2013-0321 Regular City Commission Meeting

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Summary Minum: Regular City Commission Mating March 21. 2013 Cim of Sunnv Lsles Beach, Florida Amendment to the Contractor before the meeting today. He has spoken to the Contractor's attorney and we are very close nevertheless there is a point of disagreement that they need to discuss with the City Manager in the immediate future. We have proposed a Resolution that allows that discussion to take place with a recommendation to approve the Third Amendment that is part of this agenda providing that the City and the Contractor resolves all these issues within a 15 -day time period. Mayor Edelcup, Vice Mayor Aelion, Commissioner Levin and Commissioner Scholl each disclosed that they had Ex Parte communications with the Contractor. Public Speakers: Steven Helfman, Esq. Vice Mayor Aelion asked if the design of the bridge has been modified since its original design, and City Attorney Ottinot said it is the same. Mayor Edelcup said he had discussions with the principal Jose Milton which is covered in the memorandum dated March 6, 2013 and signed by him and Mr. Milton Sr., that outlines the changes that they are willing to make and that these would be the sole changes that would be made for the contract. He also will stand by the suggestion of giving 15 days to finalize this contract providing that we stay within the parameters of the memorandum that he and Mr. Milton signed. Steven Helfman. Esq. representing the Miltons said they did make a concession and dropped the guaranteed price by approximately $2 Million, and they have agreed to build a bridge subject to the City securing those approvals that we need to do that, and that is within this agreement. There are still some significant issues that we need to get resolved. There are some issues with respect to environmental liabilities that don't lie with them. There is still an issue which involves up to about 5500,000 of who is going to pay for the design cost of the bridge. He said he is not quite sure why we are here this evening because the memorandum that the Mayor spoke about that he signed with Mr. Milton says that there is supposed to be a 30 -day timeframe in which we are supposed to negotiate an agreement, that was two weeks ago, why is this on the agenda, why do we need an extension? Mayor Edelcup said we gave you those 30 days by extending this agreement that we have entered into for 15 days. He also reminded him that he and Mr. Milton agreed that they would make the changes solely in accordance with the memorandum, and Mr. Helfman decided to rewrite the contract. He said if you want to rewrite the contract that we would put it out to bid again, and so either we get this contract done in the next 15 days, and time is of the essence, either you accept what we have put here with the minor modifications that our attorneys are willing to work with you on or you don't accept it, then we will go our separate ways. He thought it was in the interest of our citizens and in due respect to Mr. Milton, Sr., since they both thought it was important for him to build this project. City Attorney Ottinot said he thinks the Commission has given you the 15 days but if you want to have a conversation. let's have it attorney to attome_v. Mr. Heitman said he thinks what you are doing is approving a contract that you said and you are telling us that we have 15 days to sign it, and that wasn't your deal with Mr. Milton. If you want to break the deal with Mr. Milton you can do it, and Mayor Edelcup said he is not breaking the deal. He had spoken to Mr. Milton today and he assured him that everything that we discussed he is still ready to move forward on. 8