Resolution No. 8848
. ..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
"-
18
19
20
21
22
23
24
25
26
27
28
t
~
~
RESOLUTION NO. 8848
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE TERMINATION OF
AN EQUIPMENT PURCHASE CONTRACT WITH COMSERCO, INC.
APPROVED BY RESOLUTION NO. 8579
WHEREAS, on October. 20, 2004, the City Council of the City
of Vernon adopted Resolution No. 8579 approving an Equipment Purchase
Contract (the "Contract"), with Comserco, Inc. ("Comserco") for the
purchase of a mobile laptop computer with all the necessary
installation hardware to be placed on the USAR Vehicle and three
additional sets of hardware for installing .three existing mobile
laptop computers on Fire Engine Nos. E12, E13 and the Reserve Command
Vehicle (collectively the "Equipment"); and
WHEREAS, subsequent to the City's execution of the Contract
on April 5, 2005, Comserco has failed to deliver the Equipment within
the specified delivery time in accordance with Section 2.1 of the
Contract and said failure to perform constitutes a material default of
the Contract; and
WHEREAS, by memo dated August 29, 2005, the Acting Fire
Chief has recommended that the City exercise its right to terminate
the Contract in accordance with Section 8.1 of the Contract.
WHEREAS, the City Council of the City of Vernon believes it
to be in the best interests of the City to terminate the Contract with
Comserco.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1:
The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
',,,,
~
.-
..
1 and correct.
2
SECTION 2:
The City Council of the City of Vernon hereby
3 approves the termination of the Contract.
4
SECTION 3:
The City Council of the City of Vernon hereby
5 authorizes and directs the Acting City Clerk, or his designee, to
6 notify Comserco in writing that the Contract is terminated pursuant to
7 Section 8.1 of the Contract, to be effective fifteen (15) calendar
8 days after notice is delivered pursuant to Section 11.4 of the
9 Contract.
10
SECTION 4:
The Acting City Clerk of the City of Vernon
11 shall certify to the passage of this resolution, and thereupon and
12 thereafter the same shall be in full force and effect.
13 APPROVED AND ADOPTED this 7th day of September, 2005.
14
15
16
17
18
19
20 BRUCE V. MALKENHORST, JR., Acting City Clerk
~.~/'~~~ .
/" · LEONIS C. LBURG, Mayor
ATTEST:
21
22
23
24
25
26
27
28
- 2 -
3
4
5
6
7
8
'9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
. ~
"
1 STATE OF CALIFORNIA
2
ss
COUNTY OF LOS ANGELES
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 8848, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, September 7, 2005, and thereafter was duly signed by the
Mayor of the City of Vernon.
~
BRUCEV. MALKENHORST,
Acting City Clerk
......,..
JR.
(SEAL)
- 3 -