HomeMy WebLinkAboutC-8511-2 - Assignment Agreement (for On-Call M/RSA for Streetlight Electrical Repair Services)ASSIGNMENT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
YUNEX, LLC
THIS ASSIGNMENT AGREEMENT ("Assignment") is made and entered into as of
this 7th day of March, 2022 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City") and YUNEX LLC, a
Delaware limited liability company ("Contractor"), whose address is 9225 Bees Caves
Road, Austin, Texas 78733, and is made with reference to the following:
RECITALS
A. On July 25, 2017, City and Siemens Industry, Inc., a Delaware corporation entered
into an On -Call Maintenance/Repair Services Agreement ("Agreement"), to
provide On -Call Streetlight Electrical Repair Services.
B. On September 4, 2018, City consented to assignment of the Agreement from
Siemens Industry, Inc. a Delaware corporation to Siemens Mobility, Inc., a
Delaware corporation.
B. Siemens Mobility, Inc., a Delaware corporation, has requested that the City assign
its rights and obligations under the Agreement to Contractor.
C. Contractor requested that the City assign Siemens Mobility, Inc., a Delaware
corporation's rights and obligations under the Agreement to Contractor.
D. The parties desire to enter into this Assignment to assign the rights and obligations
under the Agreement from Siemens Mobility, Inc., a Delaware corporation to
Contractor.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. ASSIGNMENT
As of July 1, 2021, Siemens Mobility, Inc., a Delaware corporation, hereby assigns
to Contractor, all of the rights, title and interest in and obligations under the Agreement.
Contractor, hereby accepts such assignment and hereby assumes, agrees and
undertakes to perform all obligations of Siemens Mobility, Inc., a Delaware corporation,
pursuant to the Agreement as of the Effective Date. Any reference to Siemens Industry,
Inc., a Delaware corporation, in the Agreement, shall be deemed to be a reference to
Contractor.
As of the Effective Date, Siemens Mobility, Inc., a Delaware corporation shall have
no further rights of any kind whatsoever under the Agreement.
2. CITY CONSENT TO ASSIGNMENT
Pursuant to Sections 17 and 18 of the Agreement, City approves of this
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]
Yunex LLC 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: = A / 9 D
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C Attorney
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City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: APR 19 2022
By:
Gra94/'i<. Leung
Citmanager
CONTRACTOR: YUNEX LLC, a
Delaware limited liability company
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By:
Steve Teal
Director, Service
Date: 41 kg�mti
By: J6"
Anchal Bansal
Commercial Manager, Service
AGREED: Siemens Mobility, Inc., a
Delaware corporation
Date: rI �2-
By:
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Pr ident
Date: yII 1 Z 0z Z
By:
Dirk Rauber
Chief Financial Officer
[END OF SIGNATURES]
Yunex LLC Page 3
From:
Rosenbaum. Joshua
To:
Mulvey. Jennifer
Subject:
Contract - insurance compliance
Date:
June 14, 2022 11:05:51 AM
Attachments:
RE E-mail from Insurance Data Services Vendor Number FV00000763 Vendor Name Yunex LLC.mso
imaoe001.pno
Hi Jennifer,
In late April, City Council approved Amendment No. 1 to YUNEX LLC contract. I believe you still have that in queue for
contract execution.
Here's snapshot on insurance compliance with waived deficiencies. Is this sufficient or do you need the formal email
from EBIX?
I also attached email from Kaitlin indicating compliance achieved after internal review.
Name.
Account Number_
Address:
Status:
The following deficiencies are according to last validation on'.0617312022
Thank you,
Josh
Yunez LLC
FV00000763
9225 Bee Cave Road, Bldg B, Ste 201,A.An, TX, 78733
Activity Cycle Complete
Compliantwifh Walved Deficiencies.
PS I am not getting the formal emails lately from EBIX for contract compliance. I already inquired with the City's
liaison about this.