HomeMy WebLinkAboutCity of Tamarac Resolution R-76-094Proposed by: U I �& 'kAassajZ--- Temp. # 572
Introduced by: C IUAJ PeICk
CITY OF TAMARAC, FLORIDA
RESOLUTION N0. % "q 7
A RESOLUTION AWARDING A CONTRACT FOR GARBAGE AND TRASH
COLLECTION IN RESIDENTIAL AREAS 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 in
residential areas, and
WHEREAS, the Council has previously, by Resolution #76-72,
awarded said bid to All Service Refuse Company, Division C, A
Florida Corporation; and
WHEREAS, the Council is desirous of entering into a
contract with All Service Refuse Company for such service.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the bid of All Service Refuse Company,
A Florida Corporation for the sum of $3.25 in residential areas,
specifically defined as single family, duplex, triplex and town
house areas (R-1, R-lB, R-2, R-3, R-3U Zones), be and is hereby
reaffirmed.
SECTION 2: That the Mayor and City Manager are hereby
authorized to enter into a contract with All Service Refuse
Company, A Florida Corporation to provide such service, at the
aforementioned rate.
SECTION 3: That a copy of such contract is attached
hereto and made a part hereof by reference.
SECTION 4: That the contract attached hereto shall be
for a period of one year beginning November lst, 1976 and ending
October 31st, 1977.
PASSED, ADOPTED AND APPROVED this c�?(OIday of 1976.
ATTEST:
CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this RESOLU ON.
CITY ATTORNEY
k-/
RECORD OF COMM VOTE
MAYOR W. A'.CK
V jM H. MASSARO
CJW M. KELCH
C jM 0. TUCKER Cl bs�
CIM M. WEINBERGER C%l bar✓
THIS AGREEMENT, entered into thiso�(o day of 1976,
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 Broward Refuse, Inc., d/b/a ALL SERVICE REFUSE COMPANY,
Division C, A Florida Corporation, hereinafter called "COLLECTOR".
W I T N E S S E T H:
WHEREAS, the City desires to provide to the residents of 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; 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 asi,gns, and shall be for a period 9€-.one (1)
Oc,rdag e Ell StPMN6,5-tz 3 0 (�
year, beginning 1, 1976 and ending 1977.
2. The Collector will collect from each single family,
duplex, triplex and town house areas (R-1, R-1B,
R-2, R-3, R-3U
Zones) at least twice weekly, on a
regular established
route the
containers of garbage or trash. The
trash shall
be placed either
in standard 20 gallon containers,
or in other containers suitable
for such purpose, but not to exceed twenty (20)
gallon capacity.
Two (2) containers left above the
specified two
containers will
be picked up without charge. All
trash shall be
picked up at the
curb.
3. The Collector shall pick
up all garbage
through the use
of modern packer type trucks, and
to dispose of
the material
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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. The Collector shall maintain Liability insurance on all
equipment operated in the City for bodily injury and property
w damage in amounts not less than 250,000/500,000 Dollars for
bodily injury in any one accident, the latter 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.
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 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 Agreement by Collector substantially impossible, Collector
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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
Agreement. 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. The 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 obligations
under the Agreement.
9. 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 Agreement 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 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 Agreement.
The Collector shall also be liable to the City for all costs,
expenses, attorney's fees and damages which may be incurred or
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1
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1
sustained by the City by reason of the Collector's breach of any of the
provisions of the Agreement.
10. Payment by the City to the Collector for services provided here-
in shall be on a monthly basis, computed on the number of residential units
(as definedin Paragraph "ll" below) completed as of the last day of the
previous month, payable not later than the fifteenth (15) day of each month.
Computations are to be based on the monthly "Tamarac Utilities, Inc. Inven-
tory of Homesites, City of Tamarac, West of State Road #7", plus such other
City records as are required to determine the number of completed residential
units subject to requirement for garbage and trash service.
11. City agrees to pay the Collector for garbage and trash collection
service based upon the following schedule:
Per Residential Unit, Curb Service Only - Three and 25/100 Dollars
($3,25) per month. Residential Units as used her ' shall be defined as
units
12. In the event that the Collector is indebted to the Ciy at the
time of the execution of this Agreement, nothing herein shall be con-
strued to abrogate or diminish the obligation of the Collector or of
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.
CITY OV TAMA�AC, FLbRIDA
By b A
-' Mayor
ES,f ATTEST:
r
't? Z
CITY MANAGER CITY ZEtRK
I HEREBY CERTIFY THAT I HAVE
APPROVED THE FORM AND CORRECTNESS
OF THIS AGREEM T.
LW
CITY ATTOR EY
BROWARD REFUSE COMPANY, INC. d/b/a
ALL SERVICE REFUSE COMPANY, DIVISION C
ZI
LECTOR
BY
President
,ter
IE4L
STATE OF FLORIDA )
SS:
COL'= OF BROWARD )
T TTGPVAV CPPTTW that on this day, before me, an.
officer duly authorized in the State and County aforesaid
to take acknowledgments, personally appeared WALTER W. FALCK,
EDWARD A. GROSS and LAURA Z. STUURMANS, 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 2 th_ day of Jules_ , 1976.
NOTARY UBLIC
My Commission Expires: NOTARY PUBIC, STATE Of ROROIA AT URGE
MY camroissioa elpires Oct. 4, loll
Booded tiro General kmirance Un4erwriters
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 Harold B. Carter
and Huey T. Carter well known to me to be the
President and Secretary respectively of the 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
corporate seal of said corporation.
WITNESS my hand and official seal in the County and
State last aforesaid this 30thday of September 1976.
TARP PUBLIC
My Commission Expires:
NOTARY PIMVPC, STATE UE RURM AT URA
My eMVSsran e>4pi�s t1d. 4,1,U91
Banded thru General Insinnce'tworiters
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