HomeMy WebLinkAboutCity of Tamarac Resolution R-93-072k!
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Temp. Reso. # 6y 9 <,
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-93--72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TAMARAC,. FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
AGREEMENT BETWEEN THE JOINT RECYCLING GROUP
CITIES AND ALL SERVICE REFUSE COMPANY, INC.,
FOR A VEHICLE LEASE AGREEMENT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE PLTE— ___
WHEREAS, the City Council of the City of Tamarac, Florida
deems it to be in the best interests of the citizens and residents
of the City of Tamarac to enter into a vehicle lease agreement
with the Joint Recycling Group Cities and All Service Refuse
Company, Inc. to provide residential curbside and multi -family
recycling collection services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
,SECTION 1: That the foregoing "WHEREAS" clause is hereby
ratified and confirmed as being true and correct and is hereby
made a specific part of this Resolution.
,SEQTION 2: That the appropriate City Officials are hereby
authorized to execute the attached vehicle lease agreement between
the Joint Recycling Group Cities and All Service Refuse Company,
Inc.
,SECTION 3: All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
If any clause, section, other part or
application of this Resolution is held by any court of competent
jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
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Temp. Reso. #��o I
SECTION,5_. This Resolution shall become effective
immediately upon its passage and adoption. .
PASSED, ADOPTED AND APPROVED this Q q "lay of .1993.
H.L. BENDER
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
MAYOR
I HEREBY CERTIFY that I DIST 1•
have approved this DIST.2:
RESOLUTION as to form: � DIST.. 3,
/' � - � Dts,r. 4:
MITCHELIY S
CITY ATI
VEHICLE LEASE AGREEMENT/rkt
I�
RECORD OF
I *
1( / 4 / /c�-+j
rTel -0. N;INZ�a
THIS AGREEMENT made and entered into this day of ,
1993, between JOINT RECYCLING GROUP CITIES, to wit: the CITY OF COCONUT CREEK,
the CITY OF LAUDERHILL, the CITY OF MARGATE, the CITY OF NORTH LAUDERDALE and
the CITY OF TAMARAC, hereinafter referred to as Group Cities (Lessor) and ALL
SERVICE REFUSE COMPANY, INC. (Lessee).
WHEREAS, on May 1, 1992, the Group Cities entered into an Agreement with
Lessee to provide residential curbside and multifamily recycling collection
services; and
WHEREAS, Section 11 B) of said Agreement provides that Lessee shall lease
two recyclable materials collection vehicles from the Group Cities for One
($1.00) Dollar per year; and
WHEREAS, the parties hereto wish to formalize the lease arrangements for
said vehicles.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties hereto agree as follows:
1) Incorporation. That the foregoing recitations are true and correct
and are incorporated into the terms of this Agreement.
2) Lease. The Lessor leases to the Lessee, the two truck vehicles
described in Exhibit "A" attached.
3) Rental. The Lessee shall pay to the Lessor during the term of this
Lease the sum of One ($1.00) Dollar per year for each vehicle leased to the
Lessee. The first payment shall be made on the signing of this Agreement, the
receipt of which is hereby acknowledged, and each succeeding payment shall be
made annually in advance.
40 4) Term. The term of this Lease shall be for a period expiring on
December 18, 1994.
1 0 5) Title. The Lessor shall remain the owner of the trucks. Except as
provided in Paragraph 4, the Lessee shall acquire no right, title or other
interest in or to the vehicles other than that of a bailee for hire.
6) Termination. In the event this Agreement is terminated, then the said
vehicles shall remain the property of the Lessor.
7) Maintenance and Repairs. The Lessee shall, at its own expense,
provide suitable and adequate garage space and shall maintain the trucks and any
vehicles which may be substituted for any of the trucks as provided in Paragraph
8 in good repair, mechanical condition and running order. The Lessee shall use
as a guide the maintenance program prescribed in the Owner's Manual and shall
perform all preventative maintenance required to insure full validation of any
manufacturer's warranty.
8) Substitute Parts and Trucks.
