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HomeMy WebLinkAboutCity of Tamarac Resolution R-90-153Temp. Reso. #5808 CITY OF TAMARAC, FLORIDA 1 2 WA 13 14 5 6 7 8 2 3 4 5 6 7 B 9 0 III 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 .1 -9a-IS3 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. .1 . f�-9b-iS3 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 -2- 40 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 -3- 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: — 4 — 9v-IS3 ATTEST: CITY OF TAMARAC -y B3 City Clerk GAtVo4 .4, ✓.DNS ATTEST: g-9b- rS3 SOUTHERN SANITATION SERVICE, a Division'of WASTE MANAGEMENT, INC. of FLORIDA, Lessee By: Q-90— fS3 t 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. r wawswitwm STATE OF FLORIDA j -� WASTE MANAGEMEKY INC CPS FLORZOA to 14 a 353L Nw 2i AVE POMPANO SCK FL 33073-3002 MOTOR 0llOil�fi0 AmWn aV1 dti! TM[OYrMi11L�11M�frtDC14ICtAt INITYICA 17T1.a YC1 F011 SQO maven wjbq eNlriC.4 O/ ma wi'Ma-e TAWAP04M 16"-f ANG M�%b1"C�IIJvows" a� 1"'""Tl' 825286042 e,Q w°nei&`' R Pas* lof2 *1AR 4 ' 9C :1: cc P , 4. 4 EXHIBIT A . 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