The problem I keep trying to point out is that the projects the MPRB undertakes are poorly planned, have few or no guidelines, cost overruns galore and no plan for continued maintenance and in the case of Neiman lack of marketing to fill up all those fields. If there were plans, they were poorly conceived and grossly mismanaged. This is why the MPRB ought to stay out most "business enterprise" functions. Take the lack of coverage for the FORT complex. No sane business person would have left themselves open for a $ 2.5 million hit because they had a tenant that didn't pay their contractors. Shouldn't there have been something in the lease that required the tenant to have their own insurance for this. If Mr. Rice or whomever negotiated the contract was working for IBM and they took the hit he might be looking for a new employer at this point. If someone on the MPRB staff is the responsible party they should be pounding the pavement.
Yes, exactly. In the world of construction, and no doubt in a lot of other industries, there is a common legal construct for exactly this purpose. It's called a performance bond.
So the questions are:
1. Brian Rice is a smart guy, and surely knows about performance bonds. Did the Park Board ask for his legal advice as their counsel on The Fort contract?
2. If yes to #1, did Mr. Rice advise them to get a performance bond?
If not, Mr. Rice appears incompetent to represent the Park Board any longer. On Monday, January 3 at 5:00pm, the Park Board will hold its annual meeting and appoint its legal counsel for the year. Will they again appoint Mr. Rice?
3. If no to # 1, why did the Park Board not get a legal opinion on the contract, and who was involved in deciding not to do so?
Whoever was responsible for failing to get a good legal opinion on the contract with The Fort should no longer be working for or directing the Park Board, having risked $2.5 million of tax money.
If one or more commissioners were the responsible parties, such malfeasance is grounds for removal from office, per the Park Board charter.
-- Chris Johnson - Fulton
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