HomeMy WebLinkAboutCity of Tamarac Resolution R-94-06904
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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
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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conflict herewith are hereby repealed to the extent of suc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.
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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.
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(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
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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
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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
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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
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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