Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement - Pre- Litigation
Docket No.: Pre-Suit
Claimant: Newark Youth Golf, Inc.
Claimant's Attorney: N/A
Attorney's Address: 262 Chadwick Avenue, 1st Fl., Newark, NJ 07108
Settlement Amount: $16,200.00
Funding Source: City of Newark/2011 Budget/Neighborhood and Recreational Services/Recreation & Cultural Affairs
Additional Comments:
Invitation: Corporation Counsel, May 1, 2012
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WHEREAS, the Department of Neighborhood & Recreational Services, Division of Recreation and Cultural Affairs was in need of a contractor to organize and implement a Summer Golf Program for Newark children ages (8) through (17) years of age to take place at Weequahic Park (South Ward) in Newark, New Jersey from Tuesday, July 5, 2011 through Monday, August 22, 2011; and
WHEREAS, Newark Youth Golf, Inc. was chosen to provide the services; and
WHEREAS, Newark Youth Golf, Inc. claims that it provided the services; and
WHEREAS, the Director of the Department of Neighborhood & Recreational Services has confirmed that the City received the benefit of the services; and
WHEREAS, Newark Youth Golf, Inc. has submitted invoices totaling $16,200.00 (Sixteen Thousand Two Hundred Dollars), for the implementation of a Youth Golf Program for the period of July 5, 2011 through Monday, August 22, 2011; and
WHEREAS, the Director of the Department of Finance has certified that there are adequate, appropriated monies available to pay the outstanding invoices; and
WHEREAS, the parties have agreed to settle the matter for the payment of $16,200.00 (Sixteen Thousand Two Hundred Dollars), in one lump sum, in exchange for the execution of a Settlement Agreement and General Release as a full and complete settlement of all of Newark Youth Golf, Inc.'s claims, including any claims for attorney's fees; and
WHEREAS, the within settlement and release 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 counsel and to eliminate all risks and future litigation costs; and
WHEREAS, the City has determined that it is in the best interest of the taxpayers to avoid the cost, expense, delay and uncertainty of litigation, if this matter proceeded to litigation.
NOW, THEREFORE, BE IT RESOLVED BY THE 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 negotiate and the Director of the Department of Neighborhood and Recreational Services to execute a Settlement Agreement and Release and any other documents, sufficient in form and content to Corporation Counsel and to take whatever actions are necessary to effectuate the terms of the within resolution and settlement of this matter pursuant to the terms contained in the within Resolution.
2. The Municipal Council of the City of Newark hereby authorizes the payment by check made payable to Newark Youth Golf, Inc., in the amount of $16,200.00 (Sixteen Thousand Two Hundred Dollars), which check shall be mailed to 262 Chadwick Avenue, 1st Floor, Newark, NJ 07108, as consideration of and pursuant to the terms and conditions contained in the Settlement Agreement and Release annexed hereto.
3. In exchange for Newark Youth Golf, Inc.'s execution of the Settlement Agreement and Release, acceptable in form to Corporation Counsel and after passage of this resolution and upon receipt by Corporation Counsel and the Director of Finance of any and all other documents deemed necessary, the Director of Finance of the City of Newark is hereby authorized to issue a check made payable to Newark Youth Golf, Inc., 262 Chadwick Avenue, 1st Floor, Newark, NJ 07108.
4. The within settlement 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 counsel and to eliminate all risks and future litigation costs.
5. Attached hereto is a certification of funds issued by the Director of Finance, City of Newark, which states that there are available sufficient, legally appropriated funds of $16,200.00 (Sixteen Thousand Two Hundred Dollars) for the purposes set forth hereinabove. A copy of the certification of funds issued shall be filed in the Office of the City Clerk together with this Resolution by the Corporation Counsel.
6. A fully executed copy of the Settlement Agreement and Release shall be filed in the Office of the City Clerk by Corporation Counsel.
7. This Resolution shall be effective upon adoption in accordance with applicable State law.
STATEMENT
This resolution authorizes the settlement of a demand for payment from, Newark Youth Golf, Inc., 262 Chadwick Avenue, 1st Floor, Newark, NJ 07108, through the payment of the lump sum of $16,200.00 (Sixteen Thousand Two Hundred Dollars), in exchange for the execution of a Settlement Agreement and Release.