Resolution 1992-58
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RESOLUTION NO. 92- 58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AUTHORIZING THE ASSIGNMENT BY THE
CITY OF GILROY OF THAT CERTAIN AGREEMENT DATED
MARCH 31, 1992 BETWEEN THE CITIES OF GILROY
AND MORGAN HILL, ACTING TOGETHER AS A JOINT
POWERS AUTHORITY, AND 0 I BRIEN-KREITZ BERG &
ASSOCIATES, INC., FOR CONSTRUCTION MANAGEMENT
SERVICES, AND AUTHORIZATION TO EXECUTE
ASSIGNMENT OF CONTRACT AND DOCUMENTS
WHEREAS, the city of Gilroy, a municipal corporation
("Gilroy"), and the City of Morgan Hill, a municipal corporation
("Morgan Hill"), have formed the SOUTH COUNTY REGIONAL WASTEWATER
AUTHORITY, a California Joint Exercise of Powers Authority
organized and created pursuant to the laws of the State of
California ("SCRWA"), for the purpose of jointly managing and
running the sewage treatment facilities identified in the Joint
Exercise of Powers Agreement Creating the South County Regional
Wastewater Authority dated May 19, 1992; and
WHEREAS, Gilroy and Morgan Hill entered into that certain
Agreement Between the cities of Gilroy and Morgan Hill, Acting
Together as a Joint Powers Authority and O'Brien-Kreitzberg &
Associates,
Inc.
("Contractor" )
For Construction Management
Services For The Gilroy-Morgan Hill Wastewater Treatment Plant
Expansion, dated March 31, 1992 (the "contract");
WHEREAS, Gilroy and Morgan Hill desire to assign all
their respective rights, title, and interest under (i) the
Contract, and (ii) any and all documents prepared by Contractor
pursuant to the Contract, and all amendments, modifications,
supplements, general conditions and addenda thereto, to SCRWA, and
SCRWA wishes to accept such assignment and assume all of Gilroy'S
and Morgan Hill's obligations under the Contract; and to evidence
such assignment Gilroy wishes to execute an Assignment of Contract
and Documents (the "Assignment of Contract").
NOW, THEREFORE, BE IT RESOLVED THAT:
RESOLUTION NO. 92 - 58
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1. The form, terms and provisions of the Assignment of
Contract have been presented to The City Council and reviewed by
The City Council and the same are, in all respects, approved;
2. The City Administrator of Gilroy, Jay Baksa, is
hereby authorized to execute and deliver, in the name of and on
behalf of Gilroy, the Assignment of Contract in the form presented
to The City Council.
PASSED AND ADOPTED this
6th day of
July
, 1992,
by the fOllowing vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROiVLISON,
VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
Y:&J~
Don Gage
Mayor
,-_.j~ .
Susanne steinmetz
city Clerk
RESOLUTION NO. 92 - 58
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 92-58
is an original
resolution, duly adopted by the Council of the City of Gilroy at an
adjourned regular meeting of said Council held on the 6th
day of
July , 19~, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 7th day of
July
,1992.
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(Seal)