RESOLUTION NO. 2022-080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGN EE TO EXECUTE
THE ASSIGNMENT AND ASSUMPTION AGREEMENT FOR TRAFFIC SIGNAL
MAINTENANCE AND OPERATIONS SERVICES WITH YUN EX, LLC
EXHIBIT 1
WHEREAS, on June 22, 2021, the city entered into an agreement with Siemens Mobility, Inc. to provide traffic signal maintenance and operations services, or 2021 Agreement, with the adoption of Resolution No. 2021-153; and
WHEREAS, on July 1, 2021, Siemens Mobility, Inc. rebranded its Intelligent Traffic Systems branch, which includes their traffic signal maintenance and operations services, as Yun ex, LLC; and WHEREAS, the 2021 Agreement for traffic signal maintenance and operations services allows Siemens to assign its rights and obligations under the 2021 Agreement to a third party upon written approval of the city; and
WHEREAS, the same staff and management working for Siemens continue to work for Yunex, insurance requirements remain unchanged, indemnity requirements remain unchanged; and WHEREAS, staff therefore drafted the Assignment & Assumption agreement, or A&A, to allow Assignor-Siemens to assign all its rights and obligations under the 2021 Agreement for current signal maintenance and operations services to Assignee-Yunex; and WHEREAS, Carlsbad Municipal Code Section 3.28.040{D)(3) requires City Council authorization to delegate authority to the City Manager or designee to sign the A&A because the 2021 Agreement with Siemens did not authorize the City Manager to sign an A&A or any other assignment agreement on behalf of the city.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby authorizes the City Manager or designee to execute the Assignment and Assumption Agreement for traffic signal maintenance and operations services, attached hereto as Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of April 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
-tt)V FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)