Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Pre-litigation Settlement Agreement
Entity Name: Scarinci Hollenbeck, LLC
Entity Address: 150 Clove Road, 9th Floor, Little Falls, New Jersey 07424
Settlement Amount: $50,350.00
Funding Source: 2022 Budget/Law Department- NW011 045 0451 71260 B2022
Contract Period: [March 1, 2022 through November 30, 2022]
Additional Comments:
body
WHEREAS, from March 1, 2022 through November 30, 2022, the City of Newark (the "City") utilized the services of Scarinci Hollenbeck, LLC, who provided Special Legal Services for Collective Bargaining and Labor Negotiations; and
WHEREAS, a settlement proposal has been made to resolve this claim in its entirety by payment in the total amount of Fifty Thousand Three Hundred Fifty Dollars and Zero Cents ($50,350.00) ("Settlement Sum"), and execution of a Settlement Agreement and Release; and
WHEREAS, there remains no other outstanding balance for the legal professional services provided to the City of Newark from March 1, 2022 through and including November 30, 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 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, attached hereto.
2. Upon receipt by the Corporation Counsel of all documents deemed necessary, the Assistant Director of the Department of Finance is hereby authorized and directed to issue payment in the amount of Fifty Thousand Three Hundred Fifty Dollars and Zero Cents ($50,350.00) which payment will be made payable Scarinci Hollenbeck, LLC, 150 Clove Road, 9th Floor, Little Falls, New Jersey 07424.
3. Annexed hereto is the Certification of Funds issued by the Assistant Director of the Department of Finance, City of Newark, which states that there are available sufficient legally-appropriate funds from Business Unit NW011, Dept. ID 045, Division/Project 0451 and Account #71260 B2022, in the amount of Fifty Thousand Three Hundred Fifty Dollars and Zero Cents ($50,350.00) 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. This Resolution shall be effective upon adoption in accordance with applicable State Law.
7. 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 claim pertaining to legal services rendered from March 1, 2022 through November 30, 2022, with Scarinci Hollenbeck, LLC in the amount of Fifty Thousand Three Hundred Fifty Dollars and Zero Cents ($50,350.00), in exchange for Claimant's dismissal of any and all claims against the City of Newark and its employees, and a complete release.