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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-06904 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 29 30 31 32 33 34 35 1 Temp. Reso. # �6 I CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AMENDMENT TO THE JOINT GROUP CITIES RECYCLING AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALL SERVICE REFUSE COMPANY, INC. FOR MULTI -FAMILY AND SINGLE-FAMILY RECYCLING SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PRQ=ING FOR A WHEREAS, on May 1, 1992, the Joint Recycling Group Citief (Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac) entered into an Agreement with All Service Refuse Company, Inc. tc provide residential curbside and multi -family recycling collectior services; and WHEREAS, on May 27, 1993, the Joint Recycling Group Cities entered into a lease agreement for two (2) recycling collectior vehicles; and WHEREAS, Section II(b) of the May 27, 1993 Agreement provides that All Service Refuse shall lease any additional collectior, vehicles from the Group Cities on the same terms and conditions; and WHEREAS, the Joint Recycling Group Cities has received on (1) additional recycling truck through Broward County Year 5 Gran Funds; and WHEREAS, the Joint Recycling Group Cities has prepared th lease agreement with All Service Refuse to include the utilizatio of one additional recycling truck; and WHEREAS, it is the recommendation of the City Manager tha this request be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses ar hereby ratified and confirmed as being true and correct and ar 1 2 3 G! 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 27 28 29 30 31 32 33 34 35 2 Temp. Reso. # �_ 9 hereby made a specific part of this Resolution. SECTION 2: That the City Manager is hereby authorized t execute the Amendment to the Joint Group Cities Recyclin Agreement-, a copy of said Agreement being attached hereto a Exhibit "A". SECTION ._3: All resolutions or parts of resolutions i conflict herewith are hereby repealed to the extent of suc conflict. SECTION 4: If any clause, section, other part o application of this Resolution is held by any court of competen jurisdiction to be unconstitutional or invalid, in part o application, it shall not affect the validity of the remainin portions or applications of this Resolution. SECTION 5: This Resolution shall become effectiv immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this H day of 1994. NORMAN ABRAMOWI MAYOR ATTEST: I HEREBY CERTIFY that I have approved this RESbLMION as to form. TCHELL S CITY ATT (Amendment -All Service/Jt. Cities/rkt) RECORD OF COUNCIL MAYOR ABRAf A ,!fi'I'Z .._.c DIET. 1: V / k4 KAT,,f ..�.�/ DI�s 1 . P' / k�l a1yiEb ., . ...., . E AGREEMENT THIS AGREE"TENT made and entered into this day of 1994, between JOINT RECYCLING GROUP CITIES, to wit: the CITY OF COCONUT CREEK. the CITY OF LAUDERHILL, the CITY OF MARGATE, the CITY OF NORTH LAUDERDALE and the CITY OF TAMARAC, hereinafter referred to as Group Cities (Lessor) and ALL SERVICE REFUSE COMPANY, INC. (Lessee). WHEREAS, on May 1, 1992, the Group Cities entered into an Agreement with Lessee to provide residential curbside and multifamily recycling collection services; and • WHEREAS, on May 27, 1993, Group Cities entered into a lease agreement for two (2) recycling collection vehicles; and WHEREAS, Section 11 B) of said Agreement provides that Lessee shall lease any additional collection vehicles from the Group Cities on the same terms and i, conditions; and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties hereto agree as follows: 1) Incorporation. That the foregoing recitations are true and correct and are incorporated into the terms of this Agreement, 2) Lease. The Lessor leases to the Lessee, the truck vehicle described in Exhibit "A" attached. 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. The first payment shall be made on the signing of this Agreement, the receipt of which is hereby acknowledged, and each succeeding payment shall be made annually in advance. 4) Term, The term of this Lease shall be for a period expiring on December 18, 1994. e-�Y-61 - 5) Title. The Lessor shall remain the owner of the truck. Except as provided in Paragraph 4, the 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. 7) `ta' tenance and Re airs. 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 in Paragraph 8 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. 8) S stitute Parts -and Trucks. (a) The Lessee shall, at its own expense, furnish all necessary tires, tubes and parts for the truck 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 distribution network. If replacement parts are not readily available, contractor shall continue to service program. (b) 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 t* terms of this Agreement. - 2 - 9) Insurances Throughout the term or this contract, LeSs ee shall maintain in force at his own expense, insurance as Follows: (a) Worker's Compensation Worker's Compensation insurance, with statutory limits, including coverage for Employer's Liability, with limits not less than $100,000 each accident, $100,000 each disease, and $500,000 aggregate disease. In the case of any work sublet, the Lessee shall require the subcontractor similarly to provide the statutory Worker's Compensation and Employer's Liability insurance with the same limits as those required above the Lessee. • (b) General Liability Comprehensive General Liability insurance with limits not less Chan $500,000 each occurrence combined single limit for Bodily Injury and Property Damage including coverage for contractual liability, personal injury, broad form property