Fulton County Board of Commissioners : I t em A genda Item Su 0846 WuoN flllNnr Page 1 of 1 BOC Meetin g Date October 3 , 2012 Requesting Agency Commission Districts Affected Department of Purchasing & Contract Compliance All Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.) Request approval to accept name change and authorizing the Department of Purchasing & Contract Compliance, to reflect the name change of EMC Engineers, Inc. to Eaton Energy Solutions, Inc. on contract RFP #10RFP73063K-JD, Standby Professional Services for Facilities Related Planning, Design, Engineering and Assessments - Energy Management and Integrated Building Commissioning Services effective upon BOC approval. Requirement for Board Action (Cite specific Board policy, statute or code requirement) In accordance with Board Policy #800-6, contract modifications within the scope of the contract & necessary for contract completion of the contract, in the specifications, services, time of performance or terms and conditions of the contract shall be forwarded to the Board of Commissioners for approval. Is this Item Goal Related? (If yes, describe how this action meets the specific Board Focus Area or Goal) q Yes ® No Summary & Background (First sentence includes Agency recommendation. Provide an executive summary of the action that gives an overview of the relevant details for the item.) The Department of Purchasing & Contract Compliance requests approval to accept of name change for the contractor of RFP #10RFP73063K-JD, Standby Professional Services for Facilities Related Planning, Design, Engineering and Assessments - Energy Management and Integrated Building Commissioning Services. On September 21, 2011, the Board of Commissioners approved BOC Item #11-0844 with EMC Engineers, Inc. in the amount of $200,000 for the above-referenced contract. EMC Engineers, Inc. has changed its name to Eaton Energy Solutions, Inc., effective September 16, 2011. In order to be in compliance with Fulton County Government policies and contract agreement terms and conditions the name change has to be approved by the BOC. There has been no change in management, and the contractor will continue to provide the same level of service as required for specified projects. Fiscal Impact / Funding Source (Include projected cost, approved budget amount and account number, source of funds, and any future funding requirements.) NA Exhibits Attached (Provide copies of originals, number exhibits consecutively, and label all exhibits in the upper right corner.) Exhibit 1: Name Change Announcement Letter Exhibit 2: Articles of Amendment with Secretary of State of Colorado for Name Change Source of Additional Information (Type Name, Title, Agency and Phone) David L. Ricks, Director, Facilities & Transportation Services Department (404) 612-5911 Agency Director Approval Typed Name and Title Felicia Strong Whitaker, Director I - ,%I I I LJ I I Eaton Corporation 1111 Superior Avenue Cleveland, OH. 44114 tel: (216) 523.4718 fax: (216) 479-7268 December 5, 2011 Department of the Treasury Internal Revenue Service Center Ogden, UT 84201-0012 RE: Request for Name Change Eaton Energy Solutions, Inc. (f.k.a. EMC Engineers, Inc.) EIN #84-0715690 To Whom It May Concern: Enclosed please find a copy of our Articles of Amendment filed with the Colorado Secretary of State changing the name of EMC Engineers, Inc. to Eaton Energy Solutions, Inc. effective September 16, 2011. We request that you update our account to reflect the above mentioned name change as soon as possible. Sincerely, it -.n Thomas E. Moran Vice President and Secretary Return Receipt Fee (Endorsement Required) Restricted Detive;y Fee (Endorsement Required) ant To Dept. of the Treasury Internal Revenue Service Center Tiy iaia: zir O g den, UT 84201-0012 ireer t '= orPOB oxNo 7010 1870 0002 7246 6669 Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.state.co.us and select Business. Colorado Secretary of State Date and Time: 09/16/2011 10:16 AM ID Number: 19871307769 $25.00 Document number: 20111523156 Amount Paid: $25.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Amendment filed pursuant to §7-90-301, et seq. and §7-110-106 of the Colorado Revised Statutes (C.R.S.) ID number: 19871307769 1. Entity name: E M C ENGINEERS, INC. (If changing the name of the corporation, indicate name BEFORE the name change) 2. New Entity name: (if applicable) Eaton Energy Solutions, Inc. 3. Use of Restricted Words (fany of these terms are contained in an entity name, true name of an entity, trade name or trademark stated in this document, mark the applicable box): q "bank" or "trust" or any derivative thereof q "credit union" q "savings and loan" q "insurance", "casualty", "mutual", or "surety" 4. Other amendments, if any, are attached. 5. If the amendment provides for an exchange, reclassification or cancellation of issued shares, the attachment states the provisions for implementing the amendment. 6. If the corporation's period of duration as amended is less than perpetual, state the date on which the period of duration expires: (mm/dd/yyyy) OR If the corporation's period of duration as amended is perpetual, mark this box: q3 7. (Optional) Delayed effective date: (mm/dd/yyyy) Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. AMD_PC 7010 1870 0002 7246 6669 Page 1 of 2 Rev. 5/01/2010 8. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Moran Thomas (Last) E (First) (Middle) (Sulx! c/o Eaton Corporation (Street name and number or Post Office information) 1111 Superior Avenue Cleveland OH 44114 (City) (State) United States (Province - if applicable) (PostaP p Code) (Country - if not US) (The document need not state the true name and address of more than one individual. However, ifyou wish to state the name and address of any additional individuals causing the document to be deliveredfor filing, mark this box q and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. AMD PC 7010 1870 0002 7246 6669 Page 2 of 2 Rev. 5101/2010