Title
Dept/Agency: Offices of Municipal Council/City Clerk
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Authorize payment
Purpose: Payment of vendor for work performed
Entity Name: Public Works Management, LLC.
Entity Address: 35 Janeway Place Morris Plains, New Jersey 07950
Payment Amount: $67,987.50
Funding Source:
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( X ) n/a
Additional Information:
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WHEREAS, the Newark Municipal adopted resolution 7R9-j on August 3, 2011 which authorized a contract with Public Works Management, LLC, 35 Janeway Place, Morris Plains, NJ 07950, and
WHEREAS, this contract required Public Works management, LLC, to conduct fee structure studies and development and provide utility commissions monitoring and advice for the City of Newark, and
WHEREAS, the contract terminated on August 2, 2012, and
WHEREAS, at the request of the Newark Municipal Council Public Works Management, continued to perform these tasks and/or other related tasks of the original contract while a new contract resolution was prepared, and
WHEREAS, Public Works Management had continued to provide services at the request of the Newark Municipal Council; and
WHEREAS, all services were provided to the satisfaction of the Newark Municipal Council; and
WHEREAS, this resulted in a monies owed by the City of Newark to Public Works Management for which the vendor now seeks payment, and
WHEREAS, the Newark Municipal Council agrees that the work has been satisfactorily performed and payment is due.
WHEREAS, the parties have agreed to settle this matter for payment in the amount of $67,987.50 for all services rendered to present.
NOW BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. It does hereby acknowledge and agree with the payment owed to Public Works Management and authorize the payment of a sum not to exceed $67,987.50 for all services rendered to date.
2. The Corporation Counsel is hereby authorized on behalf of the City of Newark to negotiate and execute a Settlement Agreement and Release any other documents, sufficient in form and content to 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 the within Resolution.
3. Upon receipt by the Corporation Counsel of all supporting documents, the Director of Finance is hereby authorized to issue payment to Public Works Management, 35 Janeway Place, Morris Plains, NJ 07950-2501, in the amount of $67,987.50, as consideration of and pursuant to the terms and conditions contained in the Settlement Agreement and Release annexed hereto.
4. In exchange for the execution by Public Works Management, of the Settlement Agreement and Release, 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 hereby authorized to make the payment for the benefit of Public Works Management.
5. The within 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 counsel and to eliminate all risks and future litigation costs.
6. A fully executed copy of the Settlement Agreement and Release shall be filed in the office of the City Clerk by Corporation Counsel.
7. This Resolution shall be effective upon adoption in accordance with applicable State law.
STATEMENT
This resolution authorizes the settlement of a demand for payment from Public Works Management, LLC 35 Janeway Place, Morris Plains, NJ 07950-2501, through the payment of the lump sum of $67,987.50 in exchange for the execution of a Settlement Agreement and Release