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hereby repealed to the extent of such conflict.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.
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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