATÐRY EQUAL EMWLOYMENT OPPORTUNI lANGUAGEaC'ods, Prntqiional Servlecs and GeiiU'al Servh:e ContraetThe Qndc~ll~d vendor tiirti.6e on their eompallY'19 receipt, k"o'lllllge and tQbUiiirm,ent' to eomplf(Ml'ndatory A1Tuiat'ie Action Laniqa.gc)The Qnde~od voødor ~bcr agrees t(J fumish fb reuired forms or e1ridehce and undel'tandstlaat their ciØ"tr.cffcOl'p.ny's bld!haU be reJected ~$ non~rcPQn5jve If '-'d conmetor rail, tocomply ",tb fhe rtiii~mcnt, ot. N.J.s.A. 10:S~3J illld N.J.A.C. 17:27.ReprClent~tf('8 NlineJll:le (Pri"t): 'bK. c. 0~ (I

1~/21/2eÐ9 12: 28 20134~B04Ø. .lÐl61/2aa9 ii:qi 2Ðl-547-523ßIt to. ..... . ....... ... I . . ........ ". '''11', . . . " 1.'...,._... '. .. ...............'8..L",.vv U'L.. INAK8LAW DEPTPAGE 22/27PAGE 22127PAGE 21/24...."........~.I".._~... ''''111''1''. ,t.~.. l..~.~'4... _"...."'..... .1. II. I.'. ......\..."" ..................M'ltIW__ .8tiU" .tpr~ (ME) .Q1tfre lo mel.. ,i.. ~0ri- Q., Ola-i ala..øg ~ ofllcll8 _ ofllçfpr~ to minorCy aDd ~ ow bu enesT~ -llli ll - ....tofll ac pl_ iuoa bew ..ec"'UIeob...lo Al a ii"l "" 1D_ .. bi..OI -Il _ ..~ bid pr.BUS N'im : '-AddT~No.:Cotl N_e :Jiov.l/ /h5Q 14?i~ P.~eVe Plìlìt1y Mitt1 'fctS;;ÑèOl0d\~\ 3~3 Çb \ ..Dev CC C . NúWtllPl ch aplicable 0-aor ;- Mi Ow Bu (M -~&Womll~- WOI ~ busmcsii (WB)Ddmo.~SS.-N~Mllo_1I.ro.. ~. ,.~ii""_...Ii__"'...~~.._....'"'at..lll..... -lI_1t lo "" "'...1\ A" ii _ "" Aihdft or AJII nive cW .. lWAfd Anierle&: - per lm ~.I ØI Orff bJq r.efJ ~ of "MàØI.. ... oCM.._ RI,,...._ ""..,,_,,,oI..~çu or èr,._ otra. ,Ãla.: II pe Ia orsillt I! oftbt Otøl ~ottl F. Pa ~ Ee "si In~ If OIlbhd. ""do. ,AlI-* i'. or AJ... ~ 6.-., ltrin, Gt I. II urib or peplei otor 'AmcS=- ii · tu catu31 ~QlOt ~ In'b d1Mkl ør Ct ftltid.w.. .,.. BlrpJ'at......_..-.... -- ~---."'1O II. ""Jl_oa_ ..-.. ..""..""kISlli . .OJæ 011 EQAL 0PRT co

IfJ/Zl126fl9 12: 28rL7.01343804ØNAKBiuPAGE 26127CertIfication a 1.2 64CERTIF'CATE OF EMPLOV!E INFORMAT'ON REPORTThIs is to Cgrt1f), that t¡'s ccntraolOT liõte(J'blilcI¡ h21S Submited an Er.Ployee In~crmation r;eport pursuantto N.JAC, li:27-i.i, 01 seq, and,'\he S,a1e TrGaSClrer /'as approV!lCl.said report This apprOval will remain:neffect tOrtl'e period of iS-II-2,Oll;:' ri:S"'1.1"-:1010NO AMOaOSO KL:r.i R~, p ..t,1 S S POLr~~r RQAitCX&'Ac Ri1 07.e01ì-1Sta~'3 ìreas ur8r'l~,e~' , ~LUI 4: (

10/21/2009 12: 282013c:3SEl40NAKBrHUl: L'l L'PAGE 27/27STAn OF NEW JERSEYBUSINESS RSC:ISTRATION CERTIFICATEE:: ,-"~.). :::. ._".',:.0.;... . " e~CE::NWM6ER; ...- .. , ',' ,.~'-,"' _. . JS.stAICED~T.: , .~~ , "'~'_. , , " '" .~, '.)i~:iJ&jf. ,,', ...,. ~.f,~:f.it. ,_ ;~, ,:OB~a~o., ff" :: ~~ I ", , ",. ,- =:- ::: -::'. ¡, ~;" '~." ,"". '0._. ._...' .'- ': _..~.. . - f ;.'.__ :-2 -_.'" " .~.", , .- ':~n 'Di;'aor . . ~ 7 :, _':.' '-:.':: T".. ~ri'irie!"'i~ MOT .."g¡ïllb~,,,rlln.re~atil '. It lIll,bt eo~ic:¡iiítl d is¡;låyØ,,,, 4bi ~llr~ii~.

