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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 �- 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: r 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