HomeMy WebLinkAboutAgreement A-16-164 with Monterey Peninsula Orthopaedic Sports Medicine Institute.pdf Agreement No. 16-164
1 ASSIGNMENT OF AGREEMENT
2 THIS retroactive ASSIGNMENT OF AGREEMENT (hereinafter"Assignment") is made and
3 entered into thisl2'h day of April, 2016, by and between the COUNTY OF FRESNO a Political
4 Subdivision of the State of California, 2220 Tulare Street, Fresno, CA 93721 (hereinafter"COUNTY"),
5 and F.I.R.M. ASSOCIATES INC. (hereinafter"ASSIGNOR"), and MONTEREY PENINSULA
6 ORTHOPAEDIC & SPORTS MEDICINE INSTITUTE, A Medical Corporation, D.B.A:
7 URGENCYMED, (hereinafter"ASSIGNEE") , 6042 N Fresno Street, Suite 101, Fresno, CA 93710.
8 WITNESSETH:
9 WHEREAS, COUNTY and ASSIGNOR entered into Agreement number 14-363, dated I"day
10 of July, 2014 pursuant to which ASSIGNOR agreed to perform medical examinations upon the request
11 of the COUNTY'S Department of Personnel Services; and
12 WHEREAS, section 8 of the Agreement allows for assignment thereof with written consent of
13 the COUNTY; and
14 WHEREAS, on or about January 1, 2016, ASSIGNOR and ASSIGNEE completed a
15 consolidation whereupon ASSIGNEE agreed to perform ASSIGNOR'S responsibilities and duties
16 under the Agreement;
17 WHEREAS, ASSIGNOR wishes to assign, transfer and delegate all of its rights, benefits,
18 responsibilities and obligations under the Agreement to ASSIGNEE;
19 WHEREAS, ASSIGNEE represents that it is qualified to accept the assignment of rights and
20 delegation of obligations of ASSIGNOR under said Agreement and agrees to each and every term and
21 condition of said Agreement.
22 NOW, THEREFORE, the Parties hereby agree as follows:
23 1. ASSIGNOR does hereby transfer and assign all of its rights and interest in, and delegate all
24 of ASSIGNOR's obligations under, said Agreement to ASSIGNEE.
25 2. ASSIGNEE does hereby accept from ASSIGNOR such assignment of the Agreement and
26 ASSIGNEE agrees, as a direct obligation to COUNTY and without qualification or
27 reservation of right, to perform each and every one of ASSIGNOR's obligations and
Zn
28 responsibilities under the Agreement as though ASSIGNEE was the signatory party to the
COUTIN71Y OF FRESINO
Fresno,CA
I Agreement in lieu of ASSIGNOR. As such ASSIGNEE agrees that it's liability under the
2 Agreement shall include liability accruing as a result of ASSIGNOR's as well as
3 ASSIGNEE's performance or failure to perform its obligations under the Agreement.
4 3. Each person executing this Assignment in a representative capacity hereby warrants and
5 represents to the other parties that he or she is authorized to do so and that his or her
6 signature shall be binding on that party.
7 4. This Assignment shall be effective commencing January 1, 2016 ("Effective Date").
8 5. ASSIGNEE agrees to each and every term and condition of the Agreement.
9 6. The persons having authority to give and receive notices under this Agreement and their
10 addresses include the following:
11 COUNTY ASSIGNEE
12 COUNTY OF FRESNO MONTERREY PENINSULA
13 Personnel Services Department ORTHOPEDIC & SPORTS MEDICINE
14 DBA: Urgency Med
is 2200 Fresno Street 16 1h Floor 2645 Lafayette Street
16 Fresno, CA 93721 Santa Clara, CA 95050-2639
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2 COUNTY OF FRESNO
Fresno,C-,k
1 In WITNESS WHEREOF, the undersigned hereby acknowledge execution of this Assignment by their
2 signatures.
3 ASSIG R: COUNTY OF FRESNO
4
By By
5 (Authorized Signer) Ernest Buddy Mendes, Chairman
6 F.I.R.M.Associates Inc. Board of Supervisors
7 Print Name: A-gIZ% / 01?"7w CEc, Date:
8 Title: C&O
9 Date: 444 2,7 Zo cf BERNICE E. SEIDEL, Clerk
10 Board of Supervisors
ASSI
11 By By
(Authorized Signer)
12 Monterrey Peninsula Orthopaedic& Sport Date: _A rarâ–º l 1 p101 L b
13 Medicine Institute DBA: Urgency Med
14 Print Name: APPROVED AS TO LEGAL FORM:
15 Title: 4 cc-o c,,71 C--Wec fZrp oJ`A ? By i l
16 o ty ounsel
17 Date:4.+,1 c4 APPROVED AS TO ACCOUNTI FORM
18 By
19 Vicki Crow,Auditor-Controller/Treasurer-Tax Collector
20 REVIEWED AND RECOMMENDED F R APPROVAL:
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22 FOR ACCOUNTING USE ONLY: By '
Org No.: 10100400 Paul Nerland, Director of Personnel Services
23 Account No.: 7295
Requisition No.: 1011600058
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3 - COUNTY OF FRESNO
Fresno,CA