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HomeMy WebLinkAboutCity of Tamarac Resolution R-78-088Introduced by: C/" Temp. # 1016
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 7a0n�f
A RESOLUTION AUTHORIZING THE FRANCHISING OF
COUNTY WASTE, INC.
WHEREAS, the Code of the City of Tamarac authorizes the
City to enter into franchise agreements with garbage and trash
collectors, and
WHEREAS, the City Council is desirous of renewing said
franchise.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That the Mayor and City Manager are hereby
authorized to enter into a franchise agreement for collection of
garbage and trash with COUNTY WASTE, INC., a copy of which is
attached hereto and made a part hereof as Exhibit "A".
SECTION 2: Collector shall maintain all dumpsters that it
services. Collector shall comply with all applicable municipal,
county and.state laws, ordinances and regulations.
PASSED, ADOPTED AND APPROVED this Zr of , 1978.
ATTEST: :
I HEREBY CERTIFY that I
have approved the form and
correctness of this RESOLUTION.
CITY ATTORNEY
RECORD OF COUWCM VOTE
MAYOR W. FALCK
V(M H. MASSARO
CAM I. M. DISRAELLY
C/M M. KUKA_ a4le,.
96
FRANCHISE AGREEMENT
THIS AGREEMENT made and entered into in duplicate, this
5th day of June , 1978 by and between the City of
Tamarac, Broward County, Florida, a municipality organized and
existing under the laws of the State of Florida, hereinafter
called the "City"; and County Waste, Inc. , a corporation
organized and existing under the laws of the State of Florida,
hereinafter called the "Collector".
WHEREAS, the City desires to provide an efficient method
of refuse collection within the limits of the City; and
WHEREAS, the Collector is desirous of collecting refuse
in accordance with the provisions of Ordinance No. 74-37 ,
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 suc-
cessors 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 Tamarac, Broward County, Florida, for the
purpose of collecting garbage and trash of the businesses and
other enterprises requiring such services within the municipal
limits of the City. Collector shall maintain all dumpsters that
s^-�
it services. Collector shall comply with all applicable municipal,
county and state laws, ordinances and regulations.
2. The rate to be charged shall be a matter of negotia-
tion between the Collector and the customer served and shall be
dependant upon the amount of service required by the customer.
In such cases, all rates to be charged shall be subject to arbitration
bl' t ip COunCll Oi file CJ `1 , In ,-he e,.,ent -sucli ne ;Otlat-on ue-
tween custo 2r and Collector tail.
3. The collector shall to11 all custo ,2cs directly on
an indi�ridual basis, Which billing shall be in advance on a qt: rt-
erly basis unless the customer elocts 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 n_ater-
ial collected in an area beyond the limits of the municipality in
disposal sites approved by the governmental agencies having j uris-
diction of the area in which 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 thereof, pursuant to this Agreement, a sum: of money
equal to ten per cent (10%) of the gross -billings from all accoLaits
served within the limits of the municipality. The aforesaid pay-
ments shall be made on or before the tenth (loth) day of each month
beginning based upon monthly collections.
6. 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 tir_ie.
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 2503000/500,000 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 agrdes to provide t•:ork-
mcn's Compensation Insurance for its employes in the fora: and a-
mount as prescribed b1: laca. The aforesaid liability insurance
t IZ
CiLy Ti:e Collector a^ ces to furnis_I to the Cite a
c o - o f
t:1e aior`S�LiI 1T:suranc-:2 policies. The CiL•y' -Lnai' D^ an ac-14 ilo.naL
n mod insured in suc;l policies.
8• To guarantees perfo,: ance by the Collector under
this agreement, the Collector agrees to po.,t with the City
in cash, or the estimated amount of fran-
chise fees for a three (3) month period, whichever sum„ is greater.
:uch su.^1 may be applied by the City to any default by the Collector
in the performanceOf 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 Ag-ree-
went at any time whenever the service provided by the Collector
fails to meet reasonable standards of the trade, after the City
gives written notice to the Collector of the deficiencies in ser-
vice and the Collector fails to correct the deficiencies as set
forth in the written notice within fourteen (14) days of the re-
ceipt by the Collector of such notice from the City.
10. This Agreement shall be binding upon the parties
hereto, their successors and assigns and shall be for a period of
one year beginning may 1, 1978 and ending Aril 30, 1979
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
any personal injury, loss of life, or damage to property arising
directly or indirectly from its operations pursuant to this Agree-
ment and from and against all costs, counsel fees, expenses and
liabilities incurred in and about any such claim, the investi,ation
thereof, or-tbe -Jefense of any action or proceedings brought thereon,
3_
an -!":OM 11 :11:'�t gis Or ]u� �'� 1` :i1 C.i „a .._'
ed therein, The Cit-,' �i ;, , note; C�1' `; (tC)
l t,le �ctcr �t 1
or receipt: b .-
p y the Clt� OL <:rl;' Cl ._..1, OY act �•''♦♦
the City arisin- directly or indirectly from the op2raticas of
the Collector horeunder, for Which the City mish= 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 assignee 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 VJJITI�ESS IMEREOF , the parties hereto affix their hands
and seals the day and year first above written.
ATTEST•
ity Manager.
I IiEREEY CERTIFY that I
have approved the form
and correctness of this
Agreement.
fiTj'AjA m *a.�O„
ity Attorney
CITY OF TAti_A,AC
sy_-_�� Alt.-f
MAYOR
4.