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Mounds View City Council December 30, 2002 <br />Regular Meeting Page 8 <br /> <br /> 315 <br />Council Member Stigney asked why it was not possible to straighten out the language and allow 316 <br />for an incentive. 317 <br /> 318 <br />City Administrator Miller indicated that the portion that deals with catering does respond to the 319 <br />concern that if the contractor does not provide the service they will not derive revenues so that 320 <br />portion of the contract should allay any fears. 321 <br /> 322 <br />Mayor Sonterre explained that if there is no catering business there is no money made even if the 323 <br />flat fee for management is made. 324 <br /> 325 <br />Council Member Stigney asked whether there is an amount that has to be produced or not. He 326 <br />then said he is concerned that this contract will straighten out one issue and create another one. 327 <br /> 328 <br />City Attorney Riggs indicated there was a practical question of how the contract was interpreted 329 <br />and this is in response to how best to simplify it. He then said there is an operational contract 330 <br />and there is an incentive because if they do not have events there is nothing to be made on the 331 <br />catering side of the business. 332 <br /> 333 <br />Council Member Stigney asked whether, in the opinion of the City Attorney, this is the best 334 <br />contract for the City. 335 <br /> 336 <br />City Attorney Riggs commented that the question was subjective but said based on discussions 337 <br />with City Staff and the vendor, this is the best solution to resolve past difficulties and make it 338 <br />more efficient for the finance department to deal with. 339 <br /> 340 <br />Mayor Sonterre asked Finance Director Hansen if this is the best financial contract for the City. 341 <br /> 342 <br />Finance Director Hansen indicated he was very comfortable with how the contract is proposed 343 <br />and recognizes that the contractor could make the management fee with no efforts but that fails 344 <br />to recognize that the management fee is a small part of what the contractor makes off of the total 345 <br />operation so it is not in their best interest to do anything less than their absolute best to maximize 346 <br />profits. 347 <br /> 348 <br />Council Member Stigney commented he is not worried they will do nothing but is concerned that 349 <br />they will not do as much as Council thinks should be done. He then asked if the contract could 350 <br />be terminated if Council is unhappy with the revenues. 351 <br /> 352 <br />City Attorney Riggs indicated that paragraph 12 requires that the contractor meet the goals of the 353 <br />City Council and, if not met, there would be a breach of contract and the relationship can be 354 <br />severed. 355 <br /> 356 <br />Mayor Sonterre commented that this is not a new vendor as they have been with the City 357 <br />performing well for several years. 358 <br /> 359