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Home My WebLink AboutCity of Tamarac Resolution R-77-183Introduced by ; /�� Temp . '#858 0 CITY OF TAMARAC, FLORIDA RESOLUTION N0. R 77- g 3 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, ad- vertisement for invitation to bid has been placed, and WHEREAS, pursuant to said invitation, bids have been re- ceived for the contract for garbage and trash collection in resi- dential areas, WHEREAS, and the Council has previously, by Resolution #R-77-134 awarded said bid to ALL SERVICE REFUSE COMPANY, Division C, a Florida corporation; and WHEREAS, the Council is desirous of entering into a con - tract 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 $3.60 in residential areas, specifically defined as single family, duplex, triplex andtown house areas (R-1) R-lB, R-2, R-3, R-3U Zones) , 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 two (2) years, beginning October 1, 1977 and ending September 30, 1979. PASSED, ADOPTED AND APPROVED THIS day of _ ` 1977. \�� - � I \ 4.L—Js C MAYOR ATTES�: Orlp-OoD OF C MAYOR wo FALcK_.� VjM b, MASSARD I HEREBY CERTIFY that I have approved GIM M. WEINSER00-'.-A the form and correctness of this RESOLU- CIM Is M. DISRAELLY� NCIL VOTE Cily Attorney No Text AGREEMENT THIS AGREEMENT, entered into this /� day of 1977) by and between the CITY OF TAMARAC, a Municipal Corporation, exist- ing 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, "COLLECTOR". W I T N E S S E T H: hereinafter called 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 assigns, and shall be for a period of two (2) years, beginning October 1, 1977, and ending September 30, 1979. 2. The COLLECTOR will collect from each single family, du- plex, 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 con- tainers 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 -1- I I 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 damage in amounts of not less than 250,000/500,000 Dollars for bodily injury in any one accident, the latter figure foracci- dents involving more than one_person; and ro ert damage in- surance Y g surance in an amount of not less than Twenty-five Thousand Dollars ($25,000.00) for one accident . Further, the COLLECTOR _s-hal l pro- vide p vide workmen's Compensation Insurance for its employees in the i 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 con- tract, the COLLECTOR agrees to post withtheCity, Ten Thousand Dollars ($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 def ault 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 en- titled 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 ser- vice 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 -2- No Text agrees that the CITY shall have the right to take temporary possession of the equipment of COLLECTOR normally used to col- lect garbage within the municipal limits of the CITY and to operate the same until COLLECTOR is able to resume its obliga- tions under this Agreement. In the event CITY elects to exercise the authority given it under this paragraph, it shall be reim- bursed 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 written approval of the CITY. 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 here- under. 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 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 di- rectly 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 I - 3- No Text 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 herein shall be on a monthly basis, as set forth in paragraph 11 below. Computations shall be furnished to the COLLECTOR by the CITY on a semi-annual basis as of October 1 and April 1, during the term of this contract and shall constitute the units chargeable by the COLLECTOR, in each respective six month period at the rate set forth in Paragraph 11 below,---- 11. CITY agrees to pay the COLLECTOR for garbage and trash collection service based upon the following schedule:_ For Residential Unit, Curb Service Only - Three dollars and 60 cents ($3.60) per month. Residential Units .as used herein shall be defined as units not normally occupied by Renters* In the event the cost of operations to the COLLECTOR, in- cluding fees for disposal and/or fuel, increase during the term of the contract, the COLLECTOR may renegotiate the terms of the contract with the CITY. 12. In the event the COLLECTOR is indebted to the CITY at- the time o.f the execution of this Agreement, nothing herein shall. be construed 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. I HEREBY CERTIFY THAT I HAVE APPROVED THE FORM AND CORRECT- NESS OF THIS AGREEMENT ATTEST: 40 CITY OF TAMARA 0 FLORIDA BROWARD REFUSE COMPANY, INC. d/b/a ALL SERVICE REFUSE COMPANY, DIViISION C WM resident No Text STATE OF FLORIDA ) COUNTY OF BROWARD) SS: I HEREBY CERTIFY, that on this day, before me, an of- ficer 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 the mayor, City Manager and City Clerk of the CITY OF TAMARAC, a Municipal Corporation, and they severally acknowledged executing this Agree- ment 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 corpora- tion. WITNESS my hand and official seal in the County and State last aforesaid this__day of 1977. 11 My Commission Expires: Not,urr n,nIt STATE of KoAiD+► At u" Mr corMIssiar oP I Is OCT . 4 1981 sew= nWu GBARl1t NS. uNDERwR1aS 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 /4rDt,,L and �uel well known to me to be the President and Secretary respectively of the corporation and they severally acknowledged executing this Agre-em- ent:_ * 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 v day of 1977. My Commission Expires: W►TAV fuel t C STATE OF FLOR ! 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