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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-156Temp. Reso. #8623 Page 1 June 7, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALL SERVICE REFUSE COMPANY FOR THE LEASE OF A RECYCLING TRUCK; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Residential Recycling Collection Services Agreement, Article 11.5 (A), between the City and All Service Refuse, hereto attached as Exhibit 1, requires the City to lease a collection vehicle for use in the City of Tamarac; and WHEREAS, the Residential Recycling Collection Services Agreement, Article 11.5 (A), requires the City of Tamarac to provide one (1) collection vehicle; and WHEREAS, it was necessary to replace said vehicle because it has reached the end of its useful service lifetime; and WHEREAS, the City Commission authorized funding for the replacement of said vehicle in the Fiscal Year 1997 Operating Budget; and WHEREAS, Resolution No. R-98-170 awarded the bid for the purchase of a new recycling truck to Clark Waste Systems, a copy of said resolution attached hereto as Exhibit 2, and; WHEREAS, prior to the transfer of said vehicle, it is necessary to execute a lease agreement between the City of Tamarac and All Service Refuse, hereto attached as Exhibit 3, and Temp. Reso. #8623 Page 2 June 7, 1999 WHEREAS, the Public Works Director, Purchasing/Contracts Manager, and Public Works Operations Manager recommend that the City enters into this lease agreement for the recycling truck; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute the lease agreement between the City of Tamarac and All Service Refuse Company. NOW, THEREFORE, BE IT RESOLVED 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 Resolution upon adoption hereof. SECTION 2: The appropriate City officials are hereby authorized to execute a lease agreement between the City of Tamarac and All Service Refuse Company, Inc., a copy of said lease attached hereto as Exhibit 3. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. 1 PASSED, ADOPTED AND APPROVED this c -3&4 day of CAROL GOLD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I approved this RESOLATION as to form. 1 MITCHELL'S. KRA CITY ATTORNEI Temp. Reso. #8623 Page 3 June 7, 1999 1999. d6E SCHREIBER MAYOR RECORD OF COMMI MAYOR SCHREIBER DIST 1: COMM. POR DIST 2: V/M MISH0 DIST 3: COMM. St1u DIST 4: COMM. ROB U:\adm correspondence\agenda\8623RES-Recycling Truck Lease Agreement 1 Exhibit 2 11 • TEMP. RESO. No.,,,��? AGREEMENT BETWEEN THE CITY OF TAMARAC Fmr ALL SERVICE REFUSE COMPANY, INC. FOR THE LEASE OF RECYCLING TRUCK • AGREEMENT BETWEEN THE CITY OF TAMARAC is AND ALL SERVICE REFUSE COMPANY, INC. FOR THE LEASE OF RECYCLING TRUCK ; THIS AC;RFFMFNIT iq mar1P and PntPrPd into this -� :5Z'� day of 1999, by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, FL 33321 (hereinafter "LESSOR") and All Service Refuse Company, Inc., a Florida Corporation with principal offices located at 751 NW 31 Avenue, Fort Lauderdale, FL 33311 (hereinafter "LESSEE"). WHEREAS, pursuant to Ordinance No. 0-94-14, on October 4, 1994, LESSOR entered into an agreement with LESSEE to provide residential single and multi- family curbside recycling collection services; and WHEREAS, agreement provides for lease of a recycling vehicle for use in the agreement. NOW, THEREFORE, in consideration of the terms and conditions, provisions, covenants and promises hereinafter set forth, the LESSOR and the LESSEE agree that: Recitals: The parties agree that the foregoing recitals are true and correct and incorporated herein by this reference. 2. Lease: The LESSOR leases to the LESSEE, the truck vehicle described in Attachment A for recycling purposes as set forth in the agreement for residential recycling services, attached hereto as exhibit 1, and incorporated herein by reference. 3. Rental: The LESSEE shall pay to the LESSOR during the term of this lease the sum of one ($1.00) dollar per year for the vehicle leased to the LESSEE. 4. Term: The term of this lease shall be the same as the residential recycling collection services agreement between the City of Tamarac and All Service Refuse Company, Inc. Lease shall automatically renew or terminate upon the renewal or termination of the residential • recycling collection services agreement. 