97-22548 RESO
RESOLUTION NO. 97-22548
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN
ASSIGNMENT OF THE NON-EXCLUSIVE FRANCHISE FOR
COLLECTION AND DISPOSAL OF SOLID WASTE, GRANTED BY
THE CITY TO BROWNING-FERRIS INDUSTRIES OF FLORIDA,
INC. (FORMERLY INDUSTRIAL WASTE SERVICE, INC.)
(ASSIGNOR), PURSUANT TO ORDINANCE NO. 91-2760, TO BFI
WASTE SYSTEMS OF NORTH AMERICA, INC. (BFI WASTE)
(ASSIGNEE), A WHOLLY OWNED SUBSIDIARY OF BROWNING-
FERRIS INDUSTRIES, INC., ADELA W ARE CORPORATION; SAID
ASSIGNMENT APPROVED AND GRANTED BY THE CITY
SUBJECT TO AND CONTINGENT UPON THE EXECUTION OF AN
AGREEMENT OF ACCEPTANCE BETWEEN BROWNING-FERRIS
INDUSTRIES OF FLORIDA, INC., AND BFI WASTE SYSTEMS
OF NORTH AMERICA, INC., IN A FORM TO BE APPROVED BY
THE ADMINISTRATION AND CITY ATTORNEY'S OFFICE,
EVIDENCING THAT BFI WASTE SYSTEMS OF NORTH
AMERICA, INC., ACCEPTS THE ASSIGNMENT SUBJECT TO ANY
AND ALL OF THE TERMS, CONDITIONS AND LIMITATIONS
IMPOSED BY ORDINANCE NO. 91-2760, AND WHICH
ACCEPTANCE SHALL INCLUDE AN AFFIRMATIVE STATEMENT
AFFIRMING BFI WASTE SYSTEMS OF NORTH AMERICA, INC.'S
INTENT TO FULFILL THE OBLIGATIONS FORMALLY IMPOSED
UPON BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC.;
AND NOTWITHSTANDING THE CITY'S APPROVAL OF SAID
ASSIGNMENT AND BFI WASTE SYSTEMS OF NORTH
AMERICA, INC.'S ACCEPTANCE, BROWNING-FERRIS
INDUSTRIES OF FLORIDA, INC. SHALL GUARANTEE THE
PERFORMANCE OF BFI WASTE SYSTEMS OF NORTH
AMERICA, INC. AND SAID ASSIGNMENT SHALL ALWAYS
REMAIN WITH FULL RECOURSE TO BROWNING-FERRIS
INDUSTRIES OF FLORIDA, INC., ALL AS FURTHER PROVIDED
BY ORDINANCE NO. 91-2760.
WHEREAS, on April 24, 1991, the Mayor and City Commission adopted Ordinance
No. 91-2742 (Ordinance), amending Chapter 14A of the Miami Beach City Code entitled,
"Garbage;" and
WHEREAS, the Ordinance provides for the licensing and operational criteria for not more than
five (5) franchise waste contractors to provide residential and commercial waste collection and
disposal in the City; and
WHEREAS, pursuant to Ordinance No. 91-2742, on October 9, 1991, the Mayor and City
Commission adopted Ordinance No. 91-2760, providing for the granting of a non-exclusive
franchise to Browning-Ferris Industries of Florida, Inc. (formerly Industrial Waste Service, Inc.,
a Florida corporation) (Assignor), for the collection and disposal of solid waste generated within
the City; and
WHEREAS, on September 11, 1997, Browning-Ferris Industries of Florida, Inc., notified the
Administration of its intent to consolidate its U.S. subsidiaries, by an intra-corporate assignment,
and thereby assign it's non-exclusive franchise to BPI Waste Systems of North America, Inc.
