DATE: February 25, 2016
TO: Board of Mayor and Aldermen
FROM: Eric Stuckey, City Administrator
Vernon Gerth, ACA Community and Economic Development
Lisa Clayton, Parks Director
Brian Wilcox, Purchasing Manager
SUBJECT:
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Consideration of Resolution 2016-13, a Resolution terminating COF Contract No. 2015-0377 with Charlie Irwin Painting. (03-09-16 WS)
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Purpose
The purpose of this memorandum is to provide information to the Franklin Board of Mayor and Aldermen (BOMA) concerning the right to exercise the termination clause within the procurement agreement of COF Contract No. 2015-0377 with Charlie Irwin Painting.
Background
On January 4, 2016, the City awarded Charlie Irwin Painting a bid award for improvements to the shelter at Bicentennial Park. The shelter was to be sandblasted and painted by the end of May 2016. During the same time bidding of the painting of the shelter was in process, a structural analysis was being completed for the shelter to house a dry fire suppression system, electrical and plumbing requirement for occupancy.
It is recommended that further design services be required and the bid cannot be met as well as some scope changes may occur. Therefore, the City is exercising the right to use the “termination” clause within the procurement agreement signed by all parties in January. The termination clause states that “unless the City indicated otherwise for a specific procurement solicitation, either party may terminate these Standard Procurement Terms and Conditions, with or without cause, upon thirty (30) calendar days; notice to the other.”
The Parks Department has made personal contact with the vendor to explain the circumstances. Both parties are in agreement of exercising the termination clause within the current contract. This action should not be seen as a negative reflection upon the vendor but unforeseen circumstances the City Parks Department encountered during the project.
Financial Impact
The original bid was for a total lump sum of $78, 836.
Recommendation
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Staff recommends the City exercise the right to use the termination clause within the procurement agreement of COF Contract No. 2015-0377 giving the City Administrator the authority to do so in writing to the vendor.