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HomeMy WebLinkAboutMemo - Office of the City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Julie O. Bru, City Attorneyov DATE: May 10, 2012 RE: Proposed Settlement for City' Commission Meeting — May 24, 2012 Choice Environmental Services Audit/Settlement File ID No.: 11-01187 The attached proposed Resolution seeks authorization for the City Manager to execute a Settlement Agreement and Release for settlement of all claims of the City of Miami against Choice Environmental Services of Miami, Inc., ("Choice") by a payment to the City of Miami in the amount of $660,409.57. The resolution also authorizes the City Manager to grant and execute a new Franchise Agreement for the remainder of the franchise period to Choice as required by sec. 22-57(c) of the City Code after the transfer of 51% or more of the ownership of the franchisee. This audit was performed as required by the City Code to ensure that Choice was in compliance with the Commercial Solid Waste Franchise Agreement it entered into with the City of Miami. The Department of Solid Waste has completed the audit in conjunction with the City Manager and the City Manager and the Director of Solid Waste recommend acceptance of $660,409.57 in satisfaction of the audit and recommend that a new Franchise Agreement be granted to Choice cc: Johnny Martinez, P.E., City Manager Elvi Gallastegui, Agenda Coordinator Attachment(s) 314881