HomeMy WebLinkAboutCC Resolution 11532 (MSS Rates)RESOLUTION NO. 11532
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING AMENDMENT TO COLLECTION
AGREEMENT BETWEEN MARIN SANITARY SERVICE AND
THE CITY OF SAN RAFAEL FOR REFUSE COLLECTION AND
RECYCLING SERVICES.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FINDS AND DETERMINES THAT:
WHEREAS, CITY OF SAN RAFAEL (hereinafter known as "City") currently has an
agreement with MARIN SANITARY SERVICE (hereinafter known as "COMPANY")
authorizing the COMPANY to provide refuse collection and recycling services within the
territorial limits of the City of San Rafael south of Puerto Suello Hill; and
WHEREAS, CITY has the authority under the City Charter and state law to assume
responsibility for the provision of refuse collection and recycling services for the portion of the
City of San Rafael north of Puerto Suello Hill that is now being served by the Las Gallinas
Valley Sanitary District through an agreement with COMPANY; and
WHEREAS, CITY desires to amend the existing agreement to authorize the COMPANY
to provide refuse collection and recycling services throughout the territorial limits of the CITY,
including north of Puerto Suello Hill.
NOW, THEREFORE BE IT RESOLVED that the Mayor is authorized to execute the
AMENDMENT TO COLLECTION AGREEMENT BETWEEN MARIN SANITARY
SERVICE AND CITY OF SAN RAFAEL, attached hereto as Exhibit "A".
The foregoing Resolution was duly and regularly introduced and adopted at a regular
meeting of the San Rafael City Council held on the 19`h day of April, 2004, by the following vote
to wit:
AYES: Councilmembers: Cohen, Heller, Hiller, Phillips & Nayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
X, s -C
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JEATSNE M. LEONCINI, City Clerk
VIGIL ��
AMENDMENT TO REFUSE AND RECYCLING
COLLECTION AGREEMENT BETWEEN MARIN
SANITARY SERVICE AND CITY OF SAN RAFAEL
This Agreement is made and entered into as of the lstday of MARCH , 2005, by and
between the CITY OF SAN RAFAEL, a municipal corporation organized and existing under an
by virtue of the laws of the State of California (hereinafter "CITY") and MARIN SANITARY
SERVICE, a California corporation (hereinafter "COMPANY").
RECITALS
WHEREAS, CITY currently has a refuse and recycling agreement (dated September 4,
2001) with COMPANY authorizing the COMPANY to provide refuse collection and recycling
services within the territorial limits of the City of San Rafael south of Puerto Suello Hill; and
WHEREAS, CITY has the authority under the City Charter and state law to assume
responsibility for the provision of refuse collection and recycling services for the portion of the
City of San Rafael north of Puerto Suello Hill that is now being served by the Las Gallinas
Valley Sanitary District (LGVSD) through an agreement with COMPANY; and
WHEREAS, CITY and LGVSD litigated the issue of CITY'S authority to assume
responsibility for the provision of refuse collection and recycling services for the portion of the
City of San Rafael north of Puerto Suello Hill culminating in an order of the Marin County
Superior Court confirming CITY'S pre-eminent regulatory authority over such activities (Marin
Superior Court Case No. CV -041792); and
WHEREAS, CITY and COMPANY, in conformance with the ruling of the Marin
County Superior Court, desire to amend their existing agreement to authorize the COMPANY to
provide refuse collection and recycling services throughout the territorial limits of the CITY,
including north of Puerto Suello Hill.
NOW THEREFORE, the parties hereby agree as follows:
1. The AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT
OF THE CITY OF SAN RAFAEL AND MARIN SANITARY SERVICE, dated September 4,
2001, is amended as follows:
(a) The phrase "Puerto Suello Hill" is deleted from the first sentence of
Paragraph 2.
(b) The phrase "Puerto Suello Hill" is deleted from the first sentence of
Paragraph 3.
R- /.I I. _I_..-%
(c) The first sentence of the fourth paragraph under Additional Services on
the second page of Exhibit "A" shall read: "Marin Sanitary Services offers
debris box clean-ups for homeowner associations and other community
groups on one day each year.
2. This amendment shall become effective on MARCH 1 , 2005.
3. With the exception of the changes specifically authorized herein, all of the terms
and conditions of the original agreement (dated September 4, 2001) shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first hereinabove written.
Dated: /.� 2005
CITY OF SAN RAFAEL
bert . Boro, or
ATTEST:
nn .
Je e M. Leoncini, ity Clerk
APPROB RM:
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Ghr�(T. Rag ti, City A)%rney
2
Dated: RVAAV i�;,-2005
t.
MARIr
Y
B .
President
W�A
AMENDMENT TO COLLECTION AGREEMENT
BETWEEN
MARIN SANITARY SERVICE AND CITY OF SAN RAFAEL
This Agreement is made and entered into as of thel 9thday of APRIL , 2004, by and
between the CITIVF SAN RAFAEL, a municipal corporation organized and existing under the
laws of the State of California (hereinafter "CITY') and MARIN SANITARY SERVICE, a
California corporation (hereinafter "COMPANY').
RECITALS
WHEREAS, CITY currently has an agreement with �COMPANY authorizing the
COMPANY to provide refuse collection and recycling services within the territorial limits of the
City of San Rafael south of Puerto Suello Hill; and
i
WHEREAS, CITY has the authority under the City Charter and state law to assume
responsibility for the provision of refuse collection and recycling services for the portion of the
City of San Rafael north of Puerto Suello Hill that is,riow being served by the Las Gallinas
Valley Sanitary District through an agreement with COMPANY; and
WHEREAS, CITY and COMPANY desiire to amend their existing agreement to
authorize the COMPANY to provide refuse collection and recycling services throughout the
territorial limits of the City, including north of Puerto Suello Hill.
EXECUTORY PROVISIONS
NOW THEREFORE, it is mutually agreed as follows:
1. The AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT
OF THE CITY OF SAN RAFAEL AND MARIN SANITARY SERVICE, dated September 4,
2001, is amended as follows: �� \ \
(a) The phrase "south of Puerto Suello Hill" is deleted from the first sentence of Paragraph 2.
(b) The phrase "south of Puerto Suello Hill" is deleted from the first sentence of Paragraph 3.
(c) The first sentence of he fourth paragraph under Additional Services on the secondpag e
of Exhibit "A" shall read: "Marin Sanitary Service offers debris box cleanups for
homeowner associations and other community groups on one day each year."
2. This amendment shall become effective on July 1, 2004.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first hereinabove written.
Dated:
I' Z
12004
Albert J. Boro, Mayor
ATTEST:
By:
Jeanne M. Leoncini, City Clerk
APPROVED AS TO FORM:
By:
Gary T. Ragghianti, City Attorney
Dated:
72004
MARIN SANITARY SERVICE
President
Secretary