HomeMy WebLinkAboutCC Resolution 9766 (MSS Collection)RESOLUTION NO. 9766
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF SAN RAFAEL AND MARIN SANITARY SERVICE
TO IMPOSE A FEE ON THE COMPANY FOR THE
EXCLUSIVE COLLECTION OF REFUSE AND
RECYCLABLE MATERIAL (291h AMENDEMENT TO
AGREEMENT) (Annual Fee of 10% of Company's Gross
Receipts)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS:
The MAYOR and the CITY CLERK are hereby authorized to execute, on behalf of the City
of San Rafael, an amendment to the agreement between the City of San Rafael and Marin Sanitary
Service ( the 29" Amendment) establishing an exclusive refuse and recycling collector fee, a copy
of which is attached hereto and by this reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of the City of San Rafael, held on Monday, the 6h day of January, 1997, by the
following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
JEAWE M. LEO NCINI, City Clerk
TWENTY-NINTH (29TH) AMENDMENT TO AGREEMENT
OF THE CITY OF SAN RAFAEL WITH MARIN SANITARY
SERVICE
The parties hereto are the CITY OF SAN RAFAEL, a municipal corporation organized and
existing under and by virtue of the laws of the State of California, hereinafter referred to as
"CITY", and MARIN SANITARY SERVICE, a California corporation, hereinafter referred to as
"COMPANY".
Recitals
WHEREAS, the parties have previously entered into a written agreement dated June 20,
1966 relating to the collection of all refuse from within the City of San Rafael, and have previously
amended the same agreement pursuant to written amendments dated October 6, 1969; June 24,
1971; May 15, 1972; June 17, 1974; January 17, 1977; January 2, 1979; January 21, 1980; October
6, 1980; July 6, 1981; August 19, 1982; January 17, 1983; September 6, 1983; January 3, 1984;
October 15, 1984; February 18, 1986; September 21, 1987; February 1, 1988; April 17, 1989; May
15, 1989; February 5, 1990; March 5, 1990; January 22, 1991; January 21, 1992; December 19,
1994, and June 15, 1995; and
WHEREAS, the parties have determined that COMPANY should pay to CITY a fee as
part of its consideration for the rights and privileges granted to it by CITY under this agreement and
amendments; and
WHEREAS, the parties now desire to further amend and modify the agreement, as
amended, to provide for the establishment of such a fee; and
WHEREAS, CITY has determined that such further amendment and modification of the
agreement is proper, is in the best interest of all its citizens, and will promote the public health,
safety and welfare.
NOW, THEREFORE, the parties mutually agree that the written agreement between the
parties dated June 20, 1966 and the amendments to the agreement dated October 6, 1969; June 24,
1971; May 15, 1972; June 17, 1974; January 17, 1977; January 2, 1979; January 21, 1980; October
6, 1980; July 6, 1981; August 19, 1982; January 17, 1983; September 6, 1983; January 3, 1984;
October 15, 1984; February 18, 1986; September 21, 1987; February 1, 1988; April 17, 1989; May
15, 1989; February 5, 1990; March 5, 1990; January 22, 1991; January 21, 1992; December 19,
1994, and June 15, 1995; shall be and the same are hereby amended and modified in the following
manner:
1. Section 11 on page six(6) of the original agreement is renumbered section 12, and a new
section 11 is added to read as follows:
COPY
"11. As further. consideration for the granting by CITY to
COMPANY of all of the rights and privileges under this agreement
and the amendments thereto, COMPANY agrees to pay CITY an
annual fee of 10% of COMPANY's gross receipts. This fee shall be
paid monthly, on the fifteenth of each month, computed on the
previous month's gross receipts."
2. Other than as specifically amended and modified herein, the original agreement between the
parties (June 20, 1966) and the amendments thereto are hereby ratified and confirmed to be
and continue in full force and effect.
IN WITNESS, THEREFORE, the parties have hereby executed this amendment to the
agreement, as amended, on the 6" day of January, 1997.
CITY OF SAN RAFAEL MARIN SANITARY SERVICE
W,ay AL ERJ.J. BORr
ATTEST:
.�
ON
fkXNNE M. LEIlVI, City Clerk
APPROV,D FORM:
GARY T. RAGGHIANtI, City Attorney
2