File #: 12-2183    Version: 1 Name: Settlement agreement with vendor
Type: Resolution Status: Filed
File created: 11/11/2012 In control: Law
On agenda: 12/19/2012 Final action: 12/19/2012
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: N/A Claimant: Bismark Construction Corp. Claimant's Attorney: Paul A. Alongi Attorney's Address: 119 Littleton Road, Parsippany, New Jersey 07054 Settlement Amount: $200,000.00 Funding Source: Fund 025, Dept. 25T, Agency 5T25, Acct 96320 Additional Comments: Invitation: Corporation Counsel, December 18, 2012
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: N/A
Claimant: Bismark Construction Corp.
Claimant's Attorney: Paul A. Alongi
Attorney's Address: 119 Littleton Road, Parsippany, New Jersey 07054
Settlement Amount: $200,000.00
Funding Source: Fund 025, Dept. 25T, Agency 5T25, Acct 96320
Additional Comments:
Invitation: Corporation Counsel, December 18, 2012
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WHEREAS, the matter of Bismark Construction Corp. v. City of Newark was scheduled for mediation with the American Arbitration Association, in which the plaintiff sought recovery for non-payment of services rendered under Contract 16-2009 regarding Renovations to Archives Building Project located at 295 Halsey Street, Newark, New Jersey; and

WHEREAS, it has been determined that plaintiff rendered certain services and was not paid and a proposal has been made to resolve this matter by payment in the total amount of $200,000 (Two Hundred Thousand 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:

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.

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 $200,000 (Two Hundred Thousand Dollars), which payment will be made payable to “Bismark Construction Corp.,” and which payment will be mailed to Alongi & Associates, LLC, 119 Littleton Road, Parsippany, New Jersey, 07054.

Annexed hereto is the Certification of Funds issued by the Director of Finance, City of Ne...

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