Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement Agreement and Release
Entity Name: Rainone Coughlin Minchello, LLC
Entity Address: 555 US Highway One South, Suite 440, Iselin, New Jersey 08830
Settlement Amount: $17,795.85
Funding Source: 2023 Budget/Law Department/Bus. Unit NW011, Dept. 046, Div./Proj. 0451, Activity A, Account 71260, Budget Ref. B2023
Contract Period: January 1, 2023 through December 31, 2023
Additional Comments:
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WHEREAS, from January 01, 2023 through December 31, 2023, the City of Newark (the "City") utilized the legal services of Rainone Coughlin Minchello, LLC., in Labor and Employment matters; and
WHEREAS, there remains an outstanding balance for the legal services provided to the City of Newark from November 01, 2023 through and including December 31, 2023; and
WHEREAS, to avoid the costly expense of litigation, the Parties and the City's Corporation Counsel desire to amicably resolve this matter with payment by the City of the Settlement Sum, in exchange for Plaintiff's execution of the Settlement Agreement and Release (attached) as a full and complete release of the matter; and
WHEREAS, a settlement proposal has been made to resolve this claim by payment in the total amount of Seventeen Thousand Seven Hundred Ninety-Five Dollars and Eighty-Five Cents ($17,795.85) ("Settlement Sum"), and execution of a Settlement Agreement and Release; and
WHEREAS, the Corporation Counsel, based upon all facts and circumstances surrounding the matter, deems it is in the best interest of the City to resolve this matter by payment in the amount set forth above; and
NOW, THEREFORE, BE IT RESOLVED BY MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Corporation Counsel is hereby authorized on behalf of the City of Newark to enter into, execute and accept the terms of the Settlement Agreement and Release, attached hereto.
2. Upon receipt by the Corporation Counsel of all documents deemed necessary, the Director of Finance is hereby authorized and directed to issue payment in the amount of Seventeen Thousand Seven Hundred Ninety-Five Dollars and Eighty-Five Cents ($17,795.85) which payment will be made payable to Rainone, Coughlin, Minchello, LLC, 555 US Highway One South, Suite 440, Iselin, New Jersey 08830.
3. Annexed hereto is the Certification of Funds issued by the Director of Finance, City of Newark, which states that there are available sufficient legally-appropriate funds from Business Unit NW011, Dept. ID 046, Division/Project 0461 and Account #71260, in the amount of Seventeen Thousand Seven Hundred Ninety-Five Dollars and Eighty-Five Cents ($17,795.85) for the purpose set forth herein.
4. A copy of the Comptroller's Certification shall be filed in the Office of the City Clerk along with this Resolution by the Corporation Counsel.
5. The Corporation Counsel shall file a fully executed copy of the Settlement Agreement and Release in the Office of the City Clerk.
6. This Resolution shall be effective upon adoption in accordance with applicable State Law.
7. The Settlement Agreement and Release and Resolution does not admit, nor should it be construed as an admission of liability or violation of any law, statute or regulation or a breach of any duty by the City of Newark, its agents, officers and/or employees whatsoever and is entered into based upon recommendations of the Corporation Counsel and to eliminate all risks and future litigation costs.
STATEMENT
This Resolution authorizes the Corporation Counsel on behalf of the City of Newark to enter into a Settlement Agreement and Release to settle claim with Rainone Coughlin Minchello, LLC. for providing Labor and Employment Legal Services in the amount of Seventeen Thousand Seven Hundred Ninety-Five Dollars and Eighty-Five Cents ($17,795.85), in exchange for Claimant's dismissal of any and all claims against the City of Newark and its employees, and a complete release.