HomeMy WebLinkAbout1978-009 Flexible Pipe Tool Co KESOLUTION NO.
CITY OF CHUBBUCK, IDAHO
WHEREAS, purs~ to the provisions of Idaho Code section
50~3~1, the City C~umcil has conducted competitive bidding and
has determined Flexible Pipe Tool Co. to be the lowest respon-
sible bidder for sale of a sewer flusher machine; and
WHEREAS, the product delivered by said successful bidder
has proved defective, and the defects have not been satisfactorily
cured following a reasonable time to do so under the Idaho/Uniform
Commercial Code; a~d
WHEREAS, the Code allows a purchaser under such circumstances
to reject the product or to revoke initial acceptance of the
product; and
WHEREAS, such rejection or revocation would constitute re-
Jection of the successful bid, requiring the City to accept the
next lowest responsible bid unless all bids are rejected; and
WHEREAS, said Idaho Code section 50-341 authorizes the City
Council, if all bids are rejected, to purchase the product on
the open market if it finds that such action would be more econ-
omical than compliance withbid procedures; and
WHEREAS, the City Council, following investigation and con-
tacts in the open market, does find as a fact that a sewer flusher
machine can be purchased more economically on the open market than
through the competitive bidding that has been conducted;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF CMUBBUCK, IDAHO:
1. That the product supplied by Flexible Pipe Tool Co. is
rejected, and its initial acceptance revoked.
2. That the bid s~bmitted by Flexible Pipe Tool Co., and the
bids of all other bidders, are rejected.
3. That the Mayor is authorized to contract for purchase of
a sewer flusher machine on the open market.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR of the
City of Chubbuck, Idaho, this 12th day of September, 1978.
City Clerk '