Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement
Entity Name: Evelyn Akushie-Onyeani, Esq., d/b/a Onyeani Law Firm, LLC
Entity Address: 76 South Orange Avenue, Suite 200, South Orange New Jersey 07079
Settlement Amount: $68,750.00
Funding Source: Business Unit NW011, Dept. ID 045, Division/Project 0451 and Account #71260 B2022
Additional Comments:
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WHEREAS, the Municipal Council by Ordinance 6PSF-f adopted on August 5, 2020 granted authority to the Corporation Counsel to settle any claim for a sum not to exceed Forty-Four Thousand Dollars and Zero Cents($44,000.00) without the approval of the Municipal Council; and
WHEREAS, the City of Newark operates a Municipal Court and has a need to engage attorneys as Special Municipal Prosecutors; and
WHEREAS, the Corporation Counsel of the City of Newark entered into a professional services agreement with Evelyn Akushie-Onyeani, Esq., d/b/a Onyeani Law Firm, LLC for legal services in connection with the Municipal Prosecutor's Office for the period January 1, 2022 through December 31, 2022; and
WHEREAS, the legal services provided exceeded the contract amount of Forty-Four Thousand Dollars and Zero Cents ($44,000) by SixtEight Thousand Seven Hundred Fifty Dollars and Zero Cents ($68,750.00); and
WHEREAS, a settlement proposal has been made to resolve this claim in its entirety by payment in the total amount of Sixty-Eight Thousand Seven Hundred Fifty Dollars and Zero Cents $68,750.00, and execution of a Settlement Agreement and Release; and
WHEREAS, there remains no outstanding balance for the legal professional services provided to the City of Newark January 1, 2022 through and including December 31, 2022; 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.
NOW, THEREFORE, BE IT RESOLVED BY MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council hereby authorizes the Corporation Counsel on behalf of the City of Newark to execute and accept the terms of the attached Settlement Agreement and Release.
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 SixtyEight Thousand Seven Hundred Fifty Dollars and Zero Cents ($68,750.00) which payment will be made payable Evelyn Akushie-Onyeani, Esq., d/b/a Onyeani Law Firm, LLC, 76 South Orange Avenue, Suite 200, South Orange New Jersey 07079.
3. Annexed hereto is the Certification of Funds issued by the Assistant Director of Finance, City of Newark, which states that there are available sufficient legally-appropriated funds from Business Unit NW011, Dept. ID 045, Division/Project 0451 and Account #71260 B2022, in the amount of Sixty Eight Thousand Seven Hundred Fifty Dollars and Zero Cents ($68,750.00) 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 a Settlement Agreement and Release to settle a potential claim against the City for Special Municipal Services provided by Evelyn Akushie-Onyeani, Esq., d/b/a Onyeani Law Firm, LLC for the remaining outstanding balance of Sixty-Eight Thousand Seven Hundred Fifty Dollars and Zero Cents ($68,750.00). This settlement amount is in exchange for full compensation for services provided and a discharge of any and all claims against the City of Newark and its employees, and a complete release.