HomeMy WebLinkAboutCity of Tamarac Ordinance O-1971-019CITY OF TAMARAC, FLORIDA
ORDINANCE NO.qj::�L�
AN ORDINANCE AWARDING A FRANCHISE FOR GARBAGE AND
TRASH COLLECTION TO BROWARD REFUSE COMPANY, INC.,
A FLORIDA CORPORATION, DOING BUSINESS AS ALL SERVICE
REFUSE CCE PANY--DIVISION C; AUTHORIZING AND DIRECTING
THE PROPER'CITY OFFICIALS TO EXECUTE AN AGREEMENT
WITH SUCH COLLECTOR; PROVIDING FOR INDEMNIFICATION
BY AFFILIATED COMPANIES; CONTAINING A SAVINGS CLAUSE;
AND CONTAINING AN EFFECTIVE DATE.
WHEREAS, the City desires to provide for the residents of the
City of Tamarac an efficient and modern collection system for the
garbage accumulation within the City; and
WHEREAS, the Collector has proposed a method of collection and
disposal which the Council of the City of Tamarac deems acceptable
and to the general betterment of the interests of the City, with the
additional provision of incur-o to the City; and
WHEREAS, the City has heretofore entered into an agreement
with the Collector dated March 28, 1969, the terms of which are
no longer wholly satisfactory to the parties; and
WHEREAS, the Collector is indebted to the City for franchise
fees and the parties are desirious of making arrangements for the
payment thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA;
SECTION 1; That a franchise for collection of garbage and
trash in the City of Tamarac be granted to BROWARD REFUSE COMPANY,
INC., d/b/a ALL SERVICE REFUSE COMPANY -DIVISION C, for a term of
three (3) years with the option on the part of the collector to
extend for a fourth year.
SECTION 2; That the Mayor and City Manager are hereby authorized
and directed to execute on behalf of the City of Tamarac that certain
agreement for garbage collection with BROWA.RD REFUSE COMPANY, INC.,
d/b/a ALL SERVICE REFUSE COMPANY -DIVISION C, a copy of which is
attached hereto, and made a part hereof as if set forth in full herein.
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SECTION 3: That simultaneously with the execution thereof,
the said City officials are to receive a $10r000.00 payment on
the indebtedness owed by the collector, to the City, a promissory
note for the balance of the indebtedness, a copy of which is attached
hereto and made a part hereof as if set forth in full herein and
a fully executed indemnification or guarantee agreement in the form
attached hereto and made a part hereof as if set forth herein.
SECTION 4: Should any section or provision of this Ordinance
or any portion thereof, or anY paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as
a whole or any part hereof, other than the part declared to be
invalid.
SECTION 5: This Ordinance shall be effective immediately
upon its passage.
PASSED FIRST READING this of '01 ��i',� F
1971.
PASSED SECOND READING this I day of 'Iq %S'C* S 'rV ,
1971. _
PASSED THIRD READING this �( day of
1971.
MAYO
ATTEST:
I HEREBY CERTIFY that I have
approved the form and correctness
of this Ordinance.
CITY
RECORD OF COUNCIL VOTE:
Mayor Seltman
Vice Mayor Lange
Councilman Johnson
Councilman Shultz
Councilman Zarcone
IRA
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AGREEMENT
THIS AGE', made and entered into in duplicate this
da of AA.D., 1971, by and between the CIT OF
Y
TAMARAC, Broward County, Florida, a municipality organized and
existing under the laws of the State of Florida, hereinafter called
the "City"; and BrKHARD REFUSE COMPANY, INC., a corporation organized
and existing under the laws of the State of Florida, doing business
as ALL SERVICE REFUSE COMPANY -DIVISION Cr hereinafter called the
°"Collector."
WHffMS, the City desires to provide for the residents of the
City of Tamarac an efficient and modern collection system for the
garbage accumulation with the City; and
wHERFAS, the Collector has proposed a method of collection and
disposal which the Council of the City of Tamarac deems acceptable
and to the general betterment of the interests of the City, with the
additional provison of income to the City; and
VEREAS, the City has heretofore entered into an agreement
with the Collector dated March 28, 1.969, the temps of which are
no longer wholly satisfactory to the parties; and
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WHEREAS, the Collector is indebted to the City for franchise
fees and the parties are desireous in making arrangements for the
payment thereof.
NOW, FORE, in consideration of the covenants herein
contained, it is mutually covenanted and 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 Tamarac, Broward County, Florida, for the purpose of
collecting garbage and trash of the residents, inhabitants, businesses
and other entities requiring garbage collection and existing within
the municipal limits of the City.
