Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-1974-073This Resolution was in roduced by 1 CITY OF TAMARAC, FLORIDA Temp. #229 / 5— 23834 RESOLUTION NO. !% A RESOLUTION AWARDING A CONTRACT FOR RESIDENTIAL GARBAGE AND TRASH COLLECTION FOR THE CITY OF TAMARAC Jrs&' c#pA~y' j� cs+ TO Og—l1�"IM1213 it � _ WHEREAS, pursuant to the Charter of the City of Tamarac, C' -v advertisement for invitation to bid has been placed, and WHEREAS, pursuant to said invitation bids have been •- cn received for the contract for garbage and trash collection, and ` WHEREAS, the City Council is now desirous of awarding said bid. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA. SECTION l: That the bid of 680Mti LVs& Q qe rr � ,� Sar�evtGe� t/tr for the sum of it3,'ZS per month for residential garbage and trash collection service for the City of Tamarac is hereby accepted. SECTION 2: That the Mayor and City Manager are hereby authorized to execute the agreement evidencing the award of this bid as set forth in Exhibit "A" attached hereto. PASSED, ADOPTED AND APPROVED this (?Aday of 1974. ATTEST: CITY L ".......— I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. let M n r)-n RECORD OF COUNCIL VOTE M - D. JOHNSON I �� a VM S '' C.a EEJO'. C/I n c> C/W H. MASSA1;0 _. c© C/M M. GLICKSMAN I �a A G R E E M E aka' T THIS AGREEMENT, entered Into this day of November, 197431 by and between the City of Tamarac, a Municipal corporation, existing under the laws of the State of Florida, hereinafter referred to as I;C-ITV, and Broward .Refuse, Inc., d/b/a All Service Refuse Company, Division C, a Florida corporation, here- inafter called t1COLLEG LOR." . W I T N E S S E T H WHEREAS, the City desires to provide to the residents of the City of Tamarac an efficient and modern collection system for garbage accumulation within the City; and WHEREAS, the City has advertised for and received bids for garbage and trash collection, service; and WHEREAS, the bid of the Collector has been deemed to be in accordance with the specifications, furnished to bidders and the Collector has been deemed to have the experience, competence and the financial ability to carry out required services and to have made the lowest acceptable bid. NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually covenanted aiid agreed as follows: 1. This Agreement shall be binding upon the parties hereto, their successors and assigns, and shah be for a period of one (1) year, beginning November 1, 1974 and ending October 31, 1975. 2. The Collector will collect from each single family (RI and X0 RIS, Zone), duplex unit (R2 or R2A Zone), or townhouse unit (R3U Zone)r) at least twice weekly, on a regular established route the containers of garbage or trash. The trash shall be placed either in standard try 20-gallon containers, or in other containers wherever located on the premises, provided such containers are Pot placed within the carport, utility room, or other enclosure. Ca'.V 0.1' t)er c i t � 3 Clt.)Ui1{s 9 i. tiii:'.f't i I, w 3. The collector shall pick up all garbage through the use of modern packer type trucks, and to dispose of the iraterial collected in an area beyond the limits of the municipality in disposal sites approved by the governmental agencies having jurisdiction of the area in which the disposal site is located. . 4. The Collector shall maintain Liability insurance on all equipment operated in the: City .for bodily injury and property damage in amounts not less than 250,000I500,000 Dollars for bodily injury in any one accident, the latter figure for accidents involving more than one person; and property damage insurance in an amount of not less than Twenty -Five Thousand Dollars ($25,000.00) for one accident. Further, the Collector shall provide Workmen's Compensation Insurance for its employees in the form and amount as prescribed -by law. The aforesaid liability insurance shall include a 'ten (10) day notice of cancellation in favor of the City. The Collector agrees to furnish to the City a copy of the aforesaid insurance policies. The City shall be an additional named insured in such policies. 5. To guarantee performance by the Collector under the contract the Collector agrees to post with the City $10,000.00 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. 