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HomeMy WebLinkAboutContract 58224-CA1CSC No. 58224-CAl CITY OF FORT WORTH ASSIGNMENT For value received Gear Cleaning Solutions, LLC ("Assignor"), hereby assigns to Fire- Dex GW, LLC ("Assignee"), alI 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 CSCO 58224 (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 +T14 day of t­10 V t i VQ,± ;�Z, 2024. Gear Cleaning Solutions, LLC (Assignor) 7 By - Print: Title: Chief Operating Officer Fire -lax PG'V,V, LLC By: Print. �il� A - Title. f Financial Officer OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Assignment Page I of NOTARY ACKNOWLEDGEMENT O the 4'� day of 00"e,( 2024, personally appeared S4, le, i ), v P,.- , who acknowledged to me that (s)he is the Chief Operating Officer of Gear Cleaning Solutions, LLC ("Assignor"), and that (s)he executed this document for the purposes and consideration contained herein. Gear Cle igozSolutions, LLC By: Title: Chief Operating Officer SUBSCRIBED TO before me on this �h day of O £1V G') 61?f , 2024. rr IVELIZABETH HOLECEK v Notary puhiic e ublic in and for the State of U�1Lv State of Ohio M Comm. Expires My commission Expires: Z-IZ[ f Zq `.. _ y fires February 21, 2029 w x,a NOTARY ACKNOWLEDGEMENT On the day of d U q w � C, 2024, personally appeared bW (i"0-- , who acknowledged to me that (s)he is the Chief Financial Officer of Fire-Dex GW, LLC ("Assignee"), and that (s)he executed this document for the purposes and consideration contained herein. Fir -De W, LLC By: Prin Title. of Financial Officer SUBSCRIBED TO before me on this day of ��;�VP M% , 2024. 41 A ELIZABETH HOLECEK M Notary Public a o State of Ohio r b ? Yoti My Comm. Expires o` February 21, 2029 N yilblic in and tor the §tatp of Ohio My commission Expires: �4 Im Assignment Page 2 of 3 CONSENT TO ASSIGNMENT The City of Fort Worth consents to the assignment of Gear Cleaning Solutions, LLC ("Assignor") to Fire-Dex GW, LLC ("Assignee"), of all its rights, title, and obligation owing and all funds due or to become due to Assignor under CSCO 58224 as long as all terms required of Assignor in said contracts are met by Assignee. CITY OF FORT WORTH Nov 14, 2024 James Davis (Nov 14, 2024 07:55 CST) Department Director Date � Nov 17, 2024 Dana Burghdoff (No 7, 2024dt-42 CST) Assistant City Manager Date p4aonq EORT�add oo�dd 0 ATTESTED BY: p° 000 d 000o aan nEXA?oAp Nov 18, 2024 Jannette Goodall, City Secretary Date APPROVED AS TO FORM AND LEGALITY: City of Fort Worth 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. 4�1 Nov 11, 2024 Employee Signature/Date Fire Purchasing Manager Title OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Assignment Page 3 of 3 GEARA6WASH Fire®Dex November 5, 2024 City of Fort Worth Attn: Tracy Walter 100 Fort Worth Trail Fort Worth, TX 76102 Subject: Notification of Company Change Due to Acquisition Dear Ms. Walter, I hope this message finds you well. I am writing to inform you of an important update regarding your contractual agreement #58224-111. As of October 18, 2024, Gear Cleaning Solutions, LLC has been acquired by Fire-Dex GW, LLC dba Gear Wash. Consequently, all rights, responsibilities, and obligations under the existing contract will be transferred to Fire-Dex GW, LLC. Please note that the terms and conditions of the contract remain unchanged, and Fire-Dex GW, LLC will continue to honor all commitments made by Gear Cleaning Solutions. We assure you that this transition will be seamless and will not affect the quality of service or our ongoing collaboration. Should you have any questions or require further information, please do not hesitate to contact me directly. Sincerely, Jackie Dobro Director of Sales Operations Jackiedobro@firedex.com (330) 427-8453 CONTACT HUMAN RESOURCES 9 780 South Progress Drive, Medina, Ohio 44256 1 ,f 330-723-0000 1 r• hr@firedex.com Corporations Section � E p P.O.Box 13697 °'� F a Austin, Texas 78711-3697 Office of the Secretary of State October 25, 2024 Attn: CT CORPORATION SYSTEM CT Corporation System 701 Brazos Street, Ste. 720 Austin, TX 78701 USA RE: Fire-Dex GW, LLC File Number: 805760867 Jane Nelson Secretary of State It has been our pleasure to file the application for registration and issue the enclosed certificate of filing evidencing the authority of the foreign limited liability company (llc) to transact business in Texas. Unless exempted, the foreign entity is subject to state tax laws, including franchise tax laws. Shortly, the Comptroller of Public Accounts will be contacting the entity at its registered office for information that will assist the Comptroller in setting up the franchise tax account for the foreign entity. Information about franchise tax, and contact information for the Comptroller's office, is available on their web site at httbs://window.state.tx.us/taxinfo/franchise/index.html. The registered foreign entity is not required to file annual reports with the Secretary of State. An application for amended registration must be filed with the Secretary of State if the foreign entity changes its name, changes the purposes to be pursued in Texas, or changes the assumed name it elected to use on its application for registration. It is important for the foreign entity to continuously maintain a registered agent and office in Texas. Failure to maintain an agent or office or file a change to the information in Texas may result in the revocation of the entity's registration by the Secretary of State. If