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Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Pre-Litigation Settlement
Claimant: Anthony J. Scillia, LLC., 417 Devonshire Lane, Venice, Florida 34293
Settlement Amount: $156,762.50
Funding Source: Business Unit: NW025; Dept.: 25T; Div./Proj.: 5T25; Account#: 96320; Budget Ref.: B2025 (Insurance Funds)
Additional Information:
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WHEREAS, the City of Newark ("City") utilized the professional Utility Management Services of Anthony J. Scillia, LLC, 417 Devonshire Lane, Venice, Florida 34293, from June 01, 2024 through December 31, 2024, ; and
WHEREAS, there remains an outstanding balance for the Professional Utility Management Services provided to the City; and
WHEREAS, to avoid the costly expense of litigation, the City's Corporation Counsel, on behalf of the City, desires to amicably resolve this matter with payment by the City in exchange for the 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 pre-litigation matter, in its entirety by payment in the total amount of One Hundred Fifty-Six Thousand Seven Hundred Sixty-Two Dollars and Fifty Cents ($156,762.50) ("Settlement Sum"), and execution of a Settlement Agreement and Release, in the form attached hereto, as full and complete release of this matter; and
WHEREAS, the Corporation Counsel, based upon all facts and circumstances presented, deems it is in the best interest of the City to resolve said matter by payment of the proposed Settlement Sum and execution of the Settlement Agreement and Release.
NOW, THEREFORE, BE IT RESOLVED BY MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The City of Newark's Corporation Counsel ("Corporation Counsel") is hereby authorized on behalf of the City of Newark ("City") 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 One Hundred Fifty-Six Thousand Seven Hundred Sixty-Two Dollars and Fifty Cents ($156,762.50), which payment will be made payable to Anthony J. Scillia, LLC, 417 Devonshire Lane, Venice, Florida 34293.
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 and the line to be charged is as follows: Business Unit: NW025, Dept.: 25T, Division/Project: 5T25, Account #: 96320, Budget Ref.: B2025, in the amount of One Hundred Fifty-Six Thousand Seven Hundred Sixty-Two Dollars and Fifty Cents ($156,762.50), 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 and execute a Settlement Agreement and Release to settle the outstanding fees for Anthony J. Scillia, LLC, in the total amount of One Hundred Fifty-Six Thousand Seven Hundred Sixty-Two Dollars and Fifty Cents ($156,762.50), in exchange for a complete release of any potential claims against the City of Newark arising out of the Professional Utility Management Services.