Loading...
HomeMy WebLinkAboutRES NO 08A-51RESOLUTION NO. 8A-51 WHEREAS, this Council on August 14, 1950, authorized and directed the Purchasing Agent to advertise for sealed proposals for the furnishing to the City of Bakersfield of twenty-one (21) motorcycle radio receivers and twenty-one (21) motorcycle radio transmitters, and said Purchasing Agent did so advertise, and WHEREAS, on September 11, 1950, this Council determined 'Chat Link Radio Corporation, of 125 West 17th Street, New York ll, New York, was the lowest responsible bidder for the furnishing of ,said equipment, and awarded the contract for the furnishing of said equipment to said corporation, and WHEREAS, in accordancel~.with the proposal of said corporation and award of the City Council, contract was entered into and Purchase Order No. 9288~ was placed with said corporation on Sep- tember 13, 1950, for the furnishing of said 'equipment to the City of Bakersfield+within 60-90 days after the receipt of order by said corporation, which was in accordance with said corporation' s bid proposal, and WHEREAS, said corporation' acknowledged receipt of said order on October 6, 1950, and WHEREAS, the period of time within which delivery of said equipment was to have been made has expired, and said corporation has failed, neglected and refused to make delivery of said equip- ment within the aforesaid period, although said delivery has been demanded, and has indicated that there will be a delay of from two to three months beyond the maximum time provided in its contract and bid before said equipment can be delivered, and WHEREAS, from the nature of said contract and the circum- stances surrounding it, including the immediate necessity of furn- ishing police motorcycles now being operated with said equipment and the increasing difficulty in procuring the same due .to shortages of critical material, time is of the essence, md the delay in performance of its contract by said corporation is not capable of exact or entire compensation, and constitutes a material breach of said contract, Justifying its termination by the City of Bakers- field, and WHEREAS, due to the aforesaid shortages of critical materials and the immediate need for the aforesaid equipment, an emergency exists making it necessary that immediate steps be taken to procure the same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the .City of Bakersfield that the aforesaid contract with Link Radio Corporation and the aforesaid Purchase Order No. 9288 for the furnishing of twenty-one (21) motorcycle radio receivers end twenty- one (21) motorcycle radio transmitters be and the same is hereby terminated and cancelled, except for the purpose of holding said corporation responsible in damages for its breach. l, BE IT FURTHER RESOLVED that the City' Manager of the City of Bakersfield be and he is hersby authorized to purchase said motor- cycle radio receivers and motorcycle radio transmitters in the open market upon terms most advan~tageous to City.--- The Clerk of this CounCil is hereby directed to forward a certified copy of this .Resolution to Link Radio Corporation, 12~ West 17th Street, New York ll, New York. ......... o0o ......... I HEREBY CERTIFY that the foregoing Resolution was passed sa~d adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the'.l~th day of January, 1951, by ths foi- l. owing vote: J~L~ City Cle~ and Ex o Clerk of the Council of the City of Bakersfield. of Bakersfield. 1951-