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HomeMy WebLinkAboutContract 59757-CA1a CSC No. 59757-CAl CITY OF FORT WORTH ASSIGNMENT For value received LBS Enterprise LLC ("Assignor"), hereby assigns to Perma-Patch, LLC ("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 CSC4 59757 (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 sinned 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 l.L day ofe_kSe 2024, Assgrunent LBS Enterprise LLC (Assignor) $y: Print: 7`•9��y �9 �efsavi E ecGi*7 v� Title: Chief Officer Perma-Patch, LLC (Assignee) By:�- Print., Mark DiBiao Title: VP of Finance OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Pagc 1 00 NOTARY ACKNOWLEDGEMENT Oil the t..--3 day of A�av �,�e2 _ 2024, personally appeared � C1biA,2�sa.? , acknowledged to cue that (s)he is the Chief Operating Officer of LBS Enterprise LLC ("Assi nor"), and that (s)hc executed this document for the purposes and consideration contained herein. L me ise LLC By: Print_ y—X4ee-,r t,Rlelspn Title: Chief Apeia Officer SUBSCRIBED TO before me on this /5 day of Akvel&�� 2024, c� s� AiVGELACLARiC WHITE No ry. iblic in and for the State of� '^ NotarylD#t29420839 +� My Commission Expires My commission Expires: Os June 17, 2025 - NOTARY ACKNOWLEDGEMENT On the day of. OovkmYJp. 2024, personally appeared Mark DiBia6o, , who acknowledged to me that he is the Vice President of finance of Perma-Patch, LLC ("Assignee'), and that he executed this document for the purposes and consideration contained herein. Perma-Patch, LLC,,, By: , Print; Mark DiBiagi Title. VP of Finance SUBSCRIBED TO before me on this _Nk day of r t0%)tylt4" , 2024 GA _ tjoTAR? Assign ilcill 1)r\9. S jck Notary Public in and for tlae State of My commission Expires: 10`t1 —1 Page 2 oi' 3 ._h.II��,.. - CONSENT TO ASSIGNMENT The City of Fort Worth consents to the assignment of LBS Enterprise LLC ("Assignor") to Perma-Patch, LLC ("Assignee"), of all its rights, title, and obligation owing and all funds due or to become due to Assignor under CSCO 59757 as long as all terms required of Assignor in said contracts are met by Assignee. CITY OF FORT WORTH Nov 21, 2024 Lauren Prieur (Nov 21, 202411:07 CST) Department Director Date op�� Nov 26, 2024 Assistant City Manager Date 4,�.a44�n FoF° % � v�o °�S►dd ATTESTED BY: pro o oo id t eze.44p�d Nov 26, 2024 n s a uaan4 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. Z-a, eai[CL 7Deal".%, Nov 21, 2024 Employee Signature/Date Senior Administrative Assistant Title OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Assignment Page 3 of STATE OF MARYLAND Department of Assessments and Taxation I, DANIEL K. PHILLIPS OF THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE STATE OF MARYLAND, DO HEREBY CERTIFY THAT THE DEPARTMENT, BY LAWS OF THE STATE, IS THE CUSTODIAN OF THE RECORDS OF THIS STATE RELATING TO LIMITED LIABILITY COMPANIES, OR THE RIGHTS OF LIMITED LIABILITY COMPANIES TO TRANSACT BUSINESS IN THIS STATE, AND THAT I AM THE PROPER OFFICER TO EXECUTE THIS CERTIFICATE. I FURTHER CERTIFY THAT PERMA-PATCH, LLC (Z18225565) , REGISTERED AUGUST 24, 2017, IS A LIMITED LIABILITY COMPANY EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF DELAWARE, AND THAT THE LIMITED LIABILITY COMPANY IS AT THE TIME OF THIS CERTIFICATE IN GOOD STANDING TO TRANSACT BUSINESS. IN WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY SIGNATURE AND AFFIXED THE SEAL OF THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION OF MARYLAND AT BALTIMORE ON THIS NOVEMBER 06, 2024. t�IVIAI(- Daniel K. Phillips Director 700 East Pratt Street, 2nd Flr, Ste 2700, Baltimore, Maryland 21202 Telephone Baltimore Metro (410) 767-1344 / Outside Baltimore Metro (888) 246-5941 MRS (Maryland Relay Service) (800) 735-2258 TT/Voice Online Certificate Authentication Code: 0_I-oteNkyVCIg164j9Zw To verify the Authentication Code, visit http://dat.maryland.gov/verify Form W-9 Request for Taxpayer Give Form to the (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov1FormW9 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. Perma-Patch, LLC 2 Business nameldisrogarded entity name, if different from above CIS (1) 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 to following seven boxes. certain entities, not individuals; see a o ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): H QC single -member LLC Exempt payee code (if any) 41 v 0 Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► P p 3 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 e 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 disregarded from for federal code fit any) a not the owner U.S, tax purposes. Otherwise, a single -member LLC that w is disregarded from the owner should check the appropriate box for the tax classification of its owner. avi ❑ Other (see instructions) ► (ppfiesmaccountsnmintmdOut&&deu.S) N 5 Address (number, street, and apt. or suite no.) See instructions. I Requester's name and address (optional) 6 6123 Oakleaf Avenue JI 6 City, state, and ZIP code Baltimore, MD 21215 7 List account number(s) here (optional) ILM 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 W m resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (ElN). If you do not have a number, see How to get a d I 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. 8 fl2 -I 2 11 5 13 9 0 5 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 I Signature of Here U.S. person 0- 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.govIFormIN9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), 'individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) date ► f l a i l �(Ja�,. • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1 D99-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a 71N, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) PERMA-PAT(H, PERMANENT PAVEMENT REPAIR 6123 Oakleaf Avenue, Baltimore, MD 21215 November 6, 2024 To: Tracy Walter, City of Fort Worth From: Jon Bigden, Executive Vice President Subject: Perma-Patch LLC Acquisition of LBS Enterprise Dear Ms. Walter, This letter is to advise you of the acquisition of LBS Enterprises by Perma-Patch LLC, Effective September 17, 2024. With this acquisition, FORT WORTH CITY SECRETARY CONTRACT NO. 59757 will now be serviced by Perma- Patch LLC. Orders can be placed to Perma-Patch LLC by emailing ordersCcDoermaoatch.com or by calling 800-847- 5744. My contact detail are below. We also have a Texas contact: Glenn Stewart 214-704-4708. If it possible to expedite this transfer, that would be very helpful. Mr. Cornelius White at the City of Fort Worth seeks to place an order tto us for products he needs under Contract No. 59757. Please feel free to reach out to me or to Glenn with any questions. Respectfully, Jon Bigden Executive Vice President Perma-Patch, LLC (m) 443-621-7245 (o) 800-547-5744 ibisden(@i3ermapatch.com