Resolution of the City of Jersey City, N.J.City Clerk File No.Agenda No.Approved:Res. 09-905lO.l.BOCT 2 8 2009TITLE:RESOLUTION AUTHORIZING THE AWARD OF ACONTRACT TO OFFICIAL PAYMENTS, INC., FOR CREDITCAR AND ELECTRONIC PAYMENTS PROCESSINGCOUNCILOFFERED AND MOVED ADOPTION OF THEFOLLOWING RESOLUTION:WHREAS, the Tax Collector has the need to accept propert ta payments viacredit cards and other electronic means; andWHREAS, N.J.S.A. 40A:1l-4.1G) authorizes the City to use competitivecontracting to award contracts for concessions; andWHEREAS, the City Council approved resolution 09-655 on August 12, 2009,authorizing the use of competitive contracting for this purose; andVv'HREAS, the City advertised for bids pursuant to the Competitive ContractingLaw, N.J.S.A. 40A:11-4.1, and received proposals from Offcial Payments, Inc andRenaissance Associates; andWHREAS, Renaissance Associates did not include the mandated BusinessRegistration Certificate with its proposal and was therefore disqualified; andD.lt\' ~'iliy.v\\lfREAS, a commttee appointed by the Business Administrator, has reviewedthe proposal from Offcial Payments, Inc and prepared a report attached hereto,recommending that the contract be awarded to Offcial Payments, Inc ; andWHEREAS, the proposal submitted.by Offcial Payments, Inc will be fuded byconvenience fees and will be at no cost to the City; andVv1fREAS, the, City Purchasing Agent has certified that he considers saidproposal to be fair and reasonable; andNOW, THEREFORE, BE IT RESOLVED, by the Municipal Council ofCity of Jersey City that:the1) Pursuant to N.J.S.A. 40A: 11-4.1 ~~., a contract to provide credit card andelectronic payments processing be awarded to Offcial Payments, Inc.;2) Subject to such modification as deemed necessar or appropriate byCorporation Counel, the Mayor or Business Adrninistrator is authonzed toexecute an ageement prepared by the Purchasing Agent based on the termsand conditions of the City's Request for Proposals document;

Continuation of Resolution, City Clerk File No. Res. 09-905, Agenda No. W.Z.8 OCT 2 8 2009Pg.#2T1TLE:RESOLUTION AUTHORIZING THE AWAR OF A CONTRACT TOOFFICIAL PAYMENTS, INC. FOR CREDIT CAR AND ELECTRONICPAYMENTS PROCESSING3) Notice of this action shall be published in a newspaper of general circulationwithn the municipality withi ten days of this award;4) The resolution authorizing the award ofthis contract and the contract itselfshall be available for public inspection;i&'/i~~?5) This Agreement shall be subject to the condition that Offcial Payments,'Inca,' If provide satisfactory evidence of compliance with the Affirmative Actionl) r j Amendments to the Law Against Discrimination, NJ.S.A. 1 O:5-31 ~ ~APPROVED:APPROVED:~'7Corporation CounselCertification Required DNot RequiredD, ,APPROVED ,9,~0RECORD OF COUNCIL VOTE ON FINAL PASSAGE 10/28/U9COUNCILPER$ON AYE NAY N.V. COUNCILPERSON AYE NAY N.V, COUNCILPERSON, AYE NAY N.V.SOTTOLANO ./ GAUGHANI BRENNAN/DONNELLY / FULOP ./ FLOODILOPEZ ,/ RICHARDSON ,/ VEGA r/./ Indicates Vote N.Y. . Not V oting . ( Abstain, ~, i a meting of EnidPal Coundl Of, tie Cil of Jersy Clty N.J () ~V¿t,!- " ir-Peter M. Brennan. President of Council ,Robe Byre, C Clerk ,

. .". ~ . ." ..':, .'., ," " ..,STATE OF KE\V JERSEYBLSli\-ESS REGISTR;\TIOl\~ CERTIFICATET axpayer ~- arne:nER ITCf-:"OLOGIIS, IXCTrade ~-ame:Address:1'1"80 PARKRIDGE BL \ 'D SIT -iOORIST01\, \'A 20191Certificate:\ umber: 0095998EffecriYe Date: September OS, 2005Date of Issuance: O..tober 13, 2009For Office Cse Only:20091013163926313**Official Payments Corp. is a wholly owned subsidiary of Tier Technologies, Inc.