(a) The Lessee shall, at its own expense, furnish all necessary
tires, tubes and parts for each truck and with all necessary repair parts or
substitute parts to replace any part which becomes worn, broken or otherwise
incapable of efficient operation as long as the replacement parts are readily
available from a normal parts distribution network. If replacement parts are
not readily available, contractor shall continue to service program. As
contemplated by Section 15 of that certain agreement dated May 1, 1992 between
the Joint Recycling Group Cities and All Service Company, Inc., the rate to
contractor will increase $.03 per multi -family unit per month, as Group Cities
shall be considered to only be providing two vehicles.
(b) The Lessee shall furnish a temporary replacement vehicle to
replace any truck which becomes incapable of proper operation and which cannot
0 be repaired or restored to good running order within two (2) days. Any such
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vehicle, while in the service of the Lessee, shall be subject to all of the
terms of this Agreement.
9) Insurance. Throughout the term of this contract, Contractor shall
maintain in force at his own expense, insurance as follows:
(a) Worker's Compensation
Worker's Compensation insurance, with statutory limits, including
coverage for Employer's Liability, with limits not less than $100,000 each
accident, $100,000 each disease, and $500,000 aggregate disease. In the case of
any work sublet, the Contractor shall require the subcontractor similarly to
provide the statutory Worker's Compensation and Employer's Liability insurance
with the same limits as those required above the Contractor.
(b) GeneralLiability
• Comprehensive General Liability insurance with limits not less than
$500,000 each occurrence combined single limit for Bodily Injury and Property
Damage including coverage for contractual liability, personal injury, broad form
property damage, products and 'completed operations. These coverages are
required by the Contractor and any subcontractor or anyone directly or
indirectly employed by either of them.
(c) Automotive Liability
Comprehensive or Business Automobile Liability insurance with limits
not less than $500,000 each occurrence combined single limit for Bodily Injury
and Property Damage including coverages for owned, hired, and non --owned vehicles
as applicable. The Contractor and/or his subcontractors shall take out and
maintain these coverages as shall protect him against claims for damages
resulting from bodily injury, including wrongful death, and property damage
which may arise from the operations of any owned, hired, or non -owned
automobiles and/or equipment used by him in any capacity in connection with the
carrying out of this contract.
(d) Property
Garagekeeper's legal liability insurance, comprehensive form, with
limits not lose than $190,000 each occurrence and any deductible not to exceed
$5,000.
(e) General
Should any of the required insurance be provided under a claims -made
form, Contractor shall maintain such coverage continuously throughout the term
of this contract, and, without lapse, for a period of five (5) years beyond the
contract expiration, to the effect that, should occurrences during the contract
term give rise to claims made after expiration of the contract, such claims
shall be covered by such claims -made policies.
Should any of the required insurance be provided under a form of
coverage that includes a general annual aggregate limit and provides that claims
• investigation or legal defense costs be included in such general annual
aggregate limit, such general annual aggregate limit shall be double the
occurrence limits specified above.
Should any required insurance lapse during the contract term, requests
for payments originating after such lapse shall not be processed until the
Cities receive satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated,
Cities may, at their sole option, terminate this agreement effective on the date
of such lapse of insurance.
Liability policies shall be endorsed to provide the following:
1 - Name as additional insured the Cities of Coconut Creek,
Lauderhill, Margate, North Lauderdale and Tamarac their Officers,
• Agents, Employees and Members of Commissions
2 - That such insurance is primary to any other insurance available
to the additional insureds with respect to claims covered under the policy and
MIM
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0 that insurance applies separately to each insured against whom claims is made or
suit is brought, but the inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
All policies shall be endorsed to provide thirty days prior written
notice of cancellation, non -renewal, or reduction in coverage or limits to:
City of Coconut Creek
4800 West Copans Road
Post Office Box 63/4007
Coconut Creek, FL 33063
Before commencement of the term of this contract, certificates of
insurance, in form and with insurers acceptable to the Cities evidencing all
required insurance, shall be furnished to the City of Coconut Creek with
complete copies of policies to the City of Coconut Creek promptly upon request.
