Report to Mayor and City Council
Tuesday, February 20, 2024
Consent
SUBJECT:
Title
CONSIDER APPROVAL OF AMENDMENT NO. 2 TO THE WEST COAST FIRE & INTEGRATION, INC SERVICES AGREEMENT (C22-116) TO RATIFY AND AUTHORIZE THE ASSIGNMENT AND TRANSFER OF THE SERVICE AGREEMENT FROM WEST COAST FIRE & INTEGRATION TO CLIMATEC, LLC (CITY COUNCIL)
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I. SUMMARY
West Coast Fire & Integration, Inc. (WCF) was designated as the City's contractor for comprehensive maintenance and monitoring services for all City Fire and Intrusion Systems from July 1, 2022 to June 30, 2027, by way of an agreement between City and WCF dated May 27, 2022 (Agreement).
On September 8, 2023, West Coast Fire & Integration, Inc. was acquired by Climatec, LLC (Climatec) with the intention for Climatec to accept all of WCF's rights, interest, duties and obligations under the Agreement.
Section 4.5 of the Agreement provides that "neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City."
Therefore, staff requests that the City Council approve Amendment No. 2 to authorize the assignment of the Agreement from WCF to Climatec, effective retroactively as of September 8, 2023.
II. RECOMMENDATION
Recommendation
1. APPROVE Amendment No. 2 to the Public Safety Agreement with West Coast Fire & Integration, Inc., to ratify and authorize the assignment and transfer of the service agreement from West Coast Fire & Integration to Climatec, LLC. (Exhibit No. 1)
2. AUTHORIZE the Mayor to execute Amendment No. 2 following approval as to form by the City Attorney.
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III. ALTERNATIVES
1. DO NOT APPROVE any of the staff recommendations; and
2. TAKE any other action the City Council deems appropriate that is consistent with the requirements of the law.
IV. BACKGROUND
On July 5, 2022, Council approved the West Coast Fire & In...
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