HomeMy WebLinkAboutCity of Tamarac Ordinance O-1990-039I
Temp. Ord. #1511
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-90-=ff
AN ORDINANCE AUTHORIZING THE ENTRANCE INTO A
NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE
CITY OF TAMARAC AND COUNTY WASTE, INCORPOR-
ATED FOR COMMERCIAL GARBAGE AND TRASH
COLLECTION; SETTING FORTH TERMS AND
CONDITIONS OF SAID FRANCHISE; PROVIDING FOR
NON SEVERABILITY OF INVALID PROVISIONS; AND
!8PROVIDING EFFECTIVE DATE.
! WHEREAS, the City of Tamarac is authorized to enter into
10 franchise agreements with garbage and trash collectors; and
13 WHEREAS, the City Council wishes to grant a non-exclusive
12 franchise to County Waste, Incorporated.
13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
4 TAMARAC, FLORIDA:
.S SECTION 1: That a non-exclusive franchise for collection of
6 garbage and trash is granted to County Waste, Incorporated, subject
7 to the terms and conditions attached hereto and made a part hereof
.8 as Exhibit "A" for a term to expire on September 30, 1991.
SECTION_ 2s Collector shall maintain all dumpsters that it
services.
_1
Collector shall comply with all applicable municipal,
'I county and state laws, ordinances and regulations.
!3
!4
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SECTION 3: Should any paragraph, sentence or word be
declared by a Court of competent jurisdiction to be invalid, this
shall constitute a repeal of this ordinance.
SECTION 4: This ordinance shall become effective upon its
final passage.
PASSED FIRST READING this day ofJ 1990.
PASSED SECOND READING this day of 1990.
'ATTEST
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tI&
i � CAROL A. EVANS
!3 CITY CLERK
14 I HEREBY CERTIFY that I have
approved this ORDINANCE as to
�5 form.
ALA RUF
CITY ATTORNEY
-NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZLG _
DISTRICT 1: -.,
CIM ROHR
DISTRICT 2: w CIM SCHUMANNJL� Q4—
DISTRICT 3: VIM HOFFMAN _ __
Of
DISTRICT4: CIM BENDER Q11L
0.9o-3?
V
EXHIBIT A
Revised 8/21/90
TERMS AND CONDITIONS OF GARBAGE FRANCHISE
I. The City hereby grants unto the Collector, 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 enterprises requiring such
services within the municipal limits of the City.
2. Collector shall maintain all dumpsters that it services.
3. -Collector shall comply with all applicable municipal,
county and state laws, ordinances and regulations.
4. 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.
5. The Collector shall bill all customers directly on an
individual basis, which billing shall be in advance on a quarterly
basis unless the customer elects to pay on a monthly basis.
6. The Collector shall pick up all garbage through the use
of modern packer type trucks and to dispose of all materials
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.
7. The Collector shall pay unto the City, in return for the
use of the streets, alleys, bridges, easements and other public
places thereof, pursuant to this Franchise, a sum of money equal to
ten percent (10%) of the 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
following acceptance of this Franchise by the Collector.
S. The Collector shall provide to the City a monthly
accounting, as well as a yearly audit, certified by an officer of
the company and notarized, and shall permit the City or its
authorized agents to inspect its records respecting the accounts
within the City at any reasonable time.
GARBAGE FRANCHISE
D-S°"3_7
9. INSURANCE REQUIREMENTS: Collector shall obtain and
maintain in full force and effect during the life of this Contract,
Workers' Compensation insurance covering all employees in
performance of work under this Contract. Contractor shall make
this same requirement of any of its subcontractors. Collector
shall indemnify and save the City harmless from any damages
resulting to them for failure to either Collector or any subcon-
tractor to take out or maintain such insurance.
The Collector shall take out and maintain during the life of
this Contract, a Comprehensive General Liability Insurance policy,
naming as insured the City, its shareholders, directors, officers,
agents and employees. This policy shall include but not be limited
to all of the following coverage:
GENERAL LIABILITY:
Comprehensive
Premises - Operations
Products/Completed Operations Hazard
Broad Form Property Damage
Independent Contractors
Personal Injury
Cross Liability and Severability of Interest Clause
AUTOMOBILE LIABILITY:
Comprehensive Term
Owner
Hired
Non -Owned
The Collector shall either (a) require each subcontractor to
procure and maintain during the life of the subcontract insurance
of the type and in the same amounts as specified herein, or (b)
insure the activities of subcontractors in his own policy.
GARBAGE FRANCHISE
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p weFa-37
.r
LIABILITY LIMITS:
The limits of liability shall be in the following minimum
amounts:
Co m rehensive General other than vehicle:
Injury or death of any one person: $250,000
Injury or death of more than one person
in any one occurrence: $500,000
Property Damage:
Each occurrence: $ 25,000
Aggregate operations: $ 50,000
Aggregate protective: $ 50,000
Aggregate contractual: $ 50,000
Neither Collector nor any subcontractor shall commence work
under this Contract until they have obtained all insurance required
under this Section and have supplied the City with evidence of such
coverage in the form of the Certificate of Insurance and endorse-
ment. Such Certificates and endorsements must be approved by the
City.
Collector shall be responsible for, and shall obtain and file
insurance certificates on behalf of all its subcontractors. All
Certificates of Insurance shall be filed with the City in the
office designated in the Contract.
ALL INSURANCE COMPANIES PROVIDED SHOULD:
Be rated at least A+VII per Best's Key Rating Guide,
Be licensed to do business in Florida.
All policies provided ahould be Occurrence not Claims -Made
f orms .
The Collector shall name the City as an insured on all
Comprehensive General Liability insurance policies, auto policies
GARBAGE FRANCHISE
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and property policies, not as an additional insured. Endorsements
specifying all coverages shall be included.
Collector shall require insurance companies providing
coverage to give the City thirty (30) days written notice of its
intent to cancel or terminate policy.
Collector's insurance shall be primary.
10. To guarantee performance by the Collector under this
Franchise, the Collector shall post with the City $2,500.00 in
cash, or the estimated amount of franchise fees for a three (3)
month period, whichever sum is greater. Such sum may be applied by
the City to any default by the Collector in the performance of this
Franchise. Upon the completion of the term of this Franchise and
compliance with all terms and conditions hereof, Collector shall be
entitled to the return of such bond.
11. The City reserves the right to terminate this Franchise
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.
12. This Franchise shall be binding upon the parties hereto,
their successors and assigns and shall be for a period commencing
upon the date of acceptance by the Collector and ending September
30, 1991.
13. 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 Franchise, for any
personal injury, loss of life, or damage to property arising
directly or indirectly from its operations pursuant to this
Franchise 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 (10) 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
GARBAGE FRANCHISE
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Franchise. 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 franchise.
14. This Franchise 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 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 Franchise.
AW&W1' S
I
CITY r
DATE
ACCEPTED BY:
,b-r- L4n-
County Wa� � , �Inc �
DATE J
GARBAGE FRANCHISE
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