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R23-071 1 RESOLUTION NO. R23-071 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE 5 ASSIGNMENT AGREEMENT CHANGING THE COMPANY/FIRM NAME 6 FROM GRANITE INLINER, LLC TO INLINER SOLUTIONS, LLC. THE 7 AGREEMENT IS BASED ON SERVICES PROVIDED FOR REQUEST FOR 8 QUALIFICATION RFQ NO. UTL22-013 CURED-IN-PLACE PIPE LINING 9 PRE-QUALIFIED CONTRACTORS; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, on April 19, 2022 by Resolution R22-059, Commission approved the 13 authorization of the Interim City Manager to sign contracts with 3 pre-qualified top ranked 14 contractors for the Request for Qualification RFQ UTL22-013 Cured-In-Place Pipe Lining in 15 various areas of the City on an as-needed basis; and 16 WHEREAS, the City entered into the contract with Granite Inliner, LLC; and 17 WHEREAS,the City has been notified that Granite Inliner, LLC is now known as Inliner 18 Solutions, LLC; and 19 WHEREAS, the City Commission has determined that it is in the best interests of the 20 residents of the City to approve and authorize the City Manager to sign the Assignment 21 Agreement changing the company/firm name from Granite Inliner, LLC to Inliner Solutions, 22 LLC. The Agreement is based on services provided for Request for Qualification RFQ No. 23 UTL22-013 Cured-In-Place Pipe Lining pre-qualified contractors. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. S.\CAVtESO\Agreements\Ass,gnment Agreement(lnliner Solutions)-Reso.docx 29 Section 2. The City Commission does hereby approve and authorize the City 30 Manager to sign the Assignment Agreement changing the company/firm name from Granite 31 Inliner, LLC to Inliner Solutions, LLC.The Agreement is based on services provided for Request 32 for Qualification RFQ No. UTL22-013 Cured-In-Place Pipe Lining pre-qualified contractors, a 33 copy of the Assignment Agreement is attached hereto and incorporated herein as Exhibit"A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 36 PASSED AND ADOPTED this 6th day of June, 2023. 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 YES NO 40 41 Mayor—Ty Penserga ✓ 42 43 Vice Mayor—Thomas Turkin 44 / 45 Commissioner—Angela Cruz '/ 46 47 Commissioner—Woodrow L. Hay 48 49 Commissioner—Aimee Kelley 50 _rte 51 VOTE v 52 ATTEST: 53 54 55 IL it° 01111---- 56 Mayle: D-iesus, MPA MC Ty P • a� 57 City Clerk —""``��� Mayo 58 =p`0NTON B `x i��;•QORA1'- •�'9 Ill 59 � o� ���'y►►► A'PRO ED AS I Fa• : 60 (Corporate Seal) S ; S�� ��� ►� / / 62 ,�g20: i 63 111` FLOR�OP_ ' Michael D. Cirullo,Jr. 64 ' ``..` City Attorney 65 S\CA\RESO\Agreements\Assignment Agreement(Inliner Solutions)-Reso.docx DocuSign Envelope ID: 7EE380FA-58A1-45D7-B22E-812B16BA3B87 ,i Inliner Solutions Ora • 4520 North State Road 37 s 0: i• ,If,n Orleans, IN 47452 812 865 3232 May 10,2023 City of Boynton Beach 100 E. Ocean Ave Boynton Beach, FL 33435 Re: City of Boynton Beach Assignment Agreement My name is Denise C. McClanahan, and I am Executive Vice President of Inliner Solutions, LLC. I am authorized to negotiate, execute and/or attest electronic and paper documents and contracts necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids, bid proposals, bid addenda and all other bid-related documents prepared and submitted on behalf of the Company relating to any and all domestic construction projects arising out of the Company's operations. Further, under Company policy, I am authorized to and hereby delegate my authority to bind the Company to Daniel Banken, Area Director with the Company, for the purpose of submitting a bid for the above-referenced project. Sincerely, Ot 1n 1St Denise C. McClanahan Executive Vice President Inliner Solutions, LLC. ASSIGNMENT AGREEMENT Solicitation Name: "Request for Qualifications — Cured-In-Place Pipe Lining RFQ # UTL22-013 This Assignment Agreement ("Agreement") to RFQ # UTL22-013 (the "Contract") is entered into by Granite Inliner, LLC ("Assignor"); Inliner Solutions, LLC, an Indiana Corporation ("Assignee"); and the City of Boynton Beach, a municipal corporation organized and existing under the laws of the State of Florida ("City"). Assignor, Assignee, and City are collectively referred to herein as the "Parties." Recitals WHEREAS, the Assignor entered into the Contract with the City on April 19, 2022; and, WHEREAS, the Assignor now wishes to assign all its rights and obligations under the Contract to Assignee; and, WHEREAS, the "ASSIGNMENT" section Article 16 in the Contract between the City of Boynton Beach and Granite Inliner, LLC requires express written consent of the City to assign this Contract; and, WHEREAS, the Assignee represents that it can assume and fully perform the Assignor duties under the Contract. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Contract shall be amended as follows: 1. The above recitals are hereby incorporated into this Agreement. 2. The Assignee accepts and agrees to be bound by and fully perform all of Assignor's Contract obligations, duties, and responsibilities, and to abide by all terms and conditions specified in the Contract in the name of Assignor. 3. The Assignee agrees to assume all obligations and liabilities of, and all claims against, the Assignor under the Contract as if the Assignee was the original party to the Contract. 4. The Assignor waives all rights under the Contract as of the effective date of this Agreement. 5. The Parties agree that this Agreement operates as an assignment of the Contract, establishing a new contractual relationship entered into by and between the City and Assignee. 6. The City consents to the assignment. The City, in executing its consent to this Agreement, does not release Assignor from any claims or remedies it may have against Assignor arising prior to the effective date of the assignment of the Contract. 7. The Assignee, by this Agreement, becomes entitled to all rights, titles, and interests of the Assignor in and to the Contract as if the Assignee were the original party to the Contract. 8. The effective date of this Agreement shall be the date of the final signature to this Agreement. {00564857 1 306-9001821} Page 1 of 3 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Qualifications — Cured-In-Place Pipe Lining RFQ # UTL22-013 9. This Agreement is hereby made a part of this Contract. To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force and effect. 10. This Agreement sets forth the understanding between the Parties regarding the subject matter hereof. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective Party. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 12. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. Facsimile and pdf signatures shall be considered to be originals. [Signature page to follow] (00564857.1 306-9001821} Page 2 of 3 ASSIGNMENT AGREEMENT Solicitation Name: "Request for Qualifications — Cured-In-Place Pipe Lining RFQ # UTL22-013 IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives. City: City of Boynton Beach Assignor: G,- it- Inliner By: By: �� , Name: Daniel Dugger Name: Daniel Banken Title: City Manager Title: Area Director Date:JVtL k t a0a-3 Date: 05/10/2023 Assignee: I r •I• i< LLC • By: Name: Daniel Banken Title: Area Director Date: 05/10/2023 • {00564857 1 306-9001821) Page 3 of 3