(Assignee), a wholly owned subsidiary of Browning-Ferris Industries, Inc., a Delaware
Corporation; and
WHEREAS, both Ordinance Nos. 91-2742 and 91-2760 require that franchise rights granted by
the City thereunder shall not be assigned except with the express approval of the Mayor and City
Commission, which approval shall not be unreasonably withheld; and
WHEREAS, additionally, Ordinance No. 91-2760 requires that in the event of approval of an
assignment, the Assignor or, in this case, Browning-Ferris Industries of Florida, Inc., shall cause
its Assignee, or BPI Waste Systems of North America, Inc., to execute an Agreement of
Acceptance, subject to the approval of the City, evidencing that such Assignee accepts the
assignment subject to any and all of the terms, conditions and limitations originally imposed upon
the Assignor pursuant to Ordinance No. 91-2760, and which acceptance shall include an
affirmative statement evidencing such Assignee's intent to fulfill the obligations originally imposed
2
upon the Assignor in contemplation of the assignment; and
WHEREAS, furthermore, pursuant to Ordinance No. 91-2760, notwithstanding the City's
approval of the assignment herein, and BFI Waste Systems of North America, Inc' s. acceptance
of same, Browning-Ferris Industries of Florida, Inc., shall continue to guarantee the performance
of its Assignee and such assignment is herein granted with the understanding between all parties
that there shall always be full recourse to Browning-Ferris Industries of Florida, Inc.; and
WHEREAS, upon notification of the proposed assignment, the Administration has reviewed
BPI Waste Systems of North America, Inc. 's, credentials with regard to the adequacy and
sufficiency of the proposed Assignee's ability to assume the franchise, and would herein
recommend that the Mayor and City Commission approve the proposed assignment of the non-
exclusive franchise for the collection and disposal of solid waste from Browning-Ferris Industries
of Florida, Inc., as Assignor, to BPI Waste Systems of North America, Inc., as Assignee, subject
to and contingent upon the parties compliance with the requirements in Ordinance No. 91-2760,
as specifically set forth herein; and
WHEREAS, in order to insure compliance with Ordinance No. 91-2760, the Administration
would further recommend that the Mayor and City Commission approve the proposed assignment,
subject to review of the required Agreement of Acceptance to be submitted by Browning-Ferris
Industries of Florida, Inc., and BPI Waste Systems of North America, Inc., by the Administration
and City Attorney's Office.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
3
Commission herein approve an assignment of the non-exclusive franchise for collection and
disposal of solid waste, granted by the City to Browning-Ferris Industries of Florida, Inc.,
(Assignor) pursuant to Ordinance No. 91-2760, to BPI Waste Systems of North America,
Inc. (Assignee); said assignment approved and granted by the Gity subject to and contingent upon
the execution of an Agreement of Acceptance between Browning-Ferris Industries of Florida, Inc.,
and BPI Waste Systems of North America, Inc., in a form to be approved by the Administration
and City Attorney's Office, evidencing that BPI Waste Systems of North America, Inc., accepts
the assignment subject to any and all of the terms, conditions and limitations imposed by
Ordinance No. 91-2760, and which acceptance shall include an affirmative statement affirming
BPI Waste Systems of North America, Inc. 's intent to fulfill the obligations formally imposed
upon Browning-Ferris Industries of Florida, Inc.; and notwithstanding the City's approval of said
assignment and BFI Waste Systems of North America, Inc. 's acceptance, Browning-Ferris
Industries of Florida, Inc., shall guarantee the performance of BPI Waste Systems of North
America, Inc., and said assignment shall always remain with full recourse to Browning-Ferris
Industries of Florida, Inc., all as further provided by Ordinance No. 91-2760.
PASSED and ADOPTED this ~ day
ATTEST:
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CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4
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Attorney
~
CITY OF
MIAMI BEACH
~
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ~ l. '2. -91
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
October 08, 1997
FROM:
Jose Garcia-Pedrosa InI
City Manager iV f
A RESOLUTIOrf OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ASSIGNl\1ENT
AND TRANSFER OF THE FRANCmSE LICENSE FROM BROWNING-
FERRIS INDUSTRIES OF FLORIDA, INC. (FORl\1ERL Y INDUSTRIAL
WASTE SERVICE, INC.), TO BFI WASTE SYSTEMS OF NORTH
AMERICA, INC. ("BFI W ASTE"), A WHOLLY O\VNED SUBSIDIARY OF
BROWNING-FERRIS INDUSTRIES, INC. A DELAWARE CORPORATION.
SUBJECT:
ADMINISTRATION RECOMMENDATION:
To approve the Resolution.
BACKGROUND:
Chapter 14A, Article III of the City Code as amended through Ordinance No. 91-2742 authorized
five private waste companies to collect all garbage, trash, or waste accumulated in the City by
commercial establishments, industrial users, hotels and rooming houses, owners and occupants of
multi-family residences of nine dwelling units or more. Waste contractors pay a franchise fee to the
City of 12% of their gross monthly receipts. This agreement is scheduled to terminate on
October 1, 1998.
