HomeMy WebLinkAboutCity of Tamarac Ordinance O-1982-057Introduced by: TEMP.# OQ
CITY OF TAMARAC, FLORIDA
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
19
20
21
22
23
24
25
26
27
28
29
31
32
33
ORDINANCE NO. 0-
AN ORDINANCE GRANTING A FRANCHISE FOR COLLECTION
OF NEWSPAPERS TO JAMES STEPHENS , A PRIVATE IN-
DIVIDUAL; PROVIDING THAT THIS IS A NON EXCLUSIVE
FRANCHISE; PROVIDING FOR TERMS AND CONDITIONS OF
SAID FRANCHISE; PROVIDING FOR TERMINATION OF SAID
FRANCHISE; AUTHORIZING EXECUTION OF CONTRACT WITH
FRANCHISEE; PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, recycling of newspapers benefits society by reducing
the total amount of paper which must be obtained directly through
cutting down of trees, and
- WHEREAS, recycling of newspapers will reduce the quantity of
garbage generated by residents of the City of Tamarac, and thereby
reduce the demands upon the Broward County landfills, and
WHEREAS, a program of recycling newspapers will bring added
revenues to the City which may ultimately be a tool in reduction or
maintenance of status quo of taxes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That a non exclusive franchise for the collection
of newspapers is hereby granted to JAMES SAS a private individual
authorized to do business in the State of Florida.
SECTION Z: The appropriate City officials are hereby autho-
rized to enter into a contract in essentially the form as is attached
hereto as Exhibit "l" and which is hereby made a part of this ordi-
nance as if set forth verbatim herein.
SECTION 3: The term of the franchise shall be one year from
the date of execution of the contract, and said agreement made there-
after be extended by written consent of the parties for such addi-
tional periods as are specified in such consent without further modi-
fication of this ordinance provided there are no material modifica-
tions to the contract itself.
The agreement may also be terminated by the City
at any time whenever the service provided by the franchisees fails
to meet reasonable standards of the garbage collection trade, after
the City has given written notice to the franchisees of the defi-
34 1 ciencies in service and the franchisees have failed to correct the
35 deficiencies as set forth in the written notice within 14 days of
-1-
TEMP. # Qp
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
19
20
21
22
23
24
25
26
27
28
29
0
31
32
33
34
35
receipt by the franchisees of such notice from the City.
SECTION 3: Should any section or provisions of this ordinance
or any portion hereof 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 4: All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict.
SECTION 5: This ordinance shall become effective upon its
final passage.
PASSED FIRST READING this J�day of , 1982.
PASSED SECOND READING thisday of 6��iV 1982.
0
ATTEST:
/l►'CITY CLERR
I HEREBY CERTIFY that I have
approved the form and correctness
of this ORDINANCJk .
TORNEY
MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
1- 10 6R." "- P 7 "
CONTRACT
THIS AGREEMENT, made this QWday of .�►1982,
among the CITY OF TAMARAC, a municipal corporation of the State of
Florida (hereinafter referred to as "Seller"), JAMES STEK-EM a
private individual (hereinafter referred to as "Buyer").
WHEREAS, Seller desires to sell salvageable newspaper collected
through its efforts, Buyer is willing to purchase such salvageable
newspaper.
NOW, THEREFORE, for and in consideration of the mutual cove-
nants and understandings contained herein, and of other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged,
the parties hereto, intending to be legally bound, agree as follows:
1. Purchase and Sale. Buyer shall purchase from Seller and
Seller shall sell to Buyer salvageable newspaper meeting the specifica-
tions set forth in Section 6 hereof that is collected in Tamarac by
S77
Buyer or any person, firm or other entity acting on behalf of Buyer.
2. Pick Up and Delivery. Seller shall allow Buyer to make
pick ups at each individual home, condominium building, hotels and
other areas elected by Seller, and Buyer shall make pick ups at least
once per week on a designated day at designated areas. In the event
Seller has issued more than one Franchise, Buyer shall be required to
coordinate pickups with all other Buyers issued franchises. Failure
to coordinate pickups satisfactorily shall leave the determination
of territories to the City Manager who shall consider past performance,
available pickup days and such other factors as he deems appropriate
in making his decision.
3. Weighing. Buyer shall provide Seller with a method
acceptable to Seller for an automatic state certified scale and all
necessary facilities for determining the net weights of the salvageable
newspaper. Upon delivery of the salvageable newspaper to a Plant,
Buyer shall have issued to Seller a numbered receipt, signed by
Buyer's employee, and by an agent of the plant accepting the newspaper
showing the net weight of the salvageable newspaper.
4. Purchase Price.
The purchase prices for all salvageable
newspaper purchased and sold hereunder shall be determined as follows:
4.1 Buyer shall pay to Seller, for all salvageable news-
paper collected by Buyer pursuant to this Agreement, a percentage of
the price per ton of the published price per ton for "#1 News" for the
Southeast area as shown in the Official Board Markets (the "Yellow
Sheet") published by Magazines for Industry, Inc., which shall be no
less than Eighteen ($18.00) Dollars per ton. The percentage of the
published price of newspapers paid to Seller shall be 10% if the price
is $50.99 per ton or less, and 15% if the price of newspapers is $51.00
per ton or more.
