HomeMy WebLinkAboutCity of Tamarac Resolution R-74-0944
This Resolution was
introduced by
75- 23831
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. % r
A RESOLUTION AUTHORIZING THE FRANCHISING
OF COUNTY WASTE INC.
Temp .' #223%
WHEREAS, the Charter of the City of Tamarac and City car+
Ordinance Number 74-37 authorizes the City to enter franchise
agreements with garbage and trash collectors.'
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF TAMARAC, FLORIDA: »
Section 1: That the City is authorized to enter a franchise x-r'
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. 6
PASSED, ADOPTED AND APPROVED this day of
1974.
ATTEST:
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
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THIS AGREEMENT made and entered into in
duplicate, this day of September , 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, M o
bridges, easements and other public places of the City
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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, r: ThO_ 'C.ollector agrees to pay unto the City,
in return fo°r'use dt the streets, alleys, bridges,
easements and ottber; public, places thereof, pursuant to
this Agreement,,a sum of moneyequal to ten per cent (10% �"i
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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
(10th) day of each month beginning October, 1974,
based upon monthly collections.
b. 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.
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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 12, 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
of life, or damage to property arising directly or in-
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.
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IN WITNESS WHEREOF, the parties hereto
affix their hands and seals the day and year first
above written.
CITY OF TAMARAC
ATTEST- 7
'C—ftf RANKULK
B .e
Ginter..•►
I HEREBY CERTIFY that I
have approved the form
and correctness of this
Agreement.
-Cfty Clerk
RECORDED IN THE OFFICIAL RECORDS BM*
OF BROWARD COUNTY, FLORIDA
R. R. K,AUTH
COUNTY ADMINISTRAToR,
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