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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00430 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, BETWEEN THE
CITY AND T & S LIMITED, INC., D/B/A ROLL -OFF SOLUTIONS, TO THUNDER
DEMOLITION, 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, regulates
non-exclusive franchises for commercial solid waste services; and
WHEREAS, pursuant to Resolution No. 04-0496, adopted July 22, 2004, the City Commission
authorized the City Manager to execute a non-exclusive Commercial Solid Waste Franchise
Agreement (the "Franchise Agreement") with T& S Limited, Inc. as one of the qualified responders to
the City's Request for Qualifications No. 03-04-107 and T&S Limited, Inc., doing business under the
name "T&S Limited, Inc. DIBIA Roll -Off Solutions" ("T&S"), entered into the Franchise Agreement;
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 T & S subsequently entered into the Addendum with the City of Miami ("City"); and
WHEREAS, the City has been advised of the sale of T & S to Thunder Demolition, Inc., a Florida
corporation ("Thunder"); and
WHEREAS, pursuant to Section 13.1 of Article XIII "Assignability" of the Franchise Agreement, T &
S has provided all required reports and letters to the Director of the Department of Solid Waste and T
& S 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 T & S 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 T & S to Thunder is in the best interests of the City, and (2)
that T & S and Thunder enter into an Assignment and Assumption Agreement (the "Assignment and
Assumption Agreement'), the Franchise Agreement, and the Addendum; and
WHEREAS, T & S and Thunder have requested the City Commission's approval of the assignment
as required by Section 13.1 of the Franchise Agreement;
City of Miami Page 1 of 2 Printed On: 3/29/2007
File Number: 07-00430
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
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 between the City and T & S to Thunder 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.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JOR L. FERNANDEZ
CITY ATTORNEY
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.
City of Miami Page 2 of 2 Printed On: 3/29/2007