'upon the completion of the term of this contract and compliance with all terms and conditions hereof Collector shall be entitled to the return of such 'bond. 6. The City reserves the right to terminate the contract at any time whenever the service provided by the Collector fails to W meet reasonable standards of the trade, after the City gives written notice to the Collector of the deficiencies in servicq and the .2 Collector fails to correct the de ici_exnc:t.es as set, for- in written notice within fourteen (14) days of they receipt. by the Collector of such notice from the City. i. In the event of a strike of the employees of Collectors or any other similar labor dispute which makes performance of this Contract by Collector substantially i.npossible, Collector agrees that the City shall have the right to take temporary possession of the equipment of Collector no-,rnially used to collect garbage within the municipal limits of the. City and toope-rate tt�e 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 for all,. expenses incurred by it for labor, materials and other siinilar items, whether the sa-me be direct or indirectly incurred by it in exercising such power, such reimburse- ment to be made by Collector to City uPon they submission of weekly invoices by City to i, t . 8. The contract r'ay not be: assigned by the Collector without the prior approval of the City acid i_r? granting or denying such approval., the City shall be satisfic-,.d that the service to be rendered by any such assignees shall be equal to or greater than the service being rendered by the Collector he:reun c-r, No such assignment shall relieve the Collector of its duties and obligations under the contract, 9. Collector shall inde>-mr.i fy and save. harmless the City from and against any and all claims, suits,, actions; damages, or causes of action arising during the term of the contract, for any personal. C; injury, loss of life, or damage to property arising directly or in- M-M directly from its operations pursuant to they contract and from and against all costs, counsel fees, expenses any: liabilities C.. -r incurred in and about any such claim, the investigation thereof, or the defense of any action or p-t.-oc:ee-dings brought thereon, and n from and against any orders or jud&monts whichmviy be entered. therein. The City shall notify the. Collector within ten (l�) 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 bere- under, for which the City might be entitled to a clai,rn against the Collector, undo>r the provisions of the contract., The Collector shall_ also be: liable to the City for all oasts, expenses, at t;orney's fees and damages which gray be incurrE-d or sustained by the City by reason of the Collec:tor's breach. of any of the provisions of the Contract.. 10e Payment by the. City to the Col -]Lector for services provided. herein shall be on a momhl.y 'basis, computed on the number of residential_ units completed as of the Last:: dray of the previous Month, payable not later than the- fifteenth (l. zth) day of eacdr month, Computations are to be based on the monthly "Tainarac Ultilities, Inca, Inventory of lioiae::si.t.es, City of Twuarac, Wiest of State: Road #71' Iglus such other City records as are required to determine the number of completed residential units subject to requirement: for garbage and trash service. 11. City agrees to pay the Collector for garbage and trash collection service based upon the following schedule: Per Residential Unit; Type ► B" Service:, = Three and. 25/100 Dollars ($3.25) per month. 12. In the event that the Collector is indebted to the City at the time of the, ex( —cut -on oaf this ag-re'eip :nt, nothing herein shall be construed to abrogate or diminish the obligation of the Collector or of any other person to pay such indebtedness under any prior agreement or liability. z0- M. -ra 1N WITNESS WHEREOF , #Aie parties hereto have hereunto affixed 4 A I their hands and seals the day and year first above, wry ATTEST: CITY MANAGER I I HEREBY CERTIFY that I have approved the form and correctness of this Agreement. CITY ATTORNEY AT' ARY BROWARD REFUSE COMPANY, INC. d/b/a ALL SERVICE REFUSE COMPANY, DIVISION COL14ECTOR BY President - 5 - 75- 23833 LETTER OF UNDERSTANDING. WHEREAS, the original franchise agreement between the City of Tamarac and Broward Refuse Company d/b/a All. Service Refuse Company signed in August 1971 allows not only rosidential pick-up, but commercial pick-up as well., until. dune 30, 1974, and WHEREAS, due to inadvertence or mistake, the subsequent agreements of 1972 and 