Fonn AA302Rev, 10/08STATE OF NEW JERSEYDivision of Public Contracts Equal Employnent Opportunity ComplianceEMPLOYEE INFORMATION REPORT,IMPORTANT. READ INSTRUCTIONS ON BACK OF FORM CAREFULLY BEFORECOMPLEnNG FORM. TYPE OR PRINT IN SHARP BALLPOINT PEN.FAlLURETO PROPERLY COMPLETE THE ENTIRE FORM AND SUBMIT THE REQUIRED 5150.00 NON-REFUNDABLE FEE MAY DELAY ISSUANCE OF YOUR CERTIFICATE.DO NOT SUBMIT EED-i REPORT FOR SECTION B,ITEM 11. For Instructions on completin9 the Form, go to: www..tate.nJ.u.ltreasu~/contract_compliance/pdflaa302in..pdfSECTION A. COMPANY IDENTIFICATIONi. FlO, KO, OR SOCIAL SECURITY 2, TYPE OF BUSINESS), TOTAL NO~ EMPLOYEES N THE EKTIRE01. MFG i; 2, SERVICE 0 3_ WHOLESALECOMPANY52-2190781 o 4, RETAIL 05_ OniR1994, COMPANY NAMEOffCial Payments Corporation5, STREET CITY10780 Parkridge Blvd. #400 Reston6, NAME OF PARNT OR AFFILIATED COMPANY (IF NONE. SO INDICATE)TIer Technologies7, CHECK ONE: IS THE COMPANY:o SINGLE-EST ABLISHMEKT EMPLOYERCOUNTYFairfaxCITYsame8, IF MVLTI-E TABLlSHiIENT E~IPLOYER STATE THE NUMBER OF ESTAlll.SHMENTS IN J9, TOTAL NUMBER OF EMPLOYEES AT ESTABLISHMENT WHICH HAS BEEN AWARDED THE CONTRACT10 PHIlLlC AGENCY ,~WARJ)ING CONTRACTCITYCOUNTYSTATE ZIP CODEVA 20191STATE zip10 ICODEii MULTI-ESTABLlSI'¡IENT EMPLOYERSTATEZU'CODEOffcial Use Onl DATE RECEIVED NAUG,DATE AS I NED CERTIFICA no:' NU\fß.RSECTION B - EMPLOYMENT DATA11. Report all pcnnanenl, tempoliuy and pan-time employees ON YOUR OWN PAYROLL. Enter the appropriate figures on all lines and in all columns. Where there areno employees in a panic:ular category, enier a zero. Include ALL emplorees. not just those in iniiiority/non-minorit)' caiegories, in columns 1,2, & 3. DONOTSUBMfTAN EEO-' REPORT.LL EMPLOYEES -JOB COL_I COL 2 COL,) ."'''....... MALE..,................."'....... .................FEMA ................."."'''.......CATEGORIES TOTAL MALE FEMALE AMER, NON ,\MER- NON(Col.,2 &3) BLACK HISPANIC INDlA~ ASIAN MIN_ ßLACK HISPANIC INDIAN ASIA;- MINOffcialsl Managers 63 39 24 0 1 0 4 34 1 0 0 7 16Professionals 125 55 70 4 6 0 11 34 lß 11 0 7 34Technicians 1 1 0 0 0 0 0 1 0 0 0 0 0Sales Workers 7 3 0 0 0 0 4 1 0 0 0 2Orrce & Clerical 3 2 1 1 0 0 0 1 1 0 P 0 0Craftworkers(Skiled)Operatives(Semi-.kiled)0 0 0 0 0 0 0 0 0 0 p 0 00 0 0 0 0 0 0 0 0 0 p 0 0Laborers(Un. killed)0 0 0 0 0 p 0 0 0 0 0 0 0Service Workers 0 0 0 0 0 p 0 0 0 0 0 0 0TOTAL 199 101 98 5 7 ~ 15 74 21 11 0 14 52Total employmentFrom pre.viousReport (If any)Temporary &i Part-The dala below shall NOT be included in the figures ror the appropriate categories above,Time Employees ,I12, HOW WAS INFORMATION AS TO RACE OR ETHNIC GROUP IN SECTION BOBTAINED' 14, IS THIS THE FIRST I S_ IF NO. DATE LASTo 1. Visual SurvC)' Employee InformaiionREPORT SUBMITTED~J.. Employment Record 0), O,hcr (Spcciry)Rcpon Submiued?MO_1DAY1YEAR13, DATES OF PAYROLL PERJOD USEDFrom: 10/03/200916, NA~"iE OF PERSON COMPLETING FORM (Prin' or Type) IGitaGarman17 ADDRESS NO, &. STREET CITYTo:10/16/2009SECTON C- SIGNATUREAND IDENTIFICATIONSIGNATUREi. YES !X 2NOI:'10 DAY YEARI Human TITLE Resources I DATE 10 11512009STATE ZIP CODE PI-IOKE (AREA CODE, NO,.EXTENSION)10780 Parkridge Blvd. #400 Reston Fairrax VA- 20191 571 - 382 - 1000I certify that the information on this Form is true and correct.

AFFIRMATIVE ACTION COMPLIANCE NOTICEN.J.S.A. 10:5-31 and N.J.A.C. 17:27GOODS AND SERVICES CONTRACTS(INCLUDING PROFESSIONAL SERVICES)This form is a summary of the successful bidder's requirement to comply with the requirementsof N.J.S.A. 10:5-3 i and NJ.A.C. 17:27.The successful bidder shall submit to the public agency, after notification of award but prior toexecution of this contract, one of the following three documents as forms of evidence:(a) A photocopy of a valid letteI' that the contractor is operating under aii existingFederally approved or sanctioned affirmative action program (good for one year from thedate of the letter);OR(b) A photocopy of a Certificate of Employee Information Report approval, issued inaccordance with N.J.A.C. i 7:27-4;OR(9) A photocopy of an Employee Information Report (Form AA302) provided by theDivision and distiibuted to the public agency to be completed by the contractor inaccordance with N.J.A.C. 17:27-4.The successful consultant may obtain the Affirmative Action Employee Information RepOlt(AA302) from the contracting unit during normal business hours.The successful consultant(s) must submit the copies of the AA302 Report to the Division ofContract Compliance and Equal Employment Opportunity in Public Contracts (Division). ThePublic Agency copy is submitted to the public agency, and the consultant copy is retained by theconsultan t.The undersigned consultant certifies that he/she is aware of the commitment to comply with therequirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 and agrees to furnish the required forms ofevidence.The undersigned consultant further understands that his/her bid shall be rejected as nonresponsiveif said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 andN.J.A.C. 17:27.COMPANY: Official Payments Corp.SIGNATURE: ---DATE: /t:~o 10 '!j/ 7 ;1TITLE: Executive Vice President

MINORITYfWOM.A.N BUSli\TESS ENTERPRISE (MWBE)Questionnaire for BiddersJersey City Ordinance C-829 establishes a goal of awarding 20% of the dollar amount of totalcity procurement to minority and woman owned business enterprises.To assist us in monitoring our achievement ofthis goal, please indicate below whether yourcompany is or is not a minority owned and/or woman owned business, and return this form withyour bid proposaL.Business Name: Offcial Payments Corp.Address: 10780 Parkridge Blvd., Suite 400, Reston, VA 20191Telephone No.: (571) 382- 1000Contact Name: Nina K. Vellayan, Executive Vice PresidentPlease chcck applicablc category:_ Minority OwnedMinority & Woman OwnedWomanOwned~ NeitherDefinition of Minority Business EnterpriseMinority Business Enterpiise means a business which is a sale proprietorship, panncrshiporcorporation at least 51 % of which is owned and controlled by persons who are AfricanAmerican, Hispanic, Asian American, American Indian or Alaskan native, defined as follows:African American: a person having origins in any of the black racial groups of AfricaHispanic: a person of Mexican, Puerto Rican, Central or South American or oiher non-EuropeanSpanish culture or origin regardless of race.Asian: a person having origins in any of the original peoples of the Far East, South East Asia,Indian subcontinent, Hawaii or the Pacific Islands.American Indian 01' Alaskan Native: a person having origins in any of ihc oiiginal peoples ofNorth America and who maintains cultural identification through tiibal affiliation or communityrecognition.Woman Business EntcqJliscWoman Business En(erprise means a business which is a sole proprietorship, partnership orcorporation at least 5 i % of which is owned and controlled by a woman or women.

