2012-0821 Special City Commission Meeting

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Summary Minutes:Special City Commission Meeting August 21,2012 Sunny Isles Beach,Florida it had when Lukes-Sawgrass managed the business years ago. Luke Facarazzo is nothing more than an employee of the company, he has no ownership in the business, and sold his company to Continental in about 1998, and so he has had no ownership and he has none today. He is a valuable member of the team,he is a great salesman,and he is the director of business and key accounts. He has done nothing but help their business grow. Commissioner Aelion said in the last year and a half,he came to the City Manager on several occasions and complained about the landscaping in our City. He wants to concur with our City Attorney's point of view that price is not always the sole factor in determining the choice of the company. He thinks Lukes' performs for the utmost of quality that they stand behind. If our City Attorney is satisfied with the legal aspects of the issue, then he has no problem with it. Commissioner Scholl said he wants to be crystal clear. When they responded to the RFP and they filled the form out,was the form filled out accurately? Because the attorney for SFM is intimating that the form may not have been filled out accurately. City Attorney Ottinot said this is the first time that issue has been brought up to him,and Commissioner Scholl said that is a material issue. If the process was flawed,we have to deal with it. City Attorney Ottinot said at no time was the issue of intentional fraud or intentional withholding information brought to his attention. The information provided to him was basically did you look into conviction,etc.,and he said yes but he indicated that he was going to look into it more to see if there was any violation of state law. Whether it was a disclosure issue, he cannot attest that took place, and so he asked the Purchasing Agent to testify to that. Commissioner Scholl summarized that the lawyer for SFM is saying that in the RFP response form,there was a check box somewhere about criminal convictions or something regarding employees and officers of the company, and the City Attorney is saying that he didn't research the issue with regard to that allegation and is saying that no laws were broken. The SFM lawyer is saying that our RFP process might be flawed because of the way that form was filled out, and so they are contesting the response document. If that is the case then we will have to go back to the well, if that is not the case and it was a clean response then we vote and call it a day. Purchasing Agent Marc Tulloch said our affidavits for the public is based on the Florida State Statute verbatim and includes language stating that no managing officer or director of the company has been convicted or affiliate or subsidiary has been convicted of a public entity crime. Commissioner Scholl inquired whether that language relates to employees,and does that mean current officer or does it mean forever? Marc Tulloch said current. Commissioner Scholl said he thinks the lawyer has a different opinion,and he asked him to clarify what his issue is as it is boiling down to this issue. Mr. Silverio said in paragraph 11.6 of the Public Entity Crimes form,which he gave a copy to the Commission,the issue is as follows:it doesn't just say managers or managing member, it says employees, agents, affiliates, and Commissioner Scholl said "who are active in management". Mr. Silverio said in the second sentence it says or affiliated with any entity whatsoever and so it doesn't just say active. City Attorney Ottinot said based on his opinion 7