HomeMy WebLinkAboutCity of Tamarac Resolution R-74-0991
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This Resolution was
introduced by
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7 5— 35034 CITY OF TAMARAC , FLORIDA
RESOLUTION NO.�7q- 9?_ -
A RESOLUTION AUTHORIZING THE RENEWAL OF THE
FRANCHISE OF SOUTHERN SANITATION COMPANY.
WHEREAS, the Charter of the City of Tamarac and City
Temp # 2,17
Ordinance Number 74-37 authorizes the City to enter franchise
agreements with garbage and trash collectors, and,
WHEREAS, the franchise agreement for SOUTHERN SANITATION
COMPANY expires December 31, 1974, and,
WHEREAS, THE City Council is desirous of renewing said
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
I HEREBY CERTIFY that I have
approved the form and correctness
day of/ 4/PjQVV1-974 .
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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
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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, 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.
i 3. The collector shall bill all customers directly on an indi- m In
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vidual basis, which billing shall be in advance on a quarterly basis
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unless the customer elects to pay on a monthly basis.
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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 far 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 (IM.) 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
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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 de-1
fault by the Collector in the performance of this contract. Upon the cam-
pletion of the term of this agreement and compliance with all terms and M
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conditions hereof, Collector shall be entitled to the return of such bond.
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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
beginning 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 terra of this Agreement., for any personas 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 Col.l,ector'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 Col-
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on
lector of its duties and obligations
under this
Agreement.
IN WITNESS WHEREOFthe
, parties
hereto affix their hands and seals
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the day and year first above written.
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ATTEST:
CITY C RK
ATTEST:
CITY OF TAMARAC, FLORIDA
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CITY MANAGER
SOUTHERN ITATION,
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Vjc.---Ps ENT / or RINCIPAL OFFICER
RECORDED IN THE. OFFICIAL RECORDS BOOK
OF BROWARD COUNTY, FLORIDA
R. R. KAUTH
COUNTY ADMINISTRATOR