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

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