...Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: Not Applicable
Claimant: 169 Clinton Development Urban Renewal, LLC
Claimant's Attorney: Not Applicable
Settlement Amount: $273,200.00
Funding Source: 2025 Unclassified - Fund: NW011; Department: 200; Div./Proj.: 2001; Account #: 97550; Ref.:B2025
Additional Information:
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WHEREAS, on or about June 5, 2023, the Office of Homeless Services, City of Newark (“City”), requested a declaration of emergency for temporary housing services to ensure the health, safety and wellness of the homeless population; and
WHEREAS, on or about July 7, 2023, the Qualified Purchasing Agent of the City declared an emergency for temporary shelter services and authorized contracts for “various vendors” for the period June 6, 2023, through September 5, 2023 (“emergency contracts”); and
WHEREAS, on October 18, 2023, the Newark Municipal Council (“Municipal Council”) adopted Resolution 7R1-c authorizing the extension of the contracts from September 2023 through December 31, 2023; and
WHEREAS, the Municipal Council thereafter adopted Resolution 7R1-h on April 10, 2024, authorizing the second extension of the emergency contracts from January 1, 2024 through May 31, 2024; and
WHEREAS, the Municipal Council thereafter adopted Resolution 7R1-a(s) on June 25, 2024, authorizing a third extension of the emergency contracts from May 31, 2024 through August 29, 2024; and utilized the services of various vendors to provide temporary housing to chronically homeless individuals in the City of Newark; and
WHEREAS, the Municipal Council thereafter adopted Resolution 7R1-d on December 4, 2024, authorizing the fourth extension of the emergency contracts from August 30, 2024 through November 30, 2024; and
WHEREAS, the Municipal Council thereafter adopted Resolution 7R6-m(as) on February 19, 2025, authorizing the execution of Settlement Agreement and Releases with various vendors, providing emergency temporary shelter, services December 1, 2025 through January 31, 2025; and
WHEREAS, the Municipal Council thereafter adopted Resolution 7R6-e on April 2, 2025, authorizing the execution of Settlement Agreement and Releases with various vendors, providing emergency temporary shelter, services February 1, 2025 through February 28, 2025; and
WHEREAS, due to the homelessness crisis, various vendors continued to provide services, during March 1, 2025 through April 30, 2025, to the homeless population to avoid the eminent harm that interruption of services would pose; and
WHEREAS, as such the following vendor has the following outstanding invoices:
|
Vendor |
Address |
Total Outstanding Invoice |
|
169 Clinton Development Urban Renewal, LLC |
246 Danforth Avenue Jersey City, NJ 07305 |
$ 273,200.00 |
|
TOTAL: |
|
$273,200.00 |
WHEREAS, to avoid the costly expense of litigation, the City of Newark’s Corporation Counsel, on behalf of the City, desires to amicably resolve these matters with payment by the City in exchange for the execution of a Settlement Agreement and Release, in the form attached hereto, with the above referenced vendor; and
WHEREAS, a settlement proposal has been made to resolve this pre-litigation matter and the total outstanding invoices for the above referenced vendor in the amount of Two Hundred Seventy Three Thousand Two Hundred Dollars And Zero Cent ($273,200.00)(“Settlement Sum”), as itemized herein by vendor, as full and complete release of these matters; and
WHEREAS, the City of Newark’s Corporation Counsel, based upon all facts and circumstances presented, deems it in the best interest of the City of Newark to resolve these matters by payment in the amount set forth above.
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 (“City”), to accept the terms of the Settlement Agreement and Releases, attached hereto.
2. Upon receipt by the Corporation Counsel of all documents deemed necessary, the Director of the Department of Finance is hereby authorized and directed to issue payment in the total amount of Two Hundred Seventy Three Thousand Two Hundred Dollars And Zero Cents ($273,200.00), which payment shall be made payable as follows: 169 Clinton Development Urban Renewal LLC, 246 Danforth Avenue, Jersey City, New Jersey 07305
3. A Certification of Funds shall be issued by the Director of the Department of Finance, stating that there are available sufficient legally appropriate funds from the following account: 2025 Unclassified - Fund: NW011; Dept.: 200; Div./Proj.: 2001; Account #: 97550: Ref.: B2025, for the purpose set forth herein prior to the payments being disbursed.
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 City of Newark’s Corporation Counsel shall file a fully executed copy of the Settlement Agreement and Releases in the Office of the City Clerk.
6. The Settlement Agreement and Releases and this 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 litigations costs.
7. This Resolution shall be effective upon adoption in accordance with applicable State Law.
STATEMENT
This Resolution authorizes the Corporation Counsel, on behalf of the City of Newark, to enter a Settlement Agreement and Release with 169 Clinton Development Urban Renewal LLC, 246 Danforth Avenue, Jersey City, New Jersey 07305 to settle outstanding fees in the total sum of Two Hundred Seventy Three Thousand Two Hundred Dollars And Zero Cents ($273,200.00) in exchange for dismissal of any and all claims against the City of Newark, its agents, officers and/or employees, and it constitutes a complete release.