HomeMy WebLinkAboutContract 56569-CA1 CSC No. 56569-CAl
CETY OF FORT
ASSIGNMENT
ENT
For value, received Total Recreation Products, Inc. ("Assignor"), hereby assigns to
Cunningham Recreation, Inc. ("Assignee"), all of its right, title and interest in and to any and all
sums of money now due or to become due from the City of Fort Worth to Assignor under PSK
1452/CSCO 56569(the "Contracts") and Assignee agrees to assume and perform all duties and
obligations required by Assignor under the terms of the Contracts.
This Assignment constitutes the entire agreement between Assignor and Assignee with
respect to the subject matter hereof. No modification of any provision of this Assignment shall
be effective unless in writing and signed by Assignor and Assignee. This Assignment shall inure
to the benefit of and be binding upon Assignor and Assignee and their respective successors and
assigns. This Assignment shall be governed by the terms of the original Contracts between
Assignor and various other entities and the City of Fort Worth and the laws of the State of Texas,
without application of principles of conflicts of law.
This Assignment may be executed in one or more counterparts each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
Signed signature pages may be transmitted by facsimile or e-mail, and any such signature shall
have the same legal effect as an original.
Dated the day of 2022.
Total Recreation Products, Inc.
(Assignor)
By: �- C
Print:
Title: Chief Operat ngJOfficer
Cunningham Recreation, Inc.
(Assignee)
By:
9
Print: (r I Lkh n r ro hhnl
Title: Chief Financial O cer
OFFICIAL RECORD
CITY SECRETARY
Assignment FT. WORTH, TX
NOTARY ACKNOWLEDGEMENT
On the ZU day of ` ; -A 2022, personally appeared
r a-11 1„^„'i,.",., who acknowledged to me that (s)he is the Chief Operating Officer of Total
Recreation Products, Inc. ("Assignor'), and that (s)he executed this document for the purposes
and consideration contained herein.
Tot+Rcr�e n Pro ts,Inc.
By:Pri C ;I n i nq jr)(2nj
Title: Chief Ope ating Officer
SUBSCRIBED TO before me on this day of , 2022.
"A � Notary Public in and for the Mate of tvr . cl-1-1L l�
- ' Y My commission Expires: �c l-,
C, �'U I3 i✓1 G =
NOTARY ACKNOWLEDGEMENT
On the day of _ _l,. 2022, personally appeared
who acknowledged to me that (s)he is the Chief Financial Officer of
Cunningham Recreation, Inc. ("Assignee"), and that (s)he executed this document for the
purposes and consideration contained herein.
C g am ecreation, JAC.
By., '
Print: Linder unni neffflaficer
Title: Chief Financial
SUBSCRIBED TO before me on this 2L day of .4 2022.
Notary Public in and for the State of k,',,i -(, C. h[-
-- My commission Expires:
"•, - `. iM �_}is �`
r. 1'
1
OFFICIAL RECORD
CITY SECRETARY
Assignment FT. WORTH, TX
CONSENT TO ASSIGNMENT
The City of Fort Worth consents to the assignment of Total Recreation Products, Inc.
("Assignor") to Cunningham Recreation, Inc. ("Assignee"), of all its rights, title, and obligation
owing and all funds due or to become due to Assignor under PSK 1452/CSCO 56569 as long as
all terms required of Assignor in said contracts are met by Assignee.
CITY OF FORT WORTH
A_ Jul 29, 2022
Reg nald Zeno(Jul 29,2022 13:47 CDT)
Reginald Zeno—Interim Assistant City Manager Date
41�17'el""aa" Jul 29, 2022
Anthony Rousseau, Assistant Director—FMS Date
FORT �
�a>F°°°°°°°°°�L d
0
ATTESTED BY: �`�o 0.��
9V° ��
yanne�fe S. Goodall S
Jannette S.Goodall(Jul 29,202213:56 CDT) 1 *o°° o o J u 1 29, 2022
Jannette Goodall, City Secretary d��� 00000 ICY 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.
s� P Jul 29, 2022
Employee Signature/Date
District Superintendent
Title
OFFICIAL RECORD
CITY SECRETARY
Assignment FT. WORTH, TX
Form Request for Taxpayer Give Form to the
(Rev.October2018) Identification Number and Certification requester.Do not
Depa ImentoftheTreasury send to the IRS.
Internal Revenue Service ►Go to www.irs.gov/FormWQ for Instructions and the latest information.
1 Name(as shown on your income tax return),Name Is required on this line;do not leave this line blank.
Cunningham Associates Inc,
2 Business name/disregarded entity name,if different from above
Cunningham Recreation
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
a Instructions on page 3),
p ❑- Individual/sale proprietor or 0 C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate
ai single-member LLC Exempt payee code(if any)
0
❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)►
`o Note:Check the appropriate box In the line above for the tax classification of the single-member owner. po not check Exemption from FATCA reporting
LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC Is ( y)
I another LLC that Is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code if an
Is disregarded from the owner should check the appropriate box for the tax classification of Its owner.
It
2 ❑ Other(see Instructions)► (appries to—Wnrs"mOtalmd outside the U.S.)
{rnj 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional)
m
P.O. Box 240981
6 City,state,and ZIP code
Charlotte NC 28224
7 List account number(s)here(optional)
i
Taxpayer Identification Number TIN j
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(S .However,for a -IB
resident alien,sole proprietor,or disregarded entity,see the instructions for Hart I,later.For other I
I
entitles,It is your employer identification number(EIN).If you do not have a number,see How 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.
