HomeMy WebLinkAboutCity of Tamarac Resolution R-90-153Temp. Reso. #5808
CITY OF TAMARAC, FLORIDA
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RESOLUTION NO. R-90- /53
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT
BETWEEN THE JOINT RECYCLING GROUP CITIES
OF COCONUT CREEK, LAUDERHILL, MARGATE,
NORTH LAUDERDALE AND TAMARAC AND SOUTHERN
SANITATION TO LEASE TWO RECYCLABLE MATERIALS
COLLECTION VEHICLES; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA
SECTION 1: That the appropriate City officials are
hereby authorized to execute an Agreement between the Joint
Recycling Group Cities of Coconut Creek, Lauderhill, Margate,
Lauderdale and Tamarac and Southern Sanitation pertaining to
leasing two (2) recyclable materials collection vehicles, a
copy of said agreement being attached hereto as "Exhibit 1".
SECTION 2: This resolution shall become effective upon
adoption. "I
PASSED, ADOPTED AND APPROVED THIS 13 day of ��� 1990.
ORMAN AMqAMOWITZ
MAYOR
-CAROL A. EVANSrt'
CITY CLERK
I HEREBY CERTIFY THAT I have
approved this RESOLUTION as
to form.
F. ROtr-
INTERIM CITY TT4
RECORD OF COUNCIL VOTE
MAYOR,
ABRAMOWITZ
DISTRICT 1:
C/M ROHR
DISTRICT 2:
CiM SCHUMANN
DISTRICT 3:
V/M HOFFMAN,�
DISTRICT 4:
C/M BENDER
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A G R E E M E N T
THIS AGREEMENT made and entered into this '-.Zj day of
1990, 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 SOUTHERN SANITATION SERVICE, a
division of WASTE MANAGEMENT, INC., OF FLORIDA (Lessee).
WHEREAS, on December 18th, 1.989, the Group Cities entered into an
Agreement with Lessee to provide residential curbside recycling collection
services, and
WHEREAS, 98(b) of said Agreement provides that Lessee shall purchase
two recyclable materials collection vehicles for the Group Cities and
transfer the vehicles to the Group Cities when the grant funding is
obtained from the State and/or County grants and shall thereafter lease
the two 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) Sale and Purchase. The Lessee hereby transfers and sells the two
truck vehicles described in Exhibit "A", attached hereto and made a part
hereof to the Group Cities, and the Group Cities hereby purchase said
vehicles for the amount of $ 178 265.06
3) Lease. The Lessor leases to the Lessee, the two truck vehicles
described in Exhibit "A" attached.
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4) 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.
5) Term. The term of this Lease shall be for a period of five (5)
years from date.
6) Title. The Lessor shall remain the owner of the trucks. Except
as provided in Paragraph 5, the Lessee shall acquire no right, title or
other interest in or to the vehicles other than that of a bailee for hire.
7) Termination. In the event this Agreement is terminated, then the
said vehicles shall remain the property of the Lessor. .
8) Maintenance and Re airs. 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 7 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 preventive maintenance
required to insure full validation of any manufacturer's warranty.
9) 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.
(b) The Lessee shall furnish a substitute 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
substitute vehicle, while in the service of the Lessee, shall be subject
to all of the terms of this Agreement.
10) Insurance. (a) The Lessee shall carry and maintain, at its own
expense, Comprehensive Automobile Liability Insurance covering liability
for personal injury or property damage resulting from the operation of the
trucks, in an amount of $100,000.00 for death or injury of one person,
$300,000.00 for death or injury for each occurrence, and $100,000.00 for
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property damage and umbrella coverage of not less than $2,000,000.00.
(b) The Lessee and Lessor, their agents or employees, shall
comply with all the terms and conditions of the policies of insurance,
including the immediate reporting of all accidents to the Lessor and the
Insurer, and do all things necessary or proper to protect or preserve the
other party's rights as a named insured in such policies. All policies
covering the trucks shall be endorsed to protect, as their interest may
appear, the Lessee or the Lessor.
11) Truck Desi ns. 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.
12) 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.
13) Headings. Headings in this Agreement are for convenience only
and shall not be used to interpret or construe its provisions.
14) Governing Law. This Agreement shall be construed in accordance
with and governed by the laws of the State of Florida.
15) 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.
A7EST :
City Clerk
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JOINT RECYCLING GROUP CITIES
Lessor
CITY OF COqONPT CREEK
By:
Ci anager
ATTEST:
SOUTHERN SANITATION SERVICE, a
Division of WASTE MANAGEMENT, INC.
of FLORIDA, Lessee
By:
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ATTEST:
CITY OF TAMARAC
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City Clerk GAtVo4 .4, ✓.DNS
ATTEST:
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SOUTHERN SANITATION SERVICE, a
Division'of WASTE MANAGEMENT, INC.
of FLORIDA, Lessee
By:
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EXHIBIT A
CERTIFICATE OF TITLE (including description) of
vehicle being leased by JOINT RECYCLING GROUP
CITIES to SOUTHERN SANITATION SERVICE pursuant to
Residential Curbside Recycling Agreement between
the parties dated December 18,.1989.
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EXHIBIT A
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CERTIFICATE -OF TITLE (including description) of
vehicle being leased by JOINT RECYCLING GROUP
CITIES to SOUTHERN SANITATION SERVICE pursuant to
Residential Curbside Recycling Aggreement between
the parties dated December 18, 1989.
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