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HomeMy WebLinkAboutCity of Tamarac Resolution R-1976-003Proposed by: C_r1- -), C Introduced by: �,j Y-np�i�Ez 1 1 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 r 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. t - 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 2. 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, Ll 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. r,