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HomeMy WebLinkAboutAgenda Council Agenda 012304City of Palm Beach Gardens Special Council Agenda January 23, 2004 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING January 23, 2004 12:00 Noon L PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: (Pa 2e 4 Consideration of Proposed Settlement: Suffolk Construction Company v. City of Palm Beach Gardens, Case No. 02 -05808 AO V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: IX. PUBLIC HEARINGS: X. RESOLUTIONS: XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: Update on settlement in City of Palm Beach Gardens v. John D. and Catherine T. MacArthur Foundation, United States District Court Case No. 01- 8538- CIV- Ryskamp. XIV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than 5 days prior to the proceeding at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 22, 2004 Meeting Date: 23, 2004 Subject/Agenda Item: Consideration of Proposed Settlement Suffolk Construction Company v. City of Palm Beach Gardens, Case No. 02 -05808 AO [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attorney [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other Submitted by: [ x ] Not Required Department Director Affected parties ] Noti fied Budget Acct. #: [ ] None uVS nt::[ City Manager [ x ] Not required Date Prepared: , 2004 Meeting Date: , 2004 Resolution , 2004 • BACKGROUND: Suffolk Construction Company, the general contractor for the City Hall /Police Station project, sued the City in 2002 seeking additional compensation related to the project. A variety of counter - claims, and cross - claims have been filed in the action, involving the electrical subcontractor, the architectural firm retained by the City to design the project, as well as certain sub - consultants of the architectural firm. The parties have participated in two mediation sessions in the past two months. At the conclusion of the mediation held this week, the parties have tentatively agreed to the settlement outlined in the attached letter from the mediator. The settlement will resolve all pending claims among all the parties, and will result in a payment of $84,000.00 to the City of Palm Beach Gardens. • STAFF RECOMMENDATION: Approval of attached settlement offer. 01/21/2004 WED 10:07 FAX 407 661 5743 UpchurchWatsonWhiteMax IA 001/002 ' Upchurch Watson White & Max MEDIATION G t 0 U F January 21, 2004 Reply to: Maitland Linda Agnaint, Esquire George Roberts,l3squire Boose Casey Roberts & Reynolds 515 N Flagler Drive, Suite 1700 470 Columbia Drive, Suite C West Palm Beach, Florida 33401 West Palm Beach, Florida 33409 -1949 Jon Derrevere, Esquire Derrevere & Associates 470 Columbia Drive, Building B West Palm Beach, Florida 33409 Christine P. TatLl n, Esquire The City of Palm Beach Gald= 10500 North Military Trail Palm Beach Gardens, Florida 33410 -4698 Mark Ruff, Jr., Esquire Wicker, Smith 1645 PaIrn Beach Lakes Blvd, Suite 700 West Palm Beach, Florida 33409 Houston S. Park, Esquire Stephens, Lynn 515 North Flagler Drive, Suite 1600 West Palm Beach, Florida 33401 RE: Su#3 & Construction vs. Palm Beach Gardens Dent Counsel: This letter will confirm the agreements reached at the conclusion of our mediation session in Palm Beach, Tuesday, January 20, 2004. Subject to certain conditions, it appears we now have reached a settlement of all claims raised in this action. The prerequisites to finally resolving this matter are: a) The insurance carriers for Paul J. Ford & Co- and OCI, Inc. agreeing to participate in the settlement program at the levels specified below, and b) The Council of the City of Palm Beach Gardens approving the total settlement program at its meeting ofFebnwy 5, 2004, Subject to those conditions, the settlement will embody the following terms: 1) Suffolk Construction Co, "Suffolk ") will accept $166,000 is full settlement of all claims it holds as to the City of Palm Beach Gardens or any other party to this settlement arising from the construction of the Palm Beach Gardens Murlicip;a Complex ("Project"). MIAbO BIRbIINGHAM MAITLANDIORI ANDO DAYTIONA,13FACH 801 Briclrell Mama, SWIG 900 210OA 6ou*Bridpe Parkway, Suite 650 900 WbRUT1 y Plana, Suite 122 125 6, Palmetto Avenue Itiami, Florida 33131 Bimtingbaat Alabama35209 Meddank Florida 32751 Daytona Scaah, Flaaida 121 i4 Tob1yh"0305112m628 Telephpno2051933.y033 - 888!435-9033 Telephooe4v/661 -iln - No/863 -L462 Telap5vno386a53 -1360 • 8001264 -2622 Fmcsimilo 305/372 -01 69 Powimilo 2051414 -7599 Fae$;mik 4p7/%1 -5743 Facalmilc 38d/25S -7722 www.uww-odr.com 01/21/2004 WED 10:07 FAX 407 861 5743 UpchurchWatsonWhiteMax IM 002 /002 2) Counsel for Palm Beach Gardens and its City Manager will recommend to the Palm Beach Gardens City Council acceptance of $84,000 in full settlement of all claims it holds as to Architect Design Group, Inc, C ADG') or any other party to this settlement, and compliance with all other terms of this settlement. It is understood that approval process will occur on February 5, 2004. 3) ADG, Paul J. Ford, Co. and OCI will collectively fiend the $250,000 necessary to meet the settlement terms of paragraphs (1) and (2) above as follows: i. ADG will pay $150,000. ii. Subject to their approval, Pauli. Ford and Oct shall each pay $50,000. iii. Counsel for Paul J. Ford and OCI will favorably convey the terms of this settlement program to their respective clients and insurance carriers and communicate their decisions on or before Tuesday, January 27, 2004. iv. All funds will be paid through counsel for ADG. 4) All parties will exchange Mutual Releases as to all claims involving the Project. Releases shall be constricted to protect ADO subrogation and contribution rights as to ONM (Construction Management), Tim Messler (Civil Engineering). and Andy Kesslering (Landscape Architect). 5) The facts and terms of the settlement will be held in strictest of confidence unless otherwise .required by law. 6) The instant action will be dismissed as to all claims against all parties with prejudice. Linda Agnant has agreed to start the process of drafting final settlement documents which will be circulated for approval while we are awaiting the required approvals. All counsel will fully cooperate in drafting, executing and delivering the final documents when completed, It has been a pleasure working with each of you to bring this very troublesome matter to an end. Thank you for allowing me to become involved. I will look forward to continuing our relationship together in the future. LMW:emm cc: Ron Ferris Jr. e r City of Palm Beach Gardens Special Council Agenda sue' Mayor Jablin January 23, 2004 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Vice Mayor Sabatello Council Member Clark 'Council Member Russo �l Council Member Delgado i F CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING January 23, 2004 12:00 Noon I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: pas (Page 4) - Consideration of Proposed Settlement: Suffolk Construction Company v. City of Palm Beach Gardens, Case No. 02 -05808 AO V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: IX. PUBLIC HEARINGS: X. RESOLUTIONS: XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: N 0 prrv►- Update on settlement in City of Palm Beach Gardens v. John D. and Catherine T. N�'L�$A;A1. MacArthur Foundation, United States District Court Case No. 01- 8538- CIV- Ryskamp. XIV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than 5 days prior to the proceeding at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council.