AMERICANS WITH DISABILITIES ACT OF 1990Equal Opportunity for Individuals with Disabilty (continued)Fuitherrore, the contractor expressly understands and agrees that the provisions of thisindemnification clause shall in no way limit the contractor's obligations assumed in thisAgreement, nor shall they be construed to relieve the contractor from any liability, nor precludethe owner from taking any other actions available to it under any other provisions of theAgreement or otherwise at law.~Representative's Namerritle Print): Nina K. Vellayan, Executive Vice PresidentRepresentative's Signature:./ ..Name of Company: Offcial Paymer iTeL. No.: (571) 382-1000 Date: J n /((1 If! f

AMERICANS WITH DISABILITIES ACT OF 1990Equal Opportunity for Individuals with DisabiltyThe contractor and the Executive Vice President of Offcial Payments Corp. , (hereafter"owner") do hereby agree that the provisions of Title 11 of the Americans With DisCibilities Actof 1990 (the "ACt") (42 US.C S121 01 et seq.), which prohibits discrimination on the basis ofdisabilty by public entities in all services, programs, and activities provided or made availableby public entities, and the rules and regulations promulgated pursuant there unto, are made a partof this contract.In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, thecontractor agrees that the peiformance shall be in stiict compliance with the Act.In the event that the contractor, its agents, servants, employees, or subcontractors violate or arealleged to have violated the Act during the perfoimance of this contract, the contractor shalldefend the owner in any action or administrative proceeding commenced pursuant to this Act.The contractor shall indemnify, protect, and save harmless the owner, its agents,servants, andemployees from and against any and all suits, claims, losses, demands, or damages, of whateverkind or nature arising out of or claimed to arise out of the alleged violation.The contractor shall, at its own expense, appear, defend, and pay any and all charges for legalservices and any and all costs and other expenses arising from such action or administrativeproceeding or incurred in connection therewith. In any andall complaints brought pursuant tothe owner's grievance procedure, the contractor agrees to abide by any decision of the ownerwhich is rendered pursuant to said grievance procedure. If any action or administrativeproceeding results in an award of damages against the owner, or if the owner incurs any expenseto cure a violation of the ADA which has been brought pursuant to its grievance procedure,thecontractor shall satisfy and discharge the same at its own expense.The owner shall, as soon as practicable after a claim has been made against it, give wiitten noticethereof to the contractor along with full and complete particulars of the claim, If any action oradministrative proceeding is brought against the owner or any of its agents, servants, andemployees, the owner shall expeditiously forward or have forwarded to the contractor everydemand, complaint, notice, summons, pleading, or other process received by the owner or itsrepresentatives.It is expressly agreed and understood that any approval by the owner of the services provided bythe contractor pursuant to this contract will not relieve the contractor of the obligation to complywith the Act and to defend, indemnify, protect, and save harmless the ownerpursuant to thisparagraph.It is further agreed and understood that the owner assumes no obligation to indemnify or savehanDless the contractor, its agents, servants, employees and subcontractors for any claim whichmay arise out of their peiformance of this Agreement.

EXHIBIT AN.J.S.A., 10:5:31 and N.J.A.C. 17:27MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGEGoods, Professional Service and General Serviçés Contracts(Mandatory Affirmative Language)The undersigned vendor further agrees to furnish the required forms of evidenceand understands that their contract/company's bid shall be rejected as nonresponsiveif said contractor fails to comply with the requirements of N.J.S.A.10:5-31 and N.J.A.C. 17:27 - -Representative's Name/Title (Print)Representative's Signature:Nina K. Vellayan, Executive Vice President.rName of Company: Offcial Pay, Telephone Number: (571) 382-100030

PUBLIC DISCLOSURE INFORMATIONChapter 33 of the Public Laws of 1977 provides that no Corporation or Partnership shall beawarded any State, City, Municipal or Schools District contracts for the peiformance of anywork or the furnishing of any materials or supplies, unless prior to the receipt of the bid oraccompanying the bid of said corporation òr partnership there is submitted a public disclosureinformation statement. The statement shall set foith the names and addresses of all stockholdersin the corporation or paitnership who own ten percent (i 0%) or more of its stock of any class, orof all individual partners in the partnership who own a ten percent (10%) or greater interesttherein.STOCKHOLDERS:Name Address % ownedDiscovery Group I; LLC 191 N, Wacker Drive, Suite 1685, Chicago, IL 60606 12.89Wells Capital Management, Inc. 525. Market S1., 10th Floor, San Francisco, CA 94105 11.25()~/~~,-SIGNATURE ;,I::~ 11cL¡c:/)TITLE.EXeCUti:: ice pres~nt ./ ,:(11(1:,' ((,SUBSCRIBED AND SWORN TO ,--,BEFORE ME THIS DAY L è-k'-lJt:'.,- ;~.OF 20 G'((1(TYPE OR PRINT NAME OF AFFIANT UNDER SIGNATURE)NOTARY PUBLIC OF C ~ i-)¿'"!.ç'ù,-MY COMMISSION EXPIRES;¿~O / :-~(NOTE: THIS FORM MUST BE CQMPLETED, NOTARIZ.E.p Al\TJ RETURNEDWITH THIS PROPOSAL). (,. " ',', (', \ /' . i ' ( ~~, ,( ¿ ¡. i c~' i ,))7£/ " ""'~-" J;, "9 rÎ"L-\, ~?- -' '--J /~\\,\\\\\n\\llmli",,,III/¡III~ ~.__/ ,._~..,..~-- .C. - , .-.",.. t1 p.E.TH Cd. 'i",,~ ~. ).l ~..~,'" .......~l/ttA) ~,f ~ ...~O~E~ËA(~....(S~ \È it:' $ xpires '5.. \- ~â N: 0 06.30.12 O:;t ;~ :J: ü ID" " : 'Õ §~ il": 7206230 ./ i: f\. ........t"IAGlt-\'i.... /% ~ ............. '0 ..::~."""II'/!7ARY pù€i~",,'"IIJlltllIJIIIIIU\l\\\\\\\\

