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HomeMy WebLinkAboutPR 20005: CANCELLING THE CONTRACT WITH EP HVAC City of ort rrltur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: November 22, 2017 To: The Honorable Mayor and City Council Through: Dr. Jimmie Johnson, Acting City Manager From: Armando Gutierrez, Jr., P.E., Director of Public Works RE: P.R. 20005 —Cancelling the Contract with EP HVAC Introduction: Acceptance of cancelation of the contract between the City of Port Arthur and EP HVAC of Beaumont, Texas for the Air Conditioning and Heating Maintenance and Repair Contract. Background: On January 17, 2017, City Council approved Resolution No. 17-006 entering into a contract with EP HVAC of Beaumont, Texas to perform maintenance services on five (5) ton units and greater for City facilities. EP HVAC informed the City via letterhead declaring "insolvency", stating the company can no longer perform maintenance services as per agreement. The Engineering Department will solicit for bids upon acceptance of contract cancellation by city council. Budget Impact: N/A Recommendation: It is recommended that the City Council approve P. R. No. 20005 authorizing the City Acting City Manager to cancel the HVAC contract with EP HVAC of Beaumont, Texas for the Air Conditioning and Heating Maintenance and Repair contract. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. No. 20005 11/15/17 rtb RESOLUTION NO. A RESOLUTION TERMINATING THE CONTRACT WITH EP HVAC OF BEAUMONT, TEXAS FOR AIR CONDITIONING AND HEATING MAINTENANCE AND REPAIR CONTRACT FOR THE CITY OF PORT ARTHUR BUILDINGS. WHEREAS, per Resolution 17-006, the City Council awarded a contract to EP HVAC with the option of renewal for two (2) additional one (1) year terms for an HVAC Repair Contractor to perform maintenance on five (5) ton units and greater for the various City Buildings on January 17, 2017 ; and, WHEREAS, the City received a letter from EP HVAC dated October 23, 2017 and has declared insolvency (see attached Exhibit "A") and are providing notice that it is unable to continue the HVAC maintenance services per agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Council of the City of Port Arthur hereby terminates the contract with EP HVAC of Beaumont and authorizes the Purchasing Department to solicit bids for HVAC maintenance services; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2017 at a meeting of the City of Port Arthur, Texas by the following vote: P.R. 20005 Page 2 Ayes: Mayor: Councilmembers: Noes: Mayor Derrick Freeman Attest: City Secretary Sherri Bellard APP9.OVED A'. TO FORM: APPROVED FOR ADMINISTRATION: ILA Valecia Tizm IF Dr. Jimmie Johnson City Attorney Acting City Manager APPROVED: Armando Gutierrez, Jr., P.E. Directore_606,k. of//Public Works / u`.4JJf 4 ict, Clifton Williams, CPPB Purchasing Manager EXHIBIT A 0 ®EP H VAC �nc. 2100 Wellspring Beaumont,Texas 77705 409.722.8670 Main 409.722.8893 Fax www.ephvac.us Halifax,Canada - Montreal,Canada - Rotterdam,Netherlands - Beaumont,Texas City of Port Arthur,TX 23 October 2017 Attention: Mr.Clifton Williams,Acting Purchasing Manager 444 4th Street P.O. Box 1089 Port Arthur,Texas 77641 Subject: Air Conditioning and Heating Maintenance and Repair Dear Mr.Williams, I am writing to personally inform you that EP HVAC US Inc.,while struggling financially for months, has sadly become insolvent. In fairness to our staff,who depend on the business and its ability to meet payroll,we had to release our hourly workers this past Friday. Over the past year our efforts to restructure the business and its financing have not worked as we'd hoped.We are contacting the Texas Workforce Commission today to advise them of our changed standing. As we informed our employees,the business condition is not a reflection of their hard work and dedication.They have worked diligently to service the City of Port Arthur's facilities,and we've been fortunate to have them as part of our team. Our Beaumont Office Manager, Ms.Trish Carcara,will remain to assist with the orderly exit of the business in the coming weeks as we satisfy our financial obligations with suppliers.The business has been viable since we opened in 2009, but as with many firms over the past years,economic conditions have taken a toll. Thank you for your understanding in this matter, I can be reached directly at (902)405-4120 for any further information you may need. Sincerely, / f/(-- . W. Kevin Downs, P.Eng. President, EP HVAC US Inc. 1 Designed to Work in the World's Toughest Environments,Yours.