Explanation
BACKGROUND: This ordinance authorizes the City Attorney, on behalf of the Department of Public Utilities, to compromise and settle a lawsuit brought against the City by Jess Howard Electric Company (“Jess Howard”) related to a contract dispute arising out of the Phase 3 - Street Light Maintenance 2011 Project. Jess Howard claimed damages in a total amount of $349,916.92 for additional work. Following mediation of the dispute, the Department of Public Utilities and Jess Howard determined that it is in the best interests of both parties to settle this lawsuit. The City has agreed to pay, and Jess Howard has agreed to accept, $240,000.00 in complete settlement of any and all of Jess Howard's claims related to this lawsuit. In consideration of the settlement amount, Jess Howard will dismiss the lawsuit and release the City and its employees from any liability for any claims asserted in the lawsuit.
This ordinance authorizes the City Attorney to compromise and settle this lawsuit and to resolve all issues and disputes now existing between Jess Howard and the City relating to the subject of the lawsuit, in the amount of $240,000.00 and to execute any necessary documents to effectuate the settlement.
FISCAL IMPACT: The City will make payment to Jess Howard Electric Company in the amount of $240,000.00. This ordinance authorizes the appropriation and expenditure of funds from the Electricity Operating Fund for this expenditure.
Title
To authorize the City Attorney, on behalf of the Department of Public Utilities, to compromise and settle the litigation captioned Jess Howard Electric Company v. City of Columbus pending in the Franklin County Court of Common Pleas in the total amount of $240,000.00; to authorize the appropriation and expenditure of $240,000.00 within Electricity Operating Fund; and to declare an emergency ($240,000.00).
Body
WHEREAS, on February 17, 2014 Jess Howard Electric Company filed a lawsuit in the Franklin Coun...
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