(f) Subcontractor's Insurance
0 The Contractor shall require each of his Subcontractors to take out
and maintain during the life of his subcontract the same insurance coverages
required of the Contractor. Each Subcontractor shall furnish to the Contractor
two copies of the Certificate of Insurance, and Contractor shall furnish one
copy of the Certificate to the City of Coconut Creek.
(g) Insurance Company and Agent
All insurance policies herein required of the Contractor shall be
written by a company with a Best's rating of B + V or better and duly authorized
and licensed to do business in the State of Florida and be executed by same
agents, thereof, duly licensed as agents in said state.
(h) Safety
The Contractor shall be solely and completely responsible for
conditions of the job site, including safety of all persons (including
employees) and property during performance of the work. The requirement shall
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apply continuously and not be limited to normal working hours. Safety
provisions shall conform to U.S. Department of Labor (OSHA), Florida Department
of Labor (DOL), and all other applicable Federal, State, County, and local laws,
ordinances, codes, and regulations. Where any of these are in conflict, the
more stringent requirement shall be followed. The Contractor's failure to
thoroughly familiarize himself with the aforementioned safety provisions shall
not relieve him from compliance with the obligations and penalties set forth
therein.
10) Truck Designs. The Lessee shall have the right to place and maintain
the Lessee's name and logo on the trucks. Any other advertising, slogans or
designs shall first be approved by the Joint City Recycling Group.
11) Assignment. Neither party shall assign, transfer, convey, or
otherwise modify this Agreement or its rights, duties or obligations hereunder
or any part thereof without the prior written consent of the other.
12) Headings. Headings in this Agreement are for convenience only and
shall not,be used to interpret or construe its provisions.
13) Governing Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Florida.
14) Binding Effect. The provisions of this Agreement shall be binding
upon and inure to the benefit of the parties and their respective successors and
assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first above written.
4P
6 w
ATTEST:
City CAerk
Approved as to legal from and
sufficiency:
City AttgrAey
ATTEST:
City Clerk
Approved as to legal form and
sufficiency:
City Attorney
• ATTEST:
City Clerk
Approved as to legal form and
sufficiency:
City Attorney
ATTEST:
City Clerk
Approved as to legal form and
sufficiency:
City Attorney
ATTEST:
46 City Clerk
CAROL A. EVANS
Approved as to legal fa nd
sfi en
16TCMZL S. Mwij
CITY A'1'I'OFC Y
4 -53 • '?a�2--
JOINT RECYCLING GROUP CITIES
Lessor
CITY OF COCpN= ePMK
By:
City Manager
CITY OF LAUDERHILL
By:
Mayor
CITY OF MARGATE
By:
City Manager
CITY OF NORTH LAUDERDALE
By:
City Manager
14 f 4A
Ci Manager
P . TELLY
i
L BEhIDER
MAYOR
ATTEST :
Z7
CityYOJ erk
Approved as to
legal from and
sufficiency:
f
!
City Attqgzfey
ATTEST:
City Clerk
Approved as to
legal form and
sufficiency:
City Attorney
ATTEST:
City Clerk
Approved as to
legal form and
sufficiency:
City Attorney
ATTEST:
City Clerk
Approved as to legal form and
sufficiency:
City Attorney
ATTEST:
City Clerk
Approved as to legal form and
sufficiency:
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JOINT RECYCLING GROUP CITIES
Lessor
CIT
By:
CITY OF LAUDERHILL
By:
Mayor
CITY OF MARGATE
By:
City Manager
CITY OF NORTH LAUDERDALE
By:
City Manager
CITY OF TAMARAC
By:
City Manager
0
m-m
4-473-2'�)-
ALL SERVICE REFUSE COMPANY, INC.
Lessee
By:
•
EXHIBIT "All
X J 3 - 2�2-
(Page 1 of 2
NPP4 ern, 4001SH9f)
MO SATISFACTORY O: OF ONMEASNIP HAVING BEfN SUBMITTED UNDER f1ECT1oN 31e73, FLORIDA STATUTES, TTftf TO THE AsOTOR VEHICLE DESCRIBED lF.I.OW.