5. Title: The LESSOR shall remain the owner of the truck. LESSEE shall acquire no right, title or other interest in or to the vehicle other than that of a bailee for hire. 6. Termination: In the event this agreement is terminated, then the said vehicle shall remain the property of the LESSOR. Upon termination the recycling truck shall be returned to the City of Tamarac Public Works facilities. This agreement may be terminated by the City for cause or convenience. LESSEE shall immediately cease operation of the recycling truck upon notice of termination by City and shall return the vehicle to City. 7. Maintenance and Repairs: The LESSEE shall, at its own expense, provide suitable and adequate garage space and shall maintain the truck and any vehicle which may be substituted for the truck as provided below in good repair, mechanical condition and running order. The LESSEE shall use as a guide the maintenance program prescribed in the owner's manual and shall perform all preventative maintenance required to insure full validation of any manufacturer's warranty. • LESSEE agrees to maintain a written maintenance log of vehicle and provide written copies to LESSOR as needed. LESSEE shall make the truck available to LESSOR once per quarter, but not for more than half a day, for general inspection. Such day will be mutually agreed upon by both parties. 8. Substitute parts and trucks: The LESSEE shall, at its own expense, furnish all necessary tires, tubes and parts for the vehicle and with all necessary repair parts or substitute parts to replace any part which becomes worn, broken or otherwise incapable of efficient operation as long as the replacement parts are readily available from a normal parts distributor network. If replacement parts are not readily available, LESSEE shall continue to operate recycling program and use a replacement vehicle while waiting for parts. The LESSEE shall furnish a temporary replacement vehicle to replace any truck which becomes incapable of proper operation and which cannot be repaired or restored to good running order within two (2) days. Any such vehicle while in the service of the LESSEE shall be subject to all of the terms of this agreement. 2 9. Indemnification • The LESSEE hereby assumes the risk of loss and/or injury to property and/or persons arising directly or indirectly from the performance of any of its obligations under this Agreement and further agrees to indemnify and hold harmless LESSOR, its officers, agents, and employees from and against any and all claims, liabilities, demands, suits, costs or expenses, including, but not limited to, expenses of litigation and attorney's fees arising from any such claims, loss or injury, or claims, loss or injury arising out of LESSEE's use of the recycling truck. Without limiting the foregoing, the indemnity provided herein shall specifically include any claim against LESSOR arising out of LESSEE's performance of this agreement arising out of any environmental law. This indemnification shall continue beyond the term of this agreement for claims arising as a result of this agreement. LESSOR shall notify LESSEE of such claims, liabilities, demands and suits no later than sixty (60) days after LESSOR's receipt of claim. 10. Insurance: LESSEE shall maintain in force at its own expense, throughout the term of this agreement, insurance as follows: 10.1 GENERAL: LESSEE shall not commence work under this Agreement until it has obtained all the insurance required under this Agreement, and such insurance has been approved by the LESSOR. LESSEE shall be responsible for delivering to LESSOR the Certificate of Insurance for approval. LESSEE shall name the City of Tamarac as an additional named insured on the Certificate of Insurance. LESSEE'S insurance policies shall be primary to any insurance policies carried by the LESSOR. LESSEE'S Certificate of Insurance must be attached and included in this Agreement as Attachment B. All insurance policies shall be issued by companies duly licensed to write business insurance policies in the State of Florida and rated -A- or better by A.M. Best's Key Rating Guide. Further, LESSOR shall be named as an additional named insured on all insurance policies (except Workers' Compensation). Certificates of each policy, together with a statement by the issuing company to the extent that said policy shall not be canceled without thirty (30) days prior written notice received by LESSOR, and shall be delivered to LESSOR for review and approval. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of LESSEE under the terms of this agreement. LESSEE shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for proper protection in the completion of its work. 10.2 COMPENSATION INSURANCE: LESSEE shall maintain, during the term of this Agreement and any renewals, Worker's Compensation Insurance on all of its employees to be engaged in work under this Agreement, and shall require the same from any subLESSEEs used. In the event that any class of employees engaged in hazardous work pursuant to this Agreement is not protected under the Workers' Compensation Statute, LESSEE shall prgvide adequate employer's liability insurance for the protection of employees not so protected. 