Title
Dept./ Agency: Law
Action: (X) Ratifying (X) Authorizing ( ) Amending
Purpose: Pre-Litigation Settlement
Docket No.: Not Applicable
Claimant: Geneva Worldwide, Inc., 256 West 38th Street, 10th Floor, New York, New York 10018
Claimant's Attorney: Not Applicable
Attorney's Address: Not Applicable
Settlement Amount: $79,572.92
Funding Source: Budget 2023/Department of Health and Community Wellness/Business Unit NW026 Account# 46545 Budget Ref: B2023
Additional Comments:
This Settlement Agreement resolves all outstanding invoices for Geneva Worldwide, Inc., for providing interpretation and documents translation.
body
WHEREAS, ambulatory care requires that clinics serving a non-English speaking population shall have either a language interpreter on staff or have a language interpreter immediately available, under contract, or by telephone conference call; and
WHEREAS, the City’s Department of Health and Community Wellness (DHCW) provides primary medical and mental health services to all Newark residents; and
WHEREAS, the Federally Qualified Health Center used a contracted vendor Geneva Worldwide, Inc. for language interpretation for its’ non-English speaking population; and
WHEREAS, the Geneva World Wide ‘Inc.’s contract terminated on December 31, 2019; and
WHEREAS, the City of Newark (the “City”) went out to bid and due to vendor questions the process became protracted; and
WHEREAS, the City continued to provide clinical services and continued using Geneva Worldwide, Inc., for translations services from January 1, 2020 through October 24, 2022; and
WHEREAS, Geneva Worldwide, Inc., submitted invoices for language translation and interpretation services to the DHCW for an amount not to exceed Seventy-Nine Thousand Five Hundred Seventy-Two Dollars and Ninety-Two Cents ($-----79,572.92) (the “Claim”) to cover the period in which it did not have a contract and it was still providing services; and
WHEREAS, the Director of the DHCW confirmed that the City received the benefit of language translation and interpretation services without a contract and is requesting the outstanding bills be paid by a settlement (Memorandum to Corporation Counsel, attached hereto and made a part of); and
WHEREAS, to avoid the costly expense of litigation, Geneva Worldwide, Inc., and the City’s Corporation Counsel (the “Parties”) desire to amicably resolve this matter prior to the commencement of any litigation and have agreed to settle the matter of payment by the City in the amount of Seventy-Nine Thousand Five Hundred Seventy-Two Dollars and Ninety-Two Cents ($-----79,572.92) (the “Settlement Sum”), in exchange for Geneva Worldwide, Inc,. execution of this Settlement Agreement and General Release, as a full and complete release of the Claim, including any claims for attorney’s fees.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor of the City of Newark and/or his designee, the Corporation Counsel are hereby authorized on behalf of the City of Newark, to enter into, execute and accept the terms of the Settlement Agreement and Release (the “Agreement”) between the City and Geneva Worldwide, Inc., 256 West 38TH Street, 10th Floor, New York, New York 10018.
2. Pursuant to the Settlement Agreement and Release, the City shall pay Geneva World Wide, Inc. , the settlement sum of Seventy-Nine Thousand Five Hundred Seventy-Two Dollars and Ninety-Two Cents ($-----79,572.92) to be paid, via check made payable to: Geneva Worldwide, Inc., for providing translation services.
3. Attached hereto is a Certification of Funds - Business Unit NW026, Account# 46545, Budget Ref: B2023; which encumbers the funds for the purpose set forth hereinabove. The Director of the Department of Finance is hereby authorized and directed to issue a check in the amount Seventy-Nine Thousand Five Hundred Seventy-Two Dollars and Ninety-Two Cents ($-----79,572.92), made payable to: Geneva Worldwide, Inc., 256 West 38TH Street, 10th Floor, New York, New York 10018, upon receipt by the Corporation Counsel of all settlement documents deemed necessary.
4. The 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 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 entering into and executing this Settlement Agreement and Release with Geneva Worldwide, Inc., 256 West 38TH Street, 10th Floor, New York, New York 10018 and paying the settlement sum of $-----79,572.92, in return for a full Settlement Agreement and Release by Geneva Worldwide, Inc.