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HomeMy WebLinkAboutCity of Tamarac Resolution R-77-184Introduced by=/2� r C Temp #887 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-77-1$4 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 #R-77-133 awarded said bid to County Waste, Inc. of Broward County; and WHEREAS, the Council is delirious of entering into a contract with County 'taste, Inc. for such service. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF, THE CITY OF TAMARAC, FLORIDA.: SECTION 1: Broward County, That the bid of County Waste, Inc., of for the sum of Two dollars and forty-five cents ($2.45) per unit per month for garbage and trash col- lection at condominiums is hereby reaffirmed. SECTION 2: That the Mayor and City Manager are here- by authorized to enter into a contract with County Waste, Inc. of Broward County to provide such service, at the afore- mentioned rate. SECTION 3: That a copy of such contract is attached hereto and made a part hereof by reference. SECTION 4: for a period of That the contract attached hereto shall be two (2) years beginning November 1st, 1977 and ending October 31st, 1979. PASSED, ADOPTED AND APPROVED THIS �,dZ' DAY OF /00 Ve/'7)0 1977 • RECORD OF 1UNCIL VO MAYOR W. FALCK I HEREBY CERTIFY that I have ap- proved the form and correctness of this RESOLUTION. Vf M H. MAS,SARO C/M M. WEINBER! C/M I. M. DISI C/M M. KLIKA I I I . A G R E E Al E N T THIS AGREEMENT entered into this l,dj�" day ofl'7ev& 1977) by and between the CITY OF TAMARAC, a Municipal Corpora- tion, existing under the laws of the State of Florida, herein- after referred to as "CITY", and COUNTY WASTE, INC., a Florida corporation, hereinafter referred to as "COLLECTOR". W I T N E S S E T H: 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 condo- minium 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 bid. NOW, THEREFORE, in consideration of the covenants here- in 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 years, beginning November 1, 1977 and ending October 31, 1979. 2. The Collector will collect from each condominium dwelling unit having received a Certificate of Occupancy, at least twice weekly, garbage and trash from dumpster containers provided by the Collector. The City will not be responsible for pickups__ exceeding twice a week. The condominiums will be responsible for additional pickups if the amount of refuse generated requires that pickup be made more.than twice a week. -1- I I it This Agreement is predicated upon pickups 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 muni- cipality in disposal sites approved by the governmental agencies having jurisdiction of .the area in which the dis- posal -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 latter 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 em- ployees 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 in- surance policies. The City shall be an additional named in- sured in such policies. 5. To guarantee performance by the Collector under the contract, the Collector agrees to post with the City Ten Thousand Dollars ($10,000.00) in cash, as a performance bond for the term of this Agreement. Such sum may be ap- plied 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 con- ditions hereof, Collector shall be entitled to the return of such bond. 6. The City reserves the right to terminate the con- tract at any time whenever the service provided by the Col- lector fails to meet reasonable standards of the trade, after the City gives written notice to the Collector of the -2- 1� I 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 Col- lector, 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 ob- ligations under this contract In the event City elects to exercise the authority given it under this paragraph, it shall* - be reimbursed for all expenses incurred by it for labor, mate- rials and other similar items, whether the same be direct or indirectly incurred by it in exercising such power, such reign- bursement 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 opera tions 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 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 aris- ing 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. -3-- 0 I Page is too large to OCR. R a l 1; l r affixed their hands and seals the day and year first above written. ATTE S I"/. 45, CITY MANAGER7 I HEREBY CERTIFY that I have ap- proved the form and correctness of this AGREEMENT. i o C TY TTORNEY ATTEST S �T1 CITY OF TAMARAC ATTEaT : I CI CLERK (Corporate Seal) a COUNTY WASTE, INC. By -13' f Zr�y �. � � ! • resident ,. 0 (Corporate Seal) -5- L r STATE OF FLORIDA ) CO�NTY OF BROi'1ARD) I HEREBY CERTIFY, SS: that on this day, before me, an of- ficer duly authorized in the State and County aforesaid to take a.cknoc�•ledaments , personally ly appeared WALTER W. FALCK, EDWARD A. GROSS AND LAURA Z. STUURIIANS, well known to me to the Mayor, City Manager and City- Clerk of the CITY OF TANTARAC , 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 -�- da of* - k Y �� ?, 19 7 7 . My Commission Expires: NC 1 ARY PUILI C STATE Of FLOR I DA AT LAM SAY COMMISSION EMUS US OCT .4 1481 GiJ EM 16. MDERMU j f 1 t a STATE OF FLORIDA } ` COLTINTY OF BROIVARD } I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally*appeared,_ and well known to me to CJ N-- - be the President and Secretary respectively of the corporation and they severally acknowledged executing this Agre_em-ent_,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. WITiNESS my hand and official seal in the County and State last aforesaid this day �`� 1977. Y of.� My Commission Expires: #Vi AV "JK t C STATE OF FLOR I DA AT tAKI MY C OWAISSION FORM RM OCT. 4 t" i r 5 4