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HomeMy WebLinkAboutCity of Tamarac Resolution R-74-073This Resolution was in roduced by s. 11 �y r� CITY OF TAMARAC, FLORIDA ! 5 "~ L 3 8 3 4 RESOLUTION NO. 7 —% Temp. #229 A RESOLUTION AWARDING A CONTRACT FOR RESIDENTIAL GARBAGE AND TRASH COLLECTION FOR THE CITY OF TAMARAC TO _f Z OWAl'%'1_') a WAU S X CI JwPAjy! j ..L/yim• 064 .446 SajeW car '0ryt ar m co WHEREAS, pursuant to the Charter of the City of Tamarac, c -r� advertisement for invitation to bid has been placed, and na WHEREAS, pursuant to said invitation bids have been �* c..n 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, MW6141;4817.'I SECTION 1: That the bid of 63pwo/4 S,c a .!!� .. % AZL ,$404�44r s for the sum of 5 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 0/A day of (� 1974. ATTEST: CITY C�LERKtr �_...— I HEREBY CERTIFY that I have approved the form and `' ;:D U �; H RECORD OF COUNCIL VOTE c�a M - D. JOHNSON I a YM - 0. TUCKP C/W E. LAN C/W H. MASSANO m C/M M. GLICKSMAN A G R E E M E N T THIS AGREEMENT, entered into this _ day of November, 1974, by and between. the City of Tamarac, a Municipal corporation, existing under the laws of the State of Florida, hereinafter referred to as "CITY", and Rroward Refuse, Inc., d/b/a All Service Refuse Company, Division C, a Florida corporation, here- inafter called "COLLECTOR". W I T N E S S E T H WHEREAS, the City desires to provide to the residents of the Catty 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. P the Collector has been deemed to have the experience, competence and the financial ability to carry out required services and to have made the rawest acceptable bid. r NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually covenanted and agreed as follows 1. This Agreement shall be binding upon the parties hereto, their successors and assigns, and shall 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 RIB,Zone), duplex unit (R2 or R2A Zone), or townhouse unit (R3U Zone)r)-rJ 4 y at -.east twice weekly, on a regular established route the containers of garbage or trash. The trash shall be placed either in standard 20wgallon containers, or in other containers wherever located on the premises, provided such containers are rot placed within the carport, utility room, or other enclosure. a5 ser C:i tr` 3. The collector shall pack up all garbage through the use of modern packer type trucks, and to dispose of the 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 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 250,000/500,000 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 suns 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 Catty reserves the right to terminate the contract 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 servicq and the 2 rr± Collector fails to correct the deficiencies as set forth in written notice within fourteen (1.4) days of the receipt by the: Collector of such notice from the City. 7. In the event of a strike of the employees of Collector, or any other similar labor dispute which makes performance of this Contract by Collector substantially impossible, Collector agrees that. the City shall have the right to take temporary possession of the equipment of Collector nomal.ly used to collect garbage within the municipal, limits of the, City and to operate: the sane until Collector is able to resume its obligations under this contract. In the event City elects to exercises the authority given it under this paragraph, it shall be reimbursed for all. expenses incurred by it for labor, materials and other simil-lar Items,, whether the same be direct or indirectly incurred by it in exercising such power, such reimburse -- went to be made by Collector to City upon the submission of weekly invoices by City to it. 8. The contract may, not be assigned by the Collector without they 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 Chars the service being rendered by the Collector hereunder, .No such assignment shall relieve the Collector of its duties and obligations under the contract. 9. 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 the contract, for any personal injury, loss of life, or damage to property arising directly or in-- -r. J y� 3 � & p� -- y g Y directly from its operations pursuant to the contract and .from CID, and against all costs, counsel fees, expenses and liabilities J incurred in and about any slue b claim, the investigation thereof, or the defense; of any action or proceedings '-Drought thereon, and from and against any orders or judgments which may be entered therein. 3 The City shall notify the Collector within ten (IQ) days of receipt by the City of any cl.eaimr suit or actio-n against the City arising directly or indirectly .from the operations of the Collector here- under, for which the City mj,tht be entitled to a claim against the Collector, under the provisions of the contract. The Collector shall also be liable to the City for all costs, expenses, attorney's fees and damages which may be incurred or sustained by the City by reason of the Collec:tor's breach of any of -he provisions of the Contract. 10. Payment by the City to the Collector for services provided herein shall be on a rnonthl.y 'basis, coi-mputed can the number of residential_ units completed as of the:e last: day of the previews month, payable not later than the fifteenth (15th) day of each month Computations are to be based on the monthly "Tamarac Utilities, Inc.,, Inventory of llomesites, City of Tamarac, test of State. Road #7" plus such other City records as area 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/ 0C Dollars ($3.25) per month. 