HomeMy WebLinkAboutAgreement A-15-584-1 with Integrated Voting Solutions Inc..pdf Agreement No. 15-584-1
1 ASSIGNMENT OF AGREEMENT
2 THIS ASSIGNMENT OF AGREEMENT(hereinafter"Assignment")is made and entered into
3 this 6th day of March,2018, by and between COUNTY OF FRESNO a Political Subdivision of the
4 State of California,2220 Tulare Street, Fresno, CA 93721 (hereinafter"COUNTY"),and
5 INTEGRATED VOTING SOLUTIONS,INC.,(hereinafter"ASSIGNOR"),and INTEGRATED
6 VOTING SYSTEMS, INC.,a Delaware Corporation,dba INTEGRATED VOTING SOLUTIONS
7 (hereinafter"ASSIGNEE"), 496 S. Uruapan Way Dinuba, CA 93618.
8 WITNESSETH:
9 WHEREAS, COUNTY and ASSIGNOR entered into Agreement number 15-584, dated
10 November 17,2015 ("Agreement"), pursuant to which ASSIGNOR agreed to provide ballot printing,
11 vote by mail processing and vote by mail envelopes as required by California Elections Code; and
12 WHEREAS,section 7 of the Agreement allows for assignment thereof with the written consent
13 of the parties to the Agreement; and
14 WHEREAS,on or about November 18, 2015,ASSIGNEE began to perform ASSIGNOR'S
15 responsibilities and duties under the Agreement;
16 WHEREAS,ASSIGNOR wishes to assign, transfer and delegate all of its rights,benefits,
17 responsibilities and obligations under the Agreement to ASSIGNEE retroactive to November 18,
18 2015; and,
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. This Assignment shall be effective retroactively to the date of November 18,2015
24 ("Effective Date").
25 2. ASSIGNOR hereby transfers and assigns all of its rights and interest in,and delegates all of
26 ASSIGNOR's obligations under said Agreement to ASSIGNEE as of the Effective Date.
27 3. ASSIGNEE hereby accepts from ASSIGNOR such assignment of the Agreement and
28 ASSIGNEE agrees, as a direct obligation to COUNTY and without qualification or
1 — COUNTY OF FRESNO
Fresno,CA
I
1 reservation of right, to perform each and every one of ASSIGNOR's obligations and
2 responsibilities under the Agreement as though ASSIGNEE was the signatory party to the
3 Agreement in lieu of ASSIGNOR as of the Effective Date. ASSIGNEE further agrees that
4 it's liability under the Agreement shall include liability accruing as a result of ASSIGNOR's
'5 and well as ASSIGNEE's performance or failure to perform its obligations under the
6 Agreement as of the Effective Date.
? 4. Each person executing this Assignment in a representative capacity hereby warrants and
represents to the other parties that he or she is authorized to do so and that his or her
9 signature shall be binding on that party.
1 C 5. All acts performed as of the Effective Date by ASSIGNEE or ASSIGNOR pursuant to the
11 terms of the Agreement are hereby ratified by ASSIGNEE.
12 6. ASSIGNEE agrees to each and every- term and condition of the Agreement as amended.
13 7. The persons having authority to give and receive notices under this Agreement and their
1,i addresses include the following:
15 COUNTY ASSIGNEE
1 6 County Clerk/Registrar of Voters President, Integrated Voting Systems Inc.
Business Office 496 S. Uruapan Way
1 2221 Kern Street Dinuba, CA 93618
1 N Fresno,CA 93721
19 In WITNESS WHEREOF, the undersigned have executed this Assignment as of the day and year first
20 above written.
21 ASSIGNOR: COUNTY OF FRESNO
22
By — By-
2 3 INTEGIVTED VOTING S Qu n ero, hairman of the
SOLUTIONS, INC. Bo of StIlervisors
24 (Authorized Signer) of the County of Fresno
25 Print Name: Er"� kb��vV3� ATTEST:
BERNICE E. SEIDEL
1,/ •� Clerk to the Board of Supervisors
26 I itle: V c-" a"� t��'"� ' County of Fresno,State of California
27 Chairman of the Board,or By_
President, or any Vice President Depthy
22
- 2 COLJNI'Y O FRP'SNO
Fresno,CA
1 BERNICE E. SEIDEL, Clerk to the
2 Board of Supervisors
ASSIGNEE: County of Fresno
3 State of California
By_dL�. �— �� - -��
4 INTEGRATED'VOPNG SYSTEMS,
INC., a Delaware Corporation,dba
5 INTEGRATED VOTING SOLUTIONS
6 (Authorized Signer)
7 Print Name:_� pr-��� lzez-16.1�f"_
8 Title: 9
9 Chairman of the Board, or
President, or any Vice President
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Fund/Subclass 0001/10000 ORG: 28500100
13 Account No: 7295
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— 3 — COUNTY OF FRESNO
Fresno,CA