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HomeMy WebLinkAboutCity of Tamarac Resolution R-78-088Introduced by: C/" Temp. # 1016 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 7a0n�f A RESOLUTION AUTHORIZING THE FRANCHISING OF COUNTY WASTE, INC. 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 COUNTY WASTE, INC., 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 Zr of , 1978. ATTEST: : I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. CITY ATTORNEY RECORD OF COUWCM VOTE MAYOR W. FALCK V(M H. MASSARO CAM I. M. DISRAELLY C/M M. KUKA_ a4le,. 96 FRANCHISE AGREEMENT THIS AGREEMENT made and entered into in duplicate, this 5th day of June , 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 County Waste, Inc. , 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. 74-37 , 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 s^-� 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 customer served 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 bl' t ip COunCll Oi file CJ `1 , In ,-he e,.,ent -sucli ne ;Otlat-on ue- tween custo 2r and Collector tail. 3. The collector shall to11 all custo ,2cs directly on an indi�ridual basis, Which billing shall be in advance on a qt: rt- erly basis unless the customer elocts 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 n_ater- ial collected in an area beyond the limits of the municipality in disposal sites approved by the governmental agencies having j uris- 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 accoLaits 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 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 tir_ie. 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 2503000/500,000 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 agrdes to provide t•:ork- mcn's Compensation Insurance for its employes in the fora: and a- mount as prescribed b1: laca. The aforesaid liability insurance t IZ CiLy Ti:e Collector a^ ces to furnis_I to the Cite a c o - o f t:1e aior`S�LiI 1T:suranc-:2 policies. The CiL•y' -Lnai' D^ an ac-14 ilo.naL n mod insured in suc;l policies. 8• To guarantees perfo,: ance by the Collector under this agreement, the Collector agrees to po.,t with the City in cash, or the estimated amount of fran- chise fees for a three (3) month period, whichever sum„ is greater. :uch su.^1 may be applied by the City to any default by the Collector in the performanceOf this contract. Upon the completion of the 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- went 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 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, 1978 and ending Aril 30, 1979 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 investi,ation thereof, or-tbe -Jefense of any action or proceedings brought thereon, 3_ an -!":OM 11 :11:'�t gis Or ]u� �'� 1` :i1 C.i „a .._' ed therein, The Cit-,' �i ;, , note; C�1' `; (tC) l t,le �ctcr �t 1 or receipt: b .- p y the Clt� OL <:rl;' Cl ._..1, OY act �•''♦♦ the City arisin- directly or indirectly from the op2raticas of the Collector horeunder, for Which the City mish= be entitled to a claim against the Collector, under the provisions of this Agree- ment. 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 VJJITI�ESS IMEREOF , the parties hereto affix their hands and seals the day and year first above written. ATTEST• ity Manager. I IiEREEY CERTIFY that I have approved the form and correctness of this Agreement. fiTj'AjA m *a.�O„ ity Attorney CITY OF TAti_A,AC sy_-_�� Alt.-f MAYOR 4.