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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2000-0051 Ll Temp. Ord.#1$$0 Page 1 January 13, 2000 CITY OF TAMARAC, FLORIDA Ordinance NO, 0-2000- 0-< 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 FOR AN ADDITIONAL FIVE YEAR PERIOD TO END MARCH 31, 2005; 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 renewal was based on a favorable rate structure and a sustained high -quality level of service; and WHEREAS, the Assistant Director of Public Works recommends approval of renewal; 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 a renewal of the terms of the 1994 residential recycling collection Agreement with All Service Refuse Company, Inc., to end on March 31, 2005. 2. Article 6 , Rates, Records, Billing, §6.1 Multi -Family, §6.2 Single -Family, and • §6.3 Consumer Price Index (CPI) Adjustment are amended to read as follows: 0 Article 6 Rates Records,_Billing §6.1 Multi -Family - The price paid to CONTRACTOR shall be $0.44 (forty-four cents.)_$_4.1 (forty-one cents) per multi -family unit per month. §6.2 Single -Family: The price paid to CONTRACTOR shall be $0.87 (eighty-seven cents) $ 81 4eighty-nne cents) per single-family unit per month. §6.3 Consumer Price Index (CPI) Adjustment: If this agreement is not terminated as provided herein, January of each subsequent year hereof, the rate shall be adjusted by the same percentage increase or decrease, if any, in the Miami Urban Consumer Index (CPI) for the twelve (12) month period ending the previous June 30September an. 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 1st day of April 2000. 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. 2 Temp. Ord.#1880 Page 2 January 13, 2000 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 addendum 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 renewal of said Agreement shall begin on April 1, 2000, with the term ending on March 31, 2005. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. 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. Temp. Ord.#1880 Page 3 January 13, 2000 SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this �` day of, 2000. PASSED, SECOND READING this day of, 2000. ATTEST: CAROL GOL , CMC/AAE City Clerk I F REBY CERTIFY that I ha w vL-d this Ordinance a o form. MIXI-IELL S: City Attorney r• J SCHREIBER Mayor RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER _1 DIST 2: V/M MISHKIN 1 DIST 3: COMM, SULTANOF DIST 4: COMM. ROBERTS U:\adm correspondence\agendas\18800rd-Residential Recycling Agreement Renewal 1 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 751 NW 31 Avenue, Fort Lauderdale, Florida 33311 (hereinafter "CONTRACTOR") is made and entered into this �� day of , 2000. 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 renewal for a five (5) year period of time; and WHEREAS, Paragraph 6.1 & 6.2 of the Agreement between CONTRACTOR and the CITY shall reflect current prices; and WHEREAS, Paragraph 6.3 of the Agreement between CONTRACTOR and the CITY requires the twelve (12) month period to be changed to reflect current reported period of the Miami Urban Consumer Price Index (CPI); and WHEREAS, the CITY chooses to renew the term of the Agreement with CONTRACTOR until March 31, 2005; 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. Article 3, Term is amended as follows: Article 3 Term §3.1 Contract Term The term of this agreement shall begin at 12:01 a.m. on December 19, 1994 and shall expire on March 31, 20051.99Z. 1 • ATTEST: Carol Gold, CM / E City Clerk Date: pprov as form al sufFic' Mitchell S. Kraft, City Attorney • CITY OF TAMARAC By: ,G uJoe Schreiber Mayor DATE: r L. Miller City Manager Date:_ &`&,,) .� AT IK'o Cor ate Secretary 'A Type name of Corporate Secr ary (CORPORATE SEAL) CONTRACTOR All Service Refuse Company, Inc. A Florida Corporation By: arold Carter, Vice -President Date: ,3 0 O O STATE OF FLORIDA COUNTY OF BROWARD nn • Before me personally appeared �Q Caif44, 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. 0,2d od . WITNESS my hand and official seal, this 3,L c y of 441— _ My Commission Expires: Personally known Produced Identification Did/Did Not take an oath • I'Ntary P Iic, State of I rida At Large c�4.� �? Print or Type Name of Notary pF Flo Si:^:;;i M \�a /112003OS0RY: TARP 29 PUBLI 804042 "11 12