TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Approve the Issuance of a Cure Notice to Xerox Corporation and Authorize Termination of the Lease Pricing Proposal Agreement if the Deficiencies are not Cured Between the City of North Port, Florida, and Xerox Corporation, in the Amount of $381,879, Purchased Under the University of South Florida Contract No. 2024-097-ITN-PRO.
Recommended Action
Option 1: Approve the issuance of a Cure Notice to Xerox Corporation and authorize termination of the Lease Pricing Proposal Agreement if the deficiencies are not cured between the City of North Port, Florida, and Xerox Corporation, in the amount of $381,879, purchased under the University of South Florida Contract No. 2024-097-ITN-PRO.
City Commission Options
Option 1: Approve the issuance of a Cure Notice to Xerox Corporation and authorize termination of the Lease Pricing Proposal Agreement if the deficiencies are not cured between the City of North Port, Florida, and Xerox Corporation, in the amount of $381,879, purchased under the University of South Florida Contract No. 2024-097-ITN-PRO.
* Pros:
o Issuing a Cure Notice formally documents the City's concerns and gives Xerox written notice of required corrective actions. This strengthens the City's legal position by showing it followed contractually required steps before considering termination.
o Per the Xerox MSA - USF ITN 2024-097-ITN-PRO-USF Signed and Xerox Countersigned, cure opportunities are part of the termination prerequisites. Approving the cure notice ensures the City meets these obligations, preserving its right to terminate without financial penalty if Xerox fails to cure the identified issues.
o Proceeding with a Cure Notice demonstrates good-faith compliance with the Contract. This reduces the risk of Xerox arguing that the City failed to follow required procedures, which could otherwise weaken a breach of claim or lead to c...
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