we can be of further service at any time, please let us know. Sincerely, Corporations Section Business & Public Filings Division (512) 463-5555 Enclosure Come visit us on the internet at https://www.sos.texas.gov/ Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Annie Cooper TID: 10292 Document: 1417138420003 Corporations Section �� E O P.O.Box 13697 Austin, Texas 78711-3697 ` Jane Nelson Secretary of State Office of the Secretary of State CERTIFICATE OF FILING OF Fire-Dex GW, LLC File Number: 805760867 The undersigned, as Secretary of State of Texas, hereby certifies that an Application for Registration for the above named Foreign Limited Liability Company (LLC) to transact business in this State 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 the authority of the entity to transact business in this State from and after the effective date shown below for the purpose or purposes set forth in the application under the name of Fire-Dex GW, LLC 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: 10/24/2024 Effective: 10/24/2024 Jane Nelson Secretary of State Come visit us on the internet at https://www. sos. texas.gov/ Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Annie Cooper TID: 10308 Document: 1417138420003 Filing#:805760867 Document#:1417138420003 Filed On 10/24/2024 received by Upload Form 304 (Revised 05111) Submit in duplicate to: Secretary of State P.O. Box 13697 Austin, TX 78711-3697 512 463-5555 FAX: 5121463-5709 Filing Fee: $750 Application for Registration of a Foreign Limited Liability Company This space reserved for office use. The entity is a foreign limited liability company. The name of the entity is: Fire-Dex GW, LLC Provide lire full legal name of the entity as stated in the entity's formarion document in its jurisdiction offormadon. 2A. The name of the entity in its jurisdiction of formation does not contain the word "limited liability company" or "limited company" (or an abbreviation thereof). The name of the entity with the word or abbreviation that it elects to add for use in Texas is: 2B. The entity name is not available in Texas. The assumed name under which the entity will qualify and transact business in Texas is: The assumed name must include an acceptable organizational identfer or an aoccepled abbreviation of one of these terms. 3. Its federal employer identification number is: 84-2645138 ❑ Federal employer identification number information is not available at this time. 4. 1t is organized under the law$ of: (set forth state or foreign country) Ohio and the date of its formation in that jurisdiction is: 07/17/2019 nlndd u"" 5. As of the date of filing, the undersigned certifies that the foreign limited liability company currently exists as a valid limited liability company under the laws of the jurisdiction of its formation. 6. The purpose or purposes of the limited liability company that it proposes to pursue in the transaction of business in Texas are set forth below. Any lawful business or activity under the law of this state The entity also certifies that it is authorized to pursue such stated purpose or purposes in the state or country under which it is organized. 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: 10/18/2024 mvvad yp late fees may apply (see rrutructions). 8. The principal office address of the limited liability company is: 780 South Progress Dr. p Medina OH USA 44256 Address City Stale Country ZWPostal Code Form 304 b TX0 BOC- 11177a0i3 Wo11aa Kk-wonline Complete item 9A or 9B. but not both. Complete item 9C. ® 9A. The registered agent is an organization (cannot be entity named above) by the name Of. C T Corporation System OR ❑ 9B. The registered agent is an individual resident of the state whose name is: First Nance W, IAU Name S4,h 9C. The business address of the registered agent and the registered office address is: 1999 Bryan St. Suite 900 Dallas TX 75201-3136 Street Address C-ity Stare rip Code 10. The entity hereby appoints the Secretary of State of Texas as its agent for service of process under the circumstances set forth in sections 5.251 of the Texas Business Organizations Code. 11. The name and address of each governing person is: ]NAME AND ADDRESS OF GOVERNING PERSON (Enter the name of either an individual or as ol'w =ion, but alas both.) IF INDIVIDUAL See attached list, First Name ,141. Last NOW Suffl- OR IF ORGANIZATION Organization Name Street or Mailing Address City State Carmtry Zip Code NAME AND ADDRESS OF GOVERNING PERSON (Entertht name of aitheran individual wan organization, but not bath.)' IF INDIVIDUAL First Name Atif I. bast Name Suffix OR IF ORGANIZATION Organization Name Street or Mailing Address City State Country Zip Code NAME AND ADDRESS OF GOVERNING PERSON (Enter the name iof either an individual or an organization, but not bath.) IF INDIVIDUAL First Nance M.l. DR IF ORGANIZATION organiz ation►r Name 1 Street or ,tfaifing address City Form 304 Last Name Suffix 7 State Country .Zia Code Tx46300C-tIrz=13WolowKknwo im Supplemental Provisionsnnfonnation Text Area: [The attached addendum. if any. is incorporated herein by reference.] Effectiveness of Filing (Select either A, B, or C.) A_ X❑ 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 901h day after the date of signing is: The following event or fact will cause the document to take effect in the manner described below: 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: 10/24/2024 Fonn 304 Tkns re of authorized person (see instructhons] Taylor Burke Gilman Printed or typed name of auttmrized person. 