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HomeMy WebLinkAboutCity of Tamarac Resolution R-1974-099This Resolution was introduced by Temp # 2,17 F-7 L, jI 1 (. 7 5— 35034 CITY OF TAMARAC , FLORIDA RESOLUTION NO. % 9 A RESOLUTION AUTHORIZING THE RENEWAL OF THE FRANCHISE OF SOUTHERN SANITATION COMPANY. WHEREAS, the Charter of the City of Tamarac and City cn -7, r-r i Ordinance Number 74-37 authorizes the City to enter franchise cc7 ry agreements with garbage and trash collectors, and, cry WHEREAS, the franchise agreement for SOUTHERN SANITATION COMPANY expires December 31, 1974, and, WHEREAS, THE City Council is desirous of renewing said C-0. franchise. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: Section l: That the City is authorized to enter into franchise agreement for collection of garbage with SOUTHERN SANITATION COMPANY. 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 ATTEST ITY C ERK I HEREBY CERTIFY that I have approved the form and correctness �..f RECO;�U OF C..)U NCIL M D. J' J Vie - 0, IMP I � C/W L, LANGE CAW H. MASSARO n-n C/M M. GLICKSMAN ar a� n c� rm H f FRANCHISE AGREEMENT THIS AGREEMENT made and entered into in duplicate, this 30th day of December ,19A by and between the City of Tamarac, Broward County, Florida, a municipality organized and existing under the laws of the State of Florida, herein- after called the "City"; and Southern Sanitatigna 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 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 convenants herein contained it is mutually agreed as follows: P 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 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 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 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. X 0 M -n 0 -n 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 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 the 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%) of the gross billings from all accounts served within the limits of the municipality. The aforesaid payments shall be made on or before the tenth (10th) day of each month beginning January, 1975, 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 person; and property damage insurance in an amount 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 $2,500.00 in cash, m 0 0n or the estimated amount of franchise fees for a three (3) month period, h-� whichever sum is greater. Such sum may be applied by the City to any de-1� fault by the Collector in the performance of this contract. Upon the com- T n pletion of the term of this agreement and compliance with all terms and fG)T► conditions hereof, Collector shall be entitled to the return of such bond. W -2- 9. 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 Col- lector 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 _Qn e year beginning pQC_ 30, 1974 and ending Dec. 30. 1975. 11. Collector shall indemnify and save harmless 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 in- jury, 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 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 Col- lector 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 �0© by the Collector hereunder. No such assignment shall relieve the Col- n -n lector of its duties and obligations under this Agreement. I—� IN WITNESS WHEREOF, the parties hereto affix their hands and seals e� the day and year first above written. m m 1911 ATTEST: CITY C RK ATTEST: CITY OF TAMARAC, FLORIDA f` 7' CITY MANAGER SOUTHERN NITATION, lam/ UI� S ENT / or RINCIPAL OFFICER RECORDED IN THE OFFICIAL RECORDS BOOK OF BROWARD COUNTY, FLORIDA R. R. KAUTH COUNTY ADMINISTRATOR