IS VESTED IN THE OWNERS) NAMED HEREIN, THIS OFFICIAL CERTIFICATE OF TITLE IS ISSUED FOR SAID MOTOR VEHICLE,
IDENTIFICATION NUMBER YR. MAKE MODEL BODY WT.-IL-BHP TITLE NUMBER
1x�IxH77X8NO705994 92 PETE I IT 62723452
ODOMETER - DATE READ Rm DMV TYPE USE
b 09/w5/9, t;' vT
REMARKS PREV. ISSUE DATE
ccno-,rTEQ - ACTUAL MILEAGE
DATE OF ISSUE
REGISTERED OWNER (LAST NAME FIRST)
MO. I DAY I VR,
12 11 vI
CITY OF COCO"NUT CPF ` K
P( !3X �3J4CC7 4BCO w COQANS QD
CUCOvUT CPEEK EL 33C�3-Crar37
DIVISION OF MOTOR VEHICLES TALLAHASSEE FLORIOA DEPARTMENT OF HIGHWAY SAFETY
AND MOTOR VEHICLES
CHARLES J. BRA NTL� LEONARD R. MELLON
DIRECTOR CONTROL NUMBER B 2 9 7 9 4 3 6 3 EXECUTWE DIRECTOR
TRANSFER OF TITLE BY SELLER
ODOMETER CERTIFICATION — F""I WW sbtg I@" rr ::gW ym rrtmW Ile wAss" 1n connection with We tnmfef of
owneriMp. FrMwo to =mWk q a PrOVIC!" ■ hlee qe Wwi@ t grey melt In An** OW/or YnglbordnonL
TtW It" M wrrwrrd aw mvbw to to krte Item ■7 wo amoept M ntrreG an to bm of 9 t eerrsa>Ms End Wr IIWW "hkss dssuled M r'Wby terrhrI p'.
Pwdlsser; so" Pnu S. psta Sow:
I/We no owt inn odwrwi r now reeds =.=.N (NO TENTHS) ❑ 1. I nerebl' certiry Put to the hest of my krwwbdpe Mr odomlAw reading
erer. der fssd - - ! W go beet of my krmAsdpe net It refrels ets ret�ttt ttr errwlxd of nrNepe sn ekeeu e>t K.Iwdarrrrcyl Ymhs-
amA mrsps of ow waif a dread huein, tFae%a dns oI tfr odometer SWWf rrt btddrs ❑ 2- t ItsMby aNh ptet r1M odemew rood" is net •w eotur *Crepe.
Iadrr�rad;. wA zo—lDOMETEII pMCWANCY.
Spne[wo of P/Mned Nerrte of
Purdlsser: PurdAser:
Co-Purctwser: Co-Pwchaw.
Co-Serrar;
(When Appkcebie)
So" Dasw's Lconse Number:
Auction Nama:
- `T
Soren.
Co -seller:
Tax No.: Tex Collected S:
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EXHIBIT "A" ✓ (Page 2 of-2)
J HSMV =51 (REV.8/91)
SATISFACTORY PROOF OF OWNERSHIP HAVING BEEN SUBMITTED UNDER SECTION 31923, FLORIDA STATUTES. TITLE TO THE MOTOR VEHICLE DESCRIBED BELOW
IS VESTED IN THE OWNER(S) NAMED HEREIN. THIS OFFICIAL CERTIFICATE OF TITLE IS ISSUED FOR SAID MOTOR VEHICLE.
IDENTIFICATION NUMBER YR. MAKE MODEL BODY WT.-L-BHP TITLE NUMBER
1XPZH77XXN0706001 92 PETE TK 11745 63642568
ODOMETER - DATE READ W DMV TYPE PVT
USE
5 OG/17/92 NE
REMARKS PREV. ISSUE DATE
ODOMETFP - ACTUAL MILEAGE
REGISTERED OWNER (LAST NAME FIRST) DATE OF ISSUE
MO. I DAY ( YR.
