Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Professional Services
Claimant: Big Apple Elevator Service & Consulting LLC
Settlement Amount: $82,897.50
Funding Source: Fund 011, Dept ID 066, Division 0665, Account 71560, Bud Ref B2025
Additional Information:
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WHEREAS, from August 1, 2022 through December 31, 2022, the City of Newark (the “City”) utilized the professional services of Big Apple Elevator Service & Consulting LLC; and
WHEREAS, there remains an outstanding balance for the professional services provided to the City of Newark from August 1, 2022 through and including December 31, 2022; and
WHEREAS, to avoid the costly expense of litigation, the Parties and the City’s Corporation Counsel desire to amicably resolve this matter with payment by the City of the Settlement Sum, in exchange for the execution of the Settlement Agreement and Release (attached) as a full and complete release of the matter; and
WHEREAS, a settlement proposal has been made to resolve this claim by payment in the total amount of Eight Thousand Eight Hundred Ninety-Seven Dollars and Fifty Cents ($82,897.50) (“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 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 Director of Finance is hereby authorized and directed to issue payment in the amount of Eight Thousand Eight Hundred Ninety-Seven Dollars and Fifty Cents ($82,897.50) in which payment will be made payable to Big Apple Elevator Service & Consulting LLC and mailed to 408 Harrison Avenue, Union Beach, New Jersey 07735.
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 Fund 011, Dept ID 066, Division 0665, Account 71560, Bud Ref B2025 in the amount of Eight Thousand Eight Hundred Ninety-Seven Dollars and Fifty Cents ($82,897.50) 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. 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 to settle claim with Big Apple Elevator Service & Consulting LLC in the amount of Eight Thousand Eight Hundred Ninety-Seven Dollars and Fifty Cents ($82,897.50), to remit payment for professional services from August 1, 2022 through December 31, 2022 in exchange for dismissal of any and all claims against the City of Newark and its employees, and a complete release.