CLARK COUNTY BOARD OF COMMISSIONERS
AGENDA ITEM
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Petitioner: |
Jessica Colvin, Chief Financial Officer Daniel Hernandez, Director of Parks and Recreation |
Recommendation:
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Approve the termination of the Contract with Joshua Levine dba Fired Up Management, LLC, for CBE No. 606718-23, for Desert Breeze Special Events Sculpture; or take other action as appropriate. (For possible action)
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FISCAL IMPACT:
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Fund #: |
N/A |
Fund Name: |
N/A |
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Fund Center: |
N/A |
Funded PGM/Grant: |
N/A |
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Amount: |
N/A |
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Description: |
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Additional Comments: |
None |
BACKGROUND:
On May 9, 2024, in accordance with the NRS 332 Resolution approved by the Board of County Commissioners (Board), the Department of Finance, Purchasing and Contracts Division approved the award of CBE No. 606718-23 to Joshua Levine dba Fired Up Management, LLC (NBE) in the amount of $160,000 for the purchase and installation of a sculpture at Desert Breeze Park.
The following are the pertinent provisions of the Contract:
• The term of the Contract was from date of award through June 30, 2024, and included a 6-month extension.
• Included the County’s option to terminate for cause, convenience or default and suspend the Contract with advanced written notice.
On October 7, 2024, Fired Up Management, LLC terminated its agreement with Fez BeGaetz dba Alchemy Arts, the artist who created the sculpture for Desert Breeze Park. Clark County paid Fired Up Management, LLC $46,390 towards the purchase of this artwork. Since Fired Up Management, LLC has terminated their agreement to purchase the artwork, they are unable to complete their contract with Clark County and to date these funds have not been returned.
On December 26, 2024, the Purchasing and Contracts Division issued a Notice of Intent to Terminate Contract for Cause and Notice of Meeting to Consider Administrative Action, by certified letter giving the minimum 21 working days’ notice. This letter stipulated that the Contract would be terminated effective February 18, 2025, subject to the Board's approval. Staff recommends that the Board terminate the Contract with Joshua Levine dba Fired Up Management, LLC.
This action is in accordance with Page 5, Section IX: Suspension and Termination, Termination for Cause.