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HomeMy WebLinkAboutCity of Tamarac Resolution R-1974-094j This Resolution was introduced by 75- 23331 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 7 Temp.' #223. A RESOLUTION AUTHORIZING THE FRANCHISING OF COUNTY WASTE INC. WHEREAS, the Charter of the City of Tamarac and City c -n rn Ordinance Number 74-37 authorizes the City to enter franchise c� agreements with garbage and trash collectors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE M n,7 CITY OF TAMARAC, FLORIDA: cn . Section 1: That the City is authorized to enter a franchise c agreement for collection of garbage with County Waste 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 of 1974. C T ERK. I HEREBY CERTIFY that I have approved the form and correctness Mayor Johnson V/M Tucker C/W Lange C/W Massaro C/M Glicksman m -"n 0 -n FRANCHISE AGREEMENT THIS AGREEMENT made and entered into in duplicate, this 12thi,, day of 5entember 3 197 by and between the City of Tamarac, Broward County, Florida, a municipality organized and existing under the laws of the State of Florida, hereinafter called the "City"; and County Waste Inc., a corporation 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 City; and WHEREAS, the Collector is desirous of collecting refuse in accordance with the provisions of Ordinance No. 74-37, City of Tamarac. NOW, THEREFORE, in consideration of the covenants 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 a garbage and trash collection system, in,upon, over and across the present and future streets, alleys, ;0 0 rn i bridges, easements and other public places of the City v M I -t 4 of Tamarac, Broward County, Florida, for the purpose of collecting garbage and trash of the businesses and other enterprises requiring such services within the municipal limits of the City. 2. The rate to be 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. 3. 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. 4. The Collector agrees to pick up all gar- bage through the use of modern packer type trucks and to dispose of all material 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 site is located. 5. The Collector agrees to pay unto the City, in return for use of the streets, alleys, bridges, easements and other public places thereof, pursuant to this Agreement, a sum of money equal to ten per cent (10%) - 2 - II 11 of the gross billings from accounts served within the limits of the municipality. The afore- said payments shall be made on or before the tenth (loth) day of each month beginning October, 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 authorized 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 the City 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 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 agrees to provide Workmen's Compensation Insurance for its employees 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. (3) e 8. To guarantee performance by the Collector under this Agreement, the Collector agrees to post with the City $2,500.00 in cash, or the estimated amount of franchise fees for a three (3) month period, whichever sum is greater. 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 agreement and compliance with all terms and conditions hereof, Collector shall be entitled to the return of such bond. 9. The City reserves the right to terminate this Agreement at any time whenever the service pro- vided by the Collector fails to meet reasonable standards of the trade, after the City gives written notice to the Collector of the deficencies as set forth in the written notice within fourteen (14) days of the receipt by the Collector of such notice from the City. 10. This Agreement shall be binding upon the parties hereto, their successors and assigns and shall be for a period of one year beginning September 12, 1974 and ending September 1.2, 1975. 11. Collector shall indemnify and save harm- less the City from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Agreement, for any personal injury, loss �0 of life, or damage to property arising directly or in- r�*� c� m (4) directly from its operations pursuant to this Agreement and from and against all costs, counsel 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. 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 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 costs, expenses, attorneys fees and damages which may be incurred or sustained 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 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. m trim Mn M (5) �,:� 0 IN WITNESS WHEREOF, the parties hereto affix their hands and seals the day and year first above written. I HEREBY CERTIFY that I have approved the form and correctness of this Agreement. t Clerk LJ CITY OF TAMARAC ' {OU'V4 Y, R(ifi OA COUNTY AUMINISTNATOR, Mo n� (6)