Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO AUTHORIZE County Administrator to approve and execute an agreement addressing, on terms she determines are in the best interest of the County and after consultation with the County Attorney, the County's objections to the assumption and assignment of Broward County's contracts for the purchase of electric transit buses from Proterra, Inc., to Phoenix Motor, Inc., in the matter of Proterra, Inc., Case No. 23-11120, pending before the U.S. Bankruptcy Court for the District of Delaware, subject to approval by the Office of the County Attorney as to form and legal sufficiency.
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Why Action is Necessary
Board approval of this item would authorize the County Administrator to approve and execute the above-referenced agreement, which is still being finalized. Execution of the agreement may be required at a time that does not permit timely Board approval of the agreement.
What Action Accomplishes
Authorizes the County Administrator to approve and execute the agreement.
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Previous Action Taken
Summary Explanation/Background
The County entered into contracts whereby the County would purchase 42 electric buses from Proterra, Inc. (Proterra), which would manufacture, deliver, and provide warranty service on the buses. To date, Proterra has delivered, and the County has paid for, some but not all of the 42 buses ordered. Last year, Proterra filed its Chapter 11 bankruptcy petition. As part of its bankruptcy, Proterra has obtained approval of the court to assign the County's contracts to Phoenix Motor, Inc. (Phoenix).
Broward County Transit (BCT) staff is concerned about Phoenix's ability to meet the warranty and other obligations to the County for buses that have been delivered and those that are still to be delivered under the Proterra con...
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