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HomeMy WebLinkAboutReso 2014-2203RESOLUTION NO. 2014 - 22 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A WAIVER AND RELEASE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND LUKE'S LANDSCAPING, INC. DB /A LUKES - SAWGRASS LANDSCAPE, INC. IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A "; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City and Lukes's Landscaping, Inc. d /b /a Lukes - Sawgrass Landscape, Inc. ( "Lukes ") have been attempting to settle disputed landscape maintenance service invoices delivered to the City by Lukes between 2009 and 2010; and WHEREAS, the City and Lukes have agreed to completely settle the disputed invoices for a total amount of $150,000.00 (one hundred and fifty thousand dollars) which represents an approximate net savings of 50% of the outstanding amount claimed by Lukes; and WHEREAS, in order to confirm this settlement, the parties are required to execute a Waiver and Release Agreement, as more specifically described in the attached Exhibit "A ". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the Waiver and Release Agreement. The Waiver and Release Agreement between the City of Sunny Isles Beach and Lukes's Landscaping, Inc. d /b /a Lukes - Sawgrass Landscape, Inc. is hereby approved in substantially the same form attached hereto as Exhibit "A ". Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 20th day of February, 2014. orinan S. Edelcup, Mayor Pa -e I of 2 ATTEST: C:::� & at �') Jane A. Hines, City Clerk, MMC APPROVED AS TO FORM Moved by: C�� inn ScNoL Vote: 5 —D Mayor Edelcup V (Yes) (No) Vice Mayor Aelion _/(Yes) (No) Commissioner Gatto (Yes) (No) Commissioner Levin (Yes) (No) Commissioner Scholl (Yes) (No) Page 2 of 2 z CITY OF SUNNY ISLES BEACH 1,'••.,• .,'.•• WAIVER AND RELEASE AGREEMENT Contractor: Luke's Landscaping, Inc. d/b/a Lukes-Sawgrass Landscape, Inc. Released party: City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, FL 33160 Luke's Landscaping, Inc. d/b /a Lukes - Sawgrass Landscape, Inc. the above referenced contractor, ("Contractor") on this �0day of EEatuAAW . 2014, in consideration of payment of $150,000.00 (One Hundred Fifty Thousand ollars) does hereby, and for its officers, directors, heirs, executors, administrators, representatives, successors and assigns, agree to waive, release and forever discharge the City of Sunny Isles Beach ( "City" or "Released party'j, including its elected and appointed officials, agents, officers and employees, of and from any and all claims, actions, causes of action, demands, rights, damages, costs, wponses and compensation whatsoever, which the Contractor now has or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, disputed or undisputed, payment obligations and the consequences thereof in connection with the disputed landscape maintenance service invoices sent to the City by Contractor in 2009 and 2010, and all amendments and addenda thereto. It is understood and agreed that this, Waiver and Release Agreement is the compromise of a doubtful and disputed claim, and that this agreement is not to be construed as an admission of liability on the part of the City with respect to the disputed landscape maintenance service invoices sent to the City by Contractor in 2009 and 2010, and all amendments and addenda thereto, and that the City denies liability with respect to the alleged past due payment amounts and intends merely to avoid future debt collection efforts and/or litigation. The undersigned on behalf of Contractor further declares and represents that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Waiver and Release Agreement contains the entire agreement between the parties hereto, and that the terms contained herein are contractual and not a mere recital. as to form and legal Lake's Landscaping, Inc. d/b/a Lukes- Sawgrass Landscape, Inc. 0 Tim O'Keefe, President City of Sunny Isles Beach By: Attorney Christoph . so, City Manager Exhibit "A" SONNY IS< s O� „ A� ~ n .\ t �/ ° �* tiF 99�* FL0"\ "IV O/T y OF S U N PLO TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM Honorable Mayor and City Commission Fernando Amuchastegui, Deputy City Attorney February 20, 2014 City Commission Norman S. Edelcup, Mayor Isaac Action, Vice LLayor Jeanette Gatto, Commissioner Jennifer Levin, Commissioner George "Bud" Scholl, Commissioner Christopher J. Russo, City Manager Hans Ottinot, City Attorney Jane A. Hines, MMC, City Clerk Resolution approving Waiver and Release Agreement with Luke's Landscaping, Inc. d /b /a Lukes - Sawgrass Landscape, Inc. RECOMMENDATION The proposed Resolution approving a waiver and release agreement with Lukes's Landscaping, Inc. d /b /a Lukes - Sawgrass Landscape, Inc. is presented for your consideration. REASONS The City and Lukes's Landscaping, Inc. d /b /a Lukes - Sawgrass Landscape, Inc. ( "Lukes ") have been attempting to settle disputed landscape maintenance service invoices delivered to the City between 2009 and 2010. The disputed landscape maintenance invoices total approximately $300,000.00 (three hundred thousand dollars). After much negotiation, the City and Lukes have agreed to completely settle these disputed invoices for a total amount of $150,000.00 (one hundred and fifty thousand dollars) which represents a net savings to the City of 50% of the a:Mount claimed by Lukes. In order to confirm this settlement, the parties are required to execute the attached Waiver and Release Agreement. Please note that the Finance Department had requested this matter be settled for audit purposes.