if,lifftll,Ilt,III II,III,Ittl IIIIIIII I„IHII11I,tfll
CITY OF COCONUT CREEK
400 W COPANS RD
COCONUT CREEK FL 33064-3273
DIVISION
' OOF/MOTOR VEHICLES TALLAHASSEE 0 FLORIDA
CHARLES J. BRANTLEY
DIRECTOR CONTROL NUMBER B 3 1 0 0 1 3 8 8
07'13 192
DEPARTMENT OF HIQHWAY SAFETY
AND MQTDR VEHICLES
LEONARD R. MELLON
EXECUTIVE DIRECTOR
TRANSFER OF TITLE BY SELLER
ODOMETER CERTIFICATION — Fsdersl And aLte Mws Fsgldrr But you stets The ,rl'. go in conlrctw wft Bte Yemfer of
ownership. F*Wfe to 0wr4"W or pr'ovWin0 s to" HONmsm my result in fines dint!/Of imPrisonmint
Tin Yp is •rare~ utd oar""d w be frost hom " wo axcevt ea fd*W ee er lam of on cortarcafe and ne MMM .uada 401WOed a Wfty ewwwned to
Purchaser. Soling Pr" S. Oats Sold
1/lW M" rest the womater now roads ®�®•� IND TENTHS) ❑ 1. 1 rwreby owlify that to the best of my kaowledip the odomete, feadrq
Imes. dole raW ___. b 9w but d my unaAadpe ewt A retwcta tlta refwda the &mount of nWane in eaoaee of die mahwaeal (Mrne.
ackm mispa ut tha Y r7aaerload hMen. taaals taw al the odomllsr MOWN blbdts O 2. I hsgpy (04" Ow " oddrrwtal reading is 1101100 setawl INMepe.
wdledced:. WMNMW-0ODMETER DOCREPANCY.
Signature of Pr~ Name of
Purchaser; Purcraser.
CO-Putchaser; C4PUrChIkS* ;
Salwr. Sehor.
CO-Selwr; Co.Soaor.
(when AppMcade)
so" Onalor-s I idMwe Number Tax No.: Tax cOaacted 5;
Aactim NanN: Limnos Number.
L
Ob RESOLUTION NO. _93-60
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
COCONUT CREEK, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED VEHICLE LEASE
AGREEMENT BETWEEN THE JOINT RECYCLING GROUP CITIES
AND ALL SERVICE REFUSE COMPANY, INC.; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Joint Recycling Group Cities and All Service Refuse Company,
Inc. desire to enter into a vehicle lease agreement to provide residential
curbside and multifamily recycling collection services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
COCONUT CREEK, FLORIDA:
Section 1: That the City Manager is hereby authorized to execute the
attached vehicle lease agreement between the Joint Recycling Group Cities and
All Service Refuse Company, Inc..
Section 2: That this Resolution shall be in full force and effect
immediately upon its passage and adoption.
Adopted this 27th day of May 1993, on a motion by
Vice. Mayor Ron Greenstein and seconded by Commissioner Sam Goldsmith
Ayes __ ,5
Nays 0
Absent or
Abstaining 0
Abe Niss, Mayor
Attest:
))) N i s s Aye_
Greenstein Aye
T
Angeli A. Bender, CMC/AAE Goldsmith Aye
City Clerk
Gerber ..Aye
7e
(RES.JGC) Waldman Aye
CITY OF TAMARAC
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
July 13, 1993
Steve Mcgee, Administrator of Group Cities
City of Coconut Creek
Office of the City Manager
4800 West Copans Road
P.O. Box 63/33063
Coconut Creek, Florida 33063
Phone (305) 722-5900
Fax (305) 722-4509
Re: Vehicle Lease Agreement between Joint Group Cities and
All Service Refuse Company, Inc.
Dear Mr. Mcgee:
Please find enclosed one (1) complete original agreement and
two (2) original signature pages for the above referenced
project. Also, enclosed is a copy of City of Tamarac
Resolution No. R-93-72.
Upon execution by the Joint Group Cities, please send me one
(1) fully executed agreement.
We appreciated you assistance in expediting this matter.
Sincerely,
arol A. Evans
City Clerk
L
/ew
Enclosures
THE CITY OF TAMARAC 15 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAPPED STATUS