The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Ordinance O-1990-040a Temp. Ord. #1509 2 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-90-_J�0 1 AN ORDINANCE AUTHORIZING THE ENTRANCE INTO A f NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND INDUSTRIAL WASTE SERV- ICES, INCORPORATED FOR COMMERCIAL GARBAGE AND TRASH COLLECTION; SETTING FORTH TERMS AND CONDITIONS OF SAID FRANCHISE; PROVIDING FOR IL NON-SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. f WHEREAS, the City of Tamarac is authorized to enter into 30 franchise agreements with garbage and trash collectors; and 21 WHEREAS, the City Council wishes to grant a non-exclusive 32 franchise to Industrial Waste Services, Incorporated. 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 34 TAMARAC, FLORIDA: 15 SECTION 1: That a non-exclusive franchise for collection of 34 garbage and trash is granted to Industrial Waste Services, Incorp- 17 orated, subject to the terms and conditions attached hereto and 15 made a part hereof as Exhibit "A" for a term to expire on September = 30, 1991. .7 SECTION 2: Collector shall maintain all dumpsters that it 22 services. Collector shall comply with all applicable municipal, 22 county and state laws, ordinances and regulations. 23 SECTION 3: Should any paragraph, sentence or word be 24 declared by a Court of competent jurisdiction to be invalid, this 25 shall constitute a repeal of this ordinance. 26 SECTION 4: This ordinance shall become effective upon its 27 final passage. 28 PASSED FIRST READING this /e;�day of , 1990. 29 PASSED SECOND READING this 07,40 day of , 1990. 30 31 ontc� 3I ATTEST NO ABRAMOWITZ MAYOR 3, ' CAR . EVANS 34 CITY CLERK RECORD OF COUNCIL VOTE 33 I HEREBY CERTIFY that I have MAYO ABRAMOWITZ- approved this E as to CIM ROHR form DISTRICT 1: DISTRICT 2: CIM SCHUMANN" ALA F. RUFw DISTRICT3: VIM HOFFMAN CITY ATTORNEY DISTRICT4: CIM BENDER- 9��.�- 0_90-4/0 q EXHIBIT A Revised 8/21/90 TERMS AND CONDITIONS OF GARBAGE FRANCHISE 1. 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. A. 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 (100) 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 1 o -So-yea 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 2 LIABILITY LIMITS: The limits of liability shall be in the following minimum amounts: Com rehensive General other than vehicle: Injury or death of any one persons $250,000 Injury or death of more than one person in any one occurrence: Property Damage: Each occurrence: Aggregate operations: Aggregate protective: Aggregate contractual: $500,000 $ 25,000 $ 50,000 $ 50,000 $ 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 - went. 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+V 1 per Best's Key Rating Guide. Be licensed to do business in Florida. All policies provided should 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 I -r 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 ccupliance 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 fora 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 4 o -,�b - Vb Franchise. The Collector shall also be liable to the City for all costs, expenses, attorneys fees and damages which may be incurred 1 or sustained by the City by reason of the Collector's breach of any of the provisions of this franchise. a 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. APPROVED: i. r DATE ACCEPTED BY: INDUSTRIAL Wi4STL� SE0?VjC9S, INC, Res 1 ENT DATE GARBAGE FRANCHISE 5