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City of Miami
Legislation
Resolution
City 'Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01323
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 JAA INDUSTRIAL WASTE, INC. ("JAA"), TO ALL FLORIDA LAND
CLEANING, INC. ("AFLC") AND THE CITY OF MIAMI; 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, 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 JAA Industrial Waste, Inc. ("JAA"), 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 JAA subsequently entered into the Addendum with the City; and
WHEREAS, the City has been advised of the sale of JAA, a Florida corporation ("Seller" or
"Assignor") to All Florida Land Cleaning, Inc. ("AFLC"), a Florida corporation ("Buyer"); and
WHEREAS, pursuant to Section 13.1 of Article XIII "Assignability" of the Franchise Agreement,
Seller has provided all required reports and letters to the Director of the Department of Solid Waste
and Seller 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
WHEREAS, the Department of Solid Waste has found Seller to be in complete compliance with the
Franchise Agreement and the Addendurn, has found JAA and AFLC to be in compliance with the
requirements of the RFQ, and has recommended: (1) that the assignment of the Franchise Agreement
and Addendum from JAA to AFLC is in the best interests of the City, (2) that Seller as Assignor, and
JAA as Assignees enter into an Assignment and Assumption Agreement (the "Assignment and
Assumption Agreement') and (3) that AFLC enter into a Franchise Agreement and an Addendum; and
WHEREAS, Seller, JAA and AFLC have requested the City Commission's approval of the
assignment as required by Section 13.1 of the Franchise Agreement;
NOW, THEREFORE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
C'ilr of ,? ialni
Page 1 of 2 Pri:r!' Or:: i'0/36/2007
File Number: 07-01323
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 between the City and JAA to AFLC 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 adoption and the signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGEu 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.
Citi of Miami
Page 2 of 2 Printed On: I0/30'2007