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HomeMy WebLinkAboutContract 53317-CA1 TIA 100 Crescent Court, Suite 1600 �e pY Dallas. Texas 75201 1 lvAL gy 800-375-3835 City of Fort Worth CSC No.53317-CAI Denise Garcia Attn: Assistant City Manager 200 Texas Street Fort Worth,TX 76102 (817) 392-6787 CONSENT TO ASSIGNMENT City of Fort Worth under that certain Contract No. CSC No. 53317, dated January 1, 2020, by and between City of Fort Worth and Truman Arnold Companies dba TACenergy ("Assignor"), as amended to date, if applicable (the "Agreement"), consents to the assignment and transfer by Assignor of Assignor's entire right,title and interest in,to and under the Agreement to TACenergy, LLC("Assignee"),and agrees to acknowledge and treat Assignee as if Assignee were the original party to the Agreement from and after the date of this Consent to Assignment. Specific reference is made to Section 9.1 of the Agreement. Section 9.1 requires the prior written consent of City of Fort Worth for the Agreement to be assigned by Assignor. From the effective date of this Consent, Assignee acknowledges and accepts the foregoing assignment and delegation and expressly assumes, confirms, and agrees to perform, comply with and observe all of the covenants,agreements,terms,conditions, obligations, duties and liabilities of Assignor under the Agreement regardless of when such covenants, agreements, terms, conditions, obligations, duties and liabilities accrued,arose,or were included together with all outstanding and future obligations of any kind whatsoever related thereto. City of Fort Worth and Assignee further agree that Assignee shall be liable for any amounts payable under the Agreement whether arising prior to or after the effective date of this Consent to Assignment, and agrees to look solely to Assignee for satisfaction of the foregoing described obligations under the Agreement. On and after the effective date of this Consent to Assignment, all payments required pursuant to the Agreement and all communications under the Agreement shall be directed to the Assignee as follows: TACenergy, LLC 701 South Robison Rd. P.O Box 1481 Texarkana,TX 75504 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DON'T JUST BUY FUEL (FUEL YOUR FUTDW 100 Crescent Court, Suite 1600 TA..- .e ne rgy Dallas, Texas 75201 800-375-3835 IN WITNESS WHEREOF,the undersigned has executed the foregoing instrument effective as of the 3rd day of May, 2022. UNDERSTOOD,ACKNOWLEDGED AND AGREED TO: City of Fort Worth R�Painald 7Pno By: �o�ay o„ Name: Reginald Zeno Title: Interim ACM/CFO Truman Id Companies dba TACenergy By Name: Fred Sloan Title: Chief Operating Officer TACener LC By: Name: Fred Sloan OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DON'T JUST BUY FUEL FUEL YOUR FvDW CONSENT TO ASSIGNMENT The City of Fort Worth consents to the assignment of Truman Arnold Companies ("Assignor") to TACenergy LLC (Assignee"), of all its rights, title, and obligation owing and all funds due or to become due to Assignor under PSK 14746/CSCO 53317, as long as all terms required of Assignor in said contracts are met by Assignee. CITY OF FORT WORTH May 1, 2022 Cynthia Garcia, Assistant Director—FMS Date � °FORT� a Laad ATTESTED BY: J.o °o�� �7G11'lblG��G cS, GDOG�GIGG P ° ° ° ° May 2 2022 Jannette S.Goodall(May 2,202213:13 CDT) �a °O° °°°*� y Jannette Goodall, City Secretary da °°°°°°°°° a Date APPROVED AS TO FORM AND LEGALITY: John B. Strong,Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Apr 21, 2022 Employee Signature/Date Fleet Fuel Manager Title OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Assignment Page 3 of3 100 Crescent Court, Suite 1600 TIA __.0-E- energy Dallas, Texas 75201 800-375-3835 February 14, 2022 To our valued suppliers, carriers, customers, and other counterparties, TACenergy, historically known as Truman Arnold Companies is making an official corporate change to have our legal name and branding match. In the coming months, the official legal entity name reflected on all paperwork, certificates, and legal documents will soon be TACenergy, LLC. The decades of history we have operated as Truman Arnold Companies (d/b/a TAC Energy) in the petroleum industry makes this step complex, but we felt it was time to have all the pieces fit together under the current brand name— TACenergy. There will be no change in beneficial ownership, our high-quality financial underpinnings, management, or the services and capabilities we provide. Our commitment to our customers and partners remains our highest priority. The