The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Ordinance O-1990-038Temp. Ord. #1510 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-90- g AN ORDINANCE AUTHORIZING THE ENTRANCE INTO A NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWNING-FERRIS INDUS- TRIES OF FLORIDA INCORPORATED, FOR COMMERCIAL GARBAGE AND TRASH COLLECTION; SETTING FORTH TERMS AND CONDITIONS OF SAID FRANCHISE; PROVIDING FOR NON-SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING EFFECTIVE DATE. -- WHEREAS, the City of Tamarac is authorized to enter into franchise agreements with garbage and trash collectors; and WHEREAS, the City Council wishes to grant a non-exclusive franchise to Browning -Ferris Industries of Florida, Incorporated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: 1S SECTION 1: That a non-exclusive franchise for collection of 16 garbage and trash is granted to Browning -Ferris Industries of 17 Florida, Incorporated, subject to the terms and conditions attached 16 hereto and made a part hereof as Exhibit "A" for a term to expire 1- an September 30, 1991. SECTION 2: Collector shall maintain all dumpsters that it 1221services. Collector shall comply with all applicable municipal, 22 23 24 is 26 21 29 29 30 county and state laws, ordinAnces and regulations. 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 of 1990. PASSED SECOND READING this +Z& day of Ale , 1990. 6- 32 ` %TTEST NORMAN ABRAMOWITZ 3; MAYOR 23 OL A. EVANS 34 CITY CLERK 1 25 I HEREBY CERTIFY that I have approved this ORDINANCE as to form. AN RUF CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR, ABRAMOWr Z DISTRICT 1: CIM ROHR AA a*� DISTRICT2: , __CIM SCHUMANN DISTRICT 3: �„ VIM HOFFMaN,�__„_ DlSTRiCT4: C!M BENDER 9/,/11fo C)_ sD-39 r EXHIBIT A Revised 6/21/90 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. Z. Collector shall maintain all dunpsters 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. u GARBAGE FRANCHISE 4 p-5a-3r3 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 snake 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 Aired 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 u LIABILITY LIMITSs The limits of liability shall be in the following minimum amounts: C=Rrebensive Generalt other than vehicles Injury or death of any one person: $250,000 Injury or death of more than one person in any one occurrences .$5000000 Property Damage:. Each occurrences $ 25,000 Aggregate operations: S 50,000 Aggregate protective: S 50,000 Aggregate contractual: S 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 - Bent. 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 Beat's Key Rating Guide. Be licensed to do business in Florida. All policies provided should be Occurrence not Claims -Made forms. The Collector shall name the City as an insured on all Comprehensive General Liability insurance policies, auto policies GARBAGE FRANCHISE da 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 4 A e 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. la. 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. A"L-1'zb'1' i DATE ACCEPTED BY% BRowN11V&- rr"A'AA, //►QC-. Z45�7 PR6s 12 ENr (::��TE��Clp z GARBAGE FRANCHISE 5