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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� �J 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 • 11 1