HomeMy WebLinkAboutR-08-0095City of Miami
Legislation
Resolution: R-08-0095
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00150 Final Action Date: 2/28/2008
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
APPROVAL OF THE REIMBURSEMENT OF FUNDS, WHICH WERE PAID TO THE
CITY OF MIAMI ("CITY") IN ERROR, FOR MISCODED ACCOUNTS PER THE
CITY'S NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE
AGREEMENT, IN THE AMOUNT OF $92,762.73, TO ALLIED WASTE INDUSTRIES,
INC.;STIPULATING THAT SAID AMOUNT CANNOT BE INCREASED WITHOUT
PRIOR APPROVAL OF THE CITY'S OFFICE OF STRATEGIC PLANNING,
BUDGETING AND PERFORMANCE; ALLOCATING FUNDS FROM ACCOUNT
CODE NO. 04001.213000.549000.
WHEREAS, pursuant to Ordinance No. 11837, adopted September 28, 1999, the City
Commission amended Chapter 22 of the Code of the City of Miami, Florida, as amended ("City
Code"), entitled "Garbage and Other Solid Waste," to replace regulatory permits for providing
commercial solid waste services with commercial franchises to qualified firms; and
WHEREAS, it was determined that it was in the best interest of the City of Miami ("City") to issue
a non-exclusive commercial solid waste franchise to franchisees to engage in commercial solid waste
collection services; and
WHEREAS, pursuant to Resolution No. 04-0496, adopted July 22, 2004, the City Commission
authorized the City Manager to execute non-exclusive franchise agreements with qualified providers
for Citywide commercial solid waste collection and BFI Waste Systems of North America, Inc. a/k/a
Browning -Ferris Industries, Inc. ("BFI") was selected as one of the qualified providers to enter into a
non-exclusive commercial solid waste franchise agreement with the City; and
WHEREAS, the non-exclusive commercial solid waste franchise agreement with qualified
providers was intended to be contingent upon the City amending Chapter 22 of the City Code, which
was subsequently amended pursuant to Ordinance No. 12599 and Resolution No. 94-0672, both
adopted October 14, 2004; and
WHEREAS, BFI was subsequently sold by its parent company Allied Waste Industries, Inc. to
Waste Services of Florida, Inc. and its parent company Waste Services, Inc. pursuant to a Sale and
Purchase Agreement dated March 31, 2007 as indicated in connection with Resolution No. 07-0175
adopted by the City Commission on March 22, 2007 authorizing the assignment by BFI and
assumption of BFI's non-exclusive commercial solid waste franchise agreement with the City to
Waste Services of Florida, Inc. and Waste Services, Inc.; and
WHEREAS, at the time that BFI was being sold, both Miami -Dade County and the City were in the
process of auditing the respective commercial solid waste fees paid by BFI to Miami -Dade County
and to the City for the period from October 1, 2005 through September 30, 2006 and as a result, on
March 16, 2007, a Miami -Dade County audit determined that BFI remitted, in error, the amount of
$121,391.53, for said franchise fees to the City that were due to Miami -Dade County; and
City of Miami
Page 1 of 2 File Id: 08-00150 (Version: 1) Printed On: 4/27/2017
File Number: 08-00150 Enactment Number: R-08-0095
WHEREAS, subsequently, on March 26, 2007, November 6, November 26, 2007, and November
30, 2007, the Office of the Auditor General of the City submitted correspondence detailing audits and
reviews (No. 07-010, No. 08-004, and No. 08-012) conducted by said office and determined that of
the original amount paid by BFI, $28,628.80 was due to the City and that Allied Waste Industries, Inc.
(as the former parent company of BFI during the time period in question), was entitled to a
reimbursement of the amount of $92,762.73; and
WHEREAS, funds are available from Account Code No. 04001.213000.549000;
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 reimbursement of funds, which were paid to the City in error, for miscoded
accounts per the City's non-exclusive Commercial Solid Waste Franchise Agreement, in the amount
of $92,762.73, to Allied Waste Industries, Inc., is authorized, with funds allocated from Account Code
No. 04001.213000.549000, with the stipulation that said amount cannot be increased without prior
approval of the City's Office of Strategic Planning, Budgeting and Performance.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of the 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 File Id: 08-00150 (Version: 1) Printed On: 4/27/2017