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Title:
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Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Entity Name: Newark Community Street Team
Entity Address: 400 Hawthorne Avenue, Newark, New Jersey 07112
Settlement Amount: $100,000.00
Funding Source: 2023 Budget/Department of Administration/NW051-051-G23-A23A0-71280-B2023
Additional Comments:
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Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Entity Name: Newark Community Street Team
Entity Address: 400 Hawthorne Avenue, Newark, New Jersey 07112
Settlement Amount: $100,000.00
Funding Source: 2023 Budget/Department of Administration/NW051-051-G23-A23A0-71280-B2023
Additional Comments:
body
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 $44,000.00 without the approval of the Municipal Council; and
WHEREAS, a settlement proposal has been made to resolve this claim in its entirety by payment in the total amount of One Hundred Thousand Dollars and Zero Cents ($100,000.00) ("Settlement Sum"), and execution of a Settlement Agreement and Release; 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; and
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 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 Finance is hereby authorized and directed to issue payment in the amount of One Hundred Thousand Dollars and Zero Cents ($100,000.00) which payment will be made payable Newark Community Street Team which payment will be mailed to 400 Hawthorne Avenue, Newark, New Jersey 07112.
3. Annexed hereto is the Certification of Funds issued by the Director of Finance, City of Newark, which states that there are available sufficient legally-appropriate funds from Business Unit NW051, Dept. ID G23, Division/Project A23A0 and Account # 71280-B2023, in the amount of One Hundred Thousand Dollars and Zero Cents ($100,000.00) 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 a Settlement Agreement and Release with the Newark Community Street Team in the amount of One Hundred Thousand Dollars and Zero Cents ($100,000.00) in exchange for the waiver of the filing of any and all potential or future claims against the City of Newark and its employees, and a complete release.
Whereas,