HomeMy WebLinkAboutCity of Tamarac Ordinance O-1980-077Introduced by: &4 Temp. # ;7- 4
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO.0--$0- 77
AN ORDINANCE GRANTING A FRANCHISE FOR COLLECTION FOR
NEWSPAPERS TO MGM RECYCLING, INC-PROVIDING THAT THIS
IS A NON EXCLUShVE 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 of
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 MGM Recycling, Inc., a Florida
Corporation.
SECTION 2:
The appropriate City officials are hereby
authorized to enter into a contract in essentially the form as
is attached hereto as Exhibit "1" and which is hereby made a part
of this ordinance 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
thereafter be extended by written consent of the parties for such
additional periods as are specified in such consent without further
modification of this ordinance provided there are no material modi-
fications to the contract itself.
The Contract 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 deficiencies in
service and the franchisees have failed to correct the deficiencies
as set forth in the written notice within 14 days of receipt by the
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franchisees of such notice from the City.
SECTION 3: Should any section or provision 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 S: This ordinance shall become efective upon
its final passage.
PASSED FIRST READING THIS_9 'day of ,1980.
PASSED SECOND READING THIS Z3,,A 'day of ,1980.
E
OR
ATTEST:
CITY CLERK
I HEREBY CERTIFY that I have approved
the form and correctness of this
ORDINANCE. MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
CITY ATTORNEY
RECORD OF COUNCIL VOTE
IrANIU PELVAYY
THIS AGREEMENT, made this ;2_ s,_;e4day of ,
1980, among the CITY OF TAMARAC, a municipal corporation of the
State of Florida (hereinafter referred to as "Seller"), MGPl Recycling,
Inc., a Florida Corporation, (hereinafter referred to as Buyer) and
Seaboard Recycling Corp., a Florida Corporation, (hereinafter referred
to as Seaboard).
T?'PrTTAT C
Seller desires to sell salvageable newspaper collected
through its efforts, Buyer is willing to purchase such salvageable
newspaper; and Seaboard is willing to guarantee certain performance
and payment obligation of Buyer;
NOW, THEREFORE, for and in consideration of the mutual con-
venants 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
specifications set forth in Section 6 hereof that is collected in
Tamarac by Buyer or any person, firm or other entity acting on be-
half of Buyer. r
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 at street level, and Buyer shall
make pick ups at least once per week on a designated day at designate)
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areas. In the event Seller has issued more than one Franchise,
Buyer shall be required to coordinate pick ups 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. Neighing. 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 salvage-
able 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
newspaper 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 per-
centage of the published price of newspapers paid to Seller shall
be 10o if the price is $50.99 per ton or less, and 15o if the price
of newspapers if $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 sal-
vegeable newspaper sold in any calendar month will be determined by
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reference to the price 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 preceeding 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 meanold newspapers, including the
normal percentage of rotogravure and colored sections; collected and
handled separately from regularly collected City solid waste and
packed loose as received, tied in twine, in paper bags or in corrugated
boxes. 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 (80) percent (determined by a water hydrometer
device). F,)wever, Buyer shall be obligated to collect all salvage-
able newspaper rccardless of moisture content that 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
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additional periods as are specified in such consent.
8. Assi nment. This Agreement shall not be assigned by
either party without the prior written consent of the other party.
In the event corporation Buyer's oration or its assets are sold, Seller
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may cancel this Agreement.
9. Title to Salvageable Newspaper; Risk of Los.,.
Buyer shall assume title to and risk of loss for all
newspaper to be transferred pursuant to the Agreement upon pickup.
10. Buyer's A ent. Unless otherwise expressly provided
herein, all references to Buyer shall be deemed to include Buyer's
agent, 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 gill
provide reasonable assistance to Seller in the establishment and
oi)eration of a waste new -paper collection program.
12. Miscellaneous.
12.1 Governing Law. This Agreement shall be inter-
preted 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 operations and equipment used in the City, and Workmen's
Compensation insurance for its employees; such insurance policy cr
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:
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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 occurence for
each injury. The City shall Ve named as an
additional insured.
Prior to the effective date of the Franchise permitting Buyer
to collect newspapers pursuant to Seller's regulations, the Buyer
shall furnish the City with a Certificate of Insurance as aforesaid
policies with at least thirty (30) days notification in favor of
the City in the event of termination of coverage or cancellation.
12.3 Other Conditions.
a) The Seller reserves the right to terminate the con-
tract 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
Buver has failed to correct the deficiencies as set forth in the
written notice within fourteen (14) days of the receipt by the Buyer
of suc}, 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 give sufficient notice to customers of such
change. Buyer will be responsible for providing sufficient notice
of any change in pickup schedule to its customers.
c) Seaboard shall keep records of all newspapers
delivered to it by Buyer and shall make payments to Seller in the
event Buyer is five days or more late in its payments to City.
Furthermore, Seaboard agrees to accept for recycling all newspapers
collected by Buyer pursuant to the terms of this contract, regardless
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of market conditions at prices set forth herein. In the event
Seller finds it necessary to cancel this Contract with Buyer,
Seaboard shall accept for recycling at prices set forth herein
all newspapers collected by Buyer's successor - if any delivered
to Seaboard.
12.4 There shall be no pickups prior to 7:30 a.m.
12.5 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: MGM RECYCLING, Inc.
7740 Tropuna Street
Miramar, Florida
333023
-and-
SEABOARD RECYCLING CORP.
3021 S. W. 1st Terrace
Ft. Lauderdale, Florida
IN WITNESS WHEREOF, the parties have caused this Agreement
executed on their respective behalfs by their duly -authorized
representatives the day and year first above written.
ATTEST: CITY OF TAMARAC
'City
G
-44zd-i City Clerk
ATTEST:
ATTEST:
BY
Mayor
By %Ze-
City Manager
MGM RECYCLING Inc.
BY f a
SEABOARD RECYCLING CORP.
r