HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney3A_
DATE: October 26, 2023
RE: City Commission Meeting — October 26, 2023
Proposed Resolution authorizing the acceptance of a payment to the City
of Miami in the amount of six hundred thousand dollars ($600,000) from
Southern Waste Systems, LLC, n/k/a LGL Systems, LLC in full settlement
of all claims and demands relating to the Case of City of Miami v.
Southern Waste Systems, LLC, n/k/a LGL Systems, LLC, pending in the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida.
Case No. 2020-020159-CA-01
File No.: 14826
The attached proposed Resolution authorizes the City of Miami ("City") to accept
payment of $600,000 in resolution of the above -captioned litigation brought by the City
against Southern Waste Systems, LLC, n/k/a LGL Systems, LLC, for breach of contract
to recover monies due and owing under its solid waste franchise agreement, pursuant
to the terms of a settlement agreement and release.
Attachment(s)
cc: Arthur Noriega, V, City Manager
Miriam Santana, Agenda Coordinator
VM/MCS/vja
City of Miami
Legislation
Resolution
Enactment Number: R-23-0478
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 -
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:
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.