HomeMy WebLinkAboutR-23-0478City of Miami
Resolution R-23-0478
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14826 Final Action Date: 10/26/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
MANAGER TO ACCEPT A PAYMENT TO THE CITY OF MIAMI IN THE
AMOUNT OF SIX HUNDRED THOUSAND DOLLARS ($600,000.00) FROM
SOUTHERN WASTE SYSTEMS, LLC., N/K/A LGL SYSTEMS, LLC, IN FULL
SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR THE CASE OF CITY OF
MIAMI V. SOUTHERN WASTE SYSTEMS, LLC, N/K/A LGL SYSTEMS, LLC,
CASE NO. 2020-020159-CA-01, IN THE ELEVENTH JUDICIAL CIRCUIT
COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, PURSUANT TO THE
TERMS OF A SETTLEMENT AGREEMENT AND RELEASE; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND
RELEASE, AND ALL NECESSARY DOCUMENTS, IN A FORM TO BE
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE
SETTLEMENT.
WHEREAS, on March 14, 2016, Southern Waste Systems, LLC, n/k/a LGL Systems,
LLC, ("SWS") entered into a solid waste franchise agreement (the "Agreement") with the City of
Miami ("City") to collect and dispose of commercial solid waste as defined and set forth in the
agreement and pay fees to the City, among other related tasks; and
WHEREAS, SWS disputed that it owed certain franchise monies to the City, including
amounts owed for Audits #16-06 and #16-07, and did not provide financial records requested by
the City, and the City thereafter sued SWS in the Eleventh Judicial Circuit Court in and for
Miami -Dade County for breach of contract; and
WHEREAS, the City and SWS desire to settle the City's pending lawsuit for breach of
contract provided that SWS pays the City $600,000.00 in three equal payments over a
consecutive three-month period, and the parties exchange mutual releases of all claims arising
from or relating to the lawsuit; and
WHEREAS, the Office of the City Attorney has investigated this claim, prosecuted this
lawsuit, and recommends that said claim and lawsuit be settled for the sum of $600,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as is fully set forth in this Section.
Section 2. The City Manager is authorized to accept payment to the City, in the amount
of Six Hundred Thousand Dollars ($600,000.00) from SWS, in full settlement of all claims and
demands for the case of City of Miami v. Southern Waste Systems, LLC, n/k/a LGL Systems,
LLC, Case No. 2020-20159-CA-01 before the Eleventh Judicial Circuit Court in and for Miami -
City of Miami Page 1 of 2 File ID: 14826 (Revision:) Printed On: 11/6/2023
File ID: 14826 Enactment Number: R-23-0478
Dade County, Florida, pursuant to the terms of a Settlement Agreement and Release, is
accepted.
Section 3. The City Manager is authorized to execute a Settlement Agreement and
Release, and all necessary documents, in a form acceptable to the City Attorney, to effectuate
the Settlement.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 10/16/2023
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 14826 (Revision:) Printed on: 11/6/2023