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.