HomeMy WebLinkAboutCity of Tamarac Resolution R-86-239Introduced by: ojlq Temp. Reso. #4165
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-86-_,,7.3'?
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT
WITH DURBIN PAPER STOCK COMPANY REGARDING
A RECYCLING CENTER FOR NEWSPAPERS TO BE
LOCATED EAST OF THE PUBLIC WORKS FACILITY
AT 5650 N.W. 88TH AVENUE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTIQN 1: That the appropriate City officials are hereby
directed and authorized to execute an agreement with Durbin
Paper Stock Company for newspapers to be located east of the
Public Works Facility at 5650 N.W. 88th Avenue, a copy of said
agreement being attached hereto as Exhibit "1".
SECTION 2: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this�day of ,1986.
ATTEST: MAYOR
CI CLERK
I HEREBY CERTIFY that I have �-
approved the form and correct-
ness of this RESOLUTION.
TY ATTORN RECORD OF COUNCIL VOTE
MAYOR: HART
DIST. 1: C/W MASSARO
DIST. 2: C/M STELZER .�.--
DIST. 3: C/M GOTTESMAN--
DIST.4: V/M STEIN �'"'
If
AGREEMENT
THIS AGREEMENT made and entered into an this day of
1986, by and between the CITY OF TAMARAC, FLORIDA. a
unicipal corporation of the State of Florida located in Broward
County, Florida, hereinafter referred to a:. "CITY". and DURBIN
PAPER STOCK COMPANY, a Florida corporation, hereinafter referred
to as "DURBIN".
IN CONSIDERATION of the sum of One Dollar ($1.00) paid by
DURBIN to the CITY and in consideration of .each others promises
under this Agreement, the parties hereby agree that:
1. The CITY shall provide and maintain a site, to be located
just east of the Public Works Facility at 5650 N.W. 88th Ave.,
Tamarac. Florida, on which to operate a Recycling Center.
2. The CITY shall provide signing to ensure site identification.
3. The CITY shall officially recognize and sponsor this
Recycling Center in a manner determined by the CITY to be appropriate.
4. DURBIN shall place one (1) twenty -foot roll -off container on
- the site for the purpose of buying used newspapers from the general
public.
5. DURBIN shall be responsible for providing, on a regular
basis, an attendant whose duties include:
A. Weighing recyclables, determining their value and
issuing vouchers in exchange;
B. Maintaining the safety, integrity and cleanliness of
the site during operating hours and securely locking
the containers when unattended and at the end of each
day;
C. Preventing members of the general public from entering
or otherwise being inside the containers;
D. Ensuring the orderly transfer of containers;
E. Maintaining records of site utilization, collection and
other information as may be required by the CITY.
F. Providing, in case of illness or any other cause for
absence, immediate notification to the CITY as soon as
possible of the impending absence of the attendant.
DURBIN shall subsequently provide a substitute attendant.
6. For the purposes of this agreement, DURBIN shall be an independent
contractor and shall operate on Tuesdays through Saturdays during the
hours of nine A.M. until twelve P.M. and one P.M. until four P.M. If
deemed necessary, the operating hours may be changed upon mutual
agreement by both DURBIN and the CITY.
7. DURBIN shall ensure that adequate container storage is
provided on site in order to preclude any 3isruption of the operation
and shall endeavor to turn over containers curing non -operating hours.
8. DURBIN shall maintain an active account with a bank or
banks located within the corporate limits of the CITY and situated
as near as possible to the site. Payment for recyclable materials 40
shall be made through the use of vouchers drawn on said account or
accounts.
9. DURBIN shall indemnify and save harmless the CITY from and
against all claims, suits, actions, damage , or causes of action
arising during the terms of this Agreement for any personal injury,
lose of life, or damage to property sustained by reason or as a
result of the placement of its collection container on CITY property;
and from and against any orders, judgements or decrees which may
be entered thereto, and from and against all costs, attorney's fees,
expenses and liabilities incurred in or by reason of the defense of
any such claim, suit or action, and the investigation thereof. Nothing
in this Agreement shall be deemed to affect the rights, privileges,
and immunities of cities and counties as are set forth in Section
768.28 Florida Statutes.
10. DURBIN shall maintain public liability insurance coverage
for the Recycling Center premises and operation in the amounts not
less than $100,000/$300,000. The CITY shall be named as an additional .
insured in the policy for said coverage, certification of which shall
be provided by DURBIN to the CITY (Attention: City Manager's Office)
within thirty (30) days of the execution of this Agreement and thereafter
from each policy renewal date. The CITY shall be notified in advance
of any termination or change in terms of said insurance.
11. DURBIN shall maintain Workers Compensation Insurance for
any attendants working at the recycling center.
12. This Agreement is for a term of one year and shall be
renewed from year,to year without further action of the parties, but
may be terminated by either of the parties hereto by not less than
thirty (30) days prior written notice (certified mail).
TO CITY: City Manager
City of Tamarac
5811 N.W. 88th Ave.
Tamarac, Fl. 33321-5010
TO DURBIN: Municipal Projects Director _
Durbin Paper Stock Company
2303 N.W. 70 Ave.
Miami, F1. 33122
0
C�
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year set forth below their
respective signatures.
Signed, sealed and delivered
in the presence of:
ATTEST:
City Msnmger-_-�
ATTEST:
./'.. _/i/1 VIA
ATTEST:
WITNESS
ITNES S
THE CITY OF TAMARAC
By:
MAYOR
By:
GER
DATE:
Appr ed a to form
DURBIN PAPER STOCK COMPANY
By: �Z.� E .
Albert E. Luer,
Municipal Projects Director
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement
to be executed by their duly authorized officials.
CITY OF TAMARAC
ATTEST:
s
DURBIN PAPER STOCK COMPANY
Authorized Officer or Agent
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