HomeMy WebLinkAbout31995AGREEMENT NO . 15-046
1 ASSIGNMENT OF AGREEMENT
2 THIS ASSIGNMENT OF AGREEMENT (hereinafter "Assignment") is made and entered into
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3 this .1Q..!.b_ day ofFebruarv~. by and between COUNTY OF FRESNO a Political Subdivision of the
4 State of California, 2220 Tulare Street, Fresno, CA 93721 (hereinafter "COUNTY"), and AVRIO
5 GROUP SURVEILLANCE SOLUTIONS, LLC, (hereinafter "ASSIGNOR"), and HITACHI DATA
6 SYSTEMS CORPORATION (hereinafter "ASSIGNEE") , 2845 Lafayette Street, Santa Clara, CA
7 95050-2639.
8 WITNESSETH:
9 WHEREAS, COUNTY and ASSIGNOR entered into Agreement number 10-651, dated
10 December 7, 2010 pursuant to which ASSIGNOR agreed to install and service a comprehensive video
11 security system as part of the Sheriffs Office sponsored Video Infrastructure Protection Program
12 (VIPP); and
13 WHEREAS, COUNTY and ASSIGNOR entered into Amendment I to the Agreement effective
14 December 11, 2012 (County Agreement 1 0-651-1) to amend the scope of work and increase the
15 maximum amount payable; and
16 WHEREAS, under said Agreement and the aforementioned amendments made thereto
17 (collectively "Agreement"), the ASSIGNOR was required to commence performance thereunder on
18 December 7, 2010 and end its performance on March 31, 2016, unless terminated sooner as provided
19 elsewhere under said Agreement; and
2 0 WHEREAS, section 8 of the Agreement allows for assignment thereof with written consent of
21 the COUNTY; and
22 WHEREAS, on or about August 27,2014, ASSIGNOR and ASSIGNEE completed a
23 consolidation whereupon ASSIGNEE agreed to perform ASSIGNOR'S responsibilities and duties
2 4 under the Agreement;
2 5 WHEREAS, ASSIGNOR wishes to assign, transfer and delegate all of its rights, benefits,
2 6 responsibilities and obligations under the Agreement to ASSIGNEE;
2 7 WHEREAS, ASSIGNEE represents that it is qualified to accept the assignment of rights and
2 8 delegation of obligations of ASSIGNOR under said Agreement and agrees to each and every term and
- 1 -COUNTY OF FRESNO
Fresno, CA
1 condition of said Agreement.
2 NOW, THEREFORE, the Parties hereby agree as follows:
3 1. ASSIGNOR does hereby transfer and assign all of its rights and interest in, and delegate all
4 of ASSIGNOR's obligations under, said Agreement to ASSIGNEE.
5 2. ASSIGNEE does hereby accept from ASSIGNOR such assignment of the Agreement and
6 ASSIGNEE agrees, as a direct obligation to COUNTY and without qualification or
7 reservation of right, to perform each and every one of ASSIGNOR's obligations and
8 responsibilities under the Agreement as though ASSIGNEE was the signatory party to the
9 Agreement in lieu of ASSIGNOR. As such ASSIGNEE agrees that it's liability under the
10 Agreement shall include liability accruing as a result of ASSIGNOR's and well as
11 ASSIGNEE's performance or failure to perform its obligations under the Agreement.
12 3. Each person executing this Assignment in a representative capacity hereby warrants and
13 represents to the other parties that he or she is authorized to do so and that his or her
14 signature shall be binding on that party.
15 4. This Assignment shall be effective commencing August 27, 2014 ("Effective Date").
16 5. ASSIGNEE agrees to each and every term and condition of the Agreement as amended.
1 7 6. The persons having authority to give and receive notices under this Agreement and their
18 addresses include the following:
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COUNTY
Business Manager
Fresno County Sheriff
Business Office
2100 Fresno Street
Fresno, CA 93721
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ASSIGNEE
HITACHI DATA SYSTEMS
CORPORATION
2845 Lafayette Street
Santa Clara, CA 95050-2639
COUNTY OF FRESNO
Fresno, CA
1 In WITNESS WHEREOF , the undersigned hereby acknowledge execution of this Assignment by their
2 signatures.
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:~SJGl£l-
AVRI O GROUP
(Authorized ~ner) !"
Print Name: ~ ~fJ,!tl f_Y_A' ?.,
Title: \);k j!C~~ v4t±
Chairman of the Board or
President, or any Vice President
Date : ______ _
AS SIG NEE: 6 t-'V_ ~.,£_)~
By
H-::l=T-AC7 H:-:-I:-::D::-A:-::T=-A--=-sy-s=T::-::E:-:-M-:-::S:-C=-o=-R:-::P:-::O:-::R-A TION
(Authorized Signer)
Print Name: Gregory M Coplans
Title : Corporate Secretary
Date: _1_1.:J_/ _.:..1 Z.._.!.,/__:...2..5_<;]..:.__4-..~,____
By ~~~==~~~~~~~~
Deborah A. Poochigian, Chairma
Board of Supervisors
Date :
BERNICE E . SEIDEL, Clerk
Board of Supervisors
By ~ ~sho-p,~~~
Date : :;.._·I 1 • J..Qf!j
Fund/Subclass 000 Ill 0000
SheriffORG : 31116396
By .~L~~
Vicki Crow , Auditor-Controller reasurer-Tax Collector
REVIEWED AND RECOMMENDED FOR
APPROVAL :
By
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/\C)~~
Margaret Mims, Sheriff
COU , 'lY O F FRESNO
Fres no, CA