...Title
Dept/ Agency: Water and Sewer Utilities
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Pre-Litigation Settlement
Docket No.: Not Applicable
Claimant: Fontus Blue, Inc., 107 Ziva Drive, Greensburg, Pennsylvania 15601
Claimant's Attorney: Not Applicable
Attorney's Address: Not Applicable
Settlement Amount: $70,000.00
Funding Source: 2024 Budget/Department of Water and Sewer/Fund 037, Dept. 750, Div/Proj. 7501, Account #71280, BudgetRef. 2024
Additional Comments:
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WHEREAS, in or around February 2020, the City of Newark, Department of Water and Sewer Utilities (“the Department”) through the City’s Office of Central Purchasing, purchased from Fontus Blue, Inc., 107 Ziva Drive, Greensburg, PA 15601 (“Fontus Blue”) Decision Blue software and licenses for water quality decision support software for an amount of $39,000.00, a one time setup fee of $21,500.00 and a remaining half of the then annual year $35,000.00 fee, of $17,500.00; and
WHEREAS, Decision Blue is decision support software which informs water treatment plants of the steps to improve water quality processes and issue, not limited to the highest priorities of the plant, being disinfection and disinfection byproducts as well as lead solubility; and
WHEREAS, the initial FY2020 payment for building Decision Blue and training of Pequannock Water Treatment Plant staff was $39,000.00, which covered a one time setup fee of $21,500.00 and a remaining half of the then annual year $35,000.00 fee, being $17,500.00; and
WHEREAS, the Pequannock Water Treatment Plant started entering data and using Decision Blue for water quality monitoring and treatment support in June 2020; and
WHEREAS, additional module modifications were made at the Department’s request to Decision Blue in 2021 and 2022 to support disinfection and disinfection byproduct management; and
WHEREAS, plant operations benefited from the software system and supporting services which improved the management of a critical water quality health-safety issue - managing disinfection residuals; and
WHEREAS, the Department continues to utilize Decision Blue and use its water quality monitoring and treatment support since June 2020 and paid Fontus Blue $35,000.00 for its 2023 Decision Blue subscription renewal; and
WHEREAS, through administrative error, the Department did not pay Fontus Blue for FY2021 and FY2022, license subscription renewal for a total outstanding amount of $70,000.00 ($35,000.00 per year for each year); and
WHEREAS, Fontus Blue provided the use of the software and licenses for FY2021 and FY2022 without interruption and the Department seeks to pay the outstanding invoices.
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 enter into a Settlement Agreement and Release with Fontus Blue, Inc., and any other documents, sufficient in form and content to the Corporation Counsel and to take whatever actions are necessary to effectuate the terms of the within resolution and settlement of this matter pursuant to the terms contained in this Resolution.
2. In exchange for the execution of the Settlement Agreement, acceptable in form to the Corporation Counsel and after passage of this Resolution and upon receipt by the Corporation Counsel and the Director of Finance of any and all other documents deemed necessary, the Director of Finance of the City of Newark is authorized to make payment in the sum of Seventy Thousand Dollars and Zero Cents ($70,000.00) by check made payable to Fontus Blue, Inc. 107 Ziva Drive, Greensburg, PA 15601 attention: Mel Hummel Romero, Operations Support Manager or electronic payment.
3. Certification of Funds form the Comptroller of the City of Newark in the amount of Seventy Thousand Dollars and Zero Cents ($70,000.00) is attached. Funds are available from Department of Water and Sewer Budget: Fund 037 Dept 750 Div/Proj 7501 Account 71280 Budget Reference 2024. A copy of the Certification(s) of Funds shall be filed in the Office of the City Clerk along with a copy of this resolution for each payment.
4. A fully executed copy of the Settlement Agreement and Release shall be filed in the office of the City Clerk by the Corporation Counsel.
STATEMENT
This Resolution authorizes the pre-litigation settlement between the City of Newark and Fontus Blue, Inc. in the amount of $70,000.00 for the use of the software and licenses for FY2021 and FY2022.