M54 - 0 $ 8 131
9 7 9
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
2.1 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(a)the IRS has notified me that I am
no longer subject to backup withholding;and
3.1 am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA oode(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 1/12/2022
Here U.S.person► pate►
General Instructions •Farm 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.gov1FormW9. .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), i
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.10231 X Form w-$(Rev.10-2018)
AM
CUNNINGHRECREATION www.cunninghamrec.com
Box 240981 Charlotte, NC 28224 Office: 704.525.5174 Fax: 704.625.7356 Toll Free: 800.438.2780
July 26, 2022
To Whom It May Concern,
Total Recreation Products Inc. was recently sold to Cunningham Recreation. Cunningham Recreation is
the exclusive representative for GameTime in 16 other states, and will be taking over Texas for Total
Recreation Products Inc.
This sale includes the transfer of`ownership' on any existing contracts and receivables to Cunningham
Recreation for processing of purchase orders and invoices effective 6/10/2022.
Please let us know if you have any questions or need further information.
Sincerely,
Sc4'
Scott Cunningham
President
Design Build PLAY! y�. .
4
Form 301 This space reserved for office use.
(Revised 05111)
Submit in duplicate to: �4.
Secretary of State
P.O. Box 13697
Austin, TX 78711-3697 Application for
512 463-5555 Registration of a
FAX: 512/463-5709 Foreign For-Profit
Filing Fee: $750 Corporation
I
1. The entity is a foreign for-profit corporation. The name of the entity is:
Cunningham Associates,Inc
Provide the fall legal narrae of the entity as slated in the eentity s formation document in its jurisdiction offarrnation.
2A. The name of the corporation in its jurisdiction of formation does not contain the word
"corporation," "company," "incorporated," or"li.lTlited" (or an abbreviation thereof). The name of the
corporation with the word or abbreviation that it elects to add for use in Texas is: `
2B. The corporation name is not available in Texas. The assumed name under which the corporation
will qualify and transact business in Texas is:
The assumed name must include can acceptable organizational identifier or an accepted abbreviation oj'one of these terns.
3. Its federal employer identification number is: 540883979
❑ federal employer identification number information is not available at this time.
4. It is incorporated under the laws of: (set forth,State or foreign cGUntry) Virginia
and the elate of its formation in that jurisdiction is: 09/21/1970
nun/dd/yyyy
5. As of the date of filing, the undersigned certifies that the foreign corporation currently exists as a
valid corporation under the laws of the jurisdiction of its formation.
6. The purpose or purposes of the corporation that it proposes to pursue in the transaction of business
in Texas are set forth below.
i
Sale and installation of commercial park and playground equipment '
The corporation also certifies that it is authorized to pursue such stated purpose or purposes in the
state or country under which it is incorporated.
7. The date on which the foreign entity intends to transact business in Texas, or the date on which the
foreign entity first transacted business in Texas is: 06/09/2022
mm/dd/yyyy Late fees may apply(see ilastrtactiora.$).
8. The principal office address of the corporation is:
5818 Old Pineville Road Charlotte NC USA 28217
Address City State Country ZipCode
Forfn 391 5
Effectiveness of Filing(Select either A,n,or C.)
A. ❑✓ This document becomes effective when the document is filed by the secretary of state.
B. ❑ This document becomes effective at a later date, which is not more than ninety (90) days from
the date of signing. The delayed effective date is:
C. ❑ This document takes effect upon the occurrence of a future event or fact, other than the
passage of time. The 90"' day after the date of signing is:
The following event or fact will cause the document to take effect in the manner described below:
i
Execution
The undersigned affirms that the person designated. as registered agent has consented to the
appointment. The undersigned signs this document subject to the penalties imposed by law for the
submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the
undersigned is authorized under the provisions of law governing the entity to execute the filing
instrument.
Date: 619122
Signature of &horized person(see instructions)
Printed or typed narne of authorized person.
I
I
s
Form 30l 7
Board® vendor c• -ct Informatio
Vendor Name Cunningham Recreation (formerly Gametime/Total
Recreation Products, Inc.)
Contact Kelly O Conner
Phone Number 8003929909
Email kelly@totalrecreation.net
Website www.totaIrecreation.net
Federal ID 54-0883979
Accepts RFQs Yes
Address Line 1 17802 Grant Road
Vendor City Cypress
Vendor Zip 77429
Vendor State TX
Vendor Country USA
Delivery Days 32
Freight Terms FOB Destination
Payment Terms Net 30 Days
Shipping Terms Pre-paid and added to invoice
Ship Via Common Carrier
Is Designated Dealer No
EDGAR Forms Received Yes
Service-Disabled Veteran Owned No
Minority Owned No
Women Owned No
Is National Yes
No Excluded Foreign Terrorist Orgs Yes
No Israel Boycott Certificate Yes
Is MWBE No
Regions Served All Texas Regions
States Served Louisiana, Texas
Contract Name Parks and Recreation Equipment and Field Lighting Products
Contract# 592-19
Effective Date 10/01/2019
Expiration Date 09/30/2022
Quote Reference Number 592-19
Return Policy Freight each way and 25% restocking within 30 days.
Custom orders non-refundable.
7/25/2022 2:52 PM
Board' Vendor Contract • - •
7/25/2022 2:52 PM