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12/Uvoe MON 11:04 FAX 6123407800 DORSEY WHITNEY 16002 <br /> DORSEY & WHITNEY LLP <br /> MI'NI-44APOLIS PILLSBUIkY CENTER SOUTH 142W VOJkx <br /> WASHINOTON.D.C. 220 SOUTm SIXTH STRUT berfVER <br /> LONDON MINNEAPOLIS.MINNESOTA S5402-1498 <br /> BRUSSELS TeLEPHONE;(612) 340-2600 SISATTLE <br /> XONC KONG F,%X;(612) 340-2868 FARGO <br /> CBS MOINU BILLINGS <br /> WEim x Both <br /> kOCHESTEP. (612)340-29M MISSOULA <br /> COSTA MESA TM(610 340-78W <br /> Both-VuHamadorseywW.Com G&RAT FALLS <br /> December 16, 1996 <br /> -CONSDEbMAL <br /> AMO—Rra MC IENT FEWILEGED <br /> Mr. Nfichael J. Mornson <br /> City Manager <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony, MN 55418 <br /> Re: Bids for Liquor Inventory Control System <br /> Dear Mike: <br /> Pursuant to our discussions, I have reviewed the request for bids for "Point of <br /> Sale & Inventory Hardware, Software & Services" dated October 8, 1996, the bids <br /> from Retail Data Systems of Minnesota ("RDS"') and Total Register Systems, Inc. <br /> ("TRS"), the Memorandum to you from Mike Larson dated November 6, 1996, and <br /> the Memorandum from Mike Larson to me dated December 5, 1996. 1 also have <br /> reviewed a letter from TRS dated December 2, 1996 and a letter from RDS dated <br /> December 4, 1996, copies of which are enclosed for your reference. Mike Larson in <br /> his memorandum to you and in his memorandum to 'me indicates that he has , <br /> recommended that the Council reject the bid from TRS because of its failure to meet <br /> the specifications and that the bid from RDS be accepted. <br /> After reviewing these materials, it appears that the b id from TRS can be <br /> rejected for the numerous reasons stated in the November 6, 1996 memorandum to <br /> you from Mike Larson and in the December 5, 1996 memorandum from Mike <br /> Larson to me. A bid is defective if it does not meet the specifications, and as such, <br /> can be rejected by the City regardless of the fact that It is the low bid. Coller v. City of <br /> Saint Paul 223 Minn. 376, 26 N.W. &35 (1947). Moreover, as pointed out in Mike- <br /> Larson's memo, the bid amount could change since certain items in the TRS bid <br /> were included as-options which would result in additional costs. , There appear to be <br /> material variances between the TRS bid and the specifications which require <br /> rejection of the bid. <br />