2. The Collector agrees to collect from each residential
unit located within the City, at least twice weekly, on a regular
established route, two twenty -gallon containers of garbage and/or
trash whereever located on the premises where such residential unit
is situate, provided said containers are not placed within a
carpost, utility roam or other enclosure. The trash may be placed
either in the twenty -gallon containers or at the curb provided,
however, the total amount of garbage and trash shall not exceed the
equivalent of two twenty -gallon containers. The Collector shall
charge for such services to each residential unit the sum. of $3.75
per month. In the event the residential unit shall require or
desire an additional twenty -gallon container of garbage, grass or
other refuse to be collected from said unit, there shall be a
charge of $1.40 per month for the first additional container and
$1.00 for each additional container. The intent of the foregoing
is that the Collector shall., for the $3.75 charge, collect a volume
of garbage and/or trash not to exceed the contents of two twenty -
gallon containers and to charge additional rate for such additional
containers as may be required. All trash, grass or other refuse
shall be placed in containers, which containers shall be placed
at curb side for pickup.
3. For business and ccmTercial accounts, the rate charged
shall be a mattes of negotiation between the Collector and the
customer served, and shall be dependent upon the amount of service
required by the customer. In such cases, all rates to be charged
shall be subject to arbitration by the Council of the City, in
the event such negotiation between customer and collector fail.
4. The Collector shall bill all customers directly on an
individual basis, which billing shall be in advance on a quarterly
basis unless the customer elects to pay on a monthly basis.
5. The Collector agrees to pick up all garbage through the
use of modern packer type trucks and to dispose of the material
collected in an area beyond the limits of the municipality in
disposal sites approved by the governmental agencies having
luriSdiction of the area in which the site is located.
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6. 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 accounts served
within the limits of the municipality. The aforesaid payments
shall be made on or before the tenth (loth) day of each month
beginning September 10, 1971, based upon monthly collections. July
and August payments shall be due on execution of this agreement.
7. The Collector agrees to permit the City or its authorized
agents to audit or inspect its records respecting the accounts
within the City at any reasonable time.
8. The Collector agrees that it is indebted to the City for
franchise fees under the Agreement of March 28, 1969 up to and
including June 30, 1971 in the total stun of $ , .-S'P.
Ak
The Collector agrees to pay to the City simultaneously with the
execution of this agreement the stun of $10,000.00 in reduction
of said indebtedness and to pay the balance of $
together with interest thereon from July 1, 1971 at the gate of
$750.00 per month in equal monthly payments beginning September 10,
1971 and on the same day of each month thereafter until fully paid.
Such obligation shall be evidenced by a promissory note, guaranteed
by ATLANTIC REFUSE CORP., SUNSHINE SANITATION SERVICE and ALL
SERVICE SANITATION CORP.
9. The Collector agrees to maintain liability insurance on
all equipment operated in the City for bodily injury and property
damage in amounts not less than 250,000/500,000 Dollars for bodily
injury in any one accident, the former figure for accidents involving
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 Workmen's
Compensation Insurance for its employees in the form and amount as
prescribed by law. The aforesaid liability insurance 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.
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10. To guarantee performance by the Collector under this
agreement the Collector agrees to post with the City $2,500.00
in cash as a performance bond for the term of this agreement.
Such sum may be applied by the City to any default by the Collector
in the performance of this contract, or in the event of the
insolvency of the Collector, to the payment of the note described in
paragraph 9, above. Upon the completion of the term of this agree-
ment and compliance with all terms and conditions hereof Collector
shall be entitled to the return of such bond. This agreement
shall also be guaranteed by the co-signers mentioned in paragraph g.
above, as to any franchise fees which may became due to the City.
11, The City reserves the right to terminate this Agreement
at any bane 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 service and
the Collector fails to correct the deficiencies as set forth in
the written notice within fourteen (14) days of the receipt by the
Collector of such notice from the City.
12, This Agreement shall be binding upon the parties hereto,
their successors and assigns, and shall be for a period of three
(3) years, beginning July 1, 1971, and ending June 30, 1974. The
rates shall be subject to review as of July 1, 1973 based upon
proof by the contractor, to the satisfaction of the City, of
increased cost of operations.
13. In the event of a strike of the employees of Collector,
or any other similar labor dispute which makes performance of this
contract by Collector substantially impossible, Collector agrees
that City shall have the right to take temporary possession of the
equipment of Collector normally used to collect garbage within the
municipal Limits of the City and to operate the same until Collector
is able to resume its obligations under this contract. In the
event City elects to exercise the authority given it under this
paragraph, it shall be reimbursed, in addition to the fees provided
for hereunder, all expenses incurred by it for labor, materials
and other similar items, whether the same be direct or indirect
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incurred by it in exercising such power, such reimbursement to
be made by Collector to City upon the submission of weekly invoices
by City to it.
14. 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 Agreement and
from and against all costs, counsel fees, expenses and liabilities
incurred in and about any such claim, the investigation thereof,
or the defense of any action or proceedings brought thereon, and
from and against any orders or judgments which may be entered there-
in, 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 the Collector
hereunder, for which the City might be entitled to a claim against
the Collector, under the provisions of this Agreement. 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.
