HomeMy WebLinkAboutCity of Tamarac Resolution R-77-015Proposed by: dlz'�7 f&,(���j Temp,
Introduced by: f� ����
+ice CITY OF TAMARAC, FLORIDA
RESOLUTION NO . R
n 67S
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
franchise.
is desirous of renewing said
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION l:
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
ATTEST:
I HEREBY CERTIFY that I
have approved the form and
correctness of thi s O RESOLUTION .
TY ATTORNEY
MAYOR1 4 ��
QF COYNCIL VOTE
A IftC
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Q'i"i'M. Kr_
C/M 0, TUCKER
CAM M. WEI NK-RG FR
977.
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FRANCHISE AGREEMENT
THIS AGREEMENT made and entered into in duplicate,
this day of,/ ., ; �,197b by and between the City
of Tamarac, Broward County, Florida, a municipality organized
and existing under the laws of the State of Florida, herein-
of ter called the "City"; and '� Go. , a corpor-
ation organized and existing under the laws of the State of
Florida, hereinafter called the "Co l lectors' .
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.
T 1,. 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 served and
shall be dependant upon the amount of service required by the customer.
In such cases, all rates to-- be -charged ..$had 1.-_ be subject to arbitration
ek�
by the Council of the City, in the event such negotiation beam.
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-
ments shall be made on or before the tenth (loth) day of each* month
beginn ing 1".--eC,'001;;7- fir'` used 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 agr'ees to provide Work-
ments Compensation Insurance for its employees in the form and- a-
mount as prescribed by law. The aforesaid liability insurance
4
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the City. The Collector agrees to furnish to* the CitYa copy of
the, aforesaid insurance policies. The City shall be an- addit onal
named insured in such policies,
8. To guarantee performance by the Collector unde
r
this Agreement, the Collector agrees to post with the City
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reo. in cash or the estimated amount of fran-chise fees for a three (3) month period., whichever sum is greater.,
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Ouch sum may be applied b the City to an default b the Collector
pP Y Y Y Y
in the performance of this contract. U on the completion of the
p p
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 Ag ree�-
meat at any time whenever the service provided by the Collector
fails to meet reasonable standards of the trade, after the City
Y
gives written notice to the Collector of the deficiencies in servo
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.
10. This Agreement shall be binding parties
u on the
P
hereto, their successors and assigns and shall be for a period of
beginningD9C-46,&e- ' i and ending 'e ' 46 77
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 Agreements 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
liabilitiesincurred in and about any such claim, the investigation
thereof , or the defense of any action or proceedings brought thereon,
3.
By
Earl EOhl
By:_
H
and from and against any orders or judgments Which may be enter-
ed therein, The City shall notify the Collector within ten (10)
d"ys of receipt by the City of an claim suit or action a a 0 St.
y g
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 this Agree -
anent. 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:
r
Waste Management, Inc. of Flo-rida
DBA Southern Sanitation Service
ity Manager
I HEREBY CERTIFY that I
have approved the form
and correctness of this
Agreement. (I I
Cit3
d
c. Vice Pres.
Secy.