NON COLLUSION AFFIDAVITSTATE OF NEW JERSEYCITY OF JERSEY CITY ss:I certify that I am NinaK. Vellayan. Executive Vice Presidentof the firm of Official Payments Corp.the Respondent making the proposal for the above named project, and that I executed the saidproposal withfull authority so to do; that said Respondent has not, directly or indirectly enteredinto any agreement, paiticipated in any collusion, or otherwise taken any action inrestraint offree, competitive bidding in connection with the above named project; and that all statementscontained in said proposal and in this affidavit are true and correct, and made with fullknowledge that the City of Jersey City relies upon the truth of the statements contained in saidproposal and in the statements contained in this affidavit in awarding the contract for the saidproject.I further warrant that no person or selling agency has been employed to solicit or ~cure suchcontract upon an agreement or understanding for a commission, percentage, brokerage orcontingent fee, except bona fide employees or bona fide'agencies maintained by (N.J.S.A.52: 34-25)'(Signature of Respondent)established commercial or sellingSUBSCRffED AND SWORN TOBEFORE ME THIS DAY , ",).-i_J... / ."_ ie.(L'Ii_~/'-, l ((TYPE OR PRINT NAME OF AFFIANT UNDER SIGNATURE)OF20 /"-'/NOTARY PUBLIC OF i-/, IS:'.'A-1 c?_-MY COMMISSION EXPIRES:"20 ;' eX(NOTE: THIS FORM MUST BECOMPLETED, NOTARIZED AND RETURNEDWITH THIS PROPOSAL)..:~ò J';~~ ! zj", j.j',~; .",ld.:. \~'r', "\\\\\\\\\1111~i1111111,,1//1/,:S\~\\' ETHc J',....,,"..$" s .,.........~..~...... wi=..... ~ ':$" 0 ..' o~ '-/ ". "'i ~" ;:.' , ')0'. "-¥ !f.. ~~ Exprres -s, -. ~§ ::: ü iou ." : 'Õ ::~ N f 0 06-30.12 0: ~ ê~ (f '. 7';06230 .: ìJ I\. ......- "'(~GIN\I'""'" /~/ va ~ ..,....% 11 ................. 0 ...;....';"" ì.AY pù'Õ ,\,\\'Illiiill¡I/II!/II!I\I\\\\\\\\\'-, /, /. _./-J ~..)

Resolution of the City of Jersey City, N.J.City Clerk File No.Agenda No.Res. 09-906 lER.sl:BRSEY .p10.Z.9Approved: OCT 2 8 2009~¡.TITLE:RESOLUTION EXTENDING A LICENSE AGREEMENT WITH THE COUNTY OFHUSON TO ENTER ONTO THE CITY CONTROLLED PROPERTY LOCATEDAT THE INTERSECTIONS OF MILL ROAD AND WAYNE STREET; WAYNESTREET AN CORNELISON AVENUE; AN MILL ROAD AN ACADEMYSTREETWHEREAS, the City of Jersey City (City) controls the real properties which are the public rightsof way located at the intersections of Mill Road and Wayne Street, Wayne Street and Comelision, Avenue, and Mil Road and Academy Street (Propert); andWHEREAS, Resolution 09-436 approved on June 17, 2009 authorized a License Agreement withthe County of Hudson (County) to enter the Propert for the purose of installing and operating three(3) traffc signals; andWHEREAS, the License Agreement took effect August 3,2009 and expires on October 31, 2009;andWHEREAS, the County is the process of preparing a petition and franchise ordinance authorizingthe permanent placement on the Propert of the three (3) traffic signals which will be owned andcontrolled by the County; andWHEREAS, it is necessar to extend the License Agreement with the County for an additional sixty(60) days because the franchise ordinance is not yet adopted.NOW, THEREFORE BE IT RESOLVED, by the Muncipal Council ofthe City of Jersey Citythat the License Agreement with the County of Hudson affecting the real propert located at theintersections of Mil Road and Wayne Street, Wayne Street and Comelision Avenue, and Mill Roadand Academy Street is extended for an additional sixt (60) days effective as of November 1, 2009.RRcwAPPROVED:APPROVED AS TO LEGAL FORMAPPROVED:iff¿I,,'J9122Certification Required 0jiiL 80nselNot Required o ABPROVEO 9- 0,RECORD OF COUNCIL VOTE ON FINAL PASSAGE 10/28/09COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON ' AYE NAY N,V.SOTTOLANO / GAUGHAN I BRENNAN ./DONNElLY I FULOP / FLOOD /LOPEZ 0/ RICHARDSON ./ VEGA, v,l Indicates Vote..,f.~a meeting of the M~I Council of the City of Jersey Cit, N.J.~~ 11 itdPeter~nnan. ", President of CouncilN,V.-Not Voting (Abstain)

Resolution of the City of Jersey City, N.J.City Clerk File No.Agenda No.Approved:TITLE:Res. 09-90710.Z.LOOCT 282009RESOLUTION AUTHORIZING THE ACCEPTANCEOF A GRANT A WARD FROM THE HUDSONCOUNTY OPEN SPACE TRUST FUND FORCOLUMBIA PARKS IMPROVEMENTSCOUNCILof the following resolution:offered and moved adoptionWHEREAS, the City of Jersey City ("City") was designated to receive $100,000 from theHudson County Open Space Trust Fund; andWHEREAS, the City of Jersey City would like to accept the funds from the Hudson CountyOpen Space Trust for the purposes of acquiring, preserving and maintaining open spacewithin the City; andWHEREAS, this grant will assist in increasing the availability ofrecreational resourcesthrough open space acquisition and conservation, and development; andWHEREAS, the Columbia Park Improvements and renovations wil include removal andreplacement of existing play equipment, new lighting, asphalt, concrete curb replacement,chain-line fence, drainage, street curb, interior curb and concrete foundation making the parkADA complaint; andWHEREAS, the toddler playground at Columbia Park wil be completely overhauled andrenovated; andWHEREAS, the acceptance ofthis grant will enhance efforts by the City of Jersey City tocreate recreational resources for the residence and tourst of Jersey City.NOW, THEREFORE BE IT RESOLVED, by the Municipal Council ofthe City ofJerseyCity:i. Jerramiah T. Healy, Mayor and/or Brian O'Reily, Business Administrator, arehereby authorized to execute a contract and/or grant agreement with the HudsonCounty Open Space Trust Fund Grant Progrm; and2. The Office of Management and Budget is authorized to establish an account in theamount of $l 00,000 for the Columbia Park Improvements.