4.2 It is understood by the parties that the Yellow
Sheet is published weekly and that the purchase price for the salvage-
able newspaper sold in any calendar month will be determined by refer-
ence to the prig quoted in the second weekly edition (as determined
by reference to the issue date printed on the cover page of the Yellow
Sheet) of the calendar month in which the salvageable newspaper was
delivered. If more than one such price is published, the average of
the published prices shall apply. If no second weekly edition of the
Yellow Sheet is published in any calendar month, the first edition
published in such month shall be used in determining the purchase price
for said month.
5. Payment of Purchase Price. Within twenty (20) days after
the end of each calendar month, Buyer shall determine the total net
weight of all salvageable newspaper received by it from Seller during
such proceeding month. Buyer shall calculate the sums due Seller for
the previous month and shall remit said sums to Seller on or before
the Twenty -Fifth (25th) day of the calendar month.
6. Specifications. For the purposes of this Agreement,
"Salvageable Newspaper" shall mean old newspapers, including the norma
percentage of rotogravure and colored sections; collected and handled
separately from regularly collected City solid waste and packed loose
as received, tied in twine or in paper bags. No papers of other kinds
shall be included (and Buyer shall not be obligated to pay therefor).
Moisture content shall be no more than eight (8%) percent (determined
by a water hydrometer device). However, Buyer shall be obligated to
collect all salvabeable newspaper regardless of moisture content that
IrAS
is properly placed for collection.
7. Term. The initial term of this Agreement shall be one (1)
year from the date hereof. This Agreement may thereafter be extended,
by the written consent of the parties, for such additional periods as
are specified in such consent.
8. Assignment. This Agreement shall be assigned by either
party without the prior written consent of the other party.
9. Title to Salvageable NewspaRer; Risk of Loss. Buyer
shall assume title to and risk of loss for all newspaper to be trans-
ferred pursuant to the Agreement upon pickup.
10. Buyer's Agent. Unless otherwise expressly provided herein,
all references to Buyer shall be deemed to include Buyer'.syagent, if
any. Said agent shall act on behalf of Buyer in fulfilling Buyer's
obligations hereunder and shall accept Seller's performance on behalf
of Buyer. The foregoing notwithstanding, said agent shall not have
the authority to modify this Agreement or to waive any requirements
established hereby, and no such action shall be binding upon Buyer.
�- 11. Assistance. Upon the request of Seller, Buyer will
provide reasonable assistance to Seller in the establishment and opera-
tion of a waste newspaper collection program.
12. Miscellaneous.
12.1 Governing Law. This Agreement shall be interpreted
in accordance with the laws of the State of Florida.
12.2 Insurance. Buyer shall provide, pay for, and
maintain in force at all times during the term of service, liability
insurance on all vehicles and equipment used in the City, and Workmen's
Compensation insurance for any employees; such insurance policy or
policies shall be issued by companies approved and authorized to do
business in the State of Florida and shall contain as a minimum, the
\ following provisions and limits of liability:
Bodily injury and property damage in amounts
not less than Two Hundred Fifty Thousand Dollars
($250,000) Primary limits - Five Hundred Thousand
Dollars ($500,000) Excess for each occurrence for
each injury.
-3-
12.3 Other Conditions
a) The Seller reserves the right to terminate the
contract at any time whenever the service provided by the Buyer or
its agent has failed to meet reasonable standards of the trade, after
the City has given written notice to the Buyer of the deficiencies in
service and the Buyer has failed to correct the deficiencies as set
forth in the written notice within fourteen (14) days of the receipt
by the Buyer of such notice from the City.
b) 'Any change in the regularly scheduled pickup service
because of a holiday shall first be presented to the City Manager for
approval in time to provide notice to customers of such change. Buyer
will be responsible for providing sufficient notice of any change in
pickup schedule to its customers.
12.4 Notices. All notices to be sent to or communicated
to a party shall:be in writing, addressed to such party at its address
as hereinafter set forth or at such other address as it shall designate
for the purpose by written notice to the other party and shall be
deemed to have effectively been given to such other party three (3)
days after it shall have been deposited in the United States mail,
certified, return receipt requested, appropriately addressed with
postage prepaid.
TO SELLER: CITY OF TAMARAC
5811 Northwest 88th Avenue
Tamarac, Florida 33321
TO BUYER: JAMS STEPHENS
651 N.W. 34 Avenue
Ft. Lauderdale, Florida 33311
792-0295
IN WITNESS WHEREOF, the parties have caused this Agreement
executed on their respective behalf by their duly -authorized repre-
sentatives the day and year first above written.
ATTEST:
4CT R'
C I'
By
J
QC
ffiANAGER
rrn AS TO
n
L
ATTEST:
CITY CLERK/
ATTEST:
JAMES Ste$
BY
-5-