Title
Dept./Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Pre-Litigation Settlement
Docket No.: Not Applicable
Claimant: Maraziti Falcon, LLP, 240 Cedar Knolls Road, Suite 301, Cedar Knolls, New Jersey 07927
Claimant's Attorney: Not Applicable
Attorney's Address: Not Applicable
Settlement Amount: $118,288.82
Funding Source: Insurance Trust Fund
Additional Comments:
This Settlement Agreement resolves all outstanding invoices for Maraziti Falcon, LLP, for Redevelopment Legal Services it provided to the Department of Economic and Housing Development for 2019 through 2020.
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WHEREAS, on June 6, 2019, Resolution 7R2-d, was adopted and awarded by the City of Newark to Maraziti Falcon, LLP, 240 Cedar Knolls Road, Suite 301, Cedar Knolls, New Jersey 07927 (“the Firm”), a contract to provide Legal Services for Redevelopment/Land Use, to the Department of Economic and Housing Development, for the term March 12, 2019 through March 11, 2020 for an amount not to exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00); and
WHEREAS, the City of Newark (the “City”) assigned the Firm several complex and labor-intensive projects, which resulted in costs exceeding the contract amount; and
WHEREAS, the Firm continued to provide legal representation to the City, so that the City’s rights, interests and redevelopment projects would continue to move forward and there would not be a break in the redevelopment progress; and
WHEREAS, the Firm has asserted claims for outstanding fees owed in connection with Redevelopment/Land Use Legal Services it provided during the contract term which exceed the amount; and
WHEREAS, the Department of Economic and Housing Development asserts that the Firm provided the Redevelopment Legal Services and that the outstanding invoices, attached hereto as Exhibit A, accurately reflect the monies owed to the Firm; and
WHEREAS, Corporation Counsel, on behalf of the City of Newark, entered into good faith negotiations with the Firm and in an effort to amicably resolve this matter without the expense and time of litigation, recommends that this matter be resolved by executing the attached Settlement Agreement and General Release between the parties and payment of One Hundred Eighteen Thousand Two Hundred Eighty-Eight Dollars and Eighty-Two Cents ($118,288.82) (the “Settlement Sum”).
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor of the City of Newark,and/or his designee, the Corporation Counsel is hereby authorized on behalf of the City of Newark to enter into, execute and accept the terms of the Settlement Agreement and Release (the “Agreement”) between the City and Maraziti Falcon, LLP, 240 Cedar Knolls Road, Suite 301, Cedar Knolls, New Jersey 07927.
2. Pursuant to the Settlement Agreement and Release, the City shall pay Maraziti Falcon, LLP, the Settlement Sum of One Hundred Eighteen Thousand Two Hundred Eighty-Eight Dollars and Eighty-Two Cents ($118,288.82) to be paid, via check made payable to: Maraziti Falcon, LLP 240 Cedar Knolls Road, Suite 301, Cedar Knolls, New Jersey 07927 for the Redevelopment/Land Use Legal Services rendered that exceeded the contract amount.
3. Annexed hereto is the Certification of the Comptroller of the City of Newark stating that sufficiently legal appropriate funds are available in Business Unit NW025 Department 25T Div./Proj.7t24 and Account 96340, for purpose set forth hereinabove.
4. The Corporation Counsel shall file a copy of the Certification, this Resolution and the executed Settlement Agreement and Release in the Office of the City Clerk.
5. The Settlement Agreement 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 Mayor of the City of Newark , and/or his designee, the Corporation Counsel to avoid potential litigation and resolve this matter by executing this Settlement Agreement and Release with Maraziti Falcon, LLP, 240 Cedar Knolls Road, Suite 301, Cedar Knolls, New Jersey 07927 and paying the settlement sum of $118,288.82, for the Redevelopment Legal Services rendered in 2019-2020, in return for a full release by Maraziti Falcon, LLP.