HomeMy WebLinkAboutAgenda Item Summary FormDate: 12/26/2018
AGENDA ITEM SUMMARY FORM
File ID: #5349
Commission Meeting Date: 01/10/2019
Requesting Department: Department of Solid
Waste
Sponsored By:
District Impacted: All
Type: Resolution
Subject: Accept Payment - Waste Connections of Florida, Inc.
Purpose of Item:
A Resolution of the Miami City Commission, with attachments(s), accepting a payment
to the City of Miami, in the amount of $500,000.00, in payment of all remaining claims
and demands for Audit No. 18-08 of Waste Connections of Florida, Inc. (F/K/A
Progressive Waste Solutions of FL, Inc.), a Delaware Corporation.
Background of Item:
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 in settlement of finding 5.b. in Audit No. 18-08;
Budget Impact Analysis
Item is Related to Revenue
Total Fiscal Impact:
General Account No: 04001.212000.429020.0000.00000
Reviewed By
Department of Solid Waste Mario F Nunez
Office of Management and Budget Everton Garvis
Office of Management and Budget Christopher M Rose
City Manager's Office
Fernando Casamayor
Legislative Division
Valentin J Alvarez
City Manager's Office
Nikolas Pascual
Office of the City Attorney
Barnaby L. Min
Office of the City Attorney
Victoria Mendez
City Commission
Maricarmen Lopez
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
Department Head Review
Completed
12/26/2018 11:14 AM
Budget Analyst Review
Completed
12/27/2018 9:17 AM
Budget Review
Completed
12/28/2018 10:19 AM
Assistant City Manager Review
Completed
12/28/2018 1:26 PM
Legislative Division Review
Completed
12/28/2018 1:54 PM
City Manager Review
Completed
12/28/2018 1:56 PM
Deputy City Attorney Review
Completed
12/28/2018 2:10 PM
Approved Form and Correctness
Completed
12/28/2018 3:26 PM
Meeting
Completed
01/10/2019 9:00 AM
Signed by the Mayor
Completed
01/18/2019 2:45 PM
Signed and Attested by the City Clerk
Completed
01/18/2019 3:51 PM
Rendered
Completed
01/18/2019 3:52 PM
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City of Miami
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Legislation 3500 Pan American Drive
Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-19-0009
File Number: 5349 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.
APPROVED AS TO FORM AND CORRECTNESS:
EJ1 t6 ria ' ndez,ity +r—e'y— 1212812018