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HomeMy WebLinkAboutCity of Tamarac Resolution R-77-014Temp. #_7 _ Proposed by. it Introduced by: CITY OF TAMARAC, FLORIDA RESOLUTION NO. � - I I - A RESOLUTION AUTHORIZING THE RENEWAL OF THE FRANCHISE OF RONKOMA CORPORATION. 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 RONKOMA CORPORATION, a copy of which is attached hereto and made a part hereof as Exhibit "A". PASSED, ADOPTED AND APPROVED Amm'Po.m. this-C:7?4 I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. 7E 1 DER / s FRANCHISE AGREEMENT THIS AGREEMENT made and entered into in duplicate, this day of ,197 by 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".; Cityt� , and 0 Y1 ko rYla.. Corpa 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 y 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 as.-�igns, the right and privilege to operate a garbage and tras 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 y jr businesses and other enterprises requiring such services within the municipal limits of the City. 2. The rate to be charged shalt 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 -t b �:har d eh 1, ,be:; subject : to ,arbitration a r s by the Council of the City, in the event such negotiation be-- y g 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. 1 4 . The Collector agrees to pick up all garbage. through the use of modern packer typo trucks and to dispose of all matey-- ial collected in an area beyond the limits of the municipality in y disposal sites approved by the governmental agencies having jurise"? 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 a sun of money y 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 based upon monthly collection 's.* 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 r6sp6Gting the accounts within the City at any reasonable time. 7. The Collec»t.or .a rees to maintain- liability 'insura nce - 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 bodiam ly injury in any one accident the former f ig ure for accidents inam volving more. than one person; and property damage insurance in an amount of not less than Twenty- fi,vre_ ,Thousand . Dollars ($25,000,00) for one accident. Further, the Collector agrees to provide work-- men s Compensation Insurance for its employees in the form and a-- C mount as prescribed by law. The aforesaid liability insurance 2. • 4 � � the City. The Collector agrees to furnish to the. City copy a co of the aforesaid insurance policies. The City shall be an. additional named insured in such policies, 80 To guarantee performance b the Collector under g p Y this Agreement, the Collector agrees to post with the City .0.9. C:40 - . 00 in cash or the estimated amount of fran-- chise fees for a three (3) month period, whichever sum is reater. P � g Such sum may be applied by the Cityto an default b the Collector Y Y in the performance of this contract. upon the completion of the terns of this agreement and compliance with all terms and conditions hereof, Collector shall be entitled . to the :return of such bond. 90 The City reserves the right to terminate this Agree- meet 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 sere* vice and the Collector fails .: to correct the deficiencies as set forth in the written notice within fourteen (14) days of the re-- v` ceipt by the Collector of such notice from -the City. 10. This Agreement shall be binding upon the parties hereto, their successors and assigns and shall be for a period of 4.'nning a d ending�be . 11. Collector shall indemnify and save harmless the City from and 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 ari..sing directly or indirectly from its operations pursuant to this Agree-W ment 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, 3. Page is too large to OCR.