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Home My WebLink AboutCity of Tamarac Resolution R-1975-112Pr oi?osed by ;6vaCk'$d Introduced Temp . ft_� CITY OF "TAMARAC, FLORIDA RF.SOL,UTION NO. A RESOLUTION AUTHORIZING THE FRANCHISING OF ALL --SERVICE REFUSE., INC. WHEREAS, the Charter of the City of "Tamarac and City Ordinance No. 74--37 authorizes the City to enter franchise agree- ments with garbage and trash collectors. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL, OF THE CITY OF TAMARAC, r•LURIDA, SECTION 1: That the City is authorized to enter a franchise agreement for collection of garbage with ALJ .SFR.VIS._E RE -FUSE, INC.__ SUCTION 2: That the Mayor and the City Manager are hereby authorized to execute said franchise agreement as set forth in Exhibit A attachod hereto. PASSED, ADOPTED AND APPROVED this.day of 2c. y _, 197S. ATTEST: CITYC`LE K I HEREBY CERTIFY that I have approved the (form and correctTless of thu RESOLUTION. CITY )RNEY RECORD OF COUNCIL VOTE MAYOR D. JOHNSON V f11 E. L4NGE C / M - Ni. GIACKSMAN �.. _ .._.... _ J.,a66 Lt 07, 7 5-193537 FRANCHISE AGUE!l;l; THIS AGREE -ENT made and entered into in duplicate, this day ofd?C> 01 ,197,5b'yT and between the City of Tamarac, Broward County, Florida, a municipality organized 7 and existing under the lwis of the State of Florida, herein- C Ze J;A�SL T,7C- after called the "City"; and Di�),i /4G Se— JIGe l��cs a corpor- ation organized and existing under the latirs of the State of Florida, hereinafter called the "Collector". WHEREAS, the City desires to provide an efficient metlLOd of refuse, col lectioa Zvi thin the limits of the City; and WHEREAS, the Collector is desirous of collecting refuse iJn accordance with the provisions of Ordinance No. 7/7' 7 ., City of Tamarac. NOW, THEREFORE, in consideration of the covenants herein contained it is mutually agreed as follows: 1. The City hereby grants unto the Collector, its successors and assigns, the right and privilege to operate a garbage and trash collection system in, upon, over and across the present and future streets, alleys, bridges, easements and other public places of the City of Ta-marac, Bro:;ard County, Florida, for the purpose of collecting garbage and trash of the the municipal limits of the City. =�4� 2. The rate to be charged shall be a matter of ne ;otiati-oa betveen the Collector. and th customcr served and "-Q ::;T shall be dependa7it upon the amount of service re:juired by the customer. -r; Xn such cases, all rates to•be-charged shall.be subject to arbitration by the Council of the City, in the event such negotiation be- tween customer and Collector fail. 3. The collector shall bill all customers directly on an individual basis, -which billing shall be in advance on a quart- i ? erly basis unless the customer elects to pay on a monthly basis. 4. The Collector agrees to pick up all garbage through the use of modern packer type trucks and to dispose of all mater- ial collected in an area beyond the limits of the municipality in disposal sites approved by the governmental agencies having juris- diction of the area in i-�nich the site is located_ 5. The Collector agrees to pay unto the City, in return for the use of the streets, alleys, bridges, easements and other public places thereon, pursuant to this Agreement, a sum of money equal Co -ten per cent (10%) of tl?2 gross billings from all accounts served within the limits of the municipality. The aforesaid pay - me nts s--��all be made on or before the tenth (loth) day of each month beginning d bVC rj be,r /% 7 based upon monthly collections. b. The Collector agrees to provide to the City a month- ly accounting, as well as a yearly audit, and agrees to permit the City or its authorized agents to inspect its records respecting the accounts within the City at any reasonable time. 7. The Collector agrees to maintain liability insurance on all equipment operated in the City for bodily injury and proper- ty damage in amounts not less than 250,000/500,000 Dollars for bodi- ly injury in any one accident, the latter figure for accidents in- volving more than one person; and property damage insurance in an amount of not less than Twenty --five Thousand Dollars ($25,000.00) for one accident. Further, the Collector agrees to provide Work- men s Compensation Insurance for its employees in the foam and a-- I:ST mount as Prescribed by law. The aforesaid liability insurance rr7 shall include a ten (10) day notice of cancellation in favor of the City. The Collector agrees to furnish to the City a copy of the aforesaid insurance policies. The City shall be an additional named insured in such policies. S. To guarantee performance by the Collector under this Agreement, the Collector agrees to post with the City in cash, or the estimated amount of frari-- chase fees for a three (3) month period, `w-hichever sera is greater, Ouch sum may be applied by the City to any default by the Collector in the performance of this contract. Upon the completion of the term of this agreement and compliance with all terms and conditions hereof, Collector shall be entitled to the :return of such bond. 9. The City reserves the right to terminate this Agree- ment at any time whenever the service provided by the Collector fails to me -et reasonable standards of the trade, after the City gives crritten notice to the Collector of the deficiencies in ser- vice and the Collector fails to correct the deficiencies as set forth in the vrritten notice within fourteen (14) days of the re- ceipt by the Collector of such no -ice from the City. 10. This Agreement shall be binding upon the parties hereto, their successors and assigns and shall be for a period of 0 N F l i \!o_da beginning Muyem 6e - / 9 7 S and ending N o gem fie,^ )M. 11. Collector shall indemnify and save harmless the City from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Agreement, for aDy personal_ inJ ry, loss of 1-i.fe_ or damage to zaroner-.v ari s no - directly or indirectly from its operations pursuant to this Agree- ment and from and against all costs, counsel fees, expenses and -:U� liabilities incurred in and about any such claim, the investigation ��-91 thereof, or he defense of any action or proceedings brought thereon, T _ c-a 3. '�' CIL w • 4 and from and against any orders or judgments which may be enter- ed therein, The City shall notify the Collector within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of i the Collector hereunder, for which the City :Might- be entitled to a claim against the Collector, under the provisions of this Agree- ment. The Collector shall also be liable to the City for all costs, expenses, attorneys fees and damages which may be incurred or sustained by the City by reason of the Collector's breach of any of the provisions of this Agreement. 12. This Agreement may not be assigned by the Collector without the prior approval of the City and in granting or denying such approval, the City shall be satisfied that the service to be rendered by any such assigniee shall be equal to or greater than the service being rendered by the Collector hereunder. No such assignment shall relieve the Collector of its duties and obliga- tions under this Agreement. IN WITtTESS WEEREOF, the parties 'hereto affix their hands and seals the day and year first above written. CITY poi TA�i'iAR U -= ro ATTEST: �� L%j, - _41, City Manager'f t RECORDED IN THE GFF!C!;,L R`_-CO3OS BODX 1 OF B4L'NARO CCU ,JY, FUCRIpA By... R. R. iiAUT�3 ACTING COUNTY ADMINISTRATOR (President) I HEREBY CERTIFY that I have approved the form and correctness of this ATTEST: Agreement. ZQ (Secret r Ci-ty Attorne ; _ ~ BEST : - `� 4 . --, .w�,. _.c_'"_-�.�-•_---�-,--�-=-- - � `";„ice � � '•".s.I.