1973 omitted reference to said commercial franchise, and WHEREAS, the City of Tamarac passed Ordi.nance No. 74-37 covering commercial franchises, and WHEREAS, All Service Refuse Company has been faithfully remitting its franchise fees for said c.ommercia.l pick-up, and WHEREAS, the City of Tamarac and All Service Refuse Company are desirous of reducing to writing the oral. understanding which evidences the original. franchise agreement, and WHEREAS, the City of Tamarac has req"uired. All Service defuse Company to execute agr m.emt in aocordance with Ordinance No. 74-37 for its commercial franchise, NOW, THEREFORE, BE IT RESOLVED BY THE, COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City of Tamarac and All Service Refuse Company do hereby arnend the agreement accepted on October 9, 1974, by adding the following paragraph: "For business and commercial 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." SECTION 2: All Service Refuse -Company agrees that within a period of thirty (30) days from execution of this agreement submit for examination to the City of Tamarac, the contractual arrangements that had been made with its commercial accounts, all in accordance" with paragraph I of this Letter of Understanding. SECTION 3: All Service Refuse Company agrees to execute a commercial :franchise, copy of which is attached. SECTION 4: In all. other respects, the aforesaid franchise agreement shall remain in full force and effect. IN WITNESS WHEREOF, THE PARTIES HE TO HAVE HEREUNTO SET THEIR HANDS AND SEALS this 30. day of Z .ryL- 1974. ATTEST: CITY 1C' CITY OF TAMA C, FLO1IDA 44 i ff C T VY R . MIn M to C4 .A. n FRANCHISE AGREEMENT THIS AGREEMENT made and entered into in duplicate, this q.tj2,_ day of _Ee ruaX_V ,197 by and between the City of Tamarac, Broward County, Florida, a nrani.cipa.11ty or ganized and existing under the laws of the State: of Florida, herein- Broward Refuse Co. d/b/a after called the "City"; and _AllW :L _ _y a corpor- ation organized and existing under the ,haws of the State of Florida, hereinafter called the "Collector". WHEREAS, the City desires to provides an efficient method of refuse collection within the limits of the City; and WHEREAS, the Collector is desirous of collecting refuse in accordance with the provisions of Ordinance No. 74- _ 1_ City of Tamarac. NOW, THEREFORE, in consideration of the convenants herein contained it is mutually agreed as follows: 1. The City hereby grants unto the Collector, its successors and assigns, the right and privilege to operate ra 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 businesses and other enterprises re- quiring such services within the municipal 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 be dependant upon the amount of service required by the customer. In such cages, 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 all customers directly on an indi- vidual basis, which, billing shall be in advance on a quarterly basis unless the customer elects to pay on a monthly basis. 4. The Collector agrees to pick 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 municiaplity in dis- posal sites approved by the governmetatal agencies having jurisdiction of the area in which the site is located. 5. The Collector agrees to pay unto the City, in ;return for the use of the streets, alleys, bridges, easements and other public places thereof, pursuant to this Agreement, a sun of money equal to ten per cent (10%) of the gross billings from all accounts seared within the limits of the municipality. The aforesaid payments shall be made on or before the tenth (10th) day of each month beginning E vt-mbtar 1974 , based upon monthly collections. 6. The Collector agrees to provide to the City a monthly accounting, as well as a yearly audit, and agrees to permit the City or its author- ized agents to inspect its records respecting; the: accounts within the City at any reasonable time. 7. The Collector agrees to maintain, liability insurance on all equipment operated in theCity for bodily injury and property damage in amounts not less than 250,000/500,000 Dollars for bodily injury in any one accident, the former figure for accidents involving more than one v person; and property damage insurance in an awunt of not less than Twenty- five Thousand. Dollars ($25,000.00) for one accident. Further, the Col- lector agrees to provide Workmen's Compensation Insurance for its em- ployees in the form and amount as prescribed by :law. The aforesaid lia- bility insurance: shall. include a ten (10) day notice of cancellation in favor of the City. The Collector agrees to furnish to the City a copy of the aforesaid insurance policies. The. City shall. be an additional named insured in such policies. 