Continuation of ResolutionCity Clerk File No. Res. 09-907Agenda No. 10.Z.10 OCT ¿ 82009Pg.# 32TITLE:RESOLUTION AUTHORIZING THE ACCEPTANCEOF A GRANT AWARD FROM THE HUDSONCOUNTY OPEN SPACE TRUST FUND FORCOLUMBIA PARKS IMPROVEMENTSAPPROVED: ~~ ASTO big:I~M ,APPROVED:Corporation Counsel,Certification Required DNot RequiredDAPPRÒVED '1- 0RECOI\D OF COUNCIL VOTE ON FiNAL PASSAGE TOJ romCOUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOTTOLAO I GAUGHAN / BRENNAN ' ./DONNELLY / FULOP I FLOOD, ' , . ' /lOPEZ .I RICHARDSON / VEGA, ./\. ßX 11 (1 k:Peter M. Brennan. President of Council Robë City clF,l Indicates Vote , N.V.-Not Voting (Abstin).l~,ted at a meeting of Municipal Council of the ~ity of Jersey City N.J. ~'

Resolution of the City of Jersey City, N.J.City Clerk File No. Res. 09-908Agenda No. 1O.Z.1lApproved: OCT 2 8 2009TITLE:RESOLUTION AUTHORIZING THE ACCEPTANCEOF A GRANT AWARD FROM THE HUDSONCOUNTY OPEN SPACE TRUST FUND FOR BERRYLANE PAR LAND EXPANSIONCOUNCILof the following resolution:offered and moved adoptionWHEREAS, On August 14, 2008 the City of Jersey City ("City") was designated to receive$1,200,000 from the Hudson County Open Space Trust Fund; andWHEREAS, the City of Jersey City would like to accept the funds from the Hudson County ,Open Space Trust for the purposes of acquiring, preserving and maintaining open spacewithin the City; andWHEREAS, this grant wil assist in increasing the availability of recreational res_ourcesthrough open space acquisition and conservation, and development; andWHEREAS, the land to be acquired consist of approximately 3.4 acres located at 417Communipaw Avenue and identified as Block 2040, Lot(s) C17,C4,7,8,i IA,12A and 13collectively known as the Jersey City Berr Lane Park Expansion; andWHEREAS, thè acceptance of this grant wil enhance efforts by the City of Jersey City tocreate recreational resources for the residence and tourist of Jersey City.NOW, THEREFORE BElT RESOLVED, by the Municipal Council ofCity:the City ofJersey1. Jerramiah T. Healy, Mayor and/or Brian O'Reily, Business Administrator, arehereby authorized to execute a contract and/or grnt agreement with the HudsonCounty Open Space Trust Fund Grant Program; and2. The Offce of Management and Budget is authorized to establish an account in theamount of $l ,200,000 for the Berr Lane Park Expansion project.APPROVED:APPROVED:APPROVED AS TO LEGAL FORMCorporation CounselCertification Required DNot RequiredRECOI\D OF COUNCIL VOTE ON FiNAL PASSAGE iuic.' , .u~COUNCILPERSON AYE/NAY NV. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOTTOLANO .I GAUGHAN / BRENNANIDONNELLY FULOP I FLOOD, .ILOPEZ 7 RICHARDSON / VEGA , 7., Indicates Vote N.V.-Not Voting (Abstain)DAPPROVED 9~oJersey City N.Jac ~ ..(' at a m;g Of8~O" of"'e City of.....?!e"""". . "..OM' """"""' -_. of

Resolution of the City ofJersey City, N.J.City Clerk File No.Agenda No.Approved:Res. 09-90910.Z.12OCT 2 8 2009TITLE:CANCELLATION OF 2002-2003 REAL ESTATE TAxs ON BLOCK 910LOT 18.A ALSO KNOWN AS 786 TONNELE AVENUE OWND BYNEW JERSEY TRANSITCOUNCIL OFFERED, AND MOVED ADOPTIONOF THE FOLLOWING RESOLUTION:WHEREAS, the property located at Block 910 Lot 18.A owned by New Jersey Transit wasinadvertently assessed for the 2002-2003 tax years; andWHEREAS, the propert stil shows open and should be exempt according to the Tax Assessor; andWHEREAS, the Tax Collector's fies still indicates a lien was placed on the propert in 2002 forthe tax years and the Tax Collector would like to cancel certificate # 330720 in the amountof$ 7,161.2 ; and 'NOW THEREFORE, BE IT RESOLVED, by the Muncipal Council ofthe City of JerseyCity, that certificate # 330720 on Block 910 Lot 18.A also known as 786 Tonnele Avenue is hereby/ /' /~Clcetiiyie amount of$ 7,161.2./ ,/1 /:1-l/zf A~,~o,APPROVED:/APPROVED:=:~" ,APPROVED AS TO LEGAL FORM" Corpora4õoûnselCertification Required DNot Required DAPPROVED 9-0RECOI\O OF COUNCIL VOTE ON FiNAL PASSAGE 10128 0COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOTTOLANO GAUGHAN'DONNEllY /FULOP/BRENNAN// FLOOD, '/,LOPEZ -/ ' RICHARDSON -/ VEGA, i/., Indicates Vote N.V.-Not Voting (Abstain)A~ a me, e, ,tin9, oft'fn;cipal CouncH of the COy of Jen;y COy N.J. a, /.' ,~~ 4 P /- ~ , tJ,, PeterM:ennan., President of Council Robert yme, Cit r

