HomeMy WebLinkAboutR-12-0207City of Miami
Legislation
Resolution: R-12-0207
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-01187 Final Action Date: 5/24/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PAYMENT TO THE CITY OF MIAMI IN THE AMOUNT OF
$660,409.57, 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 AND AUTHORIZING THE
CITY MANAGER TO GRANT AND EXECUTE A NEW FRANCHISE AGREEMENT
WITH CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC.
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 has transferred ownership of 51 % or more of its ownership interest since
entering into the Franchise Agreement triggering the requirement of obtaining a new Franchise
Agreement under sec. 22-57 of the Code; and
WHEREAS Choice desires to comply with the Code and obtain the new Franchise Agreement;
and
WHEREAS, prior to a new Franchise Agreement being granted by the Commission an audit of
monies owed under the existing Franchise Agreement was performed pursuant to the Code; 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
$660,409.57; and
WHEREAS, Choice desires to resolve this audit in order to allow the grant of a new 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 $660,409.57, in full resolution of amounts owed
by Choice to the City is accepted.
City of Miami
Page 1 of 2 File Id: 11-01187 (Version: 2) Printed On: 11/9/2017
File Number: 11-01187 Enactment Number: R-12-0207
Section 3. The City Manager is authorized{1} to execute a Settlement Agreement, in substantially
the attached form, to effectuate the settlement.
Section 4. The City Manager is further authorized{1} to grant and execute a new Franchise
Agreement to Choice after receipt of the $660,409.57 agreed upon in the Settlement Agreement.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
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: 2) Printed On: 11/9/2017