HomeMy WebLinkAboutC-9357-2 - Assignment Agreement and Amendment No. One (to On-Call M/RSA for On-Call Fleet Vehicle Maintenance and Repair Services)ASSIGNMENT AGREEMENT AND AMENDMENT NO. ONE
BETWEEN THE CITY OF NEWPORT BEACH AND
SVT FLEET, LLC
THIS ASSIGNMENT AGREEMENT AND AMENDMENT NO. ONE (to be
referenced as "Assignment" or "Amendment No. One") is made and entered into as of
this 16th day of January, 2024 ("Effective Date"), by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City") and SVT
Fleet, LLC, a California limited liability company ("SVT Fleet"), whose address is 2429
Peck Road, Whittier, CA 90601 and is made with reference to the following:
RECITALS
A. On April 19, 2023, City and Southern California Fleet Services, Inc., a California
corporation, entered into an On -Call Maintenance/Repair Services Agreement for
on -call maintenance and/or repair services for City ("Agreement").
B. Pursuant to the Agreement, City agreed to compensate Southern California Fleet
Services, Inc., a California corporation a Not to Exceed amount of One Hundred
Twenty Thousand Dollars and 00/100 ($120,000.00).
C. The parties desire to enter into this Assignment to assign the rights under the
Agreement from Southern California Fleet Services, Inc. to SVT Fleet, LLC.
D. In addition, the parties desire to enter into this Amendment No. One to update the
Project Manger's contact information, and the notices section.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
ASSIGNMENT
As of the Effective Date of this Assignment, SVT Fleet hereby accepts such
assignment and hereby assumes, agrees and undertakes to perform all obligations of
Southern California Fleet Services, Inc., pursuant to the Agreement. Any reference to
Southern California Fleet Services, Inc., and/or Contractor in the Agreement, shall be
deemed to be a reference to SVT Fleet.
As of the Effective Date of this Assignment, Southern California Fleet Services,
Inc. shall have no further rights of any kind whatsoever under the Agreement, as
amended.
2. PROJECT MANAGER
Section 5.1 of the Agreement shall be amended in its entirety and replaced
with the following: "Contractor shall designate a Project Manager, who shall
coordinate all phases of the Project. This Project Manager shall be available to City
at all reasonable times during the Agreement term. Contractor has designated Esther
_Santos to be its Project Manager. Contractor shall not remove or reassign the Project
Manager or any personnel listea in - E `RFEiFt-A or -assign -any new or replacement
personnel to the Project without the prior written consent of City. City's approval shall
not be unreasonably withheld with respect to the removal or assignment of non -key
personnel."
3. NOTICES
Section 23.3 of the Agreement shall be 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: Esther Santos
SVT Fleet, LLC
2429 Peck Road
Whittier, CA 90601"
4. CITY CONSENT TO ASSIGNMENT
Pursuant to Section 15 of the Agreement, as amended, City approves of this
Assignment.
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.
6. COUNTERPARTS
This Assignment may be executed in two (2) or more counterparts, each of which
shall be deemed an original and all of which together shall constitute one (1) and the
same instrument.
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SVT Fleet, LLC Assignment Agreement Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Assignment and
Amendment No. One on the date first above written.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2-�
By: , -Z
-<Aay6n C rp a
ity Attorney
,l-
ATTEST:
Date: "23.
CITY
OF NEWPORT BEACH,
a California municipal corporation
Date: i 2y j z�
By:
Gr . Leung
Ci Manager
SOUTHERN CALIFORNIA FLEET
SERVICES, INC., a California corporation
Date:
By: 46�By:
Leilani I. Brown
City Clerk
Signed in Counterpart
Tom Franchina
President/Secretary
SVT FLEET, LLC, a California limited
liability company
Date:
Signed in Counterpart
Bv:
Bradley C. Fauvre
Co -President and Co -Secretary
Date:
Signed in Counterpart
Bryan Kobus
Chief Financial Officer
[END OF SIGNATURES]
SVT Fleet, LLC Assignment Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Assignment and
Amendment No. One on the date first above written.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
g Cityney Att roN�M�
ATTEST:
Date:
M
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
SOUTHERN
SERVICES, INC
Date:
go
CALIFORNIA FLEET
a California corporation
Leilani I. Brown Tom Franchina
City Clerk President/Secretary
SVT FLEET, LLC, a California limited
liability company
Dater 11120ZH
By: `
Bradley C. Fauvre
Co -President and Co -Secretary
Date:
By:
Bryan bus
Chief Financial Officer
[END OF SIGNATURES]
SVT Fleet, LLC Assignment Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Assignment and
Amendment No. One on the date first above written.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I - �(— 2V
By:
CWa r C. a
'Att rney o%��
ATTEST:
[date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
SOUTHERN CALIFORNIA FLEET
SERVICES, INC., a California corporation
Date: -
By: 'L
to' m Fra china
President/Secretary
SVT FLEET, LLC, a California limited
liability company
Date:
in
Bradley C. Fauvre
Co -President and Co -Secretary
Date:
In
Bryan Kobus
Chief Financial Officer
[END OF SIGNATURES]
SVT Fleet, LLC Assignment Agreement Page 3