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-