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HomeMy WebLinkAboutCC Resolution 8135 (MSS Review)RESOLUTION NO. 8135 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 (24TH AMENDMENT TO AGREEMENT) 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 intro- duced and adopted at a REGULAR meeting of the City Council of said City held on MONDAY the FIFTH day of I.1AR('H 19 90 , by the following vote, to wit: AYES: COUNCILMEMBERS : Boro, Breiner, Shippey, Thayer & Mayor Mut ryan NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : None JEANNE M. LEONCINI, City Clerk ROSA LO LA SNIFF N, putt' City Clerk 24TH 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". W I T N E S S E T H 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; May 15, 1989; and February 5, 1990; and WHEREAS, the parties now desire to further amend and modify said agreement in the respects hereinafter set forth; and WHEREAS, 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 20, 1966 and the amendments thereto dated October 6, 1969; June 24, 1971; Mal,- 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; May 15, 1989; and February 5, 1990 shall be and the same are hereby amended and modified in the following manner: 1. Effective March 1, 1990, the City of San Rafael will no longer regulate casual debris box rates as long as the City determines either that sufficient competition exists to control such rates, or it is in the best interest of the citizens of San Rafael to regulate debris box rates. 2. The foregoing shall not grant to any other third party the right to provide debris box service within the jurisdiction of the San Rafael City Council in the absence of formal approval by the City Council. The City Council further reserves the right to ,ontinue to regulate the debris box waste stream. 3. 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 continue in full force and effect. IN WITNESS, THEREFORE, the parties hereby have executed this agreement on the Fifth day of March 1990. CITY OF SAN RAFAEL BY LAWRENCE E. MULRYAN, Mayor Attest: JEANNE M. LEONCIOv City er MARIN SANITARY SERVICE r r ^I 1 l BY O�E H ,'.)GARBARINO, President Approved as to Form: GARY T. RAGGHIANTI, 0ty Attorney