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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1971-029CITY OF TAMARACK FLORIDA ORDINANCE NO, ""i 4 - AN ORDINANCE AWkRDI,NG A FRANCHISE FOR GARBAGE AND TRASH COLLECTION TO SEACOAST SANITATION LIMITED, INC.r A FLORIDA CORPORATION; AUTHORIZING AND DIRECTING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMEN, WITH SUCH COLLECTOR; CONTAINING A SAVINGS CLAUSE; AND CONNING AN FIVE 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 WHEREAS, the Collector has proposed a method of collection and disposal of Camiiercial 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 income to the City. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION l; That a franchise for collection of garbage and trash in the City of Tamarac be granted to SEACOAST SANITATION LIMITED, INC., for a term of one (1) year with the option on the part of the collector to extend for a second 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 SEACOAST SANITATION LIMITED, INC., a copy of which is attached hereto, and made a part hereof as if set forth in full herein. 1 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. 1971. 1971. PASSED FIRST READING this I%r y of i 01 PASSED SECOND READING this t'� day of � c `� PASSED THRID READING this l6 day of w r 1971. f f Y ATT'IEST : CZT� I HEREBY CERTIFY that I have approved the form and correctness RECORD OF COUNCIL VOTE Mayor Seltman Vice Mayor Lame Councilman Johnson Councilman Schultz J Councilman Zarcone dZ A G R E E M E N T THIS AGREEMENT, made and entered into in duplicate this r day of ^ L,a0E q , 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 SEACOAST SANITATION LIMITED, INC., a corporation organized and existing under the laws of the State of Florida, hereinafter called the "Collector. " WHEREAS, the City desires to provide for the businesses and/or commercial establishments of the City of Tamarac an efficient and modern collection system for the garbage accumulation with 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 income to the City, NOW, THEREFORE, 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 businesses and/or commercial establishments requiring garbage collection and existing within the municipal limits of the City. 2. For business and commercial accounts, the rate charged shall be a matter of negotiation between the Collector and the customer served, and shall be dependent upon the amount of -1- 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 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 return for the use of the streets, alleys, bridges, easements and other ublic places thereof, pursuant to this Agreement, $200.00 per year or a sum of money equal to ten (10J) per cent of the gross billings from all accounts served within the limits of the municipality, whichever is the greater. The aforesaid payments shall be made on or before the tenth (10th) day of each month beginning 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 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 -2- 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. This Agreement shall be binding upon the parties hereto, their successors and assigns, and shall be for a period of one (1) year, beginning October 15th, 1971 and ending October 14th, 1972. 9. 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. 10. 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 -3-