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• • <br />~.~ ~r~ <br />I ' <br />INTER-OFFICE MEMORANDUM <br />JUNE 24, 1985 <br />T0: J. Hodge - Director of Pub <br />FROM: J. Ray - Purchasing Agents ;,~ <br />SUBJECT: Purchase Order 4P0348 - F/ (Loader w/Cab & Chassis <br />In accordance with the attached letter received from Industrial Disposal <br />Supply Company concerning the damage of the aforementioned unit in transit to <br />the City of La Porte, I obtained a thorough legal review of the documents per- <br />taining to this procurement. It is the Assistant City Attorney's opinion that <br />the vendor in question is excused from his contractual obligation by the stated <br />"force majeure" clause and that no damages may be assessed concerning this ven- <br />dors lack of performance. <br />The Public Works Department may pursue the following remedies in light of <br />this occurrence; (1) negotiate a new delivery period with I.D.S. for the supply <br />of a conforming front loader, or (2) cancel the contract with I.D.S. and ob- <br />tain emergency permission from La Porte City Council to purchase an available <br />unit on the open market that meets City of La Porte specifications. <br />Should the second option be chosen, please use attached information for <br />supporting material on City Council Agenda Request Form. <br />Attachments: Copy Sealed Bid 40060 - I.D.S. <br />Copy of P.O. 4E0348 <br />Copy of Terms and Conditions - Paragraph 4416 <br />Copy of I.D.S. letter dated 6/17/85 <br />cc: R. Hare, Asst. City Manager <br />S. Gillett, Asst. Director of Public Works <br />S. Hubbard, Sanitation Superintendent <br />J. Armstrong, Asst. City Attorney <br />JR/mb <br />~~ <br />