HomeMy WebLinkAboutCity of Tamarac Resolution R-71-061CITY OF TAMARAC, FLORIDA
RESOLUTION NO
` A RESOLUTION AUTHORIZING THE FRANCHISING OF
C MMERCIAL GARBAGE AND TRASH COLLECTORS;
REQUIRING THE PAYMENT OF FRANCHISE FEES TO
THE CITY OF TAMARAC; REGULATING THE ACTIVIT-
IES OF SUCH COLLECTORS; AND, PROHIBITING
THE LICENSING OF NON -FRANCHISED FIRMS.
VaEREA.S, the Council has heretofore granted a non-exclusive
franchise to BROWARD REFUSE COMPANY, INC, for the collection from both.
residential and non-residential garbage and trash accounts, and,
WHEREAS, it appears that there are one or more other persons,
firms or corporations collecting garbage and trash from commercial
accounts in the City and it is in the best interest of the health,
safety and welfare of the inhabitants of the City to regulate the
activities of such firms through the use of franchise agreements,
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 'TAMARAC;
SECTION 1: No license shall be issued for the collection of
garbage and trash in the City of Tamarac, except pursuant to the
provisions of this Resolution.
SECTION 2: Any person, firm or corporation desiring to
engage in the business of collecting garbage and trash from commercial
accounts in the City shall before commencing in or soliciting such
business enter into a franchise agreement with the City of Tamarac.
SECTION 3: Such franchise agreements shall contain the follow-
ing provision:
The City hereby grants unto the Collector, its
successors and assigns, the right and privilege to oper-
ate a garbage and trash collection system in, upon, over
and across the present and future streets, alleys, bridges,
easements and other public places of the City of Tamarac,
Broward County, Florida, for the purpose of collecting
grabage and trash of the business and other non-residential
enterprises requiring such services within the municipal
limits of the City.
SECTION 4: Such franchise agreement shall also contain language
substantially similar to the provisions of paragraphs 3., 4., 5.1
6., 7., 9., 11., 12., 14., and 15. of the agreement between the City
of Tamarac and Broward Refuse Company, Inc., dated August 11, 1971,
a copy of which is attached hereto and made a part hereof by reference.
SECTION 5: That such collector shall also be required to put
up a bond for the faithful performance of its agreement equal to
$250.00 or the estimated cnnount of franchise fees for a 3 month
period, whichever s= is greater, on the terms and conditions set
forth in paragraph 10. of the attached agreement.
SECTION 6: That such collector shall not use residential
streets of the City where its accounts can be reasonably serviced
through the use of thoroughfares.
SECTION 7: That where a person, firm or corporation is engaged,
through the use of specialized equipment, exclusively in the collection
of waste paper, cardboard and trash for the purpose of re -cycling
such items into useable materials or products, such firm may be
excused from the provisions of this Resolution and be granted an
occupational license for such purpose upon the filing of an affidavit
that it qualifies for such exception, in a form approved by the
City Attorney, and upon the payment to the City of an annual occup—
ational license fee in the stun of $ W . 00 or 10% of the gross b i_ 1. l i* n g s
within the city which ever is greater.
SECTION 8: The City Manager may grant temporary operating
permits for not more than sixty (60) days from date hereof to
enable persons, firms or corporations doing business in the City
to negotiate franchise agreements as aforesaid.
tASSED, ADOPTED AND APPROVED this day of 1971.
MAYOR
ATTEST:
CITY
I HEFF'4Y CE�tT IFY that I have
2pproved we form and correctness
or` thls Resol-i�on
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RECCI D OF COUNCIL VOTE
vT'Itrn an
Culm0man `S-C 'ialtz
Councilman Zarcane
—2—
AGREEMENT
THIS AGREII =, made and entered into in duplicate this
day of A.D., 1971, by and between the CITY OF
TP,MARAC, Broward County, Florida, a municipality organized and
existing under the laws of the State of Florida, hereinafter called
the "City", and BROWARD REFUSE COMPANY, INC., a corporation organized
and existing under the laws of the State of Florida, doing business
as ALL SERVICE REFUSE COMPANY -DIVISION C, hereinafter called the
'Collector."
WHEREAS, Lne City desires to provide for the residents of the
City of Tamarac an efficient and modern collection system for the
garbage accumulation with the City; and
6ET;REAS, the Collector has proposed a method of collection and
disposal -o�ich the Council of the City of Tamarac deems acceptable
and to the general betterment of the interests of the City, with the
additional provison of income to the City; and
wHERFA.S, the City has heretofore entered into an agreement
with the Collector dated rbrch 28, 1969, the terms of which are
no longer wholly satisfactory to the parties; and
vffM,P AS, the Collector is indebted to the City for franchise
1 nes 1:3_iid the parties pare desiz-eous in making arrangements for the
}>avmeriL fliereol.
NOW, THEREFORE, in consideration of the covenants herein
contained, it is mutually covenanted and agreed as follows:
1. The City hereby grants unto the Collector, its successors
and assigns, the right and privilege to operate a garbage and trash
collection system in, upon, over and across the present and. future
streets, alleys, bridges, easements and other public places of the
City of Tamarac, Broward County, Florida, for the purpose of
collecting garbage and trash of the residents, inhabitants, businesses
and other entities requiring garbage collection and existing within
the municipal limits of the City.
