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Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Pre-Litigation Settlement
Claimaint: Walsh Pizzi O’Reilly Falanga LLP, Three Gateway Center,100 Mulberry Street, 15th Floor, Newark, New Jersey 07102
Settlement Amount: $112,106.78
Funding Source: Fund 011, Dept ID 040, Division 0401, Account 71260, Bud Ref B2026
Additional Information:
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WHEREAS, from January 1, 2026 through April 30, 2026, the City of Newark (the “City”) utilized the legal services of Walsh Pizzi O’Reilly Falanga LLP, Three Gateway Center, 100 Mulberry Street, 15th Floor, Newark, New Jersey 07102, as Litigation Defense Counsel; and
WHEREAS, there remains an outstanding balance for the legal services provided to the City of Newark from January 1, 2026 through and including April 30, 2026; 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 pre-litigation matter in its entirety by payment in the total amount of One Hundred Twelve Thousand One Hundred Six Dollars and Seventy-Eight Cents ($112,106.78) (“Settlement Sum”), and execution of the Settlement Agreement and Release, in form attached hereto, as full and complete release of this matter; 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 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 the Department of Finance is hereby authorized and directed to issue payment in the amount of One Hundred Twelve Thousand One Hundred Six Dollars and Seventy-Eight Cents ($112,106.78) which payment will be made payable to Walsh Pizzi O’Reilly Falanga LLP, Three Gateway Center, 100 Mulberry Street, 15th Floor, Newark, New Jersey 07102.
3. Certification of Funds shall be issued by the Director of the Department of Finance, which states that there are available sufficient legally-appropriate funds to be charged against the following line: Fund 011, Dept ID 040, Division 0401, Account 71260, Bud Ref B2026 in the amount of One Hundred Twelve Thousand One Hundred Six Dollars and Seventy-Eight Cents ($112,106.78) 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. 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 of Walsh Pizzi O’Reilly Falanga LLP, as Litigation Counsel in the amount of One Hundred Twelve Thousand One Hundred Six Dollars and Seventy-Eight Cents ($112,106.78), for legal services from January 1, 2026 through April 30, 2026, in exchange for a complete release of any potential claims against the City of Newark arising out of the provision of said legal services.