The Bright Side
It has been eight months since the Lake Geneva City Council selected and approved MSI General (on April 9) to provide architectural and engineering design and project management on the Riviera renovation project in an 8-to-0 vote. That vote was immediately followed by an 8-to-0 vote approving an agreement with MSI General that established MSI as the Architect for the Riviera Improvement Project, which was followed by a third 8-to-0 vote approving an agreement with MSI General establishing MSI general as the construction manager for the Riviera Improvement Project. All three votes were subject to a pending attorney review.
Following this approval on April 18th, 2018, MSI General held a “kick-off” meeting on The Riviera Improvement Project. In that meeting, MSI gave an outline of what was planned and that they would have a laser scan of the Riviera both inside and outside the building, and they would be holding an informative public meeting in June to get the public’s input on the Riviera remodeling project. That meeting, scheduled to occur in June, did not occur until seven months later on Thursday, Dec. 6, 2018. After the meeting, MSI’s project manager was asked why, since the project was approved in April, did it take eight months before MSI held the public meeting previously scheduled for June?
The answer was that there were some problems with the wording of the agreement, and after agreement on the wording was finally reached in or around August/September it was further delayed getting it scheduled on the city council agenda and approved by the city council. After checking the city council agendas, it became obvious that the revised agreement was never on the council agenda nor approved by the council. Furthermore, the primary change in the contract was the removal of the word “indemnity,” which is a promise to pay for the cost of possible damages, injury or the payment made to someone because of damages, loss or injury. The removal of the word “indemnity” is more than a small verbiage change for clarity. A more minor change might be acceptable without requiring a new city council approval. But that single word change is very significant. Its addition or removal assigns or changes the agreements entire financial responsibility. That revised agreement needs to be made public and be subject to city council approval. “Review” means “to review” and does not authorize anyone to make changes without resubmitting it to the city council for its approval of the changes that were made.