2. Zhe Collector agrees to collect from each residential
unit located within the City, at least twice weekly, on a regular
established route, two twenty --gallon containers of garbage and/or
trash whereever located on the premises where such residential unit
is situate, provided said containers are not placed within a
carport, utility room or other enclosure. The trash may be placed
either in the twenty -gallon containers or at the curb provided,
however, the total amount of garbage and trash shall not exceed the
equivalent of two twenty -gallon containers. The Collector shall
charge for such services to each residential unit the sum of $3.75
per month. In the event the residential unit shall require or
desire an additional twenty -gallon container of garbage, grass or
other refuse to be collected from said unit, there shall be a
charge of $1.40 per month for the first additional container and
$1.00 for each additional container. The intent of the foregoing
is that the Collector shall, for the $3.75 charge, collect a volume
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of garbage and/or trash not to exceed the contents of two twenty -
gallon containers and to charge additional rate for such additional
containers as may be required. All trash, grass or other -refuse
shall be placed in containers, which containers shall be placed
at curb sieie for pickup.
:3. P'or_ business and camm2rcial accounts, the rate charged
shall be a matter of negotiation between the Collector and the
customer served, and shall be dependent upon the amount of service
required by the customer. In such cases, all rates to be charged
shall be subject to arbitration by the Council of the City, in
the event such negotiation between customer and collector fail.
4. The Collector shall bill all customers directly on an
individual basis, which billing shall be in advance on a quarterly
basis unless the customer elects to pay on a monthly basis.
5. The Collector agrees to pick up all garbage through the
use of modern packer type trucks and to dispose of the material
collected in an area beyond the limits of the municipality in
disposal sites approved by the governmental agencies having
jurisdiction of the cLrea in \;fhich the site is located.
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10. To guarantee performance by the Collector under this
agreement the Collector agrees to post with the City $2,500.00
in cash as a performance bond for the term of this agreement.
Such sum may be applied by the City to any default by the Collector
in the performance of this contract, or in the event of the
insolvency of the Collector, to the payment of the note described in
paragraph 9. above. Upon the completion of the term of this agree-
ment and compliance \,7ith all terms and conditions hereof Collector
shall be entitled to the return of such bond. This agreement
shall also be guaranteed by the co --signers mentioned in paragraph S.
above, as to any franchise fees which may become due to the City.
11. The City reserves the right to terminate this Agreement
at any time whenever the service provided by the Collector fails
to meet reasonable standards of the trade, after the City gives
written notice to the Collector of the deficiencies in service and
the Collector fails to correct the deficiencies as set forth in
the written notice ,within fourteen (14) days of the receipt by the
Collector of such notice from the City.
12. This Agreement shall be binding upon the parties hereto,
their successors and assigns, and shall be for a period of three
(3) years, rx�gi_nning July 1, 1971, and ending June 30, 1974. The
rates sYr il.1- lx� :;Id)ject to review as of July 1, 1973 based upon
proof by the contractor, to the satisfaction of the City, of
increased cost of operations.
13. In the event of a strike of the employees of Collector,
or any other similar labor dispute which makes performance of this
contract by Collector substantially impossible, Collector agrees
that city shall have -the right to take tem�x)rary possession of the
equipment of Collector normally used to collect garbage within the
Tuni_cipal limits of the City and to operate the same until Collector
is able to resume its obligations under this contract. In the
event City elects to exercise the authority given it under this
paragraph, it shall be reimbursed, in addition to the fees provided
for hereunder, all expenses incurred by it for labor, materials
and other similar items, whether the same be direct or indirect
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incurred by it in exercising such power, such reimbursement to
be made by Collector to City upon the submission of weekly invoices
by City to it.
14. Collector shall indemnify and save harmless the City from
and against and, and all claims, suits, actions, damages, or
causes of action arising during the term of this Agreement, for any
ersonal injury, loss of life, or damage to property arising directly
or indirectly from its operations pursuant to this Agreement and
from and against all costs, counsel fees, expenses and liabilities
incurred .in and at -out any such claim, the investigation thereof,
or the defense of any action or proceedings brought thereon, and
from and against any orders or judgments which may be entered there-
in. The City shall notify the Collector within ten (10) days of
receipt by the City of any claim, suit or action against the City
arising directly or indirectly from the operations of the Collector
hereunder, for which the City rtight be entitled to a claim against
ti-e Collector, under the provisions of this Agreement. The Collector
shall also be liable to the City for all costs, expenses, attorneys
fees and damages which may be incurred or sustained by the City
by reason of the Col_lector's breach of any of the provisions of
this Agreement.
1.5. 'T'Piis Agreement may not be assigned by the Collector without
Llie prior approval of the City and in granting or denying such
approval, the City shall be satisfied that the service to be
rendered by any such assignee shall be equal to or greater than the
service being rendered by the Collector hereunder. No such
assignment shall relieve the Collector of its duties and obligations
under_ this Agreement.
15, The Collector shall continue its presently established
policy of te-Minating collection charges during periods of absence
of its.customers upon prior reasonable notice in writing to
Collector. Collector shall provide City with a written memorandum
of any such service termination, the period thereof, and the credit
given to the customer so that a similar credit can be allowed to
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BY
VICE-PRESIDENT