Ordinance No. 91-2760 known as the "Industrial Waste Service, Inc. Franchise Ordinance" in
Section 7 (Assignments), allows for the assignment of the non-exclusive Franchise providing that
prior express approval is received from the City. Section 7, paragraph 1, clearly states that, "the
franchise rights herein granted to the Grantee and any licenses granted to the Grantee by the City
shall not be assigned by the Grantee except with the express approval of the Grantor, which approval
shall not be unreasonably withheld, but which shall be reflected by a resolution of the Grantor. In
the event of such assignment, Grantee shall cause its Assignee to execute an Agreement of
Acceptance, subject to the approval of the Grantor, evidencing that such Assignee accepts the
assignment subject to any and all of the terms, conditions, and limitations imposed, and which
acceptance shall include an affirmative statement evidencing such Assignee's intent to fulfill the
C-1F
10-8-92
AGENDA ITEM
DATE
Commission Memorandum
Page 2
October 08, 1997
~~....
obligations imposed upon Grantee. Grantee shall guarantee the performance of its Assignee and
such assignment shall always be with full recourse to Grantee."
On September 11, 1997, the Administration received a letter from Browning-Ferris Industries of
Florida Inc. requesting the assignment and transfer of its Non-exclusive Franchise to BFI Waste
Systems of North America, Inc. ("BFI Waste").
In the above mentioned correspondence, Browning-Ferris Industries of Florida, Inc. and BFI Waste
Systems of North America, Inc. expressed an agreement of acceptance, evidencing that such
Assignee accepts the assignment as described in the above paragraph. Grantee, in accordance with
said Ordinance, agrees to guarantee said performance.
ANAL YSIS:
After careful review, no reason was found to deny the request to transfer the Franchise License. If
the proposed transfer is approved:
Browning-Ferris Industries of Florida Inc.'s License would be transferred to BFI Waste Systems of
North America, Inc. ("BFI Waste").
This transfer is being requested as a result of BFI's internal efforts to consolidate its U.S.
subsidiaries; however, the City has been assured that the current management and operations of the
various facilities would not be affected by this merger into BFI Waste. On September 24, 1997, the
Administration received a letter of positive assurance that the requested assignment will not result
in any changes in management, personnel, equipment or schedule of services provided for the City
of Miami Beach under this franchise agreement. A commitment has been made to continue to
provide the City with outstanding service.
BFI Waste is a full service solid waste disposal provider which includes commercial solid waste
disposal service, roll-off service, recycling, residential garbage collection, and trash & bulky waste
pickup and disposal.
CONCLUSION
The Administration recommends approval by the Mayor and City Commission of the attached
Resolution authorizing the transfer of the Franchise License from Browning-Ferris Industries of
Florida, Inc., to BFI Waste Systems of North America, Inc. ("BFI Waste").
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Recycled Paper 0
October 10, 1997
Joe Pinon
Assistant City Manager
City of Miami Beach
1700 Convention Center Dr.
Miami Beach, FL 33139
ASSIGNMENT OF AGREEMENT WITHIN BFI CORPORATE CONGLOMERATE
Dear Mr. Pinon:
Pursuant to the "Sublease and Assignment" clause of the Agreement
to Operate Stash Area Located in Bayshore Golf Course North of the
Intersection of 28th Street and Meridian Avenue in the City of
Miami Beach, Florida, entered into between the City of Miami Beach
and Browning-Ferris Industries of Florida, Inc. (formerly
Industrial Waste Service, Inc.), Browning-Ferris Industries of
Florida, Inc. hereby requests that the City of Miami Beach give
written consent to the assignment and transfer of the above-
referenced contract to BFI Waste Systems of North America, Inc.
("BFI Waste"), a wholly-owned subsidiary of Browning-Ferris
Industries, Inc., a Delaware corporation. BFI Waste hereby agrees
to assume all of the existing obligations under the Agreement.
This transfer is being requested as a result of BFI's internal
efforts to consolidate its U.S. subsidiaries; however, the current
management and operations of the various facilities will not be
affected by the merger of Browning-Ferris Industries of Florida,
Inc. into BFI Waste. We remain fully committed to providing
outstanding service to our customers.
By granting this approval, the City does not waive any claim it may
have against assignor or assignee, arising out of the use of land
leased from the City, nor does such approval constitute a warranty
of representation that any such use is free from default.
