HomeMy WebLinkAboutC-5505(B)1 - Assignment Agreement for Police Department Computer Aided Dispatch/Records Management System - Software License and Services AgreementASSIGNMENT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
SUPERION, LLC
THIS ASSIGNMENT AGREEMENT ("Asslgnment") Is made and entered into as
of this 140' day of August, 2017, ("Effective Date"), by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City") and
Superion, LLC a Delaware limited liability company ("Consultant"), whose address is
1000 Business Center Drive, Lake Mary, Florida 32745, and Is made with reference to
the following:
RECITALS
A. On June 28, 2013, City and SunGard Public Sector, LLC entered into a Software
License and Services Agreement and a Software Maintenance Agreement
("Agreements") for SunGard Public Sector LLC to provide maintenance,
enhancements, and licensing ("Services") for Coniputer Aided Dlspatoh/Records
Management System ("CAD/RMS"), new releases of Baseline software, and
custom modifications as defined and Identified In Exhibit 1 within the Agreements
("Project").
B. On August 15, 2014, City and SunGard Public Sector, LLC entered Into
Amendment No. One to the Agreements ("Amendment No. One") to reflect
additional, deleted, and modified services not previously Included In the
Agreement, and to Increase the total compensation.
C. On November 21, 2014, City and SunGard Public Sector, LLC entered Into
Amendment No. Two to the Agreements ("Amendment No. Two") to reflect
additional, deleted, and modified services not previously included in the
Agreement, as amended, and to increase the total compensation.
D. On August 14, 2016, City and SunGard Pubilo Sector, LLC entered into
Amendment No. Three to the Agreements ("Amendment No, Three") to reflect
additional services not previously included In the Agreement, as amended, and to
Increase the total compensation.
E. On June 20, 2016, City and Sunward Public Sector, LLC entered into
Amendment No. Four to the Agreements ("Amendment No. Four") to reflect
additional services not Included In the Agreement, as amended, and to increase
the total compensation.
F. The parties desire to enter into this Assignment to assign the rights under the
Agreement from SunGard Public Sector to Consultant.
NOW, THEREFORE, It Is mutually agreed by and between the undersigned
parties as follows:
1. ASSIGNMENT
As of the Effective Date, Sunward Public Sector, hereby assigns to Consultant,
all of the rights, title and Interest In and obligations under the Agreement. Consultant,
hereby accepts such assignment and hereby assumes, agrees and undertakes to
perform all obligations of SunGard Public Sector, pursuant to the Agreement and
amendments as of the Effective Dato. Any reference to SunGard Public Sector In the
Agreement, shall be deemed to be a reference to Consultant,
As of the Effective Date, SunGard Public Sector shall have no further rights of
any kind whatsoever under the Agreement.
2. CITY CONSENT TO ASSIGNMENT
Pursuant to Section 131n Agreement, City approves of thls Assignment.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth In the Agreement shall remain unchanged and shall be In full force and effect.
[SIGNATURES ON NEXT PAGE]
Superion, LLC
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IN WITNESS WHEREOF, the parties hereto have executed this Assignment
Agreement on the date (last above written.
APPROVED AS TO FORM:
CITY AT OR(��yY' OFFICE
Date: �7f ////
Harp
orney
ATTEST: II 1
Dale: I
By: 44AA,
Leilanl i. Brown
City Clerk
Superlon, LLC
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 11- 2-
By:
Dave ff
City Manager
CONSULTANT: Superton, LLC
Dale: 9 - ,217.
By:
Brad Sunainsky
Chief Financial Officer
Date: � -1 7
By.
Amburg
VP &General Manager
CONSULTANT: SunGard Public Sector,
LLC, a Flo ids limited liability company
Dale 0
By.
Vlce President - i " - -/-
Date;_y.q2-
By`
LEND OF SIGNATURES]
r.t (4* 4/
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