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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1997-025I Temp. Ord. #1811 October 29, 1997 Rev. 1: November 4, 1997 CITY OF TAMARAC, FLORIDA Ordinance NO. 0-97- oZs AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN ADDENDUM TO THE 1994 AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALL SERVICE REFUSE COMPANY, INC. FOR FURNISHING RESIDENTIAL RECYCLING COLLECTION TO EXTEND THE TERMS OF THE 1994 AGREEMENT FOR A TWO YEAR PERIOD TO END DECEMBER 31, 1999; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 4, 1994, the City of Tamarac and All Service Refuse Company, Inc. entered into an Agreement for residential recycling collection; and WHEREAS, the Agreement was approved by ordinance No.94-14 on September 28, 1994; and WHEREAS, the City of Tamarac chooses to exercise its option under section 3.3 of the 1994 Agreement to provide that the term of the Agreement be extended for a two year period of time; and WHEREAS, the extension will allow for concurrent term of solid waste and recycling contracts and begin on December 19, 1997; and WHEREAS, the extension will move the expiration date of the 1994 Agreement from December 18 to December 31, 1999; and 2 Temp. Ord. #1811 October 29, 1997 Rev. 1: November 4, 1997 WHEREAS, the City Manager, Public Works Director and Public Works Operations Manager recommend approval of extension; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City officials to execute an extension of the terms of the 1994 residential recycling collection Agreement with All Service Refuse Company, Inc., to end on December 31, 1999. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute the extension to the Agreement between the City of Tamarac and All Service Refuse Company, Inc., for residential recycling collection attached hereto as "Exhibit 1" and made part hereof. SECTION 3: Upon execution of the Addendum to the 1994 Agreement with All Service Refuse Company, Inc., the extension of said Agreement shall begin on December 19, 1997, with the term ending on December 31, 1999. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. 1 3 Temp. Ord. #1811 October 29, 1997 Rev. 1: November 4, 1997 SECTION 5: If any clause, section, other part or application of this Ordinance is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this / oZ_ PASSED, SECOND READING this 2C' ATTEST: r� CAROL A. EVANS, City Clerk I HEREBY CERTIFY that I have aporgv?d this Ordinaanceyas to fc MITCHELL S. KRAFT City Attorney day of / )&K*v6 A , 1997. day of , 1997. ( z -1 J SCHREIBER Kh/ayor RECORD OF MAYOR _ SCHREIE DIST 1: COMM. M DIST 2: V/M MISh DIST 3: COMM. SI DIST 4: _„COMM, Rt rrla6/9� Addendum to October 4 1994 Agreement Between the City -of Tamarac And All Service Refuse Company, Inc. For Furnishing Residential Recycling Collection This Addendum to the Agreement between the City of Tamarac, a municipal corporation with principal offices located at_ 7525 NW 88 Avenue, Tamarac, Florida 33321 (hereinafter "CITY") and All Service Refuse Company, Inc., a Florida corporation with principal offices located at 825 NW 31 Avenue, Fort Lauderdale, Florida 33311 (hereinafter "CONTRACTOR") is made and entered into this __2_6 day of _NomhP r — ------- .1997. WITNESSETH WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated October 4, 1994, relating to the furnishing of residential recycling collection in the City of Tamarac; and . WHEREAS, Paragraph 3.3 of the Agreement between CONTRACTOR and the CITY provides for an option to extend the term of the Agreement for a Two Year Period of Time; and • WHEREAS, extending the term of the Agreement shall allow for concurrent terms of solid waste and recycling contracts and the new term shall begin on December 19, 1997; and WHEREAS, the CITY chooses to exercise its option to extend the term of the Agreement with CONTRACTOR to December 31, 1999; NOW, THEREFORE, in addition to the obligations set forth in the Agreement of October 4, 1994, between CITY and CONTRACTOR, the parties agree as follows: 1. The parties agree that the foregoing recitals are true and correct and incorporated herein by this reference. 2. The terms of the Agreement between CITY and CONTRACTOR entered into on October 4, 1994 are hereby extended for a period of two (2) years, beginning on December 19, 1997 and ending December 31, 1999. 1 • 3. The October 4, 1994, Agreement between CITY and CONTRACTOR and all subsequent amendments and addendums thereto not subject to this or other duly executed amendments and addendums remain in full force and effect. Failure to specifically delineate any prior terms or conditions in this addendum does not operate to relieve CITY or CONTRACTOR of any obligations pursuant to this Agreement or waive any rights contained therein. 4. The effective date of this Addendum to the Agreement shall be the date of execution by the last party to sign. IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum to the October 4, 1994, Agreement on the respective dates under each signature, the City of Tamarac signing through its Mayor, and All Service Refuse Company, Inc., signing by and through Harold Carter, Vice -President, duly authorized to execute same. ATTEST: Carol Evans, City Clerk Date: November 26, 1997 CITY F TA j RAC By. Ja Schreiber, Mayor � DITEATE: November 26, 1997 '-tS-n Robert S. Noe, Jr., City mana er Date: November 26, 1997 Ap r' ved as su �nc Mi hell . K form a} d legal Attorney 2 0 ATTEST: Co ate Secretary .lames 0. Cole Type name of Corporate Secretary (CORPORATE SEAL) CONTRACTOR All Service Refuse Company, Inc. A Florida Corporation By: Harold Carter, Vice -President Date: _ % l / STATE OF FLORIDA COUNTY OF BROWARD Before me personally appeared &cn)d Cafe , to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this Yth day of 00fM . r 1997. 11 Pvs SHERI USREY ' ` 'Z( MMISSION # OC 57M WIFiC Tu f rr ATLMM My Commission Expires: Personally known (� ) Produced Identification 0 Did id Nat ake an oath ( Notary Public, State ef Florida At Large Print or Type Name o N tary 3