15, This Agreement may not be assigned by the Collector without
the prior approval of the Casty 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 obligations
under this Agreement.
16, The. Collector shall continue its presently established
policy of terminating collection charges during periods of absence
of its, -customers upon prior reasonable notice in writing to
Collector. Collector shall provide City with a written memorandum
of any such service termination, the period thereof, and the credit
given to the customer so that a similar credit can be allowed. to
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the Collector upon tho plm,ent icing r.kue by it to U-ie City.
17. The charges provided for urer t,.is Agreemzt shall be
and beccaara- effective on July 1, 1071.
18. S.hi.s agraw=t M. 1; ice: e xtanded for a period of one year
at the arrd of t% t=-a at tea ogti-oa of the Collector kyy notice -
in writing to the City not less than sixty (60) days, before tho
er4 of the tem. Such rene-wal shall be on all of the term. and
conditions hereof at ttae rates ti i being ch rgcd.
TP7 WMZ= S va,=OF, the parties, liero o.:iave a�oraunto .:a.: fiss(x«
their haa4s ar4 seals t?e day and Ina= first above written.
CITY CA., m4p"T'ne
max:
CI ay'v I -----...
I k'R y C ;:T= t -lat l I -lave
a1T=vad Ue form and correctness
of this Agrcm-g-ant. 1—=USE MPPANY, 11111C . of
d/b/a lul o vice Raftwe C; a-_
pang -Division C
CITY- - BY:
�� --VICE-P ESIDENT
A'Y'SEST
L�
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AJR/pr
0
A G R E E M E N T
THIS AGREEMENT, made and entered into in quintuplicate
this d day of August, A. D., 1971, 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 SUNSHINE REFUSE COMPANY,
INC., a corporation organized and existing under the laws of
the State of Florida, d/b/a ALL SERVICE REFUSE COMPANY, DIVI-
SION B; ALL SERVICE SANITATION COMPANY, INC., a corporation
organized and existing under the laws of the State of Florida,
d/b/a ALL SERVICE REFUSE COMPANY, DIVISION A; and ATLANTIC
REFUSE COMPANY, INC., a corporation organized and existing
under the laws of the State of Florida, d/b/a ALL SERVICE
REFUSE COMPANY, DIVISION D, hereinafter called the "Collectors."
`'m WHEREAS, the City has heretofore entered into an agreement
to provide for garbage and trash collection within the City
with Broward Refuse Company, Inc., a corporation organized and
existing under the laws of the State of Florida, d/b/a All Ser-
vice Refuse Company, Division C, hereinafter called the "Contract
Collector," and
WHEREAS, the City desires to insure and guarantee the per-
formance of all the terms and conditions of said contract to be
performed by the Contract Collector, and
WHEREAS, the Collectors, in consideration of the agreements
performance of the
herein contained, desire to insure the/terms and conditions of
said contract for the benefit of the City.
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NOW, THEREFORE, in consideration of the covenants herein
contained, it is mutually covenanted and agreed as follows:
1. The Collectors agree, individually and severally,
in the event of default by the Contract Collector in the agree-
ment between the Contract Collector and the City, executed
the 1 day of August, A. D., 1971, to perform all the agree-
ments and conditions agreed to by the Contract Collector in
said agreement, including the payment of all franchise fees re-
quired thereunder, including past indebtedness,,in consideration
of the agreement by the City, to permit the Collectors, indivi-
dually or severally to assume all the rights granted to the
Contract Collector in the aforesaid agreement, in the event the
Contract Collector refuses or is unable to perform under said
agreement.
2. In consideration of the agreements as aforesaid, the
City grants unto the Collectors, their successors and assigns,
the right to perform under the aforesaid contract the obliga-
tions of the Contract Collector thereunder and to collect all
monies due the Contract Collector thereunder for the term of
the contract, and any extension thereof, subject only to the
terms and conditions as set forth in said contract, all of which
are incorporated herein as fully as if set forth in haec verba.
IN WITNESS WHEREOF, the parties hereto have hereunto af-
fixed their hands and seals the day and year first above written.
ATTEST:
City Manager
CITY OF TAMARAC
By:
Mayor
(SEAL)
�m
SUNSHINE REFUSE COMPANY, INC.,
Signed and se d in the d/b/a All Service Refuse Company -
presence, ofXy Division B
K fAl, Vice President
SEAL) LL
J
ALL SERVICE SANITATION COMPANY,
INC., d/b/a All Service Refuse
Company - Division A
By
President
ATTEST: ►
"-SEAL)
Secretary
ATLANTIC REFUSE COMPANY, INC.,
d/b/a All Service Refuse Company -
Division D
BY:
_,/
Vice- P esident
ATTEST:
Se retary
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