Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Pre-Suit Demand for Payment
Docket No.: None
Claimant: Soraida Peres, Inc.
Claimant's Attorney: William Enrique Agrait, Esq.
Claimant's Address: 44 Berkeley Avenue, Newark, New Jersey, 07104
Settlement Amount: $26, 842.01
Funding Source: City of Newark Budget, Department of Administration
Additional Comments:
Invitation:
body
WHEREAS, the City of Newark was in need of Technical and Management Assistance in connection with the Operation and Management of the City of Newark's Municipal Television Station as authorized by Resolution 7R1-a January 8, 2014, for an amount not to exceed $160,000.00 commencing on January 1, 2014 and terminating December 31, 2014, entered into a contract with Soraida Peres, Inc., 44 Berkeley Avenue, Newark, New Jersey 07104; and
WHEREAS, Soraida Peres, Inc., continued to provide services at the request of the City because the service was essential to protect the safety, health, welfare of its residents from January 1, 2015 through March 26, 2015; and
WHEREAS, Soraida Peres Inc. has demanded payment of outstanding monies due for services performed; and
WHEREAS, the parties agreed to settle the matter for the payment by the City of Newark of the sum of $26,842.01(Twenty Six Thousand Eight Hundred Forty Two Dollars and One Cent), in exchange for the execution of a Settlement Agreement and General Release ("Agreement") as a full and complete settlement of all Soraida Peres Inc.'s claims, including any claims for attorney's fees and cost for services provided; and
WHEREAS, the Agreement 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 to resolve this matter; and
WHEREAS, based upon the representations of the Business Administrator, the Director of Communications, Corporation Counsel, the Governing Body has determined that it is in the best interest of the taxpayers to settle and avoid the cost, expense, delay and uncertainty of litigation; and
WHEREAS, the Acting Director of the Department of Finance has certified that there are adequate, appropriated monies available to pay settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Corporation Counsel is authorized on behalf of the City of Newark to negotiate and 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 within resolution and settlement of this matter pursuant to the terms contained in the Settlement Agreement and Release attached hereto.
2. Upon receipt by the Corporation Counsel of all supporting documents, the Acting Director of Finance is hereby authorized to issue payment to Soraida Peres, Inc., 44 Berkeley Avenue, Newark, New Jersey 07104, in the amount of $26,842.01(Twenty Six Thousand Eight Hundred Forty Two Dollars and One Cent), by check made payable to Soraida Peres, Inc., as consideration of and pursuant to the terms and conditions contained in the Settlement Agreement and Release annexed hereto.
3. In exchange for the execution by Soraida Peres, Inc., of the Settlement Agreement and Release, acceptable in form to the Corporation Counsel and after passage of this resolution and upon receipt by the Corporation Counsel and the Acting Director of Finance of any and all other documents deemed necessary, the Acting Director of Finance of the City of Newark is hereby authorized to issue a check made payable to Soraida Peres, Inc.
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 recommendation of Counsel and to eliminate all risk and future litigation costs.
5. Attached hereto is a certification of funds issued by the Acting Director of Finance, City of Newark, which states there are available sufficient, legally appropriated funds from Fund Business Unit NW011, Dept. ID 200, Div/Proj. 2001, Account# 96770, in the amount of $26,842.01( Twenty Six Thousand Eight Hundred Forty Two Dollars and One Cent), for the purposes set forth hereinabove. A copy of the Certification of Funds 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 Director of Communications.
Statement
This resolution authorizes the settlement of a demand for payment from Soraida Peres, Inc., 44Berkeley Avenue, Newark, New Jersey 07104, in the amount of $26,842.01( Twenty Six Thousand Eight Hundred Forty Two Dollars and One Cent), in exchange for the execution of a Settlement Agreement and Release