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Resolution'City Clerk File No.Agenda No.Approved:TITLE:Res. 09~9l01O.Z.13OCT 2 8 2009of the City of Jersey City, N.J.f-~ ") E.RS.kHo J RSE" ..Ä. T ,. ~0RESOLUTION OF THE MUNICIPAL COUNCIL OF THE CITY 0 Ù ~JERSEY CITY AUTHORIZING ACCEPTANCE AND EXECUTION OF AGRANT AGREEMENT FROM THE U.S. DEPARTMENT OF HOUSINGAND URBAN DEVELOPMENT FOR BROWNFIELDS ECONOMICDEVELOPMENT INITIATIVE FUNDS FOR THE TRAMZ HOTEL ATLIBERTY HARBOR NORTH AND AUTHORIZING A CONTRACT WITHSTATUE OF LIBERTY HARBOR NORTH REDEVELOPMENT UR LLCWHEREAS, the U.S. Department of Housing and Urban Development issued a Notice ofFunding Availability (NOFA) for Brownfields Economic Development Initiative funds(SEDI); andWHEREAS, the City applied for and has been awarded $1.9 milion in BEDI funds for theTramz Hotel at Liberty Harbor North; andWHEREAS, the BEDI grant wil be used for acquisition, remediation and otherdevelopment related expensesfor the construction of the hotel; andWHEREAS, the BED I grant must be entirely withdrawn and expended for approved usesby January 31, 2011.NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of JerseyCity that:the SEDI Grant Agreement. '1. The Mayor or Business Administrator is hereby authorized to accept and execute2. The Mayor or Business Administrator is hereby authorized to executeAgreements, Mortgages, Notes and'such other documents deemed necessary tosecure loans and grants under the BEDI grant.3. The Mayor or Business Administrator is hereby authorized to execute A contractwith Statue of Libert Harbor North Redevelopment UR LLC.~~Chief Financial Offceri, Donna Mauer, hereby certify that sufficient funds in the amount of $1 ,900,000are availabl~00-56-853-901.APPROVED:APPROVED:,~¿ROVED AS TO LEGAL FORM--Corporation CounselCertification Required DNot RequiredD, APPROvtD Q- 0RECOI\D OF COUNCIL VOTE ON FiNAL PASSAGECOUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY NV.SOTTOLANO GAUGHAN .f BRENNAN'." "_.- ,/DONNELLY / FULOP I FLOOD, /LOPEZ ,/ , RICHARDSON / VEGA i/./ Indicates Vote N.V,-Not Voting (Abstain),A~t a m, eetin9 of t~iciPal Council of the City of Jersey ,City N, .J. ,(l, /~,VeV k-q5J ~ , , t2Peter M. Breririån. ' President of Council ' , ' , Robert B me, Cit ~

LEGISLATIVE FACT SHEETThis summary sheet is to be attached to any ordinance, resolution, cooperationagreement, or contract that is submitted for Council consideration. Incomplete or sketchysummarY sheets will be returned with the resolution or ordinance. The Department,Division or Agency responsible for the overall implementation of the proposed project orprogram should provide a concise and accurate statement of facts.FULL TITLE OF ORDINANCE I RESOLUTION I COOPERATION AGREEMENT:RESOLUTION OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEYCITY AUTHORIZING ACCEPTANCE AND EXECUTION OF A GRANTAGREEMENT FROM THE U.S. DEPARTMENT OF HOUSING AND URBANDEVELOPMENT FOR BROWNFIELDS ECONOMIC DEVELOPMENTINITIATIVE FUNDS FOR THE TRAMZ HOTEL AT LIBERTY HARBOR NORTHAND AUTHORIZING A CONTRACT WITH STATUE OF LIBERTY HARBORNORTH REDEVELOPMENT UR LLCNAME AND TITLE OF PERSON INITIATING THE RESOLUTION:Darice Toon, Director, Division of Community Development - 201-547-5304DESCRIPTION OF THE PROGRAM, PROJECT, PLAN, PURCHASE, ETC.:Development of a 300 plus room Class A, full-service hotel with the Hilton brand.ANTICIPATED COMMUNITY BENEFITS OR ASSESSMENT OF DEPARTMENTALNEED:Job creation opportunities.COSTS OF PROGRAM ORPURCHASE: (IF EQUIPMENT PURCHASE, WHAT DOESIT REPLACE. HOW WILL THE PROGRAM OR PURCHASE BE FUNDED?):$88,000,000.00 (Development Costs)$22,000,000.00 (Furniture and Fixtures)$8,000,000.00 (Sec. 108 Loan)$1,900,000.00 (BEDI)IF CONTRACT, PROJECT OR PLAN DATE OF COMMENCEMENT:OCTOBER 2009ANTICIPATED COMPLETION DATE:~SL~I CERTIFY THE FACTS PRESENTED HEREIN ARE ACCURATE., Vl;i31D(DATE!¿) -¿ 3 _o¿-DATE

Resolution of the City of Jersey City, N.J.City Clerk File No.Agenda No.Approved:Res. 09-9111O.Z.14OCT 2 8 2009TITLE:RESOLUTION AUTHORIZING A CLOSED CAUCUS OFTHE MUICIPAL COUNCIL ON TUESDAY, NOVEMBER10,2009 AT 5:00 P.M. TO DISCUSS PENDING LITIGATIONAND MATTERS WITHIN THE ATTORNEY CLIENTPRIVILEGE (SIXTH STREET EMBANKMENT)Council as a whole, offered and moved adoption of the following:WHEREAS, the Open Public Meetigs Act, N.J.5.A. 10:5-1 et seq. (Act), authorizes agovernmental body to hold a closed session to discuss matters with the attorney clientprivilege; andWHEREAS, the Act requires that a closed session shall be authorized by resolution, whichshall indicate when the minutes of the closed session shall be released to the public; andWHEREAS, the Muncipal Council wii:hes to discuss matters "Ythi the attorney-clientprivilege, including, but not limted to the Sixth Street Embanment Litigation fied bycertain LLCs known as 212 Marin Boulevard, 247 Ma,nila Avenue, 317 Jersey Avenue, 354Cole Street, 389 Monmouth Street, 415 Brunswick Street and 44 Newark A venue, litigationin New Jersey and litigation filed on behalf of the City of Jersey City before the federalSurface Transportation Board; andNOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of JerseyCity that:1. A closed caucus of the Council wil be held on Tuesday, November 10, 2009 at 5:00p.m. to discuss matters with the attorney-client privilege. The meetig wil takeplace in the Efrai Rosario Memorial Council Caucus Room, second Floor, City Hall.2. That the miutes of this closed caucus be released to the public when theCorporation Counel deems that the legal interests of the City of Jersey City wil notbe impaired such release.APPROVED:APPROVED:ounselCertification RequiredDNot RequiredDAPPROVED 9-0RECORD OF COUNCIL VOTE ON FINA PASSAGECOUNCILPERSON AYE NAY NV. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY NV.SOTTOLAO GAUGHAN FLOOD /DONNELLY FULOP IVEGA ./LOPEZ I RI,CHARDSON .I BRENNAN, PRES ./,l Indicates Vole N.v-Not Voting (Abstain)AdO\? .;,n;;",e\2:' CoUnd~Ofthe COy of Je'5Y City NJ (I å:Peter M. Brennan, President of Council Robert yrne, City erk

