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HomeMy WebLinkAboutC-8560-1B - Assignment Agreement (for On-Call M/RSA for As-Needed Maintenance and Repair Services)ASSIGNMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH, EMILIO RAMIREZ, AND RAMCO GENERAL ENGINEERING CONTRACTORS, INC. THIS ASSIGNMENT AGREEMENT ("Assignment") is made and entered into as of this 1st day of May, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), Emilio Ramirez, a sole proprietor doing business as ("DBA") RAMCO GENERAL ENGINEERING CONTRACTORS ("Assignor"), whose address is 10545 Dale Road, Agua Dulce, California 91390, and RAMCO GENERAL ENGINEERING CONTRACTORS, INC., a California corporation ("Assignee"), whose address on file with the California Secretary of State is 9710 Amestoy Ave., Northridge, CA 91325, and is made with reference to the following: RECITALS A. On July 26, 2021, City and Assignor entered into an On -Call Maintenance/Repair Services Agreement ("Agreement"), to engage Assignor to perform on -call maintenance and/or repair services for City ("Project"). B. The parties desire to enter into this Assignment to assign the rights under the Agreement from Assignor to Assignee, amend the Notices section of the Agreement, and insurance as required by the Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. ASSIGNMENT As of the Effective Date of this Assignment, Assignee hereby accepts such assignment and hereby assumes, agrees and undertakes to perform all obligations of Assignor pursuant to the Agreement. As of the Effective Date of this Assignment, any reference to Emilio Ramirez, a sole proprietor doing business as Ramco General Engineering Contractors, or reference to "Contractor," in the Agreement, shall be deemed to be a reference to Assignee. As of the Effective Date of this Assignment, Assignor shall have no further rights of any kind whatsoever under the Agreement. 2. NOTICES Section 25.3 of the Agreement is amended in its entirety and replaced with the following: "All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Emilio Ramirez RAMCO GENERAL ENGINEERING CONTRACTORS, INC. 9710 Amestoy Ave. Northridge, CA 91325" 3. CITY CONSENT TO ASSIGNMENT Pursuant to Section 17 of the Agreement, City approves of this Assignment. 4. INSURANCE Assignee shall deliver, concurrently with execution of this Assignment, proof of insurance in accordance with Section 14 of the Agreement. 5. 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] RAMCO General Engineering Contractors, Inc. Assignment Agreement Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement on the date first above written. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By. a on C. Harp s/2/ i Attorney zy ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: R By: ea vin Re r tion and Senior Services Director ASSIGNOR: Emilio Ramirez, a sole proprietor doing business as ("DBA") RAMCO GENERAL ENGINEERING CONTRACTORS Date: Signed in Counterpo Bv: Emilio Ramirez Sole Proprietor ASSIGNEE: RAMCO GENERAL ENGINEERING CONTRACTORS, INC., a California corporation Date: Signed in Counterpart Bv: Emilio Ramirez Chief Executive Officer, Chief Financial Officer, Secretary [END OF SIGNATURES] RAMCO General Engineering Contractors, Inc. Assignment Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement on the date first above written. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:T/r? i Ma 612 oAttoreyp s�zfjy ATTEST: Date: Leilani 1. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Sean Levin Recreation and Senior Services Director ASSIGNOR: Emilio Ramirez, a sole proprietor doing business as ("DBA") RAMCO GENERAL ENGINEERING CONTRAG Date: Bv: Emilio Ramirez Sole Proprietor ASSIGNEE: RAMCO GENERAL ENGINEERING CONTRACTORS, INC., a California gorporation Date: By: Emilio Ramirez Chief Executive Officer, Chief Financial Officer, Secretary [END OF SIGNATURES] RAMCO General Engineering Contractors, Inc. Assignment Agreement Page 3 Name: Account Numbev Address - Status: RAKICO General Engineering Con FV00000725 971 O Amestoy Ave, Northridge, GA .Compliant with Waived Deficiencie