Snapple Mix-Up Ends in a Draw
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A Manhattan judge yesterday ruled the extended battle between Mayor Bloomberg and Comptroller William Thompson, Jr. over making Snapple the official drink of New York City a draw.
Mr. Bloomberg claimed victory because State Supreme Court Justice Richard Braun judge ruled that the contract between Snapple and the city that makes the drink the exclusive ice tea and juice provider for New York could go forward.
Mr. Thompson found solace in language that said from now on the city will have to provide a much more transparent process when it awards such marketing agreements.
“We are gratified that the court sustained our ongoing efforts to enhance the city’s revenues through strategic partnerships such as the Snapple arrangement,” said Corporation Counsel Michael Cardozo, though he added the city wasn’t completely satisfied.
The portion of the ruling that found that the city’s trademark was tantamount to a concession that needed that kind of vetting was not acceptable, he said, adding the mayor would appeal that part of the decision.
The battle between Messrs. Bloomberg and Thompson revolved around whether the city fairly awarded the exclusive right to sell water and fruit juice products in municipal buildings to Snapple.
The comptroller has said Snapple got the contract even though it did not come up with the best deal for the city. He said Snapple was given an opportunity to sweeten its offer and none of the other companies who bid were given the same opportunity.
Judge Braun ruled that even though the deal broke new ground for the city, Mr. Bloomberg “still must follow proper procedures under the New York City charter, which provides for checks and balances along different parts of the executive branch of city government in order to protect public interest.”
The ruling found that neither the mayor nor the corporation counsel properly certified the agreement with Snapple. The judge said the city would have to do so in the future.
A spokesman for the comptroller, Jeff Simmons, told The New York Sun that it was a victory as Mr. Thompson was always most concerned about the vetting process of these new franchise contracts. “We feel this is a victory for New York City because they will have to be more transparent about these contracts in the future,” Mr. Simmons said.