Loading...
HomeMy WebLinkAboutMemoTO : FROM : Pedro G. Hernandez City Manager City Manager's Office Mario E Soldevilla Director Department of Solid Waste Iti i1! viii, INTER-OFFICl. MEMORANDUM DATE: SUBJECT : March 13, 2007 FILE : Assignment of BFI Franchise Agreement to Waste Services of Florida, Inc. REFERENCES: ENCLOSURES: Please be advised that the City Commission pursuant to Resolution No. R-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. ("BFI") as one of the qualified responders to the City's RFQ No. 03-04-107 (the "RFQ"); and the City Commission pursuant to Ordinance No. 12599 and Resolution No. R-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. 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"). 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 it is in complete compliance with the Franchise Agreement and the Addendum; and 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. 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').