Please confirm your written consent to the transfer of the
Agreement by executing this letter on behalf of the City of Miami
Beach and returning it to me in the enclosed, self-addressed,
stamped envelope.
7650 NW 69th Avenue · Miami, Florida 33166 · Telephone: (305) 885-4004 · Fax: (305) 885-0224
Sales Center Fax: (305) 863-3634
Mr. Joe Pinon
October 10, 1997
Page 2
Thank you in advance for your cooperation with this clerical
matter.
Sincerely,
Browning-Ferris Industries
BFI Waste Systems of North
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Ross M. JOhn~~: Esq.
Director of Public Affairs
ATTEST: ~
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Robert Parcher, City Clerk
TRNMBS.ltr
of Florida, Inc. and
America, Inc.
AGREED AND ACCEPTED TO THIS 15th DA Y
OF OCTOB R, 1997
CITY
By:
i PPROVED AS TO
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. i FOR EXECUTION
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AGREEMENT TO OPERATE STASH AREA
lOCATED IN BA YSHORE GOLF COURSE
NORTH OF THE INTERSECTION OF 28TH STREET
AND MERIDIAN AVENUE IN THE CITY OF MIAMI BEACH, FLORIDA
This Agreement is executed on Jrme 1st , 1994, between the City of Miami
Beach, and Municipal Corporation of the State of Florida whose principle office is located at
1700 Convention Center Drive, Miami Beach, Florida 33139, hereinafter referred to as CITY,
and INDUSTRIAL WASTE SERVICE, INC. a Florida Corporation, whose
principle office is located at 3840 NW 37th Court r r-rimni , hereinafter referred
to as IWS. It is agreed as follows:
1. IWS agrees to operate the Stash Area in the Bayshore Golf Course of the City of Miami
Beach.
IWS shall be responsible for providing:
a) Manpower and equipment to receive, control, secure, collect dumping
fees and dispose of all material received seven (7) days per week, 360
days per year, from sunrise to sunset. (7:00 a.m. - 5:00 p.m.)
b) Stash Area site is authorized to be closed on Thanksgiving, Christmas,
New Years Day, July 4th and Labor Day. IWS will post these closure
dates all year.
IWS shall adhere to the following fee schedule:
Charges to the City of Miami Beach =
$8.35 per cubic yard
Charges to Residents ...
Automobiles (2 or 4 doors) ...
Station Wagons or Pick Ups =
Van or Trailer
FREE
FREE
$ 8.35 per cubic yard
Charges to City Landscape Firms:
Pickups
Van or Trailer ...
$30.00 each
$ 8.35 per cubic yard
A minimum of one (1) person shall be on site to charge the residents and licensed landscape
firms and to prepare tickets for the City vehicles. This person shall direct traffic to where loads
should be dropped.
hereby incorporated by reference.
DEFAULT AND TERMINATION
a) If IWS abandons or vacates the site prior to the expiration of the term hereof, or
b) if IWS fails to adhere to the fee schedule as set forth in this Agreement, or Subsection
C if IWS fails to discharge or bond off any lien filed on the site within fifteen (15) days of
written notice from CITY to IWS, or subsection B if IWS fails to perform in accordance with
any of the other terms and conditions herein contained, and such default is not cured within
thirty (30) days after written notice given to IWS than CITY may pursue any and all legal
remedies available to seek redress for such default, with the prevailing party paying all
reasonable legal fees; provided, however, that if such failure to perform is curable but of such
a nature that the cure cannot be completed within such thirty day period, such failure shall
not be deemed a default if IWS promptly commences cure upon receipt of such notice and
diligently prosecutes such cure to completion; provided, however, that such cure period shall
not exceed one hundred and twenty (120) days.
BANKRUPTCY OR INSOLVENCY
If IWS is adjudicated bankrupt or makes an assignment for the benefit of creditors, or if any
part of or the whole or any part of IWS's interest in the site, as set forth in this Agreement, is ·
sold under a legal order, or judgement, the CITY shall have the right to immediately terminate
this Lease and re-enter the site without notice or demand.
SUBLEASE AND ASSIGNMENT
IWS shall not sublease the site or any part thereof nor assign this Agreement without first
obtaining CITY's written approval therefore. IWS is prohibited from assigning this Agreement
to any person or entity which does not have the net assets equal to or greater than IWS and
the necessary operational experience to carry out the terms and responsibilities under this
Agreement.