damage, products and completed operations. These coverages are required by the Lessee and any subcontractor or anyone directly or indirectly employed by either of them. (c) Automotive Liabilitv Comprehensive or Business Automobile Liability insurance with limits not less than $500,000 each occurrence combined single limit for Bodily Injury and Property Damage including coverages for owned, hired, and non -owned vehicles as applicable. The Lessee and/or his subcontractors shall take out and 19 maintain these coverages as shall protect him against claims for damages resulting from bodily injury, including wrongful death, and property damage which may arise from the operations of any owned, hired, or non -owned automobiles and/or equipment used by him in any capacity in connection with the carrying out of this contract. - 3 - (d) Pronerty Garagekeeper's legal liability insurance, comprehensive form, with limits not less than $190,000 each occurrence and any deductible not to exceed $5,000. (e) General Should any of the required insurance be provided under a claims -made form, Lessee shall maintain such coverage continuously throughout the term of this contract, and, without lapse, for a period of five (5) years beyond the contract expiration, to the effect that, should occurrences during the contract term give rise to claims made after expiration of the contract, such claim* shall be covered by such claims -made policies. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit and provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence limits specified above. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the Cities receive satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. if insurance is not reinstated, Cities may, at their sole option, terminate this agreement effective on the date of such lapse of insurance. Liability policies shall be endorsed to provide the following: 1 - Name as additional insured the Cities of Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac their Officers, Agents, Employees and Members of Commissions 2 - That such insurance is primary to any other insurance available to the additional insureds with respect to claims covered under the policy and 4 0 that insurance applies separately to each insured against whom claims is made or suit is brought, but the inclusion of more than one insured shall not operate to increase the insurer's limit of liabilitv. All policies shall be endorsed to provide thirty days prior written notice of cancellation, non -renewal, or reduction in coverage or limits to: City of Coconut Creek 4800 West Copans Road Post Office Box 63/4007 Coconut Creek, FL 33063 Before commencement of the term of this contract, certificates of insurance, in form and with insurers acceptable to the Cities evidencing all required insurance, shall be furnished to the City of Coconut Creek with complete copies of policies to the City of Coconut Creek promptly upon request. M Subs oncraccor's Insurance The Lessee shall require each of his Subcontractors to take out and maintain during the life of his subcontract the same insurance coverages required of the Lessee Each Subcontractor shall furnish to the Lessee two copies of the Certificate of Insurance, and Lessee shall furnish one copy of the Certificate to the City of Coconut Creek. (g) Insurance Companv and A_eennc All insurance policies herein required of the Lessee shall be written by a company with a Best's rating of B + V or better and duly authorized and licensed to do business in the State of Florida and be executed by same agents, thereof, duly licensed as agents in said state. (h) Safety The Lessee shall be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property during performance of the work. The requirement shall - 3 - At apply continuously and not be Limited to normal working hours. Safetv provisions shall conform to U.S. Department of Labor (OSHA), Florida Department of Labor (DOL), and all other applicable Federal, State, County, and local laws, ordinances, codes, and regulations. '+'here any of these are in conflict, the more stringent requirement shall be followed. The Lessee I failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth therein. 10) Truck D-esigns. The Lessee shall have the right to place and maintain the Lessee's name and logo on the truck. Any ocher advertising, slogans 90 designs shall first be approved by the Joint City Recycling Group. 11) 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. 12) Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 13) Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 14) Binding 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 executed this Agreement on the date first above written. 0 - 6 - C� 41 e- 9 1/- 6 f. JOINT RECYCLING GROUP CITIES Lessor ATTEST: CITY OF COCONUT CREEK City Clerk Approved as to legal from and sufficiency: City Attorney ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney ATTEST. City Clerk Approved as to legal form and sufficiency: City Attorney ATTEST: City Clerk-' asuA'luroved as to legal form and i ienc By: City Manager CITY OF LAUDERHILL By: Mayor CITY OF MARGATE By: City Manager CITY OF NORTH LAUDERDALE By: City Manager CI OF TAMARAC B N-ft— City Manager - 7 - UuINT GROUP CITIES RECYCLING VEHICLE LEASE AGRE.__.ENT ALL SERVICE REFUSE COMPANY, INC. Lessee J By: . 8 L LI EMIBIT 'A' 1994 Peterbilt 320 equipped with a Labrie TS2000, 37.5 cubic yard recycler with the following options: - Maximizer partition Auto locking cart dumpers For 4/90 gallon carts Rear joystick controls Flashing warning lights Work lights 0 - Rear mount strobe light V.I.N. if 1XFZH77XIRD707530 Body s/n # TSLRILM94TTI