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HomeMy WebLinkAboutCC Resolution 9275 (MSS Franchise Agreement)RESOLUTION NO. 9275 A Resolution Authorizing the Signing of a Contract, Lease or Agreement THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with Marin Sanitary Service (27th Amendment) Extending Franchise Agreenent to December 31, 2014 a copy of which is hereby attached 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 said City held on MONDAY, the 19TH day of DECEMBER , 19 94 , by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to Conflict of Interest) JE NE M.LEONCINI, City Clerk 0RIGIPdA Iq,s i 27th Amendment to Agreement 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". WITNESSETH WHEREAS, the parties have heretofore entered into a written agreement dated June 20, 1966 relating to the collection of all refuse from within the City, and have amended the same pursuant to documents dated October 6, 1969; June 24, 1971; May 15, 1972; July 1, 1974; January 17, 1977; and January 2, 1979; January 21, 1980; October 6, 1980; July 6, 1981; August 16, 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; and May 15, 1989; February 5, 1990; March 5, 1990; January 22, 1991; and January 21, 1992. WHEREAS, the parties now desire to further amend and modify said agreement in the respects hereinafter set forth; and WHEREAS, the City has determined that said further amendment and modification is proper and in the best interests of its citizens. NOW, THEREFORE, it is mutually agreed that the written agreement between the parties dated June 201 1966 and the amendments thereto dated October 61 1969; June 24, 1971; May 15, 1972; July 1, 1974; January 17, 1977; and January 2, 1979; January 21, 1980; October 6, 1980; July 6, 1981; August 16, 1982; January 171 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 and January 22, 1992 shall be and the same are hereby amended and modified in the following manner: 1. Paragraph 1 and 2 of the agreement dated October 6, 1980 (Amendment No. 8) is amended to read as follows: hS OLIN WOO 1v ; Company shall have the exclusive right and privilege to collect all refuse within the territorial limits of the City, pursuant to any applicable ordinance or ordinances now in effect or hereafter enacted by City, from the date hereof through December 31, 2014. 2. Other than as specifically amended and modified, the aforesaid agreement between the parties dated June 20, 1966 and the aforesaid amendments thereto are hereby ratified and confirmed to be and continued in full force and effect. IN WITNESS, THEREFORE, the parties hereby have executed this agreement on the Attest: 19th day of DECEMBER , 1994. JEA NE M. LEONCINI, City Clerk CITY OF SAN RAFAEL BY 4J.ORO,- Mayor MARIN SANITARY SERVICE i BYE/'%/ �OS H GARBARINO, President M r n Sanitary Service Approved a Form: GARY T. RAGGHIANTI, City Attorney