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HomeMy WebLinkAboutCity of Tamarac Resolution R-1975-150Pi.opo'sed by `^Ri Temp . #f445 Introduced by ��R u CITY OF TAMARAC, FLORIDA RESOLUTION NO. p A RESOLUTION AWARDING A CONTRACT FOR GARBAGE AND TRASH COLLECTION AT CONDOMINIUMS FOR THE CITY OF TAMARAC. WHEREAS, pursuant to the Charter of the City of Tamarac, advertisement for invitation to bid has been placed, and WHEREAS, pursuant to said invitation,bids have been received for the contract for garbage and trash collection, and WHEREAS, the Council has previously, by motion, awarded said bid to County Waste, Inc. of Broward County; and WHEREAS, the Council is desirous entering into a contract with County Waste, Inc. for such service. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the bid of County Waste, Inc. of Broward County for the sum of $1.95 per unit per month for garbage and trash collection at condominiums be and is hereby reaffirmed. SECTION 2: That the Mayor and City Manager are hereby authori!7,ed to enter into a contract with County Waste, Inc. of Broward County to provide such service, at the aforementioned rate. SECTION 3: That copies of both the bid and the contract are attached hereto and made a part hereof by reference. PASSED, ADOPTED AND APPROVED this i'Q_ le, day of 1975 ATTEST: CITY eLRRA I HEREBY CERTIFY that I have approved the form and correctness of this RESOLXTION. TY RNEY nT, 1'1l1n Tl !l"O t'r%TTTTr+TT T7^r"l. Mayor D. Johnson V/M M. Glicksman C/M. W. Fal.ck C/W. H. Massaro C/M. 0. Tucker 16 r% - 286 AGREEMENT THIS AGREEMENT entered into this day of December, 1975 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 COUNTY WASTE, INC., a Florida corporation, herein- after referred to as "COLLECTOR". WITNESSETH: WHEREAS, the City desires to provide the residents of condominiums in the City 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 for the said condominium dwellings within the City of Tamarac, Florida; and WHEREAS, the bid of the Collector has been deemed to be in accordance with the specifications furnished to bidders and the Collector has been deemed to have the experience, competence, and the financial ability to carry out required services and to have made the lowest acceptable bid. 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 year, beginning November 1, 1975, and ending October 31, 1976. 2. The Collector will collect from each condominium dwelling unit having received a Certificate of Occupancy at least twice weekly, garbage and trash 0 from dumpster containers provided by the Collector. The City will not be responsible for pick --ups exceeding twice a week. The condominiums will be responsible for additional pick-ups if the amount of refuse generated requires that pick- up be made more than twice a week. This agreement is predic- ated upon pick-ups made twice a week allowing for a maximum container size of four yards per 50 occupied units. 3. Collector shall pick 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. Collector shall maintain liability insurance on all equipment operated in the City for bodily injury and prop- erty 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 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 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 contract and compliance with all terms and conditions hereof Collector shall be entitled to the return of such bond. n dM 6. The City 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 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 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 sub- stantially impossible, Collector agrees that the City shall have the right to take temporary possession of the equipment of Collector normally used to collect garbage within the municipal limits of the City and to operate the same until Collector is able to resume its obligations under this contract. In the event City elects to exercise the authority given it under this paragraph, it shall be reimbursed for all expenses incurred by it for labor, materials and other similar items, whether the same be direct or indirectly incurred by it in exercising such power, such reimbursement to be made by Collector to City upon the submission of weekly invoices by City to it. 8. 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 indirectly from its operations pursuant to the contract 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 C4 r�•n � r� - 3- 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 the contract. 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 the contract. 9. The contract may not be assigned by the Collector nor may work be subcontracted, 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 or subcontracting party shall be equal. to or greater than the service being rendered by the Collector hereunder. No such assignment, or subcontract shall relieve the contractor iof its duties and obligations under the contract. 10. Payment by the City to the Collector for services provided herein shall be on a monthly basis, computed on the number of condominium dwelling; units having received a Certi- ficate of Occupancy as of the last day of the previous month, payable not later than the 15th day of each month. Computations are to be based on the monthly "Tamarac Utilities, Inc., Dwelling Inventory", plus such other City records as are required to determine the number of condominium dwelling units having received a Certificate of Occupancy and thereby being subject to the requirements for garbage and trash service. 11. The City agrees to pay the Collector C;-r V t I for garbage and trash collection service based upon the agreed fee of $1.95 per month per condominium dwelling unit having received a Certificate of Occupancy. 12. In the event 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 any other person to pay such indebtedness under any prior agreement or liability. IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written. ATTEST: CITY OF TAMARAC BY MAY O R�S� ATTEST: CITY MANAGER CITY CIfElfK I HEREBY CERTIFY that I have (Corporate Seal) approved the form and correctness of this Agreement. >! J CITY ATTORNEY COUNTY WASTE INC. BY resident' ATTEST: SECRETARY. 3 �• (Corporate Seal) -5- STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared DWIGHT E. JOHNSON, EDWARD A. GROSS and PEGGY M. TWICHELL, well known to me to be the Mayor, City Manager and City Clerk of the CITY OF TAMARAC, a Municipal Corporation, and they severally acknowledged executing this Agreement in my presence freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true and correct corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this % y day of December, 1975. NO ARY PIJBLIC y My Commission Expires: swx.j `w Ma STATE OF FLORIDA COUNTY OF BROWARD ) SS: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County / aforesaid to take acknowledgments, personally appeared r V /G 1(-)R C vge < L I and tl ��� �G is well known to me to be the President and Secretary respectively of the corporation and they severally acknow- ledged executing this Agreement in my presence freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County c-7 � and State last aforesaid this :''Z day ,of pbc ember, 1975. a My Commission Expires: Nofrr, au! iir, n cO,, F- ;da bt L0790 r; n •r j~y, i` Coojmn 5sioa 'cxpirn Muy 5, 1978 - 6- Band -A i:y Ameritan Fire & Casualty Co. w to SLMP l ' ;ii.I-P)a. ;e and trash col -lec:t i on service for- the C:i ty oC '1':amarae for ono (l.) year bef- i.nni_n; A;o�rembc::r a. IP7:; throll ;h Octok)er 31, 1976. The City is inviting bid,,-; for garn:.i.g,e r,.nd tr: a-sh c'ol..tc'ct i.On Lo be Picked tip -hVice We"kly in tainors at COI1ClolIlin-it'_;:1:; who electt. to have thl:, i i-ty" provide this Service. The bids she. l.a. be l_)<:)sed on the Cost per month per occupied unit: �.i.. Collector furni-shing Di. MPster - K) . CLI.::(t 1i11Ca:t' ft.irnishing Dutzipster - 1.75 'Pile (.'_i t.y r'es-.-r:'es the right to accept or re jec:t any or all bids. - es or variati-(BiEdtC to J, )nv ridic2Llz to thC' Cit:r' "..j7C'cific:-3.i;ionS, torms and conditions_ IN %), riI ::.'. 01. ] � i cl cl :.r : Mailing 2\rlc.1, E-ss County Waste of Hroward. Tno. 2209 S.W. 58th Way City .- State, - Zi-P: Hollywood, Florida 33023 Telephone Numb �r and Area Code: 962-1904 I <).,tr c: to abide by all conditions o-t' this bid and certify thal, 'I a.rn atithorized to sign for the bidder. Authorized signature _ _Mario Cinelli. Trees. Al.ithorized sienna ure (typed) T1 tle D,i.t(_ : October 23, 1975