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Home My WebLink AboutCity of Tamarac Ordinance O-1971-028IJ' CITY OF TAMARAC, FLORIDA ORDINANCE N0 . ' E - '' V AN ORDINANCE XQRDING A FRANCHISE FOR GUeFGE AND TRASH COLLECTION TO !:;MOM, INC.' A FLORINNjTgO-ff ZING AND DIRECTING THE PROVER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH SUCH COLLECTOR; CONTAINING A SAVINGS CLAUSE; AND'CONTAINING AN EFFECTIVE DATE. WHEREAS, the City desires to provide for the commercial businesses of the City of Tamarac an efficient and modern collection system for the garbage accumulation within the City; and WHEREASr the Collector has proposed a method of collection and disposal of CCMTercial accounts 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 inca e to the City. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SECTION'l: That a franchise for collection of garbage and trash in the City of Tamarac be granted to RONKOMAr INC. 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 Collector shall not contract with, and shall not service any residential accounts in the City of Tamarac and shall avoid the use of primarily residential streets whenever it may be practicable to use thoroughfares. SECTION 3; 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 R0NK0MA; INC. a copy of which is attached hereto, and made a part hereof as if set forth. in full 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 i=ediately upon its passage. PASSED FIRST READING this :tnay of 1971. PASSED SEC W READING this 1'��day ofE iR, 1971. PASSED THIRD READING this "jday of C i c�� 1971. MAYOR — ATTEST : HE; ""Y CERTIFY that I have a p" ovu ORDINANCE and correctness of th.s CITY f►S.LQ Y Mayor Seltman Vice Mayor Lange Councilman Johnson Ay cT Councilman Schultz �� A F Councilman Zarcone A -� ZPZ • FRANCHISE AGREEMENT THIS AGREEMENT made and entered into in duplicate, this L a' day of October, 1971, by and between the City of Tamarac, Bxoward County, Florida, a municipality organized and existing under the laws of the State of Florida, hereinafter called the "City"; and Ronkoma, Inc., a corporation organized and existing under the laws of the State of Florida, herein- after called the "Collector". WHEREAS, the City desires to provide an efficient method of refuse collection for commercial establishments engaged in business within the limits of the City; and WHEREAS, the Collector is desirous of collecting refuse from such commercial establishments in accordance with the provisions of Resolution No. 71-61, 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 Tamarac, Broward County, Florida, for the purpose of collecting garbage and trash of the businesses and other non --residential enterprises requiring such services within the municipal limits of the City. 2. The rate to be charged shall be a matter of negotiation 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 by the Council of the City, in the event such negotiation between customer and Collector fail. 3. 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. 4. 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 jurisdiction of the area in which the site is located. 5. The Collector agrees to pay unto the City, in re- turn 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 December 10, 1971, based upon monthly collections. 6. 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. 7. The Collector agrees to maintain liability insurance on all equipment operated in the City for bodily injury and Sa A. 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 Compensa- tion 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. 8. To guarantee performance by the Collector under this Agreement, the Collector agrees to post with the City Two Hundre Fifty Dollars ($250.00), in cash, or the estimated amount of franchise fees for a three (3) month period, which- T<'.r.,r..CtR.,�� ever sum is greater. Such sum may be applied by the City to any default by the Collector in the performance of this con- tract. 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 Agreement 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 deficien- cies in service and the Collector fails to correct the defici- encies as set forth in the written notice within fourteen (14) =19 V� . A 1 days of the receipt 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 three (3) years beginning November 1, 1971, and ending October 31, 1974. 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 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 beentered 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 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. 12. This Agreement may not be assigned by the ME Collector without the prior approval of the City and in granting or denying such approval, the City shall be satis- fied 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. IN WITNESS WHEREOF, the parties hereto affix their hands and seals the day and year first above written. ATTEST: Agreement. City _...... ..... ATTEST: CITY OF TAMARAC By Mayor I&SE