HomeMy WebLinkAboutAgreement A-15-584-1 with Integrated Voting Solutions, Inc..pdf• . .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Agreement No. 15-584-1
ASSIGNMENT OF AGREEMENT -
THIS ASSIGNMENT OF AGREEMENT (hereinafter "Assignment") is made and entered into
this ..fil!L day of March, 2018, by and between COUNTY OF FRESNO a Political Subdivision of the
State of California, 2220 Tulare Street, Fresno, CA 93721 (hereinafter "COUNTY"), and
INTEGRATED VOTING SOLUTIONS, INC., (hereinafter "ASSIGNOR"), and INTEGRATED
VOTING SYSTEMS, INC., a Delaware Corporation, dba INTEGRATED VOTING SOLUTIONS
(hereinafter "ASSIGNEE"), 496 S. Uruapan Way Dinuba, CA 93618.
WITNESS ETH:
WHEREAS, COUNTY and ASSIGNOR entered into Agreement number 15-584, dated
November 17, 2015 ("Agreement"), pursuant to which ASSIGNOR agreed to provide ballot printing,
vote by mail processing and vqte by mail envelopes as required by California Elections Code; and
WHEREAS, section 7 of the Agreement allows for assignment thereof with the written consent
of the parties to the Agreement; and
WHEREAS, on or about November 18, 2015, ASSIGNEE began to perform ASSIGNOR'S
responsibilities and duties under the Agreement;
WHEREAS, ASSIGNOR wishes to assign, transfer and delegate all of its rights, benefits,
responsibilities and obligations under the Agreement to ASSIGNEE retroactive to November 18,
2015; and,
WHEREAS, ASSIGNEE represents that it is qualified to accept the assignment of rights and
delegation of obligations of ASSIGNOR under said Agreement and agrees to each and every term and
condition of said Agreement.
NOW, THEREFORE, the Parties hereby agree as follows:
1. This Assignment shall be effective retroactively to the date of November 18, 2015
("Effective Date").
2. ASSIGNOR hereby transfers and assigns all of its rights and interest in, and delegates all of
ASSIGNOR's obligations under said Agreement to ASSIGNEE as of the Effective Date.
3. ASSIGNEE hereby accepts from ASSIGNOR such assignment of the Agreement and
ASSIGNEE agrees, as a direct obligation to COUNTY and without qualification or
-1 -COUNTY OF FRESNO
Fresno,CA
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1 5
16
17
reservation ofright, to perform each and every one of ASSIGNOR's obligations and
responsibilities under the Agreement as though ASSIGNEE was the signatory party to the
Agreement in lieu of ASSIGNOR as of the Effective Date. ASSIGNEE further agrees that
it's liability under the Agreement shall include liability accruing as a result of ASSIGNOR's
and well as ASSIGNEE's performance or failure to perform its obligations under the
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
s ignature shall be binding on that party.
5. All acts performed as of the Effective Date by ASSIGNEE or ASSIGNOR pursuant to the
terms of the Agreement are hereby ratified by ASSIGNEE.
6. ASSIGNEE agrees to each and every term and condition of the Agreement as amended.
7. The person s having authority to give and receive notices under this Agreement and their
addresses include the following:
COUNTY
County Clerk/Registrar of Voters
Business Office
2221 Kem Street
ASSIGNEE
President, Integrated Voting Systems Inc.
496 S. U ruapan Way
Dinuba, CA 93 618
18 Fresno, CA 9372 I
1 9 In WITNESS WHEREOF, the unders igned have executed this Assignment as of the day and year first
2 0 above written.
21
22
23
24
25
26
27
28
ASSIGNOR:
By !;;;;~~TING
SOLUTIONS, INC.
(Authorized Signer)
Print Name: tv", (:, kb z: . ...lo~sk '
Title: l/i c..._ f11v;1J~,
Chairman of the Board, or
President, or any Vice Pres ide nt
COUNTY OF FRESNO
of the Cou nty of Fresno
ATTEST:
BERNICE E. SEIDEL
Clerk to the Board of Supervisors
County of Fresno, State of California
By ~~~
Dep y
-2 -CO UNTY O F FRESNO
Fresno, CA
..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ASSIGNEE:
By It/� l f---,
INTEGRATED VO G SYSTEMS,
INC., a Delaware Corporation, dba
INTEGRATED VOTING SOLUTIONS
(Authorized Signer)
Print Name: fr/;,o(':'C,/Lc kc..,'2'/r){,l_$!,1
,·
Title: 2,,_, /d�t
Chain{;an of the Board, or
President, or any Vice President
Fund/Subclass 0001/10000
Account No: 7295
ORG: 28500100
BERNICE E. SEIDEL, Clerk to the
Board of Supervisors
County of Fresno
State of California
- 3 -COUN1Y OF FRESNO
Fresno,CA