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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-072k! 1 Temp. Reso. # 6y 9 <, CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93--72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC,. FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT BETWEEN THE JOINT RECYCLING GROUP CITIES AND ALL SERVICE REFUSE COMPANY, INC., FOR A VEHICLE LEASE AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE PLTE— ___ WHEREAS, the City Council of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to enter into a vehicle lease agreement with the Joint Recycling Group Cities and All Service Refuse Company, Inc. to provide residential curbside and multi -family recycling collection services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: ,SECTION 1: That the foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. ,SEQTION 2: That the appropriate City Officials are hereby authorized to execute the attached vehicle lease agreement between the Joint Recycling Group Cities and All Service Refuse Company, Inc. ,SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 11 C ■ram I Temp. Reso. #��o I SECTION,5_. This Resolution shall become effective immediately upon its passage and adoption. . PASSED, ADOPTED AND APPROVED this Q q "lay of .1993. H.L. BENDER MAYOR ATTEST: CAROL A. EVANS CITY CLERK MAYOR I HEREBY CERTIFY that I DIST 1• have approved this DIST.2: RESOLUTION as to form: � DIST.. 3, /' � - � Dts,r. 4: MITCHELIY S CITY ATI VEHICLE LEASE AGREEMENT/rkt I� RECORD OF I * 1( / 4 / /c�-+j rTel -0. N;INZ�a THIS AGREEMENT made and entered into this day of , 1993, 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, Section 11 B) of said Agreement provides that Lessee shall lease two recyclable materials collection vehicles from the Group Cities for One ($1.00) Dollar per year; and WHEREAS, the parties hereto wish to formalize the lease arrangements for said vehicles. 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 two truck vehicles 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 each 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. 40 4) Term. The term of this Lease shall be for a period expiring on December 18, 1994. 1 0 5) Title. The Lessor shall remain the owner of the trucks. Except as provided in Paragraph 4, the Lessee shall acquire no right, title or other interest in or to the vehicles other than that of a bailee for hire. 6) Termination. In the event this Agreement is terminated, then the said vehicles shall remain the property of the Lessor. 7) Maintenance and Repairs. The Lessee shall, at its own expense, provide suitable and adequate garage space and shall maintain the trucks and any vehicles which may be substituted for any of the trucks 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) Substitute Parts and Trucks. (a) The Lessee shall, at its own expense, furnish all necessary tires, tubes and parts for each 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. As contemplated by Section 15 of that certain agreement dated May 1, 1992 between the Joint Recycling Group Cities and All Service Company, Inc., the rate to contractor will increase $.03 per multi -family unit per month, as Group Cities shall be considered to only be providing two vehicles. (b) The Lessee shall furnish a temporary replacement vehicle to replace any truck which becomes incapable of proper operation and which cannot 0 be repaired or restored to good running order within two (2) days. Any such 2 19 �3 - 2c,2---. vehicle, while in the service of the Lessee, shall be subject to all of the terms of this Agreement. 9) Insurance. Throughout the term of this contract, Contractor 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 Contractor 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 Contractor. (b) GeneralLiability • Comprehensive General Liability insurance with limits not less than $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 Contractor and any subcontractor or anyone directly or indirectly employed by either of them. (c) Automotive Liability 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 Contractor and/or his subcontractors shall take out and 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. (d) Property Garagekeeper's legal liability insurance, comprehensive form, with limits not lose 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, Contractor 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 claims 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 MIM /, 53 ~ 7,,)- 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 liability. 