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HomeMy WebLinkAboutCC Resolution 13661 (On-Call Electrical Maintenance)RESOLUTION NO. 13661 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONSENTING TO THE ASSIGNMENT BY DON CARAMAGNO, DBA DC ELECTRIC TO DC ELECTRIC GROUP, INC. OF CONTRACTS WITH THE CITY OF SAN RAFAEL FOR ON-CALL ELECTRICAL MAINTENANCE, DATED NOVEMBER 5, 2012, AND FOR TRAFFIC SIGNAL PREVENTIVE MAINTENANCE AND REPAIR PROGRAM, DATED OCTOBER 15, 2013 Whereas, the City of San Rafael entered into two contracts with Don Caramagno dba DC Electric, one for on-call electrical maintenance, dated November 5, 2012, and the other for traffic signal preventive maintenance and repair program, dated October 15, 2013; and Whereas, on November 1, 2013, Don Caramagno dba DC Electric, transferred the assets of his business, including the two contracts with the City, to DC Electric Group, Inc., as evidenced by an Assignment of Contracts, dated November 25, 2013, a copy of which is attached hereto, as Exhibit A; and Whereas, the City's consent to the assignment of the two aforementioned contracts has been requested pursuant to Section 4.08 of the General Conditions incorporated into the contracts; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES that it consents to the assignment by Don Caramagno dba DC Electric to DC Electric Group, Inc. of the contracts with the City for on-call electrical maintenance, dated November 5, 2012, and for traffic signal maintenance and repair program, dated October 15, 2013. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 16t" day of December, 2013, by the following vote, to wit: AWES: COUNCII.MEMBERS: Bushey, Colin, McCullough & `'ice -Mayor Connolly NOES: COUNCILMEMBERS: None ABSENT: COUNCILME-IBERS: Mayor Phillips `g� jam' _ - A" e E,STHER C. BEIRNE. Cite Clerk ASSIGNMENT OF CONTRACTS This Assignment of Contracts is entered into by and between Don Caramagno individually and dba DC ELECTRIC and DC ELECTRIC GROUP, INC. (hereinafter referred to as "The Corporation") with reference to the following considerations: A. Prior to November 1, 2013, Don Caramagno was operating an electrical contracting business known as DC ELECTRIC, as a sole proprietor. B. The Articles of Incorporation for DC ELECTRIC GROUP, INC. were filed on or about July 31, 2013. C. The assets of DC ELECTRIC were transferred to The Corporation effective November 1, 2013. Such assets included contracts for work in progress or work to be undertaken on or after November 1, 2013. IT IS THEREFORE AGREED AS FOLLOWS: 1. Assienment of Contracts. It is hereby confirmed that all contracts entered into by and between the City of San Rafael and Don Caramagno individually and dba DC ELECTRIC were transferred to The Corporation effective as of November 1, 2013. 2. Shareholders. Don Caramagno is the sole shareholder of The Corporation. Dated: November 25, 2013 DON CARAMAGNO, Individually and dba DC ELECTRIC DC k,6ECTRIC GROUP,;j C. Dated: November 25, 2013 13y DON CARAIMAGNO. President