Agenda Packets - 2002/02/11 - Laserfiche WebLink

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Mounds View City Council January 7, 2002 Special Meeting Page 19 Council Member Quick commented that City Administrator Miller had said that she had difficulty obtaining information from the vendor because there was so much interest in the information. He then asked who was contacting the vendor. City Administrator Miller indicated that Council Member Marty, Wendy Marty, and Shannon from the YMCA were contacting the vendor. Council Member Quick asked whether any of the individuals doing the information hunting were authorized to do so by the City. He then commented that the ultimate end of the fact-finding calls was to muddy the waters and make it more difficult for the City to find the truth. City Administrator Miller indicated that, to her knowledge, the individuals were not authorized by the City to conduct information hunting. Council Member Marty indicated that the check was issued and cashed in June but the equipment was not ordered until December. He said he would like to know what TSS did with the money prior to ordering the equipment. He also indicated that the City was invoiced for and paid for RBTL1598 but received RBTL1399 and that is a lesser model. He then indicated he would like to receive an update from the YMCA as to the condition of the equipment. City Administrator Miller indicated she would ask the YMCA for an update on the condition of the equipment at the community center. City Attorney Riggs indicated that the City would run into a serious problem with trying to ask what any private entity does with its dollars. He then agreed with Council Member Quick that the system broke down badly and noted that, based on conversations he has had with the City Administrator, it is questionable whether the city has a valid contract with TSS. He further commented that Council needed to decide how far to go out with this matter because he thinks the City is chasing good effort after bad. City Attorney Riggs indicated that the issue of warranty could be researched and then commented that either Council takes the response provided by Mayor Sonterre or it does not. He then indicated that the City has had problems obtaining information from the vendor and he would be surprised if the City would be able to get any more information because the City is not the direct purchaser of the equipment. He further commented that the matter is so bungled at this point that it would be very difficult to come to a resolution on the numbers. City Attorney Riggs indicated that Council had asked for information based on what recourse Council may have and the City Administrator was attempting to respond to that request. Council Member Thomas asked whether the City had any legal authority to obtain expense information from a private company. City Attorney Riggs indicated it would depend on the contractual relationship between the company and the City and it is arguable that the contract was void from the start. He then