HomeMy WebLinkAboutCity of Tamarac Resolution R-1976-003Proposed by: C_r1- -), C
Introduced by: �,j Y-np�i�Ez
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. '"T ---j
A RESOLUTION AUTHORIZING THE RENEWAL OF THE FRANCHISE
OF SOUTHERN SANITATION COMPANY.
WHEREAS, the Code of the City of Tamarac authorizes the
City to enter into franchise agreements with garbage and trash
collectors, and
WHEREAS, the City Council is desirous of renewing said
franchise.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the Mayor and City Manager are hereby
authorized to enter into a franchise agreement for collection of
garbage and trash with SOUTHERN SANITATION COMPANY, a copy of
which is attached hereto and made a part hereof as Exhibit "A''
PASSED, ADOPTED AND APPROVED this day of , 1976
ATTEST:
CITY CLERK
I HEREBY CERTIFY that I
have approved the form and
correctness of this RESOLUTION.
CITY ATTORNEY
RECORD OF COUNCIL VOTE
Mayor D.E. Johnson
V/M M. Glicksman
C/M W. Falck
C/W H. Massaro
C/M 0. Tucker
FRANCHISE AGREEMENT
THIS AGREEMENT made and entered into in duplicate,
this 5th day of January ,1976 by and between the City
of Tamarac, Broward County, Florida, a municipality organized
and existing under the laws of the State of Florida, herein --
Southern Sanitation Service, a division of
after called the "City"; and Waste Management, Inc, a corpor-
ation organized and existing under the laws of the State of
Vlorida, hereinafter called the "Collector".
WHEREAS, the City desires to provide an efficient
method of refuse collection within the limits of the City;
and
It 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, 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 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 scrved and
shall be dependant upon tho amount of service required by rh(: C1sSt0:Je-C.
In such cases, all rates to be charged. shall be subject to arbitration
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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 governmental agencies having juris-
diction of the area in which 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 (10%) of the gross billings from all accounts
served within the limits of the municipality. The aforesaid pay --
meats shall be made on or before the tenth (10th) clay of each month
beginning based upon monthly collections.
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b. 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.
%. 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 Collector agrees to provide V.or
ME111's Compensation lnsuranc,�- for its employees in the Form and a--
riount as prescribed by law. The aforesaid liability insurance
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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
go r"D in cash, or the estimated amount of fran-
chise fees for a three (3) month period, whichever sum i.s greater.
Such suns 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
-4-es written notice to the Collector of the deficiencies in ser-
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.
1.0. This Agreement shall be binding upon the parties
hereto, their successors and assigns and shall be for a period of
beginning December 8, 1975 and endingDecember 7, 1-989
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
directly or indirectly from its operations pursuant to this Agree-
ment and from and against all costs, counsel fees, expenses and
liabilities incurred inand about any such claim, the invest-ication
thereof, or the defense of any act -ion or proceedings brought thereon,
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and from and against any orders or judgments which may be enter-
ed therein, The City shall notify the Collector within ten (1.0)
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
claj.m 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 may be incurred
or sustained by the City by reason of the Collecto-r'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 CiLy 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 vm1der this Agreement.
IN WITNESS �MEREOF, the parties hereto affix their_ hands
and seals the day and year first above written.
&TY OF TAMAhAC
MAY 0R
ATTEST:
City Manager
SOUT119RN SANIT
A N, INC.
r
ut orized_ lgnature V,cia
I HERt;?3Y CERTIFY that I
have approved the form
and correctness of this
Agreement.
�it:.y Attorney
!T, 1• m� 4.
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