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Home My WebLink AboutCity of Tamarac Ordinance O-1971-036r n u CITY OF TAMARAC, FLORIDA ORDI E NO. AN ORDINANCE AWARDING A FRANCHISE FOR GARBAGE AND TRASH COLLECTION TO SOUTHERN SANITATION SERVICE, INC., A FLORIDA CORPORATION; AUTHORIZING AND DIRECTING THE PROPER. CITY OFFICIALS TO ELUTE AN AGRE 1ENT WITH SUCH COLLECTOR; CONTAINING A SAVINGS CLAUSE; AND CONTAININGAN 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 accL=lation within the City, and WHEREAS, the Collector has proposed a method of collection and disposal of Ccnrercial 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 SECTION 1: That a franchise for collection of garbage and trash in the City of 'Tamarac be granted to SOUTHERN SANITATION SERVICES, 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 SOUTHERN SANITATION SERVICE, 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 irrmediately upon its passage, ve. PASSED FIRST READINGthisday of l = 1971. PASSED SECOND READING this day of ( 1971, c�� PASSED THIRD READING this C.� day of , 1971. MAYOR ATTEST: EZ I W I HLinL ;y CERTIFY that form and ,Ji�U OF COUNCIL VOTE i',"ayor Lange :.:,+roan Johnson Coy. n,jiman Schultz — ^ Councilman Zarcone VA FRANCHISE AGREE14ENT THIS AGREEMENT made and entered into in duplicate, this _= day of December, 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 Southern Sanitation Service, 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 for commercial and industrial establishments engaged in business within the limits of the City; and WHEREAS, the Collector is desirous of collecting refuse from such commercial and industrial 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 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. 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 and Collector mutually agree that billing should be on a monthly basis. F1 0 --2- 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 public places thereof, pursuant to this Agreement, a sum of money equalp to ten per cent (10%) of the 4_.. `C YI � 0�, b� �'r [� w n K lN+ LJ � � e.N f v� .( �e h, r✓ �'Pi'�CN gross billings from all accounts served within the limits of the municipality The aforesaid payments shall be made on or before the tenth (10th) day of each month beginning February 10, 1972, based upon monthly collections. b. 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 100,000/300,000 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 One hundred Thousand Dollars ($100,000) for one accident. In addition, the Collector agrees to provide Umbrella Liability Insurance in the amount of $1,000,000. 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. S. The Collector shall furnish to the City a performance bond covering the faithful performance of this Agreement and all obligations arising hereunder in the amount of $2,000. - 3 - 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 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. 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 January 1, 1972 and ending December 31, 1974. The Collector shall have the e. 6 ) (.. option to extend the Agreement tom- (A years by notifying the Council in writing IR 74 on or before October 31, i�7br. 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 collection 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 therein. The City shall notify the Collector within ten (19) 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 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 r I 'I _4_ 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: I HEREBY CERTIFY that I have approved the form and correctness of this Agreement. city Att' ney ATTEST: City erk 1111itnesses as to so thornlSan-iitation Service, Inc. CITY OF By_TAMARAC Mayor SOUTHERN SANITATION SERV F, INC. L By_ �-