12. 1n the e::vent that the Collector is indebted to the City at the time of the execution, of this agreement, 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. 1N WITNESS WHEkFt�F, the parties hereto heave hereunto affixed' 4 their hands and seals the day and year first above written. ATTEST: rr CITY MANAGER _ I HEREBY CERTIFY that I have approved the form and correctness of this Agreement, CITY A OMEY r` BROWARD REFUSE COMPANY, INC. d/b/a ALL SERVxCE REFUSE COMPANY DIVISION e COLLECTOR N+a,asfy3Cr.i President SE RETARX i d a yr 5 'Y3 T 15- 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 residential pick-up, but commercial pick-up as well, until June 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 Ordinance No. 74-37 � covering commercial franchises, and WHEREAS, All Service Refuse Company has been faithfully remitting its franchise fees for said commercial pick-up, and WHEREAS, the City of Tamarac and All Service Refuse Company &W are desirous of reducing to writing the oral understanding which c. evidences the original franchise agreement, and WHEREAS, the City of Tamarac has required All Service Refuse Company to execute agrae- nximt in aoaordance 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 amend 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 PANES HE TOHAVE HEREUNTO SET THEIR 30 HANDS AND SEALS this . day of 1974. ATTEST: CITY CT. e FRANCHISE AGREEMENT THIS AGREEMENT made and entered into in duplicate, this . 4:th, day of Fehr r r , I975by andbetween the City of Tamarac, Broward County, Florida, a municipality organized and existing under the laws of the Stare of Florida, herein- Broi4 rd Refuse Co. d/b/a after called the "City"; and AI ;-� , v; �� 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 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: I. 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, Browa.rd County, Florida, for the purpose of col. - letting garbage and trash of the businesses and ether 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 subsect 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. M 4. The Collector agrees to pick up all garbage througlhthe 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 ether public places thereof, pursuant to this Agreements 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 November, 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 d&,nage 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 amgunt 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 lair. 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. Ti°he. 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 _-_52,50p.00 in cash, — — MO or the estimated amount of franchisefees for a three (3) month period, MI" whichever sum is greater. Such sum may be applied by the. City to any de-1 �a fault by the Collector in the performance of this contract. Upon the cool- tr pletion of the term of this agreement and compliance wi€h all terms and � tit conditions hereof, Collector shall be entitled to the return of such bond. 2- t f 9. The City reserves the right to te.zmtinate 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 it service and the Collector fails to correct the deficiencies as set forth in the written noticewithin fOUrteen (14) days of: the receipt by the Cool - lector of such notice from the City. 10. This Agreement shall be binding upon the parties hereto, their successors and assigns and shall, he for a period of one area _ beginning October_'1974 and ending ()e1p 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 carders or judgments which may be entered therein. Dhe. City shall notify -.he Collector within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly fron, ithe operations of the Col- lector hereunder, for which the City mi.gbt 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 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 nc)t 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 he equal to or greater than the service being rendered by the Collector hereunder, No suchassignment shall relieve the Col- ;00 1 " lector of its duties and obligations under L`isis Agreement. �3 IN WITNESS WHEREOF,the parties hereto affix their hands and seals the dray and year first alcove written. 13 CITY OF TAINVARAC, FLORIDA �� .TT"EST�., ,.� 17 0dfTY---CITY MANCLfRk'*' MGER BROTWARD REFUSE COMPANY d/b/a ALI, SERVICE REFUSE COMPANY ST: SECRETARY PRESIDENT /or PRINCIPAL OFFICER mo C.0 ti t' ATTEST: SECRETARY. STATE OF FLORIDA ) BROWARD REFUSE COMPA��Y d/b/a All Service Refuse: Company 47 _ R;ESIDENT/or PRINC `PAL OFFICER COUNTY OF BROWARD ) Before me personally appeared (Dwight E. Johnson ) Mayor and (Edward A. Gross) Clity Manager, '�,s� both to me well known and known to xrte to be the ersons described in and who executed the foregoing instrument, and acknowledged to and before me that executed'said instrument for the purposes therein expre, ed. WITNESS my hand and official seat, this V day of (SEAL) NufARY 15UBLIC W Notary i=ubiic State of Ft elda at tarp MY Curii9'n9s On Expires OCL 4, 1977 F commission expire: STATE OF FLORIDA ) COUNTY OF DROWARD ) Before me personally appeared (Harold Carter) to me well known an "known to we to be the person described in and who executed the .f regoing instrument, and acknowledged to and before me that __ executed said instrument for purposes therein expr—sled. W TRESS ray hand and offici 1 seal., this day of 197 . My commission expires NOTAY PUBLIC matttt Put& State a Y Catet 'sssi�s� Expires Oct. 4, 1977 RECORDED IN THE 079CIAL R£WROS 80* VrA . R.