8. To guarantee performance by the Collector under this Agreement, the Collector agrees.to post with the City � 52 0�00 in cash, :00 or the estimated amount of franchise :fees for a three (3) month period, M_" whichever sum is greater. Such sutra may be applied by the City to any de— fault by the Collector in the performance of this contract. Upon the com- pletion of the term of this agreement and compliance wi�h all terms and. rat conditions hereof, Collector shall be entitled to the return of stacb bona. 9. A6ie City reserves the ripht to terminzate. thi3.5 A.� 'ree-m['T,t at any time whenever txae service provided 'by the Collector fails to meet reasonable standards or the trade, after the City gives written not -ice to r:be Coliectoc of H e d.eM:a iciecrcieS i-r: service and the Collector fails to correct; the def i.cie ocies as set forth in the written notice with,ri fourteen (14) days of the receipt by the Col- lector of such n.ot ce fror7r the Ci.t:y. 10. This Agreement shall be. binding upon the parties hereto, their successors and assigns and shall. 'be for a period of __Dne yaax __ beginning October '1974�... and ending 11, Collector shall indemnify and save... harmlesfi the City from. and against any and all claims, sari.ts, actions, damagesror causes of action arising; during the term of this Agreement, for any personal in -- jury, loss of life, or damage to property arising directly or -indirectly from its operations pursuant to this kgreeme:nt and from and against all, costs, cuounsel fees, expenses and liabilities incurred in and about 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 therein. 'file City shall notify .:he Collector within ten (10) days of receipt by the City of any claim, wait or Faction against the City arising; directly or indirectly from ,the operations of the Col- lector hereunder, for wdai_c.h the City might be entitled to a claim! against the Collector, under the provisions of this Agreement . The Collector shall also be liable to the City for all casts, expenses, attorneys fees and damage's which may be incurred or sustai:ried by the City by reason of the Collector's breach of any of the provisions of this Agreement. 12, This Agreement may not be assigned by the Collector without the prior approval of the City and in granting or denying such approval, the Citw shall be satisfied that: the service to be rendered by any such assignee shall be equal to or greater thantale service being rendered by the Collector hereunder, No such assignment shall relieve the Col- lector of its duties and obligations under this Agreement. IN WITNESS WE3.c,RECIF, the parties hereto affix their hands and seals the day and year first above written. CAL. sy El iFEST IT)( CLERIC �fY r SECRETARY CITY OF T&NtkRAC, FLORIDA C y CITY MLNAGER %R.CWAK) REFUSE CC.MPA_IIY d/b/a All SERVICE REFUSE COMPANY PRESIDENT /or PRINCIPAL OFFICER it mCJ tn"n p-n ice-: ATTEST: SECRETARY. STATE OF FLORIDA, � COUNTY OF BR.OWARD ;. ROWA+ : REFUSE C OM-PANY d/b/a All Service ce Refuse: Company 151u-'s IDENT/ car PRINCIPAL OFFICER Before me personally appeared 14� (Dwight E. Johnson ) Mayor --.__--- _ 1 and (Edward A. Gross) City Manager,�� �' :��-t both to me well known and known to me to be the ersors described in and who executed the foregoing instrumen'v, and acknowledged to and before me that executed said instruunent for the purposes therein expx•e, d e-_w__ WITNESS my hand and official sea!, this day of (SEAL) 1" wS com.ission expires STATE OF FLORIDA ) COUNTY OF BROWAR.D ) fz- USLI�� C iY __ C Notary PtJMC State of Florida if Largf My C,o misvofi Expires Oct. 4, 1977 Before me personally appeared � Xo- me ((Harold Carter) to me well known az/owr to be the person described in and who executed the f re oing instrument, and acknowledged to and before me tha.i; executed said instrument for purpc3ses therein ep�ssec. TNESS my hand and riff .cZ ?. isea.l, this day of r 19'd---� I My commission expires --� NIO—L2MY PuBLiC . toia?v public stg,e �t �vrTd� a� tarp sky Commi.ssjor, rxpites ()ct. 4, 1977 RECORDED IN THE ORAL REM90S RM 0� 9i3OWARD M, Fite . 11. X A TJ TH C064TY ADMINISTRATOR