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Home My WebLink AboutCity of Tamarac Resolution R-1974-105This Resolution was introduced -by 0 Temp. #256 n 75. 23835 CITY OF TAMARAC, FLORIDA RESOLUTION NO. — /oS A RESOLUTION AUTHORIZING THE FRANCHISING OF TWO -STAR INC. 'tr WHEREAS, the Charter of the City of Tamarac and City Ordinance Number 74-37 authorizes the City to enter franchise agreements with° garbage and trash collectors. c� NOW, THEREFORE, HE IT RESOLVED BY -THE CITY COUNCIL OF THE CITY n� OF TAMARAC, FLORIDA: .» to . tel: SECTION 1: That the City is authorized to enter a franchise agreement for collection of garbage with Two -Star INC. SECTION 2: That the Mayor and the City Manager are hereby authorized to execute said franchise agreement as set forth in Exhibit A attached hereto. PASSED, ADOPTED AND APPROVED this �(' day / 6 of�f�"�' %q% ATTEST: t:1,ERK I.."_-E$TIFY that I have approVia the form and correctness of this Resolution. CITY ATTOR RECORD OF COUNCIL VOTE M . D. JOHNSON I VM - 0. TUCKER I C/W E. LANGE C/W H. MASSARO _71 I 2 C M M- GLICKSMAN A m-n O'n FRANCHISE AGREEMENT Vl$ AGREEMM made and entered 3.nto in duplicate, this �� _ �� -w dad' of �� ,l f". , ,q.�e�=�sy and betWe�:.13 the City of Tamarac, Broward County, Florida., a Lqunici.pality organized and existing endear the lags of txse State: of- Florida, herein- after called the 9°Ci.ty"; and _�'��ro. , q .° l_t'c; a-corpor- ation organized and existing under the laws of the. State of Florida, hereinafter called the "Collector". WHEREAS, the City desires to provide an efficient method of refuse collection within the limits of the MY; s and WHEREAS, the collector is desirous of collecting refuses in accordance with the provisions of Ordi.nance:. No. __' -3-7 City of Tamarac, NUd, THEREFORE, in consideration of the €onvenanta herein contained it is rautual.ly agreed as follows: 1. The City hereby grants unto the Collector, its successors and assigns, the might 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 col- lecting garbage and trash of the sausi.r.:esses and other enterprises re- quiring such services within the owniciPal limits Of the City. 2. The rate to be charged shall be a matter of negotiation be- tween the collector and the customer served and shall he dependant 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 Col- lector fail. 3. The collector shall bill ail- customers directly on an indi- P-s; vi.dua,l basis,which billing shall be in advance on a quarterly basis c� unless the customer elects to pay on a :Ionth%y basis. i 4. The Collector agrees to o ick up all garbage through the use of modern packer type trucks and to dispose of all material_ collected in an area beyond the limits of the munic.iapli.ty in dis- posal sites approved by the governgiental rgencles hn•.: irig jurisdiction of the area in which the site is located, S . The Collector agrees to pay unto the: City, in return for the use of the streets, alleys, bridges, e .C.s-_m ntn, and other public paces thereof, pursuant to this Agreement::, a sum of money equal to ten per cent (10%) of the gross billings from all ac:counta served within the limits of the municipality. the aforesaid. asap''mtints Shall be made on or before the tenth (10th.) day of each month beginning ,janiiarv_ 197:D- , based upon monthly collections, 6. The Collector agrees to provide to the City a monthly accounting, as wwell as a yearly audit, and agrees to perm? t: the City or its :t' or- ized agents to inspect its records respe:ctin the accounts within the City. at any reasonable time. i. The Collector agrees to maintain liability insurance on al equipment operated in t.heCity for I>odflly in --i y and property damage in amounts not less than, 250,000 00,000 Dollars for bodily injury in any one accident, the former figure i:or acct.—dents involving moree than one person.; and property damage insurance in an :mount of not less than. Twenty- five niousand Dollars ($25, 00.60) for one;. accident. Further, the Col- lector agrees to provideWorkmen's Compensation .'A;sur-ante for its er -- ployees in the form and &mo.a:nt as prescribed by law. The aforesaid lia- bility insurance shall include a ten (10) claw notice of cancellation in, favor of the City. The Collector: :agrees to fearnisfz to tx e. City a copy of the aforesaid insurance policies. The City shall be an additional n&med insured in such policies, B. To guarantee pc:rl'c nnance by the Collector under this _�,greemerktM, the Collector agrees to port w7it, the City � a��' ��y i:� cash n or the estimated amaunt of franchise fees for a three (3) month period, ..a. whichever vum is greater:. Such -iim s may be applied by t1he City to any da— c'zz fault by the Collector ctor in the perfnriamance^ of this Wa t r ac* . Upon the ccs,::- pl,etion of the terra of this agreeine.nt and compliance vith all terrr=s w-id 00 conditions hereof, Colle---tor ahall 1;e entitled to the return of such bond. -2- A 9. The City- reserves t'he ri.Oat to to-ndi naze this Agzeemer_t at any time whenever the service. provided by the Collector fails to meet reasonable straada.rd.s of the. t:r.a.de. after the City gives written n.oti.c.e to the. Collector of the de.f _cienci.e:s in service and, the Collector fails to correct the deficleacies as set fart: Ln the written ItQ'Cice within f[3ta^teezt 7C �daysdix Q the:. cei'p%yy:� LyQ? lector of sawch notice from the C1.ty- . 10n This Agreemernt shall be binding upon the parties hereto, their successors and assigns zeal shall be for a period of iy!nar beginning c�C . 31, 1.974 and f_nd i.ng ;fie c li . ColIector 6hall indeinnify and gave han- e:ss the City s rom and against any and all claims, suits, Factions, damages,or causes of action arising during the tert, of: this Agreement, for any personal in. - jury, loss of life., or daxiage to property arising directly or i-adirect?y from its operations pursuant to this Agreement and from and ag.ait st all costs, counsel lees, experases and li.abIlities incurred in and :aboiL t ary such claim, the investigation thereof, or the defense of any action or proceedings Draught thereon, and from and against any orders or Judgments which may be entered. therein, `_Phe City shall notify the Collector within. tern (20) days of receipt by the City of any .claim, suit or actio-n against the City arising diirectly or indirectly from the operations of the Col- lector hereunder, for which the Ca.wy might be entitled to a :lair, against the Collector, under the provisions of this Agreement y The Collector shall also be liable to the City for all costs, e-%Pezanfies, attorneys fees and damages which may 'be incurred or sust ai.b ed by the City by reason of the Collector's bre'ach of any of the provisions of this Agreement. 12. This Agreemeat may not: he assigned by the Collector without the prior approval of the City and in granting or denying such approval, the City shalt be satisfied that the service to be rendered by aray such assignee shall be equal to or greater than the service being rendered by the Collector hereunder, 'No such assign -me nt shall rali eve the Col.- i lector of its datie:s and obligations under this Agreement - IN WITNESS WHEREOF, the parries hereto affix their haxids and seems the clay and year first :above wt ittan. h. ATTUT. cl #I s E c AE. TA —AY I f."TEN' MWISLkG-PA law 16 FRE�IDF,Nne/ PrR(INCIP FICER U111*1 gf,C�MED IN `li�, Ofrh'W; PUZR&S 900K R, TAUTF. Zo M