City Clerk File No.Agenda No.Approved:Res. 09-912LO.Z.15OCT 2 8 2009TITLE:RESOLUTION REAPPOINTING ALBERTO ANTON AS A CIVICMEMBER OF THE ECONOMIC DEVELOPMENT CORPORATIONCOUNCILOFFERED AND MOVED ADOPTION OF THE FOLLOWING RESOLUTION:WHEREAS, Peter M. Brennan, Council President, by letter dated October 26,2009, has advised the City Clerk that he would like to reappoint Alberto Anton of 250Terrace Avenue, Jersey City, New Jersey, as a Civic Member of the EconomicDevelopment Corporation and requests the advice and consent of council to thisappointment. Mr. Anton's appointment will commence on upon the adoption of thisresolution and expire on October 14, 2011.NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City ofJersey City, that Alberto Anton is hereby reappointed as a Civic Member of theEconomic Development Corporation, for the abovementioned term.APPROVED:APPROVED:~CorporationCertification Required DNot Required DCounselAPPROVED 9-0RECORD OF COUNCIL VOTE ON FINAL PASSAGE 10128 09COUNCILPERSON AYE NAY N.V. COUNClLPERSON AYE NAY N.V. COUNCILPERSON AYE NAY NV.SOTTOLANO / GAUGHAN/ /DONNELLYI FULOPIVEGA ILOPEZ iI RICHARDSON iI BRENNAN, PRES I,l Indicates Vote NV,-Not Voting (Abstain)Ado~et;n~"f;: of the C;ly of JeffY C;ly N.J. /2 ~ ~Peter M. Brennan, President of Council RObe~ty c¡FLOOD

Resolution of the City of Jersey City, N.J.City Clerk File No. gS. 0 'J. ljlßAgenda No. LO~ Z.16Approved: OCT 2 8 2009TITLE:A RESOLUTION AUTHORIZING THE CLOSING OF AMUNICIPAL STREET(S), FLEET STREET FROM OAKLANDAVENUE TO BALDWIN AVENUE BEGINNING 9:00 A.M. ANDENDING 9:00 P.M. TUESDAY, NOVEMBER 3,2009 AT THEREQUEST OF THEHUDSON COUNY DEMOCRATICORGANIZATION FOR PUBLIC SAFETY REASONS TOACCOMMODATE THE OVERFLOW AT CAMPAIGNHEADQUARTERS ON OAKLAND AVENUEWHEREAS, the Division of Engineering, Traffic and Transportation has received anapplication from the Hudson County Democratic Organization to close Fleet Street fromOaklaRd Avenue to Baldwin Avenue beginning 9:00 a.m. and ending 9:00 p.m. Tuesday,November 3, 2009 for Public Safety Reasons to accommodate the overflowat CampaignHeadquarers on Oakand A venue; andWHEREAS, in accordance with the provisions of Section 296-71 and 296-72, a streetmay be temporarily closed for a block pary or any recreational event to be conducted within anarea not exceeding one city block under certin conditions;WHEREAS, when one or more of the required conditions for a street closing are notmet, in accordance with Sections 296-74 (B) the Traffic Engineer may recommend to the CityCouncil that one or more of the requirements of Sections 296-71; 296-72 and 296-73 be waived;andWHREAS, the request to close Fleet Street does not meet one or more of therequirements set forth in Section 296-71 (B)(C); 296-72(2) and 296-73(D) therefore, thefollowing requirement is being waived: the street closure has been requested by a non-resident ofFleet Street and the street closure will begin an hour earlier than the permtted time; andWHEREAS, the closing of the aforementioned streets wil not affect public safety orconvenience, and in accordance with the provision of Section 296-74 (B) and the applicant hasmade a request to the City Council that the aforementioned requirements set forth in Section296-71; 296-72 and 296-73 be waived.NOW THEREFORE BE IT RESOLVED, that the Muncipal Councilvia adoption ofthis resolution authorizes the closing of Fleet Street from Oakland Avenue to Baldwin Avenuebeginng 9:00 a.m. and ending 9:00 p.m. on Tuesday, November 3, 2009.APPROVED:APPROVED:A~E:~2~RM~, ~ - " Corporation Counsel'Certification Required DNot RequiredRECORD OF COUNCIL VOTE ON FINA PASSAGEDAPPROVED 9-0COUNCILPERSON AYE NAY N.V. COUNCILPERSON ' AYE NAY NV. COUNCILPERSON AYE NAY NV.SOTTOLAO .I GAUGHAN.I FLOOD IDONNELLY I FULOP I VEGA /.LOPEZ / RICHARDSON i/ BRENNAN, PRES ,/,l Indicates Vote N.v-Not Voting (Abstain)AdQAee;olt6;:ncu ofth_ City 01 Je",ey City NJr; ¡j. Peter M. Brennan, President of Council Robert yrne, City ~