HomeMy WebLinkAboutCity of Tamarac Resolution R-76-095Proposed by: ��l.J e-" Temp. # 573
Introduced by: 0 /M ICE Wu�
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. j - 5
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 at
condominiums, and
WHEREAS, the Council has previously, by Resolution #76-72,
awarded said bid to County Waste, Inc. of Broward County; and
WHEREAS, the Council is desirous of 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
authorized to enter into a contract with County Waste, Inc. of
Broward County 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 1st, 1976 and ending
October 31st, 1977.
PASSED, ADOPTED AND APPROVED this'
ATTEST:
I HEREBY CERTIFY that I
have approved the form and
correctness of this RESOLUTION.
CITY ATTORNEY
1976.
RECORD Or COMM VOTE
MAYOR "i'l. FAIL K
V/M H. MASSARO�
C/W M. KELCH �
CJM 0. TUCKER d k
CIM M. WEINBERGER 0,bS�,�
AGREEMENT
THIS AGREEMENT entered into this c;q & day of
1976 by and between the CITY OF TAMARAC,
Licipal
a Corporation, existing under the laws of the
State of Florida, hereinafter referred to as "CITY", and
COUNTY WASTE, INC., a Florida corporation, hereinafter
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
I: !s
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, 1976,
and ending October 31, 1977.
2. The Collector will collect from each
condominium dwelling unit having received a Certificate of
Occupancy at least twice weekly, garbage and trash from
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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
predicated 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.
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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 substantially
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
this
City elects
it
to exercise the authority given it under
shall be reimbursed for all expenses incurred
paragraph,
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 proceedings brought thereon, and from and against any orders
-3-
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
of 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 re-
quired 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 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 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.
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this AGREEMENT.
ATTEST:
1
CITY ATTORNEY
SECRE Y
ATTEST:
CIT CLERK
COUNTY /JWASTE , INC.
�'2
(Corporate Seal)
President
(Corporate Seal)
Fj
1
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 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 4th day of August , 1976.
OTA Y PUBLIC
My Commission Expires: NOTARY POOII� STATE QF FIORMA AT LARGE
MY commission expi ns Ict. 4,1911
Bonded t1 n k" tnV ►ce Oodenrr "
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 Victor Cinelli
and Stanley Coniglio 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 4 day of August , 1976.
My Commission Expires:
NOTARY PUB!, STATE OF FIVIA AT EAV
My cemmissi" exphs Id. 4,19i1
INAW on W91"Wonce hh1writers
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(11 XOTARY PUBLIC