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. (f) Subcontractor's Insurance 0 The Contractor shall require each of his Subcontractors to take out and maintain during the life of his subcontract the same insurance coverages required of the Contractor. Each Subcontractor shall furnish to the Contractor two copies of the Certificate of Insurance, and Contractor shall furnish one copy of the Certificate to the City of Coconut Creek. (g) Insurance Company and Agent All insurance policies herein required of the Contractor 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 Contractor 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 - 5 apply continuously and not be limited to normal working hours. Safety 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. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor's 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 Designs. The Lessee shall have the right to place and maintain the Lessee's name and logo on the trucks. Any other advertising, slogans or 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. 4P 6 w ATTEST: City CAerk Approved as to legal from and sufficiency: City AttgrAey 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: 46 City Clerk CAROL A. EVANS Approved as to legal fa nd sfi en 16TCMZL S. Mwij CITY A'1'I'OFC Y 4 -53 • '?a�2-- JOINT RECYCLING GROUP CITIES Lessor CITY OF COCpN= ePMK By: City Manager CITY OF LAUDERHILL By: Mayor CITY OF MARGATE By: City Manager CITY OF NORTH LAUDERDALE By: City Manager 14 f 4A Ci Manager P . TELLY i L BEhIDER MAYOR ATTEST : Z7 CityYOJ erk Approved as to legal from and sufficiency: f ! City Attqgzfey 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 Approved as to legal form and sufficiency: - 7 JOINT RECYCLING GROUP CITIES Lessor CIT By: CITY OF LAUDERHILL By: Mayor CITY OF MARGATE By: City Manager CITY OF NORTH LAUDERDALE By: City Manager CITY OF TAMARAC By: City Manager 0 m-m 4-473-2'�)- ALL SERVICE REFUSE COMPANY, INC. Lessee By: • EXHIBIT "All X J 3 - 2�2- (Page 1 of 2 NPP4 ern, 4001SH9f) MO SATISFACTORY O: OF ONMEASNIP HAVING BEfN SUBMITTED UNDER f1ECT1oN 31e73, FLORIDA STATUTES, TTftf TO THE AsOTOR VEHICLE DESCRIBED lF.I.OW. IS VESTED IN THE OWNERS) NAMED HEREIN, THIS OFFICIAL CERTIFICATE OF TITLE IS ISSUED FOR SAID MOTOR VEHICLE, IDENTIFICATION NUMBER YR. MAKE MODEL BODY WT.-IL-BHP TITLE NUMBER 1x�IxH77X8NO705994 92 PETE I IT 62723452 ODOMETER - DATE READ Rm DMV TYPE USE b 09/w5/9, t;' vT REMARKS PREV. ISSUE DATE ccno-,rTEQ - ACTUAL MILEAGE DATE OF ISSUE REGISTERED OWNER (LAST NAME FIRST) MO. I DAY I VR, 12 11 vI CITY OF COCO"NUT CPF ` K P( !3X �3J4CC7 4BCO w COQANS QD CUCOvUT CPEEK EL 33C�3-Crar37 DIVISION OF MOTOR VEHICLES TALLAHASSEE FLORIOA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES CHARLES J. BRA NTL� LEONARD R. MELLON DIRECTOR CONTROL NUMBER B 2 9 7 9 4 3 6 3 EXECUTWE DIRECTOR TRANSFER OF TITLE BY SELLER ODOMETER CERTIFICATION — F""I WW sbtg I@" rr ::gW ym rrtmW Ile wAss" 1n connection with We tnmfef of owneriMp. FrMwo to =mWk q a PrOVIC!" ■ hlee qe Wwi@ t grey melt In An** OW/or YnglbordnonL TtW It" M wrrwrrd aw mvbw to to krte Item ■7 wo amoept M ntrreG an to bm of 9 t eerrsa>Ms End Wr IIWW "hkss dssuled M r'Wby terrhrI p'. Pwdlsser; so" Pnu S. psta Sow: I/We no owt inn odwrwi r now reeds =.