From: Brian Arnold
Sent: Monday, May 06, 2013 11:13 AM
Fred et al:
Attached is the copy of the Change Order #5. Section 3 at the bottom says, “IF the underlying Federal grant is extended beyond January 31, 2013, the Parties will meet to discuss the extension of time of the agreement to deal with installs turned over to Power Up to be accomplished after January 31, 2013 upon substantially the same terms and conditions.”
No one from Power Up was ever contacted to do what the Change Order clearly states that the Parties WILL meet to discuss. Instead, the city has chosen to negotiate a deal with Western and pay them multiples over Power Up’s pricing plus additional sums for multiple administrative costs. This was a term and condition of the Change Order that is part and parcel to our overall agreement of the change. This is not dealing in good faith and the people are paying double – triple – quadruple or more?? Not to even mention all that we discussed today in our meeting together where all of the protocols that we developed are now incorporated into the proposed change order to Western.
Fred, you and I specifically negotiated that clause and I have notes and emails that support it. The statement in the Board Bill report is factually false that Power Up could not commit. We were never asked. All we were charged to accomplish was the highest number of installs possible by January 31st as this Change Order clearly states.