3 10.3 COMMERCIAL -(COMPREHENSIVE) LIABILITY INSURANCE: LESSEE shall procure and shall maintain during the term of this CONTRACT and any renewals Public Liability and Property Damage Insurance in an amount not less than $ 1,000,000 combined single limit coverage for bodily injury, death and property damage (except automobile). Coverage A shall include premises, operations, products and completed operations, independent LESSEEs, contractual liability covering this agreement or contract, and broad form property damage coverages. Coverage B shall include personal injury. Coverage C, medical payments, is not required. Occurrence Form: The occurrence form of Commercial General Liability must be provided. Garage keeper's legal liability insurance, comprehensive form, with limits not less than $300,000 each occurrence and any deductible not to exceed $5,000. 10.4 AUTOMOBILE INSURANCE: LESSEE shall procure and maintain, during the term of this Agreement and renewals, Comprehensive Automobile Liability Insurance in • an amount not less than $1,000,000 combined single limit coverage for bodily injury, death, and property damage (automobile). 10.5 EXCESS UMBRELLA LIABILITY: LESSEE shall procure and maintain, during the term of this Agreement and any renewals, Excess Umbrella Liability Insurance in an amount not less than $1,000,000 coverage in excess of Automobile and Bodily Injury/Property Damage coverage's. 10.6 SCOPE OF INSURANCE: The insurance required under the above paragraphs shall provide adequate protection for LESSEE against damage claims which may arise from operations under this Agreement, whether such operations be by the insured or by anyone directly or indirectly employed by the insured. LESSOR shall be named an additional insured on all of LESSEE'S insurance policies provided for herein. 10.7 LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom LESSEE'S insurance and performance bonds are written shall be licensed to do business in the State of Florida and shall be represented by an agent or agents having an office located in the State of Florida. Each such agent shall be duly qualified, upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with LESSOR, or any other claimant, or any property owner who has been damaged, may have against LESSEE, insurance, and/or bonding company. The name of the agent or agents shall be set forth on all such bonds and certificates of insurance. LESSEE shall keep the required insuranc6'. in full force and effect at all times during the 12 term of this CONTRACT, and any renewals thereof prior to the commencement of this Agreement. 0 LESSEE shall furnish to LESSOR a Certificate of Insurance on a form and approved by LESSOR, evidencing LESSEE has obtained the required insurance coverage. At the request of LESSOR the original policy shall be provided for inspection. All policies must provide that they may not be changed or cancelled by the insurer in less than thirty (30) days after LESSOR has received written notice of such change or cancellation. Such insurance amounts may be reviewed upward at LESSOR'S request, and LESSEE shall revise such amounts within thirty (30) days after receipt of such request. 11. NOTICE: Whenever either party desires or is required under this agreement to give notice to any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended at that party's last specified address, and such address shall remain the same until written notice of any change in address is received by either party from the other, at which point, such new address shall become the last specified address. For the present, the parties designate the following as the current addresses for giving notice: LESSOR: With a Copy to: City Manager Public Works Director 7525 NW 88th Avenue 6011 Nob Hill Road Tamarac, FL 33321 Tamarac, FL 33321 and City Attorney 7525 NW 88th Avenue Tamarac, FL 33321 LESSEE: Mr. John Ferguson, Vice -President Mr. Harold Carter, Vice -President All Service Refuse Company, Inc. All Service Refuse Company, Inc. 751 NW 31 Avenue 751 NW 31 Avenue Fort Lauderdale, FL 33311 Fort Lauderdale, FL 33311 12. Truck Designs. The LESSEE shall have the right to place and maintain its name and logo on the truck. LESSOR shall first approve any other advertising, slogans or designs. • • 11 13. Assignment: Neither party shall assign, transfer, convey or otherwise modify this agreement or its rights, duties or obligations hereunder or any part thereof without the prior written consent of the other. 14. Headings: Headings in this agreement are for convenience only and shall not be used to interpret or construe its provisions. 