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HomeMy WebLinkAboutA9265 - Southern California Fleet Services, Inc. & Velocity Vehicle Group dba SVT Fleet LLCCONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Assignment, Assumption, & Consent Agreement Southern California Fleet Services, Inc. & Velocity Vehicle Group dba SVT Fleet LLC Tom Franchina tfranchina@socalfleet.com A9265 Assignment: Southern California Fleet Services, Inc. to Velocity Vehicle Group dba SVT Fleet LLC Tom Franchina, tfranchina@socalfleet.com Maintenance & Facilities David McAbee A9625 No - - Procurement - No N/A N/A N/A 6/17/2024 Brian Sotak-Rossman DocuSign Envelope ID: 55259EB6-234C-422D-96C5-8219FBDA228B Revised 4.13.23 Page 1 of 2 ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT THIS ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT (“Assignment”) is made and entered into as of the 17th day of June, 2024, by Southern California Fleet Services, Inc., a California corporation (“Assignor”), Velocity Vehicle Group dba SVT Fleet LLC, a California corporation (“Assignee”), and the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under virtue of the laws of the State of California (“City”). WHEREAS, Assignor and City entered into that certain Contract Services Agreement A9265 dated November 15, 2022, for Fire Apparatus and Heavy Equipment Maintenance and Repair Services (“Agreement”); and WHEREAS, pursuant to 5.3 Prohibition Against Subcontracting or Assignment of the Agreement, Assignor may not assign the Agreement without the written consent of the City; and WHEREAS, on November 13, 2023, Southern California Fleet Services, Inc., notified the City of their intent to enter into an Asset Purchase Agreement, pursuant to which it will transfer substantially all of its assets, including Contract Services Agreement A9265 to SVT Fleet, LLC, a wholly owned subsidiary of Velocity Vehicle Group; and WHEREAS, Assignor desires to assign the Agreement, Assignee agrees to assume the obligations of Assignor pursuant to the Agreement, and City desires to consent to such assignment of the Agreement. NOW, THEREFORE, in consideration of the premises and their respective best interests, the parties agree as follows: 1. Assignor assigns to Assignee the rights and obligations of Assignor as provided in the Agreement. 2. Assignee accepts the assignment of the Agreement and agrees to assume and perform all covenants and obligations required of Assignor thereunder to the extent, but only to the extent, occurring or accruing from and after the date hereof. Assignee covenants and agrees to indemnify, save, defend and hold harmless Assignor from and against any and all loss, liability, claims, causes of action, demands, damages, expenses and costs including, but not limited to, reasonable attorneys’ fees and expenses actually incurred existing in favor of or asserted by City under the Agreement, or any other person, and which arise out of or relate to causes of action occurring from and after the date hereof. Assignor hereby agrees to indemnify, save, defend and hold harmless Assignee from and against any and all loss, liability, claims, causes of action, demands, damages, expenses and costs including, but not limited to, reasonable attorneys’ fees and expenses actually incurred existing in favor of or asserted by City under the Agreement, or any other person, and which arise out of or relate to causes of action occurring prior to the date hereof. DocuSign Envelope ID: 55259EB6-234C-422D-96C5-8219FBDA228B Revised 4.13.23 Page 2 of 2 3.City hereby consents to the assignment by Assignor to Assignee pursuant to the terms hereof and acknowledges that from and after the date hereof, Assignee has assumed all of Assignor’s obligations with regard to the Agreement. 4.Assignor and City do hereby represent and warrant to Assignee neither party is in default under the Agreement, nor does there exist any matter that, but for the passage of time, would constitute a default under the Agreement. 5.This Assignment may be executed in any number of counterpart copies which together shall constitute one and the same document; and a signed copy of this Assignment sent by a party by fax or email shall be effective and binding on the sending party as if it was an original signed copy of the document. IN WITNESS WHEREOF, the undersigned have executed this Assignment, Assumption, and Consent Agreement to be effective as of the day and year first above written. ASSIGNOR: ASSIGNEE: Southern California Fleet Services, Inc. Velocity Vehicle Group dba SVT Fleet, LLC By: By: __ Name: Name: __ Title: Title: __ By: By: __ Name: Name: __ Title: Title: __ CITY: CITY OF PALM SPRINGS By:______________________ Name:____________________ City Manager APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk DocuSign Envelope ID: 55259EB6-234C-422D-96C5-8219FBDA228B Tom Franchina Tom Franchina 6/17/2024 President President 6/17/2024 President 6/18/2024 Michael Thompson Scott Stiles 6/19/2024