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HomeMy WebLinkAboutCC Resolution 7294 (MSS 16th Amendment)RESOLUTION NO. 7294 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 AS AGENT FOR MARIN RECYCLING AND RESOURCE RECOVERY ASSOCIATION (16th AMENDMENT TO AGREEMENT) . EFFECTIVE MARCH 1, 19861, 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 Reqular meeting of the City Council of said City held on Tuesday the 18th day of FPhr„ary 19 86 , by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEA/1BERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, City Clerk lit Un R I Gr' 11"1' A I 16TH 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", as agent for MARIN RECYCLING AND RESOURCE RECOVERY ASSOCIATION. 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; January 2, 1979; January 21, 1980; October 6, 1980; July 6, 1981; August 16, 1982; January 17, 1983; September 6, 1983; January 3, 1984; and October 15, 1984. 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; and WHEREAS, Company, pursuant to the provisions of said Agreement as amended has requested consent to charge a recycled materials collection charge for each residential unit located within the boundaries of City of $.60 per month per residential unit; and WHEREAS, City acting by and through its City Council has reviewed in public meeting the financial data and documents presented by Company in support of its request for such $.60 per month recycled materials collection service charge; and WHEREAS, City acting by and through its City Council finds and deems that said $.60 charge per residential unit for recycled materials collection is proper and not excessive and is consistent with comparable charges made in the surrounding communities. NOW, THEREFORE, it is mutually covenanted, promised and agreed that the written agreement between the parties dated June 20, 1966 and the amendments thereto dated October 6, 1969; June 24, 1971; May 15, 1972; July 1, 1974; January 17, 1977; January 2, 1979; January 21, 1980; October 6, 1980; July 6, 1981; August 16, 1982; September 6, 1983; January 3, 1984; and October 15, 1984, shall be and the same are hereby amended and mo,- ed in the following manner: 1. The _,;hedule of rates and servit.,es approved by the FIFTEENTH AMENDMENT TO AGREEMENT by and between the City of San Rafael and Marin Sanitary Service dated the 18th day of February 1986 is amended by adding the following language: RECYCLED MATERIALS COLLECTION CHARGE: Marin Sanitary Service is authorized to charge a sum not to exceed Sixty Cents ($.60) per month effective March 1, 1986, for each residential unit located within the boundaries of the City of San Rafael, whether single family residential, duplex, apartment, townhouse, or condominium. Said charge shall be collected only so long as Marin Sanitary Service, individually or as part of the Marin Recycling and Resource Recovery Association provides recycling services to the residents of the City of San Rafael at its present level of service. 2. Except as otherwise herein expressly provided, all rates for services provided by or through Marin Sanitary Service shall remain unchanged at the rates heretofore authorized by the City Council of the City of San Rafael. 3. Other than as specifically amended and modified, the aforesaid agreement between the parties dated June 20, 1.966 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 18TH day of February 1986. ATTEST: • - J NE M. LEONCIN , C1 y Clerk Approved as to Form AA GAgY T. ,AAG HIANT'1' Ciiy Attorney CITY OF SAN RAFAEL tA LAWRENCE E. MUL�N,ayor MARIN SANITARY SERVICE B UIDO D. ZAN I, President For and on b16yalf of Marin Recycling & Wesource Recovery Association