HomeMy WebLinkAbout07-167 - ADMIN Resolution - City Council - 2007/12/17•
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RESOLUTION NO. 07-167
RESOLUTION DECLARING ARINC, INC. IN DEFAULT
OF CITY WIRELESS BROADBAND NETWORK CONTRACT
WHEREAS, ARINC, Inc. is in default of its obligations under its contract with the City for
the Purchase and Installation of a Wireless Broadband Network;
WHEREAS, on December 7, 2007, the City attorney gave AR1NC written notice of the
City's intention to declare ARINC in default;
WHEREAS, on December 12, 2007, representatives of the City and AR1NC met and
ARINC was provided the opportunity to discuss matters relating to the contract default, including
ARINC's continuing failure to make any portion of the system meet contract specifications;
WHEREAS, ARINC remains in default of its obligations under the Contract.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ST. LOUIS PARK AS FOLLOWS:
1. ARINC is hereby declared to be in default of the Contract for the following reasons:
Contract Section 48.12 (Appendix J):
The Work cannot be completed within the time herein provided
therefore or within the time to which such completion may have
been extended;
Contract Section 48.13 (Appendix J):
The Contractor is not or has not been executing the contract in
good faith and in accordance with its terms;
Contract Section 48.14 (Appendix J):
The Work is not completed within the required time or within the
time to which the Contractor may be entitled to have such
completion extended;
Contract Section 2 (Wireless Broadband Network)
The work does not meet the minimum contract performance
specifications.
2. The City Attorney is hereby authorized to immediately notify ARINC and its
any of the declaration of default.
bondin
Revie
City
dministration
• Attest:
City Clerk
Adop
thity Council December 17, 2007
Mayor