HomeMy WebLinkAboutR-19-0009City of Miami
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Legislation
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try Resolution: R-19-0009
File Number: 5349
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/10/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PAYMENT TO THE CITY OF MIAMI IN THE AMOUNT OF
$500,000.00 FOR PAYMENT OF ALL REMAINING CLAIMS AND DEMANDS
PURSUANT TO AUDIT NO. 18-08 OF WASTE CONNECTIONS OF FLORIDA,
INC., F/K/A PROGRESSIVE WASTE SOLUTIONS OF FL, INC., A DELAWARE
CORPORATION.
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.18-08, attached and incorporated as Attachment "A,"
the City of Miami ("City") and Waste Connections of Florida, Inc., f/k/a Progressive Waste
Solutions of FL, Inc., a Delaware Corporation ("Progressive"), have reviewed the billing records
under the Non -Exclusive Commercial Solid Waste Franchise Agreements ("Franchise
Agreements") from March 1, 2013 through January 31, 2016 ("Period"); and
WHEREAS, Progressive represents that it has 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, on October 19, 2018, Progressive remitted payments in full to the City
totaling $503,850.00 for findings 1 through 5.a. and finding 6 in Audit No. 18-08; and
WHEREAS, the City and Progressive have agreed that the outstanding amount due from
Progressive to the City for the Period as of December 19, 2018 is $379,502.00 in franchise fees
and $120,498.00 in non-payment penalties for a total payment due to the City of $500,000.00
pursuant to finding 5.b. in Audit No. 18-08;
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 if fully set forth in this Section.
Section 2. Payment to the City in the amount of $500,000.00 in payment of all remaining
claims and demands for the Period of Progressive's Audit No. 18-08 is accepted.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
' 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 1 of 2 File ID: 5349 (Revision:) Printed On: 1/30/2019
File ID: 5349
APPROVED AS TO FORM AND CORRECTNESS:
1
ria ndez, ity ttor ey 12128/2018
Enactment Number: R-19-0009
City of Miami Page 2 of 2 File ID: 5349 (Revision:) Printed on: 113012019