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Resolution No. 8857 WHEREAS, the City of Vernon ("City") is constructing a 134 Combined Cycle Power Plant officially named the Malburg Generating 9 Station (the "Malburg Project") for the purpose of installing 10 additional generating capacity that will. yield an efficient, cost- 11 effective, and reliable source of electric generation to the City's 12 inhabitants; and ~ 1 2 3 4 5 6 7 8 MW It ~ . ~ RESOLUTION NO. 8857 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND RATIFYING THE ACTIONS TAKEN REGARDING THE EXTENSION OF THE CITY'S COMMERCIAL BUILDER'S RISK POLICY THROUGH ARTHUR J. GALLAGHER & CO. 13 WHEREAS, the City's current Builders Risk Policy (the 14 "Policy") with Imperial Premium Finance, Inc. was approved by 15 Resolution No. 8396 adopted on March 3, 2004; and 16 WHEREAS, the Policy was to reasonably cover the City's risk 17 during the construction of the Malburg Project, through start-up (hot 18 testing) and commissioning through August 15, 2005; and 19 WHEREAS, on September 7, 2005, the City Council of the City 20 of Vernon adopted Resolution No. 8849 ratifying the extension of the 21 Policy to September 15, 2005; and 22 WHEREAS, since the commercial operation of the Malburg 23 Project is now scheduled for October 15, 2005, the City desires to 24 extend the Policy to protect the City; and 25 WHEREAS, the City employed the services of Arthur J. 26 Gallagher & Co. Insurance Brokers of California, Inc. ("Arthur J. 27 Gallagher") to act as the City's broker to structure and obtain the 28 appropriate insurance coverage for the extended period September 15, "" " 1 2005 through October 15, 2005; and 2 WHEREAS, in order to meet the urgent need for the extension 3 of the Policy, the City Attorney authorized the extension and payment 4 of the premium, subject to ratification by the City Council; and 5 WHEREAS, the City Council of the City of Vernon has 6 determined that, pursuant to the provisions of subsection (a) of 7 Section 2.27 of the Vernon City Code, it is in the public interest 8 and necessity to ratify the additional extension of the Policy through 9 Arthur J. Gallagher. 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 11 CITY OF VERNON AS FOLLOWS: 12 SECTION 1: The City Council of the City of Vernon hereby 13 finds and determines that the recitals contained hereinabove are true 14 and correct. 15 SECTION 2: The City Council of the City of Vernon hereby 16 ratifies and approves the additional extension of the Builders Risk 17 Policy through Arthur J. Gallagher & Co and authorizes the Acting City 18 Clerk, or his designee, to execute any and all documents necessary for 19 the purpose of securing the extension of the Policy and to implement 20 and carry out the purposes specified in the insurance extension on 21 behalf of the City of Vernon. 22 SECTION 3: The City Council of the City of Vernon hereby 23 approves the payment of the extension premium in accordance with the 24 terms of the insurance extension in an estimated not to exceed amount 25 of $57,020.00. 26 SECTION 4: The City Council of the City of Vernon hereby 27 directs the Acting City Clerk, or his designee, to send a copy of this 28 Resolution to: - 2 - . . '. 1 2 3 Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. Attn. Jayne Sexton Mazziotti, Account Executive 505 N. Brand Blvd., Suite 600 Glendale, CA 91203-3944 4 SECTION 5: The Acting City Clerk of the City of Vernon 5 6 7 8 9 10 11 12 13 14 shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 21st day of September, 2005. 1ff~~ ",P LEONIS C. MA' URG, ayor ATTEST: JR., Acting City Clerk 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - 1.. . .. . A . 1 STATE OF CALIFORNIA ss 2 3 4 I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of COUNTY OF LOS ANGELES 5 Vernon, do hereby certify that the foregoing Resolution, being 6 Resolution No. 8857, was duly adopted by the City Council of the City 7 of Vernon at a regular meeting of the City Council duly held on 8 Wednesday, September 21, 2005, and thereafter was duly signed by the 9 Mayor of the City of Vernon. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MALKENHORST, JR. ity Clerk (SEAL) - 4 -