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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. A 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 I 1 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 i 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. -2- 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. -3- F-1 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 25C 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 -5- 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� ..6- 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. - 1 - r I 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 - 3 -