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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00243 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
$376,252.00, IN PAYMENT OF ALL CLAIMS AND DEMANDS FOR AUDIT NO.
14-0014 OF PROGRESSIVE WASTE SOLUTIONS OF FLORIDA, INC. (F/K/A
WASTE SERVICES OF FLORIDA, INC.), A DELAWARE CORPORATION;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT AND
RELEASE, IN SUBSTANTIALLY THE ATTACHED FORM, TO EFFECTUATE THE
PAYMENT.
WHEREAS, Progressive Waste Solutions of Florida, Inc., a Delaware Corporation ("Progressive")
or its predecessors in interest or affiliates have been approved franchisees of the City of Miami ("City")
providing commercial solid waste collection and disposal services under a franchise agreement dated
October 1, 2004, approved in 2004 pursuant to Resolution Nos. 04-0496 and 04-0672 (the 2004
Franchise Agreement), and a franchise agreement dated October 1, 2010, approved in 2010 pursuant
to Resolution No. 10-0419 (the 2010 Franchise Agreement) (the 2004 Franchise Agreement, and the
2010 Franchise Agreement are collectively the "Franchise Agreements"); and
WHEREAS, the Department of Solid Waste provides management and oversight of commercial
solid waste franchisees ("Franchisees") and coordinates audits of the various Franchisees with the
Office of the Independent Auditor General ("Auditor General"); and
WHEREAS, pursuant to Audit No. 14-0014 by the Auditor General, attached and incorporated as
Attachment "A", the City and Progressive have reviewed the billing records under the Franchise
Agreements from March 1, 2008 through February 28, 2013 ("Period"), and have agreed on the extent
of outstanding balances, and seek full payment in connection with all fees due to the City under the
Franchise Agreement; and
WHEREAS, the Period covers four (4) prior audits, and Progressive represents that they have
provided the City with records of all accounts that relate to the Franchise Agreements during the
Period and that representations made as part of the audit were truthful and to the best of Progressive's
knowledge; and
WHEREAS, Progressive has already paid the City $15,348,936.00 in franchise fees for the Period;
and
WHEREAS, the City and Progressive have agreed that the outstanding amount due from
Progressive to the City, as of April 10, 2014, is $236,067.00 in franchise fees, and $81,599.00 in
non-payment penalty for a total payment due to the City of $376,252.00, attached and incorporated as
Attachment "B"; and
WHEREAS, given the total franchise fees paid to the City for the Period, relative to the franchise
fees that are due, coupled with prior audits for the Period, Progressive has requested an Agreement
and Release for said period;
City of Miami Page 1 of 2 File Id: 14-00243 (Version: 1) Printed On: 3/24/2014
File Number: 14-00243
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 $376,252.00, in payment of all claims and
demands for Progressive's Audit No. 14-0014, is accepted.
Section 3. The City Manager is authorized {1} to execute an Agreement and Release, in
substantially the attached form, to effectuate the payment.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APP OVED AS TO FORM AND CORRECTNESS:
,1'-
VIC'' ORIA M NDE
CITY ATTORNEY
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: 14-00243 (Version: 1) Printed On: 3/24/2014