File #: 20-0464    Version: 1 Name: Pre-Litigation Settlement (Brent Materials)
Type: Resolution Status: Adopted
File created: 3/25/2020 In control: Law
On agenda: 6/24/2020 Final action: 6/24/2020
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Pre-Litigation Settlement Docket No.: N/A Claimant: Brent Material Company, 325 Columbia Turnpike, Suite 308, Florham Park, New Jersey 07932 Claimant's Attorney: N/A Attorney's Address: N/A Settlement Amount: $65,325.15 Funding Source: 2019 Budget/Department of Water and Sewer Utilities/Business Unit: NW037, Dept. ID 756, Div./Proj. 7562, Account Code 83730, Budget Ref: B2019 Additional Comments:
Sponsors: Council of the Whole
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Pre-Litigation Settlement
Docket No.: N/A
Claimant: Brent Material Company, 325 Columbia Turnpike, Suite 308, Florham Park, New Jersey 07932
Claimant's Attorney: N/A
Attorney's Address: N/A
Settlement Amount: $65,325.15
Funding Source: 2019 Budget/Department of Water and Sewer Utilities/Business Unit: NW037, Dept. ID 756, Div./Proj. 7562, Account Code 83730, Budget Ref: B2019
Additional Comments:
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WHEREAS, Brent Material Company, 325 Columbia Turnpike, Suite 308, Florham Park, New Jersey 07932, provides services as a stocking distributer for Construction materials for Water Works, Sewer Storm Drainage and Erosion Control System; and

WHEREAS, the City of Newark, Department of Water and Sewer Utilities immediately required materials to repair a water main in its distribution systems; and

WHEREAS, the City of Newark, Department of Water and Sewer Utilities, under the belief that its contract with Brent Material Company was still in place, ordered parts for the repair; and

WHEREAS, the contract had, in fact, already expired; and

WHEREAS, as requested, Brent Material Company provided the parts to the City of Newark's satisfaction; and

WHEREAS, the Department of Water and Sewer Utilities was unaware that this amount would exceed the annual allotment for this type of open market services for 2019; and

WHEREAS, Brent Material Company submitted invoices for the services rendered; and

WHEREAS, Brent Material Company is entitled to payment for rendering services but cannot be paid through the City's purchase order process as the Department of Water and Sewer Utilities has exceeded the 2019 open market allotment and

WHEREAS, on January 9, 2020, Brent Material issued a demand letter for payment of the following outstandi...

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