NOTICES
All notices shall be sent to the parties at the following addresses:
CITY:
City of Miami Beach
City Manager
1 700 Convention Center Drive
Miami Beach, Florida 33139
WITH COPIES TO:
City Attorneys Office
1700 Convention Center Drive
Miami Beach, Florida 33139
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I certify from the records of this office that SFI WASTE SYSTEMS OF NORTH
AMERICA, INC., is a corporation organized under the laws of Delaware,
authorized to transact business in the State of Florida, qualified on
November 20, 1991.
The document number of this corporation is P36354.
I further certify that said corporation has paid all fees and penalties due this office
through December 31, 1997, that its most recent annual report was filed on
May 12, 1997, and its status is active.
I further certify that said corporation has not filed a Certificate of Withdrawal.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Fourth day of September, 1997
CR2E022 (2-95)
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September 11, 1997
Joe Pinon
Assistant City Manager
City of Miami Beach
1700 Convention Center Dr.
Miami Beach, FL 33139
ASSIGNMENT OF AGREEMENT WITHIN BFI CORPORATE CONGLOMERATE
Dear Mr. Pinon:
Pursuant to Paragraph 31 of the Service Agreement Between the City
of Miami Beach and Browning-Ferris Industries of Florida, Inc. for
City of Miami Beach Residential Solid Waste Collection and Yard
Trash Collection, Browning-Ferris Industries of Florida, Inc.
hereby requests that the City of Miami Beach give written consent
to the assignment and transfer of the above-referenced contract to
BFI Waste Systems of North America, Inc. ("BFI Waste"), a wholly-
owned subsidiary of Browning-Ferris Industries, Inc., a Delaware
corporation. BFI Waste hereby agrees to assume all of the existing
obligations under the Agreement. It is desired to effectuate this
transfer on or before September 30, 1997.
This transfer is being requested as a result of BFI's internal
efforts to consolidate its U.S. subsidiaries; however, the current
management and operations of the various facilities will not be
affected by the merger of Browning-Ferris Industries of Florida,
Inc. into BFI Waste. We remain fully committed to providing
outstanding service to our customers.
Please confirm your written consent to the transfer of the
Agreement by executing this letter on behalf of the City of Miami
Beach and returning it to me in the enclosed, self-addressed,
stamped envelope.
Thank you in advance for your cooperation with
matter.
Sincerely,
t his A1+RbWt1- AS TO
FORM & LANGUAGE
& FOR EXECUTION
Browning-Ferris Industries
BFI Waste Systems of North
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Ross M. John ~on, Esq.
Director of Public Affairs
of Florida, Inc. and
America, Inc.
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l...ily Attorney
AT~6' PaAtL-
Rob rt Parcher, City Clerk
TRNFRCMB.ltr
AGREED ANi ACCEPTED TO.
OF OCTOB~ ,1997 ~
CITY OF IAMI BEACH
THIS 15th DAY
BY:
TITLE!
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7650 NW 69th Avenue · Miami, Florida 33166 · Telephone: (305) 885-4004 · Fax: (305) 885-0224
Sales Center Fax: (305) 863-3634
SERVICE AGREElYIENT FOR
THE CITY OF MIAI\1I BEACH
FOR RESIDENTIAL SOLID WASTE COLLECTION AND YARD TR-\SH
COLLECTION
IN THE CITY OF lYlIAJ.'\11 BEACH
This Service Agreement for Residential Solid Waste Collection and Yard Trash Collection
(Agreement), is entered into this
day of
. 1997 by arC. be:ween
Bro'NIling-Ferris Industries of Florida, Inc. (EFT) (Contractor), and the City of Miami Beach, ?lorida
(City), for the purpose of solid waste collection and yard trash collection within the City of :Yfiami
Beach ciry limits (Collection Area), and other such services from the Collection Area as required by
the Ciry and as more panicularly set forth herein.
RECITALS:
WHEREAS, the City's contract for residential solid waste and yard trash collection and
disposal expired on January 31, 1997; and
INREREAS, the City extended said contract until April 13, 1997, while it solicited proposals
for a new contract; and
WHEREAS, on February 19, 1997, the City issued Request for Proposals No. 63-97/98
entitled, "Residential Solid Waste and Yard Trash Collection and Disposal"; and
iN'HEREAS, at their regular meeting on March 19, 1997, pursuant to the recommendation
of the City Manager, the Mayor and City Commission selected BFT as the first-ranked proposer; and
VlHEREAS, the City and BFI have negotiated the foregoing Agreement to provide
residential solid waste collection and yard trash collection, as more fully set forth herein.
