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Resolution 1992-58 . . 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 -1- - ~.~ . . 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 -2- -' . . 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. --A4~ c;zi/~,,' ~, 0' "" "" 0' ''''0' (Seal)