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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov,com
File Number: 11-01187 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PAYMENT TO THE CITY OF MIAMI IN THE AMOUNT OF
$ , IN SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR THE FINAL
AUDIT OF CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC., PRIOR TO
CONSIDERATION OF THE TRANSFER OF THE CITY OF MIAMI COMMERCIAL
SOLID WASTE FRANCHISE AGREEMENT; AUTHORIZING THE CITY MANAGER
TO EXECUTE A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, TO EFFECTUATE THE SETTLEMENT.
WHEREAS, Choice Environmental Services of Miami, Inc. ("Choice") obtained a Commercial Solid
Waste Franchise Agreement ("Franchise Agreement ") with the City of Miami ("City"); and
WHEREAS, Choice desires to transfer the rights it has under the Franchise Agreement; and
WHEREAS, prior to the transfer of any rights under a Franchise Agreement an audit of monies
owed under the Franchise Agreement was performed pursuant to City ordinance; and
WHEREAS, that audit revealed that monies were due from Choice to the City; and
WHEREAS, the City and Choice have agreed that the amount due from Choice to the City is
$ ; and
WHEREAS, Choice desires to resolve this audit in order to allow consideration of the transfer of
the Franchise Agreement;
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 fully set forth in this Section.
Section 2. Payment to the City, in the amount of , in full resolution of amounts owed
by Choice to the City is accepted.
Section 3. The City Manager is authorized{1} to execute a Settlement Agreement, in substantially
the attached form, to effectuate the settlement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
City of Miami
Page 1 of 2 File Id: 11-01187 (Version: I) Printed On: 4/30/2012
File Number: 11-01187
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU0A v
CITY ATTORNE
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 File Id: 11-01187 (Version: 1) Printed On: 4/30/2012