Title
Request for Consent to Assignment of Services Agreement AGR17-01, Changing the Assignment from Diamond Marketing Solutions Group, Inc. to Output Services Group, Inc. (OSG) and Approval of Related Amendment No. 2.
Recommended Action
I move that the Board of Public Utilities approve the Consent to Assignment of Services Agreement AGR17-01, changing the assignment from Diamond Marketing Solutions Group, Inc. to Output Services Group, Inc. (OSG) and the related Amendment No. 2 to Services Agreement AGR-17-01, and forward both to Council for approval.
Staff Recommendation
Staff recommends approval of the Consent to Assignment of Services Agreement AGR17-01 and Amendment No. 2 to Services Agreement AGR-17-01 as presented.
Body
Los Alamos Department of Public Utilities entered into Services Agreement AGR17-01 on February 1, 2017, with Diversified Data Processing & Consulting Inc (DivDat) to laser print, insert and mail monthly utility statements and past due notices to DPU customers; print and insert utility bill stuffers; generate electronic bill presentations (e-billing); and integrate utility data with the Los Alamos DPU App . The term of the agreement is from March 1, 2017 through February 28, 2021.
As required under Section O of Services Agreement AGR17-01, DPU received a July 17, 2018 letter from DivDat informing Los Alamos County that on June 26, 2018, DivDat entered into an Asset Purchase Agreement with Diamond Marketing Solutions Group, Inc. DivDat further requested the irrevocable consent from Los Alamos County for DivDat to assign its rights and obligations and the delegation of all of its performance under Services Agreement AGR17-01 to Diamond. Specifically, section O states that the “Contractor may not assign this Agreement or any privileges or obligations herein without the prior written consent of the County.” Upon Los Alamos County’s consent and the closing of the Asset Purchase Agreement, Diamond was to be bound by all o...
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