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HomeMy WebLinkAboutCity of Tamarac Resolution R-1975-140,Pry opt;sed by: Temp . #,f 429 Introduced by: C-1 T CITY OF TAMARAC, FLORIDA RESOLUTION NO. A RESOLUTION AUTHORIZING THE FRANCHISING OF RONKOMA CORPORATION, SANITATION SERVICE. WHEREAS, the Charter of the City of Tamarac and City Ordinance No. 74-37 authorizes the City to enter francise agreements with garbage and trash collectors. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City is authorized to enter a franchise agreement for collection of garbage with RONKOMA CORPORATION. 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 - 14 day of � JY� , 1975. ATTEST-- _..--. -, CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. RECORD OF COUNCIL VOTE Mayor Johnson V/M M. Glicksman C/M W. Falck ,GC/W. H. Massaro C/M 0. Tucker OOT FRA\G.IISr AGPZ EE�TidT THIS AGREE-KENT made and entered into in duplicate, this day of '.,197„0by and between the City of Tamarac, Brouard County, Florida, a municipality organized and existing under the laws of the State of Florida, herein- after called the "City"; and Wt !Ji) �n �o 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 toll-ection within the lirt:its of the City; and iT11FREAS, the Collector is desirous of collecting refuse in accordance with the provisions of Ordinance 'N:o. 3 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, bridges, easements and other public places of the City of Tamarac, Broward County, Florida, for the purpose of collecting garbage and trash of the businesses and other enterprises reauirin-- such services within the municipal limits of the City. 2. The rate to be charged shall be a ratter of negotiation between the Col -lector and the custo:,ter served and ;hall be dependant upon the amount of service_ required by the T.n such ca,,3Qs, all rates to be -charged shall -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 pied_ 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 governmental agencies having juris-'- diction of the area in i,hich 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 star, of money equal to teen per cent (107.) of the gross billings z"rom all accounts served within the limits of the municipality. The aforesaid pay - meets shall be made on or before the tenth (loth) day of each month beginning auk1 1y 7 5 based tipon monthly collections. 6. The Collector agrees to provide to the City a month- ly 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 proper- ty damage in amounts not less than 250,000/500,000 Dollars for bodi- ly injury in any one accident, the latter 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 Col.. -lector agrees to provide ,•]o -l: M.en's Co.npensation Insurance for its employees in the fora and a -- mount as prescribed by law. The aforesaid liability insurance 2. • �r shall includ! 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 he 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 s,. ,. C`4�:"' -110 in cash, or the estimated amount of fran- chise fees for a three (3) month period, w'_zichever sun is greater, Much 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 Agree- ment 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 ser- vice and the Collector Tails to correct the deficiencies as set forth in the written notice within fourteen (14) days of the re- ceipt by .the Collector of such noL.ice from the City. 10. This Agreement shall be binding upon the parties hereto, their successors and assigns and shall be for a period of beginningi /9is and ending7J����./y76. 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 injury, loss of life, or damage to property arising i directly or indirectly from its operations pursuant to this Agree- ment and from and against all costs, counsel fees, expenses and liahiliti.es incurred in and about any suci claim, the investiga Lion thereof, or the de-ense of any action or proceedings I)roeight th4reori, 3. .t and from and against any orders or judgments which may be enter- ed therein, The City shall notify the Collector trithin 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 -t,rhich the City might 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, attorn-eys fees and dama-es 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 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 than the service being rendered by the Collector hereunder. No such assignment shall relieve the Collector of its duties and obliga- tions under this Agreement. IN WITNEESS 1,THEREOF, the: parties' hereto affix their hands and seals the day and year first above written. City Manager I HEREBY CERTIFY that I }jave approved the form and correctness of this Act reE'ment . w / City At tor. rley 11T rcr nV rVAn-AR Ar RONKOMA CORPORATION Secretary ;_1111 Gam' 4.