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they are representing the City. He asked if this contractor is inside or outside that guideline of <br />ethics and transparency. <br />Councilmember Kuzma stated he is uncomfortable awarding a contract to a business that is tax <br />delinquent. <br />Councilmember Backous stated if they are doing their job and recommended by staff, he <br />supports the recommendation. <br />Councilmember Riley stated the issue of tax delinquency has been addressed in a payment plan. <br />Mayor Strommen stated as she talked with staff, she was told this was not part of the RFP <br />consideration or something that can be factored in at this time. She asked whether being current <br />in taxes should be a requirement of the RFP process. <br />City Attorney Goodrich advised that in this case, there has been a confession of judgment and <br />they are working with the County to make payment of taxes so the company is lawful. He noted <br />liquor licensees are required to have taxes paid but with a towing contractor, the business can be <br />located outside the City so there would be no control over that. He advised that if desired, the <br />RFP process can indicate if the business is located within the City or that the taxes have to be <br />current. However, that same requirement would have to be made of all contracts. <br />Mayor Strommen stated the strategic plan addresses whether contractors are adhering to the <br />same Code of Conduct as Councilmembers so, going forward, she would support additional <br />discussion in how that should be enacted with contractors. <br />City Attorney Goodrich advised it could be adopted by reference in the RFP and the candidate <br />asked if they have issues that would be in conflict. <br />Councilmember Kuzma asked whether a company looking to do business that is having trouble <br />paying taxes would still be in business in six or twelve months. He felt that going with the low <br />bid may not always be the best route. <br />Mayor Strommen noted in this case, Champlin Towing has been the City's contractor and the <br />level of service provided has met the City's needs. <br />Councilmember LeTourneau stated if Champlin Towing was not able to provide services in six <br />months, the City has alternate plans to provide the service without pause. <br />Police Chief Way confirmed that was correct. <br />Motion by Councilmember Riley, seconded by Councilmember Backous, to award a Two -Year <br />Contract to Champlin Towing. <br />Motion carried. Voting Yes: Mayor Strommen, Councilmembers Riley, Backous, Kuzma, and <br />LeTourneau. Voting No: None. Absent: Councilmember Tossey. <br />City Council / May 14, 2013 <br />Page 7 of 8 <br />