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2390 IRFQ 18/19-100 American Welding Groupwrt rUN�-i Di�ARTM'ENT Wednesday, December 01, 2021 Y-73 To: City Clerk RE: IRFQ 18/19-100 American Welding Group The item(s) noted below is/are attached and forwarded to your office for the following action(s): F-1 Development Order F-1 Mayor's signature F-1 Final Plat (original mylars) F-1 Recording F-1 Letter of Credit r-1 Rendering ❑ Maintenance Bond Z Safe keeping (Vault) F-1 Ordinance ❑ Deputy City Manager F-1 Performance Bond F-1 Payment Bond ❑ Resolution F-1 City Manager Signature F1 R City Clerk Attest/Signature F-1 City Attorney/Signature Once completed, please: M Return originals to Purchasing- Department ❑ Return copies 0 Special Instructions: Purchasing Coordinator 1 -Dec -21 From Date TADept_f6rms\City Clerk Transmittal Memo - 2009.doc ASSIGNMENT OF AGREEMENT BETWEEN THE CITY OF SANFORD AND COMPRESSED GAS SOLUTIONS, INC -TRFQ18/19~YgW-OXYGEN CYLINDERS - �� THIS �S|GNk0E0TC)FAGREEMENT (this ^AaeiOnnoent")iomade onth|o)3Admy of . 2021. by and between the City of Ganford. Florida, a municipal corporation, whose address is 300 North Park Avenue, 8anfonJ, Florida 32771 ("City), and American Welding & Gas' Inc., a North Carolina corporate entity, which authVhzed to do business in the State ofFlorida, ("American Welding & Gas" throughout)") whose Florida corporate principal and mailing address is 4900 Falls Of Neuse Road, Suite 150, F{e|eigh, North Carolina 27609. assignee of the City's former vendor, Compressed Goa Solutions, Inc., a now inactive Florida onrponaUon, which was also known as Old OGS, Inc. ("Compressed Gas Solutions" throughout)") whose Florida former corporate address and contact address is now 1212 Cho|oao Place, Orlando, Florida 32803.. N//TNES SETH: Wheremu, the City and Compressed Gas Solutions entered an agreement relative hothe provision ofoxygen cylinders URFQ18/1B-1DOA;and Whereas, Compressed Gas Solutions has assigned all of its contracts of the nature ofthe contract entered with the City tnAmerican Welding & Gas; and ` Whereas, subject to the terms of this Assignment, Arnehoon Welding & Gas desires buaccept the obligations ofrelative to the Compressed Gas Solutions contract with the City and the City desires to accept such assignment and allow American Welding & Gas to undertake and perform the obligations of Compressed Gas Solutions under the Agreement between the City and Compressed Gas Solutions; and Whereas, American Welding & Gas and the City desire to providefor and implement the assignment of Compressed Gas Solutions' rights under the Compressed Gas Solutions Agreement with the City as set forth herein to American Welding & Gas. Now, Therefore, for good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, the parties hereby agree aafollows: Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2.Assignment; Acceptance ofand Consent toAssignment. American Welding & Gas hereby all ofCompressed Gas Solutions' rights, duties, and obligations under Compressed Gas Solutions' Agreement with the City and agrees tobmbound by, and to heeo, observe and oarfonn, the tarmo, covenants and conditions of the Compressed Gas Solutions agreement as attached. The City has relied on the representations ofAmerican Welding & Gas iDthe documents provided tothe City and Compressed Gas Solutions' actions underthe Agreement with the City are hereby ratified and affirmed byAmerican Welding & Gas byvirtue ofthe assignment. American Welding & Gas affirms that the City has fully performed in every respect and that there are no dainne against the Qh/ pending or which will be made and, further, that this gfV|| and plenary na|eome of the City. This annual procurement engagement shall hereby be renewed for an additional 1 -year period (November 20, 2021 Ul[oWQh November 20, 2O22) and beineffect consistent with the terms ofSection 4ofthe assigned agreement. Section 3' Entire Agreement. This Aeaignrnent, together with the underlying referenced assigned agreement, embody the entire agreement and understanding of the parties hereto with respect tothe subject matter hereof and supersedes all prior and conternporaneau; agreements, and understandings, oral or written, relating to said agro=(251L EnWrgad this,�day of November, 2021 with all signatories below representing and affirming that they have full and pip -nary authority to execute this document. Attest: By - Vice PresidenYSecretary Attest'. Traci Houchin, WOC, FCRM City Clerk livaLas to f rm arid le#gs icie cy. -01 tv,4 L . Colbert Ci Attomu 14 A1A11C-- IV fif-4 AMERICAN WELDING & GAS, INC,, a North Carolina corporation - A eel Ja&6'rVKrieqer President