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Home My WebLink AboutCity of Tamarac Resolution R-1975-111Proposed by: (i01�r1 Introduced by/'�`�'_ ` Temp .# f LJ CITY OF TAMARAC, FLORIDA RESOLUTION NO. A RESOLUTION AUTHORIZING THE FRANCHISING OF COUNTY WASTE, INC. WHEREAS, the Charter of the City of Tamarac and City Ordinance No. 74-37 authorizes the City to enter franchise agree- ments with garbage and trash collectors. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA. SECTION l: That the City is authorized to enter a franchise 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. r; PASSED, ADOPTED AND APPROVED this,,)jdday ofg�-y7�`L1 , 1975. ATTEST: CITY L1 I HEREBY CERTIFY that I have approved the ifor.m and correctness of the RESOLUTION. �CITY�ATTORNEY Mayo RECORD OF COUNCIL VOTE MAYOR - D. JOHNSON V / r4 E. LANG�L C C / M M. GLICKSMAN��....� _._..m-._.. i 5-193536 F `kNCHISE ACREELYc.L;`i 17� c� _,3 THIS AGP.i:E-IFNT made and entered into in duplicate, this ,, day off,/ 6?,7-o e - ,1.97, by and between the City of Tamarac, Broward County, Florida, a municipality organized CD �.z and existing under the laws of the State of Florida, herein- after called the "City"; and eOc.-hTa corpor- ation organized and existing under the laws of the State of Florida, hereinafter called the "Collector". 1,1HER AS, the City desires to provide an efficient method of refuse, collection Wlthin the li;�its of the City; and WITLEP,EAS, the Collector is desirous of collecting refuse in accordance ,7ith the provisions of Ordinance No. 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 syste-m in, upon, over and across the present and future streets, alleys, bridges, easements and other public places of the City of Tamarac, Brotvard County, Florida, for the purpose of collecting garbage and trash of the �..d ._. L. the municipal limits of the City. 2. the rate to be chained shall be a natter of v negotiation between the Collector- and the customer served and :7 w shall be dependant upon the amount of service required by the customer, In such cases, all rates to be-char;ad s,iall_be subject to arbitration by the Council of the City, in the event such negotiation be- tween customer and Collector fail.. 3. The collector shall bill all customers directly on an individual basis, which billing shall_ be in advance on a quart- erly basis unless the customer elects to pay on a monthly basis. 4. The Collector agrees to pick up all garbage through the use of modern packer type trucks and to dispose of all mater- ial collected in an area beyond the limits of the municipality in disposal sites approved by the gn overmental agencies having juris- diction of the area in Nahich 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 (107,) of the gross billings from all accounts served within the lia+its of the rinunicipality. The aforesaid pay- ments shall be made on or before the tenth (loth) day of each month beginning 0c _L r /`I based upon monthly collections. b. The Collector agrees to provide to the City a month- ly accounting, as -.cell as a yearly audit, and agrees to permit the City or its authorized agents to inspect its records respecting the accounts u ithin 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 proper- ty damage in amounts not less than 250,000/500,000 Dollars for bodi- ly injury in any one accident, the :tatter figure for accidents in- volving 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 Work- rits Corrpensation Insurance for is employees in the fora and a� mount as prescribed by law. The aforesaid liability insuranc• M r shall include a ten (1.0) 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 in cash, or the estimated amount of fran- chise fees for a three (3) month period, w1h i chewer sum is greater. 'uch stun 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 Agree- ment at any time whenever the service provided by the Collector fails to meet reasonable standards of the trade, after the City f gives trritten notice to the Collector of the deficiencies in ser-- l k vice and the Collector fails to correct the deficiencies as set forth in the written notice within fourteen (14) days of the re- ceipt 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 d ►"_ n be inniJ > g g �I�n,b� 3 fy7� _and ending / / 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 anv personal. 7_niury, lo,s of l:i_.fe, or dnmare to nrnnerry a.r_i_si_nn ldirectly or indirectly from its operations pursuant to this Agree- ment 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, 3. r- �N k and from and against any orders or judgments which bray be enter- ed 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 x_he Collector hereunder, for which the City right be entitled to a claim against the Collector, under the provisions of this Agree- ment. The Collector shall also be liable to the City for all costs, expenses, attorneys fees and damages which m_ay 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 obliga- tions under this Agree>ent. IN WITNESS LHEREOF, the parties hereto affix their hands and seals the day and year first above crritten_ i r-, ATTEST City Manager I HEREBY CERTIFY that I have approved the form '11-1d correctness of this Agreement. City Attorney A ITY OF TAr kWk N i 4. y . By (President) - T ..ire-e-- AT'T"ES T : 7 (Secret4) KCO,2DED IN rH' J=Fi„z,L „cCOHi%a 800K J'JT'i FL';,flDA 7 U TH ,�.C7{`+G COU?1T�,>D;1lIVISTRATpR 17)