File #: 12-1426    Version: 1 Name:
Type: Resolution Status: Filed
File created: In control: Law
On agenda: 8/1/2012 Final action: 8/1/2012
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: ESX-L-2946-11 Claimant: Guardian Fence Co., Inc. Claimant's Attorney: Francis J. Panzini-Romeo, Esq. Attorney's Address: Falkin & Panzini-Romeo, LLC, 30A Vreeland Road, Suite 100, Florham Park, New Jersey 07932 Settlement Amount: $41,278.00 Funding Source: City of Newark Additional Comments: Invitation: Corporation Counsel, July 31, 2012 (date to be entered by Clerk’s Office)
Title
Dept/ Agency:  Law
Action:  (   ) Ratifying     (X) Authorizing     (   ) Amending
Purpose:  Settlement of Civil Litigation
Docket No.: ESX-L-2946-11        
Claimant: Guardian Fence Co., Inc.      
Claimant's Attorney:  Francis J. Panzini-Romeo, Esq.       
Attorney's Address:  Falkin & Panzini-Romeo, LLC, 30A Vreeland Road, Suite 100, Florham Park, New Jersey 07932
Settlement Amount: $41,278.00
Funding Source: City of Newark
Additional Comments:                                       
Invitation: Corporation Counsel, July 31, 2012 (date to be entered by Clerk's Office)          
body
 
WHEREAS, a suit was instituted in the Superior Court of New Jersey, Law Division, Essex County, captioned Guardian Fence Co., Inc. v. City of Newark, Superior Court of New Jersey, Docket Number: ESX-L-2946-11, in which the plaintiff sought recovery for non-payment of services rendered under contract; and
 
WHEREAS, it has been determined that plaintiff rendered certain services and was not paid and a proposal has been made to resolve this litigation by payment in the total amount of $41,278.00 (Forty-One Thousand  Two Hundred and Seventy-Eight Dollars); and
 
      WHEREAS, the Corporation Counsel based upon all facts and circumstances deems it in the best interest of the City of Newark to resolve said matter by payment of the proposed Settlement.
 
      NOW, THEREFORE, BE IT RESOLVED BY THE 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.
    1. Upon receipt by the Corporation Counsel of all documents deemed necessary, the Director of Finance is hereby authorized and directed to issue a check in the amount of $41,278.00 (Forty-One Thousand Two Hundred and Seventy-Eight Dollars), made payable to "Guardian Fence Co., Inc. and Frances J. Panzini-Romeo, Esq.," which will be mailed to Falkin & Panzini-Romeo LLC, 30A Vreeland Road, Suite 100, Florham Park, New Jersey 07932.  
    1. Annexed hereto is the Certification of Fundsthe Comptroller of the City of Newark issued by the Director of Finance,  which states that there are available sufficient legally appropriated funds from Fund 0112102101, A-95220 in the amount of $41,278.00 (Forty-One Thousand  Two Hundred and Seventy-Eight Dollars), for the purpose set forth herein
    3. A fully executed copy of the Settlement Agreement, the Comptroller's Certification, and the Resolution shall be filed in the Office of the City Clerk by the Corporation Counsel.
 
 
STATEMENT
 
This Resolution authorizes the Corporation Counsel, on behalf of the City of Newark, to enter into a Settlement Agreement and Release to settle civil litigation captioned Guardian Fence Co., Inc. v. City of Newark, Superior Court of New Jersey, Docket Number: ESX-L-2946-11, in the amount of $41,278.00, in exchange for Plaintiff's dismissal of any and all claims against the City of Newark.