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Computer company threatens to sue city
By BRADY DENNIS, Times Staff Writer ZEPHYRHILLS -- A Tampa computer company threatened Monday to sue the city of Zephyrhills, saying the city violated a contract by hiring away a company employee and then failing to let the company finish a city project. "We had a contract, and we think they breached it," said Ronald Cook, attorney for K.Tek Systems Inc. "It's pretty cut and dry." The situation began in October 1999, when K.Tek was awarded a $70,000 contract to upgrade the city's computer system. Steve Williams, a K.Tek employee, was slated to complete the project. Williams split from K.Tek a year after the contract was awarded, but he continued the project under his new company, Infotect Design Solutions. City leaders said K.Tek never complained to the city about losing the rest of the contract. Until now. Cook said that not only did the city break the contract when it ceased working with K.Tek, but it also violated part of the contract that forbade the city from hiring "any K.Tek personnel." City Manager Steve Spina disagreed. He said Williams was never hired as a city employee, only as a consultant. He also said that K.Tek finished and was paid for its part of the project. "I don't agree with what they're saying," Spina said Monday. He said he thinks the company has "a different motive" for threatening to sue. "It's kind of odd to try to sue somebody a year and a half after the event," Spina said. "I think they're trying to blackmail us. It appears to be an attempt to influence who we hire for the next phase of the job. The only benefit they would get was the personal satisfaction of (Williams) not getting the job." If that's the reason, it might be too late. The city voted last week to negotiate a contract with Williams for the next phase of computer upgrades, a $20,000 consulting job. Williams has been a lightning rod for controversy in the city for more than a year. Critics questioned whether Spina should have consulted council members before continuing the computer project with Williams after he left K.Tek. They also questioned whether Williams had a noncompete clause, which he did. Soon came questions about whether Williams was properly registered with the state. He wasn't, it turned out, but the problems were quickly fixed. Council member Cathi Compton, a longtime Spina critic, used the incident to try to fire Spina, who she said had given the city "a black eye." Despite the incident, the council in November voted Williams as the top choice to continue the computer upgrade project. But a surprise came two weeks later when council member Mike Bussell reversed his vote, killing the contract with Williams and essentially ousting him as the city's computer consultant. Council members reversed that decision last week, but only after Williams' attorney sent a letter to the city in January, calling the move "clearly arbitrary, capricious, contrary to law and without a rational basis." Now, the city has a new potential lawsuit on its hands. Spina said he doesn't know how council members will vote, but he doesn't think the city was wrong, and he doesn't intend to settle. K.Tek shows no signs of backing down either. "We're very early in the process. I'm hopeful something can be worked out," Cook said. "But we're none to happy about" what happened. -- Brady Dennis covers the city of Zephyrhills and crime in east Pasco. To reach him, call (352) 521-5757, ext. 23, or toll free at 1-800-333-7505, ext. 6108, then 23. His e-mail address is dennis@sptimes.com.
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From today's Pasco Times |
