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Home My WebLink AboutCity of Tamarac Resolution R-78-087Introduced by: C-1>P1 , Temp. # 1015 3' - CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- A RESOLUTION AUTHORIZING THE FRANCHISING OF ALL SERVICE REFUSE CO. 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 ALL SERVICE REFUSE COMPANY, a copy of which is attached hereto and made a part hereof as Exhibit "A". SECTION 2: Collector shall maintain all dumpsters that it services. Collector shall comply with all applicable municipal, county and state laws, ordinances and regulations. PASSED, ADOPTED AND APPROVED this day of 1978. ATTEST: ' CI ACLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. ,/LL� E to FJ VICE MAYOR RECORD OF COUNCILaJ VOTE MAYOR W. FALCK V/M H. MASSARO ---- e— C/M 1. M. DISRAELLY C/M M. KLIKA dle'o� FRANCHISE AGREEMENT THIS AGREEMENT made and entered into in duplicate, this 5tr day of Jiinn , 1978 by and between the City of Tamarac, Broward County, Florida, a municipality organized and existing under the laws of the State of Florida, hereinafter called the "City"; and All Service Refuse Co. , a corporation 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 refuse in accordance with the provisions of Ordinance No. 74-3.7 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 suc- cessors 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. Collector shall maintain all dumpsters that it services. Collector shall comply with all applicable municipal, county and state laws, ordinances and regulations. 2. The rate to be charged shall be a matter of negotia- tion between the Collector and the customerserved and shall be dependant upon the amount of service required by the customer. In such cases, all rates to be charged shall be subject to arbitration b1' the Council Oi the - c� , l.l`j t.._ E' , �.i` i11r..�L- tc een custo:ner and Colloctor Iz.ail. 3. The collector shall bill all custo,r2rs directly on an individual basis, which billing shall be in advance on a qu, =t- erly basis unless the custoimer el cts 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 beginning May 1, 1978 based 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 250200015001000 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 agrees to provide t•:ork- rCn's Compensation Insurance for its employes in the form and "a- mount as prescribed b; lac.7. The- aforesai d liability insurance S�iLi _L 1 O_ the cit,, . Ti_e Co Lec Y .r .e _ iL":"."1L.,C1 � O ��'i� rite' � Cp7,. O� ti:e inCucz— 0011cies. The CLL'y' I-aiL bC an _^.CL" ioq, named insured In suC12 pO LLc4 es . $• To guarantee perfor_ancc by the Coliector under this.Agreement, the Collector agrees to post with the City r in cash, or the estimated amount of fran- chise fees for a three (3) month period, ilhichever su,,, is greater, ;uch sum may be applied by the City to any default by the Collector in the performance of this contract. Upon the completion of the term of this agreer:,ent 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 Agree- ment at any time wherever 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 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 upon the parties hereto, their successors and assigns and shall be for a period of one year beginning May 1 , 1�7� and ending April 30,19 79 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 Agreement, 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 liabilities incurred in and about any such claim, the investigation thereof, or*t�e defense of any action or proceedings brought thereon, cm nd z,,��^sL _ The C,' j nor_-; t CUL1 C.LOi �`!71 J da-:5 'ail ill elPL Dy t h 0 C i L Oi C1.L. <- 1� iCr C` i ,`n c.rl5lnS. Or lna� �ctl,' fro ip1S Of the Collector hereunder, for whi.cll the City might be entitled to. a claim against the Collector, under the provisions of this agre`- ment. The Collector shall also be liable to the City for all costs, e.,penses, 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 sertiive 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 -mitten. CITY OF TAi�ILARAC By I`�AYOR ATTEST - . pity Manager. BY I IIEREEY CERTIFY that I ALL SERVICE REFUSE COM ANY have approved the form and correctness of this Agreement. City attorney , I I