1
\
or such other addresses as either parry may hereinafter designate by a Notice to the othe:.
Notices are deemed delivered or given and become effective upon mailing if mailed as
aforesaid and upon actual receipt if otherwise delivered.
29. NO WAIVER.
The failure of Contractor or the City to insist upon the strict performance of the terms and
conditions hereof shall not constirute or be construed as a waiver or relinquishment of either
party's rights to thereafter enforce the same in accordance with this Agreement in the event
of a continuing or subsequent default.on the part of Contractor or the City.
30. SEVERABILITY'.
In the event that any clause or provision of this Agreement or any pan thereof shall be
declared invalid, void or unenforceable by any court having jurisdiction, such invalidity shall
not affect the validity or enforceability of the remaining portions of this Agreement.
31. ASSIGN1vfENT.
The selection of Contractor as the service provider unde: this Agreement is based upon its
experience, capability financial ability to perform the work. Contractor shall not assign,
delegate or subcontract any of the rights or obligations under this Agreement without the
prior written consent of the City.
32. COTvfPLETE AGREEIvrENT.
This Agreement, when executed, together with all Exhibits attached hereto as provided for
by this Agreement, shall constitute the entire Agreement between both panies and this
Agreement may not be amended, modified or terminated except by writing signed by the
panies hereto.
33
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t certify from the records of this office that 8Ft WASTE SYSTEMS OF NORTH
AMERICA, INC., is a corporation organized under the laws of Delaware,
authorized to transact business in the State of Florida, qualified on
November 20, 1991.
The document number of this corporation is P36354.
I further certify that said corporation has paid all fees and penalties due this office
through December 31,1997, that its most recent annual report was filed on
May 12, 1997, and its status is active.
t further certify that said corporation has not filed a Certificate of Withdrawal.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Fourth day of September, 1997
CR2E022 (2-95)
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September 11, 1997
Joe Pinon
Assistant City Manager
City of Miami Beach
1700 Convention Center Dr.
Miami Beach, FL 33139
ASSIGNMENT OF AGREEMENT WITHIN BFI CORPORATE CONGLOMERATE
Dear Mr. Pinon:
Pursuant to Section 7 of Ordinance No. 91-2760, Providing for the
Granting of a Non-exclusive Franchise to Browning-Ferris Industries
of Florida, Inc. (formerly Industrial Waste Service, Inc.),
Browning-Ferris Industries of Florida, Inc. hereby requests that
the City of Miami Beach give written consent to the assignment and
transfer of the above-referenced franchise to BFI Waste Systems of
North America, Inc. ("BFI Waste"), a wholly-owned subsidiary of
Browning-Ferris Industries, Inc., a Delaware corporation. BFI
Waste hereby agrees to assume all of the existing obligations under
the Agreement. Because this is an intra-corporate assignment, and
the assignee is a larger corporation than the assignor, BFI Waste
shall guarantee the performance of the franchise. It is desired to
effectuate this transfer on or before September 30, 1997.
This transfer is being requested as a result of BFI's internal
efforts to consolidate its U.S. subsidiaries; however, the current
management and operations of the various facilities will not be
affected by the merger of Browning-Ferris Industries of Florida,
Inc. into BFI Waste. We remain fully committed to providing
outstanding service to our customers.
Please confirm your written consent to the transfer of the
Agreement by executing this letter on behalf of the City of Miami
Beach and returning it to me in the enclosed, self-addressed,
stamped envelope.
7650 NW 69th Avenue. Miami, Florida 33166. Telephone: (305) 885-4004. Fax: (305) 885-0224
Sales Center Fax: (305) 863-3634
Mr. Joe Pinon
September 11, 1997
Page 2
Thank you in advance for your cooperation with this clerical
matter.
Browning-Ferris Industries of Florida, Inc.
BFI Waste Systems of North America, Inc.
7tt1 ?h .1~~-
Ross M. JOhn~,v Esq.
Director of Public Affairs
Sincerely,
TRNFRMBF.ltr
ATTEST:
CITY
BY:
TIT
JlI1-ud'
Robert Parcher,
and
ACCEPTED
, 1997
DAY
BEACH
E~~
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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