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HomeMy WebLinkAboutLegislationCity of Miami 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