=.N (NO TENTHS) ❑ 1. I nerebl' certiry Put to the hest of my krwwbdpe Mr odomlAw reading erer. der fssd - - ! W go beet of my krmAsdpe net It refrels ets ret�ttt ttr errwlxd of nrNepe sn ekeeu e>t K.Iwdarrrrcyl Ymhs- amA mrsps of ow waif a dread huein, tFae%a dns oI tfr odometer SWWf rrt btddrs ❑ 2- t ItsMby aNh ptet r1M odemew rood" is net •w eotur *Crepe. Iadrr�rad;. wA zo—lDOMETEII pMCWANCY. Spne[wo of P/Mned Nerrte of Purdlsser: PurdAser: Co-Purctwser: Co-Pwchaw. Co-Serrar; (When Appkcebie) So" Dasw's Lconse Number: Auction Nama: - `T Soren. Co -seller: Tax No.: Tex Collected S: [l �s EXHIBIT "A" ✓ (Page 2 of-2) J HSMV =51 (REV.8/91) SATISFACTORY PROOF OF OWNERSHIP HAVING BEEN SUBMITTED UNDER SECTION 31923, FLORIDA STATUTES. TITLE TO THE MOTOR VEHICLE DESCRIBED BELOW IS VESTED IN THE OWNER(S) NAMED HEREIN. THIS OFFICIAL CERTIFICATE OF TITLE IS ISSUED FOR SAID MOTOR VEHICLE. IDENTIFICATION NUMBER YR. MAKE MODEL BODY WT.-L-BHP TITLE NUMBER 1XPZH77XXN0706001 92 PETE TK 11745 63642568 ODOMETER - DATE READ W DMV TYPE PVT USE 5 OG/17/92 NE REMARKS PREV. ISSUE DATE ODOMETFP - ACTUAL MILEAGE REGISTERED OWNER (LAST NAME FIRST) DATE OF ISSUE MO. I DAY ( YR. if,lifftll,Ilt,III II,III,Ittl IIIIIIII I„IHII11I,tfll CITY OF COCONUT CREEK 400 W COPANS RD COCONUT CREEK FL 33064-3273 DIVISION ' OOF/MOTOR VEHICLES TALLAHASSEE 0 FLORIDA CHARLES J. BRANTLEY DIRECTOR CONTROL NUMBER B 3 1 0 0 1 3 8 8 07'13 192 DEPARTMENT OF HIQHWAY SAFETY AND MQTDR VEHICLES LEONARD R. MELLON EXECUTIVE DIRECTOR TRANSFER OF TITLE BY SELLER ODOMETER CERTIFICATION — Fsdersl And aLte Mws Fsgldrr But you stets The ,rl'. go in conlrctw wft Bte Yemfer of ownership. F*Wfe to 0wr4"W or pr'ovWin0 s to" HONmsm my result in fines dint!/Of imPrisonmint Tin Yp is •rare~ utd oar""d w be frost hom " wo axcevt ea fd*W ee er lam of on cortarcafe and ne MMM .uada 401WOed a Wfty ewwwned to Purchaser. Soling Pr" S. Oats Sold 1/lW M" rest the womater now roads ®�®•� IND TENTHS) ❑ 1. 1 rwreby owlify that to the best of my kaowledip the odomete, feadrq Imes. dole raW ___. b 9w but d my unaAadpe ewt A retwcta tlta refwda the &mount of nWane in eaoaee of die mahwaeal (Mrne. ackm mispa ut tha Y r7aaerload hMen. taaals taw al the odomllsr MOWN blbdts O 2. I hsgpy (04" Ow " oddrrwtal reading is 1101100 setawl INMepe. wdledced:. WMNMW-0ODMETER DOCREPANCY. Signature of Pr~ Name of Purchaser; Purcraser. CO-Putchaser; C4PUrChIkS* ; Salwr. Sehor. CO-Selwr; Co.Soaor. (when AppMcade) so" Onalor-s I idMwe Number Tax No.: Tax cOaacted 5; Aactim NanN: Limnos Number. L Ob RESOLUTION NO. _93-60 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED VEHICLE LEASE AGREEMENT BETWEEN THE JOINT RECYCLING GROUP CITIES AND ALL SERVICE REFUSE COMPANY, INC.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Joint Recycling Group Cities and All Service Refuse Company, Inc. desire to enter into a vehicle lease agreement to provide residential curbside and multifamily recycling collection services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: That the City Manager is hereby authorized to execute the attached vehicle lease agreement between the Joint Recycling Group Cities and All Service Refuse Company, Inc.. Section 2: That this Resolution shall be in full force and effect immediately upon its passage and adoption. Adopted this 27th day of May 1993, on a motion by Vice. Mayor Ron Greenstein and seconded by Commissioner Sam Goldsmith Ayes __ ,5 Nays 0 Absent or Abstaining 0 Abe Niss, Mayor Attest: ))) N i s s Aye_ Greenstein Aye T Angeli A. Bender, CMC/AAE Goldsmith Aye City Clerk Gerber ..Aye 7e (RES.JGC) Waldman Aye CITY OF TAMARAC 7525 Northwest 88 Avenue Tamarac, Florida 33321-2401 July 13, 1993 Steve Mcgee, Administrator of Group Cities City of Coconut Creek Office of the City Manager 4800 West Copans Road P.O. Box 63/33063 Coconut Creek, Florida 33063 Phone (305) 722-5900 Fax (305) 722-4509 Re: Vehicle Lease Agreement between Joint Group Cities and All Service Refuse Company, Inc. Dear Mr. Mcgee: Please find enclosed one (1) complete original agreement and two (2) original signature pages for the above referenced project. Also, enclosed is a copy of City of Tamarac Resolution No. R-93-72. Upon execution by the Joint Group Cities, please send me one (1) fully executed agreement. We appreciated you assistance in expediting this matter. Sincerely, arol A. Evans City Clerk L /ew Enclosures THE CITY OF TAMARAC 15 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAPPED STATUS