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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 ,�0 Q'i"i'M. Kr_ C/M 0, TUCKER CAM M. WEI NK-RG FR 977. al+ tN: 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 f � yr r 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 g p Y reo. in cash or the estimated amount of fran-chise fees for a three (3) month period., whichever sum is greater., p � g 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.