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Legislation,
Resolution
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Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00394 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE ASSIGNMENT OF A CITY OF MIAMI ("CITY") COMMERCIAL
SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT AND ADDENDUM
THERETO, BETWEEN THE CITY AND BFI WASTE SYSTEMS OF NORTH
AMERICA, INC., TO WASTE SERVICES OF FLORIDA, INC. AND WASTE
SERVICES, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ASSIGNMENT AND ASSUMPTION AGREEMENT, THE CITY'S COMMERCIAL
SOLID WASTE FRANCHISE AGREEMENT, AND THE ADDENDUM TO THE
CITY'S COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORMS.
WHEREAS, Chapter 22 of the Code of the City of Miami, Florida, as amended (the "Code")
regulates non-exclusive franchises for commercial solid waste services; and
WHEREAS, the City Commission pursuant to Resolution No. 04-0496, adopted July 22, 2004'(the
"Authorizing .Resolution"), authorized the City Manager to execute a non-exclusive Commercial Solid
Waste Franchise Agreement (the "Franchise Agreement") with BFI Waste Systems of North America,
Inc., a Delaware Corporation ("BFI"), as one of the qualified responders to the City of Miami's ("City's")
Request for Qualifications No. 03-04-107 (the "RFQ"); and
WHEREAS, the City Commission pursuant to Ordinance No. 12599 and Resolution No. 04-0672,
both adopted October 14, 2004, authorized an Addendum to the Franchise Agreement (the
"Addendum") and BFI subsequently entered into the Addendum with the City; and
WHEREAS, the City has been advised of the sale of BFI to Waste Services of Florida, Inc., a
Delaware corporation ("Waste Services of Florida"), and its parent company Waste Services, Inc., a
Delaware corporation ("Waste Services"); and
WHEREAS, pursuant to Section 13.1 of Article XIII "Assignability" of the Franchise Agreement, BFI
has provided all required reports and letters to the Director of the Department of Solid Waste and BFI
has certified that it has no outstanding balances due to the City and that it is in complete compliance
with the Franchise Agreement and the Addendum; and
WHEREAS, the Department of Solid Waste has found BFI to be in complete compliance with the
Franchise Agreement and the Addendum and has recommended (1) that the assignment of the
Franchise Agreement and Addendum from BFI to Waste Services of Florida and Waste Services is in
the best interests of the City, and (2) that BFI, Waste Services of Florida and Waste Services enter
into and Assignment and Assumption Agreement (the "Assignment and Assumption Agreement'); and
WHEREAS, BFI, Waste Services of Florida, and Waste Services have requested the City
Commission's approval of the assignment as required by Section 13.1 of the Franchise Agreement;
City of Mian:i
Page 1 of 2 Printed On: 3/13/2007
File Number: 07-00394
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 if fully set forth in this Section.
Section 2. The assignment of a City Commercial Solid Waste Non -Exclusive Franchise
Agreement and Addendum thereto between the City and BFI to Waste Services of Florida and Waste
Services is approved.
Section 3. The City Manager is authorized{1} to execute the Assignment and Assumption
Agreement, the Franchise Agreement, and the Addendum, in substantially the attached forms.
Section 4. This Resolution shall become effective immediately upon its adopt and the signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
06
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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.
Ciyv of Miami Page 2 of 2 Printed On: 3/13/2007