15. Governing law: This agreement shall be construed in accordance with and governed by the laws of the state of Florida. Venue for any legal action brought pursuant to this agreement shall be set in Broward County. 16. B ag effect: The provisions of this agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the Date first above written. LESSOR: CITY OF TAMARAC '6 C " oe chreiber, Mayor y Robert S. Noe, Jr., City Manager ATTEST: i, -�L- Carol Gold, CMC/AAE City Clerk Date: �Ll�l L Date: ( 6-il9 �^ t: Approved as to form and legal sufficiency: Mitchell S. Kraft, City A rney LESSEE: Al a Refuse Company, Inc. Corpor to S eta ��-� ,J � Type/Print Name (Corporate Seal) jf;ci-Pres dent Type/Print Name Date: • C] rl • 0 ATTACHMENT A 1999 International Navistar, model 4700, equipped with a G & S Products body, model GS5732D. Load capacity: Loading mechanism Axles: Cab Color V.I.N. Body s/n 32 cubic yards 4 — 96-gallon recycling carts per side Auto -locking 2 Fountaine right hand converted Brown body with yellow cab #1 HTSCAAN6XH686043 #GS532213D99 ATTACHMENT B (insurance certificate from LESSEE) • CORD[� :..[. ] :: IFI 1 �.r AwfaA,i/?/�lwiTAN E .:: ": a ..:.:••..::•: •:::,.<•::::•;.:.. .. ::•::............... ....:....:. :.:.......29469 :..::. .... DATE(MMIDDI/Y) 1.lUN-1999 ill,$ PRODUCER Willis Corroon Corporation of South Carolina One Insignia Financial laze, Suite 900 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. WBox 2007 eenville SC 29601 COMPANIES AFFORDING COVERAGE (864) 232-9999 COMPANY National Union Fire Insurance Company of Pitt Mary Ellen Lindsay A INSURED COMPANY Liberty Mutual Insurance Company 8 COMPANY All Service Refuse Co., Inc. 751 NW 31 Avenue C COMPANY Ft. Lauderdale FL 33311 D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMJDDft-n POLICY EXPIRATION DATE (MMJpp/1/Y) LIMITS A GENERAL LIABILITY RMGL6121655 30JUN-1998 30-JUN-1999 GENERALAGGREGATE Is 1.000.0001 X COMMERCIALGENERALLIABILITY CLAIMS MADE FX7 OCCUR PRODUCTS-COMPOPAGG $ 1.000.0001 PERSONAL& ADV INJURY '$ 1.000,000 1 EACH OCCURRENCE 1.000.000 OWNER'S& CONTRACTOR'SPROT ARE DAMAGE (Any one fire i 1 MED EXP (AnX one A AUTOMOBILE X LIABILITY ANY AUTO RMCA3208875 30JUN-1998 31-DEC-1999 COMBINED SINGLE LIMIT j $ 1.000.000 1 BODILYINJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X X BODILY INJURY (Per accident) $ PROPERTY DAMAGE i s A GARAGE LIABILITY RMCA3208876 30JUN-1998 31-DEC-1999 AUTOONLY-EAACCIDENT I s 1,000.000 X ANY AUTO OTHER THAN AUTO ONLY: I EACH ACCIDENT 1 $ 1,000,000 AGGREGATE A EXCESS LIABILITY BE3574033 30JUN-1998 30JUN-1999 EACH OCCURRENCE 4.000.000 X UMBRELLA FORM AGGREGATE S 4.000,000 OTHER THAN UMBRELLA FOHM B B WORKERS COMPENSATION AND EMPLAYERIETOR/ILnY THE PROPRIETOR/ A2C5DO04207018 C2C51004207028 30JUN-1998 30JUN-1998 30JUN-1999 30JUN-1999 WC SYTATU OTH R 3 FA EL EACH ACCIDENT 1 $ 1.000.000 EL DISEASE -POLICY LIMIT 1 $ 1,000,000 PARTNERSIEXECUTIVE RINCL OFFICERS ARE: EXCL EL DISEASE EA EMPLOYEE II 1.000.000 OTHER DESCRIPTION OF OPERATIONSJLOCATIONSIVEHK LESJSPECIAL ITEMS SEE ATTACHED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE v EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Tamarac, Public Works Director BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 6011 Nab Fill Road OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. Tamarac FL 33321 AUTHC)PIRED REPRESENTATW I , j . . . :.:.:. ISSUE DATE (MM/OD/YV:::::::::::: ::►:E x:�UN-1999 caRRNWILLIS :�i::: INSURED All Service Refuse Co., Inc. 751 NW 31 Avenue Ft. Lauderdale FL 33311 PRODUCER Willis Corroon Corporation of South Carolina One Insignia Financial Plaza, Suite 900 P.O. Box 2007 Greenville SC 29601 (864) 232-9999 Mary Ellen Lindsey THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD'. INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS. ATION TYPE OF INSURANCE I POLICY NUMBER I Pn�u�nmm1E I PnaArUPlnn YNn I LIMITS DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS SPECIAL CONDITIONS AS RESPECTS GENERAL AND AUTOMOBILE LIABILITY: It is further agreed that such insurance as is afforded City of Tamarac shall be primary and non-contributory with any other insurance in force for or which may be purchased by City of Tamarac. It is agreed that the City of Tamarac and the City Manager are included as an Additional Insured in regards to General. Automobile and Umbrella Liability but solely as respects all work performed and vehicles used by or on behalf of the Named Insured. City of Tamarac, Public Works Director 6011 Nob Fill Road Tamarac FL 33321 • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO -0---- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABNJTY ANY KIND OR