Just a letter of information to the residents of Arvin. The City of Arvin and City Manager are being sued by Mission Linen Supply for breach of contract. Apparently, Mission has been doing had a contract with the city since at least 2004. In September of 2007, City Manager signed another and 6 months later quit paying Mission. Clause 6 in the contract states that the City could drop Mission for cause and only have to purchase the inventory the city had at the time, at used rates. Clause 7 states that if the City lets Mission go without cause, the city has to purchase the inventory and pay a liquidated damages amount. Well, the lawsuit is asking for $4400 inventory and $46000 damages (total of over $51000) I pulled the court papers to read through them, so I could try to see if we had a chance at winning the case. The City Attorney was arguing the fact that the contract is unenforceable because the City Manager isn't authorized to sign contracts, the contract wasn't put out to bid and it didn't go before the council for approval. The judge threw this argument out, which indicates to me that the case is valid. I have been requesting documents to see where we're at: 1. Copy of cancellation letter from Arvin to Mission (doesn't exist) 2. Copy of bid notice where bids were taken for new service (doesn't exist) 3. Copy of Council Agenda were new contract was approved (doesn't exist) 4. Copy of new contract (Sparkle, exists, but was signed by Finance Director, who by the way isn't authorized to sign contracts. Clause 4 in the new contract states that the City doesn't have an existing valid contract with any other company, well--how in the world can you sign this knowing we do???). 5. Amount of fees already charged by the City Attorneys ($13087). It gets even better--Grand Jury report comes out, they met in August 2008 with City Manager, Finance Director and City Clerk regarding bid procedures. Imagine my surprise to find out they totally misrepresented to the Grand Jury!! Ok folks!! My question to you all is simple, is this behavior acceptable to you for our representatives and is it ok with you that once again we are paying for the negligence of others (who by the way contribute NOTHING to our community, they all live outside of Avin)?. Here's my prediction of what is going to happen, especially now that the City knows I'm checking on this: The City is going to settle this matter finally, probably for a little less than what Mission is asking for, say $20000 to $30000. So, if they settle that's still going to be anywhere from $33087 to $43087 that comes from, you guessed it, US THE RESIDENTS, unless we fight to have the one responsible pay. He does have a bond that covers up to $75000, the clause in the bond is 'honesty' (give me a break!!). So, there you have it.. I can of course verify everything, I have the copies from City Hall to prove it. We need to take control again or still of our city and let those WE put into office know this IS NOT ACCEPTABLE!!
PS: I'm writing this letter to the editor on Friday September 4, 2009, before the council meeting on Tuesday. Don't be surprised to hear that my predictions are accurate. I think there's a settlement coming and coming soon.
I would LOVE to share any of this information with any skeptic out there. I know if you talk with any council/administration they'll try to downplay this. If you do, make them show you paperwork in black and white, that cannot be refuted. I know I can!!
Ange McNeill,
661-978-0707 feel free to call