8 TXOfiM pC • i V27MD Web= Kluwer Onow Form 304-Application for Registration of Foreign Limited Liability Company for: Fire-Dex G W, LLC Question #11--Governing Persons: Name William M. Burke Steve Allison Taylor Burke Gilman David Liana John Karban James D. Kraus Title Address Chairman, Manager 780 S. Progress Dr. Medina, Ohio 44256 Chief Executive Officer 780 S. Progress Dr. Medina, Ohio 44256 President 780 S. Progress Dr. Medina, Ohio 44256 Vice President of Finance, Chief 780 S. Progress Dr. Financial Officer, Treasurer Medina, Ohio 44256 Vice President of Operations 780 S. Progress Dr. Medina, Ohio 44256 Secretary 780 S. Progress Dr. Medina, Ohio 44256 Form W=9 Request for Taxpayer Give form to the (Rev. March 2024) Identification Number and Certification requester. Do not Department of the Treasury Go to www.irs.gov1FormW9 for instructions and the latest information. send to the IRS. Internal Revenue Service Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.) Fire-Dex Inc. 2 Business name/disregarded entity name, if different from above. Fire-Dex GW, LLC c6 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check 4 Exemptions (codes apply only to 0 only one of the following seven boxes. certain entities, not individuals; 0- C ❑ Individual/sole proprietor ❑ C corporation ❑✓ S corporation ❑ Partnership ❑ Trust/estate see instructions on page 3): 0 _ ❑ LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) Exempt payee code (if any) a o Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax Exemption from Foreign Account Tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for its o the tax classification of owner. Compliance Act (FATCA) reporting ❑ Other (see instructions) code (if any) ao y= S 3b If on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, (Applies to accounts maintained y and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check outside the United States.) ythis box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . . . . ❑ ia) 5 Address (number, street, and apt. or suite no.). See instructions. Requester's name and address (optional) 780 S. Progress Drive 6 City, state, and ZIP code Medina, OH 44256 7 List account number(s) here (optional) Fire-Dex GW, LLC FEIN 84-2645138 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, for a 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 How to get a or TIN, later. Employer identification number Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. M34 - 1 3 9 2 6 5 5 JIM 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 (c) 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 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 n �Q�i 711t"i a&al Here U.S. person i"� General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov1F6rmW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. Date 6/3/2024 New line 3b has been added to this form. A flow -through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow -through entity in which it has an ownership interest. This change is intended to provide a flow -through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231 X Form W-9 (Rev. 3-2024) Docusign Envelope ID: B254551A-9748-4099-ABB1-5184570430CD BILL OF SALE For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Gear Cleaning Solutions, LLC ( "Seller"), effective as of the date hereof, hereby sells, assigns, conveys, transfers, and delivers to Fire-Dex GW, LLC, an Ohio limited liability company ("Buyer"), all of Seller's right, title, and interest in and to the Acquired Assets, as defined in that certain Agreement for Purchase of Assets entered into as of October 18, 2024] (the "Agreement") by and among Seller, Buyer, and the Owner (as defined in the Agreement). This Bill of Sale is being executed and delivered in accordance with the Agreement and must be interpreted consistently therewith. Specifically, but without limitation, Seller covenants that title to the Acquired Assets is being conveyed in accordance with the provisions of Sections 1.1 and 7.2(i) of the Agreement. Seller has duly executed this Bill of Sale effective as of October 18, 2024. BUYER: Fire-Dex GW, LLC By: S{t kva awsm, Name: Steve Allison Title: President SELLER: Gear Cleaning Solutions, LLC By: Name: Rick Johnson Its: President 4894-9155-5800, v. 3 Docusign Envelope ID: 5833E907-EBE3-4189-A78F-OE5BD2BAEF09 BILL OF SALE For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Gear Cleaning Solutions, LLC ( "Seller"), effective as of the date hereof, hereby sells, assigns, conveys, transfers, and delivers to Fire-Dex GW, LLC, an Ohio limited liability company ("Buyer"), all of Seller's right, title, and interest in and to the Acquired Assets, as defined in that certain Agreement for Purchase of Assets entered into as of October 18, 2024] (the "Agreement") by and among Seller, Buyer, and the Owner (as defined in the Agreement). This Bill of Sale is being executed and delivered in accordance with the Agreement and must be interpreted consistently therewith. Specifically, but without limitation, Seller covenants that title to the Acquired Assets is being conveyed in accordance with the provisions of Sections 1.1 and 7.2(i) of the Agreement. Seller has duly executed this Bill of Sale effective as of October 18, 2024. BUYER: Fire-Dex GW, LLC By: Name: Steve Allison Title: President SELLER: Gear Cleaning Solutions, LLC By: K& ,,b6,sm& Name: Rick Johnson Its: President 4894-9155-5800, v. 3