2012-0821 Special City Commission Meeting

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Summary Minutes:Special City Commission Meeting August 21,2012 Sunny Isles Beach,Florida are treating it like a release price. He further inquired whether we have any effect on the title of the unit if they happen to close 20 units and didn't pay us,what happens? City Attorney Ottinot said we could revoke the building permit. Commissioner Scholl inquired whether they would not be closing units until they get a temporary certificate of occupancy("TCO"). Mayor Edelcup responded they would partially in the building. Commissioner Scholl said if we release by floor,then conceptually he is okay with it. However,this will be a precedent for other buildings, and we want to make sure that the mechanism is clean. Commissioner Scholl stated he is comfortable that basically we have leverage if they try to close units because we are not on the title, we don't have a deed restriction or any kind of lien. City Attorney Ottinot said we have sufficient leverage under the Code to force payment. Commissioner Aelion said in theory could the 90-day period of the 33 months come to fruition and the counting period is exhausted in which case,he doesn't know if the 12%just continues until it is paid in full because it does not speak to the timeframe. City Attorney Ottinot said it gives them time to pay in those 90 days, and they can come back to the Commission for an extension. Commissioner Scholl noted the interest just keeps accruing. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1952 was adopted by a voice vote of 5-0 in favor. 5C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving the Award of RFP No. 12-05-01 to and Entering into an Agreement with Lukes- Sawgrass Landscaping,Inc.for Landscape Maintenance Services,in an Amount Not to Exceed$650,000.00 for One Year,Attached Hereto as Exhibit"A";Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action:City Clerk Hines read the title,and City Manager Maas reported based on interviews and proposal reviews, and after receiving clarification from the City Attorney, they found that Lukes is the most responsible and responsive bidder whose proposal best serves the interest of and represents the best value to the City under Section 62.8 of the City Code. Lukes-Sawgrass Landscaping meets or exceeds all factors outlined in this Section. Also, Lukes Landscaping did the City's landscaping for several years prior to the City retaining the services of another vendor. Public Speakers: Brian Silverio, Esq.; Tim O'Keffe; Luke Facarazzo City Attorney Ottinot said in order to clarify the record,at the last Commission meeting[July 19, 2012] this item was withdrawn in order for him to research an issue. That issue was brought up to him by a competitor to Lukes' which involved a criminal conviction of one of Lukes' employees. He has researched that matter with respect to public entity crime,and he didn't see any violation in that State Statute. Additionally, he called the City of Aventura City Manager with respect to Lukes',who gave a strong recommendation to Lukes' service with Aventura. He also asked the Vice President of Continental to explain the employment relationship with that employee,and the Vice President said this employee is not involved in any management capacity. He explained this individual is an employee of Continental, a subsidiary of Lukes' Landscaping. 4