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Home My WebLink AboutCity of Tamarac Resolution R-74-105This Resolution was introducediby n 15- 23835 CITY OF TAMARAC, FLORIDA RESOLUTION NO — /0,'5" A RESOLUTION AUTHORIZING THE FRANCHISING OF TWO -STAR .INC. 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. NOW, THEREFORE, BE IT RESOLVED BY. -THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION l: That the City is authorized to enter a franchise agreement for collection of garbage with Two -Star INC. Temp. #256 r 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 �(;ray u of te '° k'v_ ATTEST: M RK that I have apex' the form and correctness _'r +-U4 RECORD OF COUNCIL VOTE M - D. 10HNSON I VM - 0. TUCKER 1 C/W E. LANGE �/W W. MASSARO I �" e- C M M. GLICKSMAN AA M-n o,n FRANCHISE AGREEMENT THIS AGI,? EMENT made and entered into in dx.lalic.ate, this -If day of DeLg} ,-N _, 19719)y and between the City of Tamarac, Broward County, Florida., a municipa.l.ity organized and existing tinder the lags of the State of Florida., herein- after called the "City"; and '3:`wp:Sias :Clots. , a --corpor- ation organized and existing tinder the lags 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. NCW, THEREFORE, in consideration of the convenants herein contained it is mutually agreed as follows: 9 1. The City hereby grants unto the Collector, its successors and assigns, the right and privilege to operate a garbage and tram collection system.in, upon, over and across the present and future streets, alleys, bridges, easenaerts 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 enleYprises re- quiring such services within the mmanicipal limits of the City. 2. The crate to be charged shall be a matter of negotiation be- tween the Collector and the customer seared 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 Cal.- lector fail.. 3. The collector shall kill all customers directly on an indi- vidual bards, which billing shall be in advance on a quarterly basis unless the customer elects to pay on a monthly basis: I 4. The Collector agrees to pick up all garbage through the use of modern hacker type trucks and to dispose of all material collected in an area beyond the limits of the rmxni ciapl.ity in dis- posal sites approved by the tovermiiental agencies ha ,,,. ing; Jurisdiction of the area in wiaich the site is located. S. The Collector agrees to pay unto the City-, i.n return' for the use of the streets, alleys, bridges, easamen.ts and rather public places thereof, pursuant to this Agreement, a. sawn. of money equal to test per cent (ICI.) of the gross billings from all accounts -aerved within the limits of the municipality. The aforesaid payments shall be made ou or before the tenth (10-- h) day of each month beginning 41aniinIq75, based upon monthly Collections. 5. The Collector agrees to proO.da 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 w.i.thi;a the City at any reasonable time. i. The Collector agrees to maintain liability insurance ce on all equipment: operated in theC-ity for bodily injury and. Property damage in amounts not less than 250,€300/500,00(1 Dollars for bodily injury in any one accident, the fotmer figure for accidents involving more than. one person; and property damage insurance; in an mount of not less than Twenty- five 'Thousand Dollars ($25,000.00) for one accident: Further, the Col- lector agrees to provideWorkmen's Compensation insurance for its era- ployees in the form and amount as prescribed by 1:aw. T'he aforesaid lia- bility insurance shall include a ten (10) day t'so*ice of cancellation irp favor of the ui.tyr. The Collector agrees to furnish to the City a eopy 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, :U 0 —41 the Collector agrees to post with tine City�: �C��.Ci� in caesh,�- or the estimated amount of franchise fees for a three (3) month period, whichever stain is greater. Such slurs may be applied a �l� � g ed by the City to ar=y de- fault by the Collector in the performances of thi's contraet. upon the coin - Itl pl.etion of than terra of this agreement and compliance wits, all terms and c� conditions hereof, Col.tector shall -be entitled to the rcetxirn of such bond. I -2- 9. ".fee City reserves t.xe right to tenrainate this Agreement at any time whenever the service provided by the. Collector fails to meet reasonable standards of the trace; after the: City gives Written notice to the Collector of the deficiencies in service and the Collector fails to correct the deficie;aci.es as, set forth ka the written notice within fourteen (14) days of the receipt by the Col- lector of such notice from the City, 10. This Agteement shall. be binding upon the parties hereto, their successors and assigns and shall be for a. period of 1 Vear beginning Dee, 31, 1974 and ending Dec. 111. , 1975 11. Collector shall lludemnify and gave ha ?ess the City from and against any and all claiars, suits, actions, damag;es,or causes of action arising during the terse of this agreement, for any personal in- jury, loss of line, or damage. to property arising directly* or i:xd.irect?y 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. T-1he City shall notify the Collector within ten (10) days of receipt by the City of any Maim, suit or action against the City arising, directly or indirectly from the operations of the Cal - 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 Lo or greater than the service being rendered by the Collector hereunder. No such assignment shall relieve the Col.- lector of its duties and obligations under this Agreement. wa IN WITNESS WHEREOF, the parties hereto affix their hands and seals the day and year first above cyritte-n. 00 .;ir w p a ATUST: ...... ....... cl SEZZTAAY 11 Cl'A' MLN.'-kGF;R pflci�koElb IN '-Ht WINCIA: PIETOMMS WX 1poljN-:Y. F;-D-Rji)A R. R. KAUTH, CNN�y 4;00-q zo M-n 00 to