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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-01242 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
$1,405,133.00, IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR THE
CASE OF SOUTHERN WASTE SYSTEMS, L.L.C. VS. CITY OF MIAMI,
MIAMI-DADE CIRCUIT COURT CASE NO. 13-00619, PURSUANT TO THE TERMS
OF THE SETTLEMENT AGREEMENT AND RELEASE; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND RELEASE, IN
SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE
SETTLEMENT.
WHEREAS, Southern Waste Systems, L.L.C. ("SWS") obtained a Commercial Solid Waste
Franchise Agreement ("Franchise Agreement") from the City of Miami ("City") in 2004 and again in
2010; and
WHEREAS, Audit No. 13-004 was performed by the City covering the period from October 1, 2004
through September 30, 2012, which revealed that franchise fees were due from SWS to the City; and
WHEREAS, SWS disputed the findings of the audit and sued the City in Miami -Dade Circuit Court
for declaratory relief; and
WHEREAS, the City counterclaimed in that lawsuit for all amounts due by SWS to the City for the
period from October 1, 2004 through September 30, 2012; and
WHEREAS, the City and SWS have agreed that the franchise fees due from SWS to the City are
$1,405,133.00; and
WHEREAS, the City and SWS have agreed to settle all claims with SWS paying the City
$1,405,133.00 and the City and SWS exchanging mutual releases of all claims arising from or relating
to the lawsuit and/or the franchise agreements from October 1, 2004 through September 30, 2012
between the City and SWS; and
WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit and prosecuted
this lawsuit and recommends that said claim and lawsuit be settled for the sum of $1,405,133.00;
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.
City of Miami Page 1 of 2 File Id: 14-01242 (Version: 1) Printed On: 11/26/2014
File Number: 14-01242
Section 2. Payment to the City, in the amount of $1,405,133.00, in full settlement of all claims and
demands for the case of Southern Waste Systems, L.L.C. vs. City of Miami, Miami -Dade Circuit Court
Case No. 13-0061, pursuant to the terms of the Settlement Agreement and Release, is accepted.
Section 3. The City Manager is authorized{1} to execute the Settlement Agreement and Release,
in substantially the attached form, and all necessary documents, in a form acceptable to the City
Attorney, to effectuate the Settlement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPtROVED AS TO FORM AND FORRECTNESS:
VItTORIAMENDEZJ,
CITY ATTORNEY civ
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 (10) 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: 14-01242 (Version: 1) Printed On: 11/26/2014