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discontinuance of service or gap. He pointed out that the City has the right to submit a proposal <br /> in response to the RFP as a potential provider of electricity to the Town and its residents. <br /> A discussion followed and the Town expressed its concern of tortious interference with <br /> the contract by the City if the Town talks with other potential providers of electricity during the <br /> six month cooling off period. <br /> Attorney Wright responded the City was good with the six month cooling off period and <br /> agreed to no tortious interference if the Town chooses to conduct an RFP with other providers of <br /> electricity; however, the City does not agree to the document, but would sign a separate waiver <br /> of tortious interference claim. <br /> Mediator Alvarez brought up the Town's proposal and suggested adding the wording, the <br /> Town may conduct a RFP evaluation with the tortious interference clause inserted in Paragraph <br /> 2. <br /> The mediator called for a recess at 2:19 p.m. and resumed at 2:31 p.m. with all parties <br /> present. <br /> Attorney May stated the Town team could not agree with the standstill agreement <br /> structure proposed by the City, but agreed to remove Paragraph 1 and add the language discussed <br /> in Paragraph 2, and shorten the abatement to May 1, 2015, since the City would wrap up its rate <br /> study sometime in March 2015. The concern was the delay and upcoming franchise agreement <br /> expiration in the year 2016. <br /> Attorney Wright stated the City does not agree to the Town's proposal, but would agree <br /> to the tortious interference clause, and to shorten the standstill until Mayl, 2015. <br /> Attorney May wanted clarification on what the City was proposing. Mediator Alvarez <br /> replied there was an agreement to a cooling off period until May 1, 2015 and the Town <br /> conducting a RFP with the City's participation. <br /> Mediator Alvarez felt the abatement would be an opportunity to look at every option and <br /> suggested the Town rewrite their proposal. <br /> Attorney May was opposed to rewriting the Town's proposal because it captured what <br /> the Town was looking for to resolve the dispute. <br /> A discussion ensued on moving forward without an interim settlement, but talking with <br /> other providers. Mediator Alvarez summarized that the parties agreed to a certain time period <br /> for options review and agreed that the litigation would be held in abeyance, and continuing with <br /> the mediation. <br /> The mediator called for a recess at 2:53 p.m. and resumed at 2:59 p.m. with all parties <br /> present. <br /> Town of Indian River Shores - City of Vero Beach - Indian River County <br /> Electric Utilities Mediation Page 10 <br /> December 17, 2014 <br />