HomeMy WebLinkAboutCity of Tamarac Resolution R-76-154Pro sed b , —T-
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Introduced by: C' I co k(2 k"_ C -t
Temp. # 627
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 1 7'
A RESOLUTION AUTHORIZING THE FRANCHISING OF COUNTY
WASTE, INC.
WHREAS, the Charter of the City of Tamarac and Chapter 11 of
the Tamarac City Code authorizes the City to enter franchise 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 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.
PASSED, ADOPTED AND APPROVED this day of )D nX�()RP--%Z ,1976.
U iC�E YOR % AC j - i t`ti G I,V ► YC�(�.
ATTEST:
I HEREBY CERTIFY that I have approved
the form and correctness of this Resolution.
William Gemnill;,City Attorn y
s
RECORD OF Cr)UNCIL VOTE
MAYOR W. FA!!
V/M H. M1,1163A-
C/W M. KELCEt,
C/M 0. TUCKER
C/M M. WEINBE
FRANCHISE AGREE?1Er:T
THIS AGREEMENT made and entered into in duplicate,
this _day of I)G) E'V 197(Oby and between the City
of Tamarac, Broward County, Florida, a municipality organized
and existing under the laws of the State of Florida, herein-
after called the "City" and ) W v 4'w 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 collection within the limits of the City;
and
WHEREAS, the Collector is desirous of collecting
refuse in accordance with 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 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 sucb 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 served and
shall be dependant upon the amount of service required by the customer.
In such cases, all rates to be charged shall be subject to arbitration
by the Council of the City, in the event such negotiation be-
traeen customer and Collector fail
3. The collector shall bill all custo-tzrs 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 aCP
gencies 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-
ments shall be made on or before the tenth (10th) day of each month
beginning IC"11 6 , based upon 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 Collector agrees to provide Work
rien's Compensation Insurance for its employees in the form and a-
mount as prescribed by la7,7. 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.
8. To guarantees 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, whichever sum is greater.
uch suni 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
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gives 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 no -.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
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beginning)3� 1 l 7lQ and endingJ'M ri�li.
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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 in and about any such claim, th'e investigation
thereof, or the .defense of any action 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 (10)
days of receipt by the City of any claim, suit or action against
the City arising directly or indirectly fro:,i the operations of
the Collector hereunder, for which 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, 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 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 Agreement.
IN WITNESS WHEREOF, the parties hereto affix their hands
and seals the day and year first above written.
ATTEST-''
'City Manager
f
I HEREBY CERTIFY that I
have approved the form
and correctness of this
Agreement.
City Attorney
By
County Waste, Inc
By Vti.
Countpiaste,nc.
4.