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         
body
 
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:
    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 $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.  
    1. Annexed hereto is the Certification of Funds issued by the Director of Finance, City of Newark, which states that there are available sufficient legallyappropriated funds from Fund 025, Dept. 25T, Agency 5T25, Acct 96320 in the amount of $200,000 (Two Hundred Thousand Dollars), for the purpose set forth herein.  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.
    1. A fully executed copy of the Settlement Agreement shall be filed in the Office of the City Clerk by the Corporation Counsel.
    1. This resolution shall be effective upon adoption in accordance with applicable State Law.
 
STATEMENT
 
This Resolution authorizes the Corporation Counsel on behalf of the City of Newark to enter into a Settlement Agreement and Release to settle the matter captioned Bismark Construction Corp. v. City of Newark, in the amount of $200,000, in exchange for Plaintiff's dismissal of the demand for mediation with the American Arbitration Association.