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• <br />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 />Ittorney 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 />structurelproposed 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 <br />December 17, 2014 <br />Page 10 <br />