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HomeMy WebLinkAboutResolution No. 6371 (Collection of Recycled Materials)RESOLUTION NO. 6371 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DESIGNATING MARIN RECYCLING AND RESOURCE RECOVERY ASSOCIA- TION AS FRANCHISEE FOR RECYCLED MATERIALS COLLECTION AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH MARIN RECYCLING AND RESOURCE RECOVERY ASSOCIATION FOR THE PURPOSE OF PROVIDING SERVICES FOR THE COLLECTION OF RECYCLED MATERIALS WITHIN THE CITY WHEREAS, pursuant to the San Rafael City Charter, Article III, Section 39, the Council of the City of San Rafael may provide for the collection and disposal of recyclable materials; and WHEREAS, the City Council finds that it is in the public interest and service to promote the general welfare of the City to establish a recycling and resource recovery program for the collection, disposal, and recycling of metals, glass, and paper placed at curbside within the City and that such a program will benefit all residents of San Rafael; and WHEREAS, the City Council has adopted an ordinance amending the San Rafael Municipal Code by adding Chapter 9.18 thereto, establishing said program and providing for contractual services to carry out said program; and WHEREAS, the San Rafael Municipal Code, Chapter 9.18, Section 9.18.080 authorizes the City Council to designate any responsible business organization qualified to conduct said recycled materials collection program as the City's official recycled materials collector and authorizes the City to enter into a contract with said designated franchisee for the collection of recycled materials specifying the term of said contract, rates of collection, frequency of collection, and other appropriate provisions; and WHEREAS, the City Council finds that Marin Recycling and Resource Recovery Association is and has been performing the collection of recycled materials within the City in a competent and satisfactory manner and is qualified to conduct said recycled materials collection program as the City's official recycled materials collector, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that: 1. The City Council does hereby designate Marin Recycling and Resource Recovery Association as the City's official recycled materials collector; ORIGINAL RESOLUTION NO. 6371 2. The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, a contract between the City of San Rafael and Marin Recycling and Resource Recovery Association by and through its agent, Marin Sanitary Service, relating to the provision of recycled materials collection services within the City of San Rafael, a copy of which is attached hereto and by this reference made a part hereof. I, JEANNE M. LEONCINI, City 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 the 16th day of _ August , 1982, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS:Jensen ABSENT: COUNCILMEMBERS:None va NE M. LEONCINI, City Clerk 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. lnlmm-w\ , 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, 1 97 9, January 21, 1980, October 6, 1980, and July 6, 1981, 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; 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 $.54 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 $.54 per month recycled materials collection service charge; and WHEREAS, City acting by and through its City Council finds and deems that said $.54 charge per residential unit for recycled materials collection is proper and not excessive and is consistent with comparable charges made in the surrounding communities: NOW, THEREFORE, it is mutually covenanted, promised and agreed that the written agreement between the parties dated June 20, 1966 and the amendments thereto dated October 6, 1969y June 24, 1971, May 15, 1972, July 1, 1974, January 17, 1977, January 2, 1979, January 21, 1980, October 6, 1980, and July 6, 1981, shall be and the same are hereby amended and modified in the following manner: t°(aPY 1. The schedule of rates and services approved by the NINTH AMENDMENT TO AGREEMENT by and between the City of San Rafael and Marin Sanitary Service dated the 6th day of July, 1981 is amended by adding the following language: Marin Sanitary Service is authorized to charge a sum not to exceed Fifty Four Cents ($.54) per month for each residential unit located within the boundaries of the City of San Rafael, whether single family residential, duplex, apartment, townhouse, or condomin- ium. 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; provided, however, said rate shall be reviewed at the time the annual financial reports for Marin Sanitary and Marin Recycling and Resource Recovery Association are made available to City in 1983. 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, 1966 and the aforesaid amendments thereto are hereby ratified and confirmed to be and continue in full force and effect. IN WITNESS WHEREOF, the parties hereby have executed this agreement on the I(- rth— day of August, 1982. ATTEST: JC"E M. LEONCINI, City Clerk CITY OF SAN RAFAEL ge- LAWRENCE E. MULRYAN, Mayor MARIN SANITARY SERVICE Approved as to Form By /�C, IDO D. ZANOTTI, resident LNUFor and on behal of Marin 6�� Recycling gResource Recovery WILLIAM T. BULLARD J ., Association Contract Attorney For EDMUND A. DUGG , City Attorney