goal is to be aligned in reference to who we are in the market and to make it easier today and with future business to know us under one name— TACenergy, LLC. To help you be prepared when paperwork requires the new company reference, we wanted you to be the first to know the change was taking place. There are no specific actions required at this time. In fact, we want to emphasize that all business will continue to be conducted under our current legal name, Truman Arnold Companies, until further notice. We do ask that you consider the impact changing our legal entity will have on your system(s) and inform your accounts payable and receivables departments. We will be providing a new W-9 and Tax ID at the appropriate time, but please let us know any other special requirements you may have to affect this change. The official changeover to the new legal entity name is expected to occur during the 2nd quarter this year, and we will continue to update you on next steps. Again, we are excited for aligning the name on paperwork and the door as we continue to provide the best supply, ordering, distribution, pricing, sales, accounting, and management systems in the wholesale fuel provider marketplace. Please note, our name change will not impact our phone numbers, emails, addresses, or employees. If you have any questions about the required information for change in your system, please reach out to your regular TACenergy contact directly or call us at 800-375-FUEL (3835). Sincerely, Fred Sloan Chief Operating Officer DON'T JUST BUY FUEL FUEL YOUR FIDE Corporations Section ��E Q John B. Scott P.O.Box 13697 �,�� �tt) Secretary of State Austin,Texas 78711-3697 `X Office of the Secretary of State CERTIFICATE OF FILING OF TACenergy, LLC File Number: 804391032 The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above named Domestic Limited Liability Company (LLC) has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law. Dated: 01/17/2022 Effective: 01/17/2022 f John B. Scott Secretary of State Come visit us on the internet athttps://www.sos.texas.gov/ Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services Prepared by: Stacey Ybarra TID: 10306 Document: 1112120250002 Form W 9 Form Request for Taxpayer Give F to the (Rev.October 2018) Identification Number and Certification requester.Do not DepartmentoftheTreasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. f Name(as shown on your Income tax return).Name Is required on this line;do not leave this line blank. TACenergy,LLC 2 Business name/disregarded entity name,if different from above a) 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to ro following seven boxes, certain entities,not individuals;see o. instructions on page 3): o ElIndividual/sole proprietor or ElC Corporation ElS Corporation ElPartnership ❑ Trust/estate c single-member LLC Exempt payee code(if any) ao 41 ❑✓ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► P o Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting = w LLC if the LLC Is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is >_ another LLC that is not disregarded from the owner for U.S,federal tax purposes.Otherwise,a single-member LLC that code(if any) n is disregarded from the owner should check the appropriate box for the tax classification of its owner. w V ❑ Other(see instructions)► I(Applies to accounts maintained outside the U.S.) N to 5 Address(number,street,and apt.or suite no.)See Instructions. Requester's name and address(optional) 100 Crescent Court,Suite 1600 6 City,state,and ZIP code Dallas,TX 75201 7 List account number(s)here(optional) R_:F_rLI_M Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number(SSN). However,fora -m resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later. For other entities,it is your employer identification number(EIN). If you do not have a number, see Now to get a TIN, later. or Note:If the account is in more than one name, see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. M87 - 4 1 6 1 6 1 5 1 9 0 0 Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because: (a)I am exempt from backup withholding,or(b) I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification, but you must provide your correct TIN.See the instructions for Part II, later. Sign Signature of Here I U.S.person Date► General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments .Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published, go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption .Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018)