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HomeMy WebLinkAboutContract 55663-CA2CSC No. 55663-CA2 CITY OF FORT WORTH ASSIGNMENT For value received BDS Technologies, Inc. ("Assignor"), hereby assigns to BDS Texas Corp ("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 CSCO 55663 (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 / Aday of A'?C ( 2025. BDS Technologies, Inc. (Assignor) By: Print: j% Title: Chief Operating Officer BDS Texas Corp (Assignee) By. M A^/ Print: j Z7 pry Title: Chief Financial Officer OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Assigmuent Page 1 of NOTARY ACKNOWLEDGEMENT On the Ig4AA day of 14jp r .I ` 2025, personally appeared 1q0 rftA Ove-vatnu WM,4ho acknowledged to me that (s)he is the Chief Operating Officer of BDS Technologies, Inc ("Assignor"), and that (s)he executed this document for the purposes and consideration contained herein. IV-1ft BDS Technologies, Inc. By: ilk/ /r l✓ Print: VC�-a- e-4 �lI�J1'Y?U Title: Chief Operating Officer ie on this day of G- .2025. Notary Public 1 and for the State of My commission Expires: l 1- 4 - cZ.-D 37 NOTARY ACKNOWLEDGEMENT On the 940n day of ,t', � 2025, personally appeared 'T K'V-� 0 �? ADM � who acknowledged to me that (s)he is the Chief Financial Officer of BDS Texas Corp ("Assignee"), and that (s)he executed this document for the purposes and consideration contained herein. BDS Texas Corp By: /k� Print: E7 i� YVl v� Title: Chief Financial Officer SUBSCRIBED TO before me on this ( day of A?i24 I— ' , 2025. ,e u a•,,1 4` ...•�• 1% Ak .t X N ,K 2 k1; srar�0 Qi AL Notary Public in for the State of My commission pires:�- Assignment Page 2 of 3 CONSENT TO ASSIGNMENT The City of Fort Worth consents to the assignment of BDS Technologies, Inc ("Assignor") to BDS Texas Corp ("Assignee"), of all its rights, title, and obligation owing and all funds due or to become due to Assignor under CSCO 55663 as long as all terms required of Assignor in said contracts are met by Assignee. CITY OF FORT WORTH rhrictnnhar H rqPr (ADr 25. 2025 15:19 CDT) Department Director - Christopher Harder op� Assistant City Manager- Jesica McEachern nan a� FORr �°a ATTESTED BY: �A /J �.dv-XS-cs'-'ter. pAQb aEXPso4 Jannette Goodall, City Secretary APPROVED AS TO FORM AND LEGALITY: City of Fort Worth Assistant City Attorney Contract Compliance Manager: Apr 25, 2025 Date May 5, 2025 Date May 5, 2025 Date 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 25, 2025 Employee Signature/Date Project Manager Title OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Assignment Page 3 of 3 Corporations Section P.O.Box 13697 Austin, Texas 78711-3697 Office of the Secretary of State December 15, 2020 Attn: Legalinc Corporate Services Inc. Legalinc Corporate Services Inc. 10601 Clarence Dr., Suite 250 Frisco, TX 75033 USA RE: BDS TEXAS CORP. File Number: 803859907 Ruth R. Hughs Secretary of State It has been our pleasure to file the certificate of formation and issue the enclosed certificate of filing evidencing the existence of the newly created domestic for -profit corporation. Unless exempted, the entity formed 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 entity. Information about franchise tax, and contact information for the Comptroller's office, is available on their web site at httas://window. state.tx.us/taxinfo/franchise/index.html. The entity formed does not file annual reports with the Secretary of State. Documents will be filed with the Secretary of State if the entity needs to amend one of the provisions in its certificate of formation. It is important for the 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 involuntary termination of the entity. 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: Carol Covey TID: 10285 Document: 1013239770002 Corporations Section �� E 0 P.O.Box 13697 Austin, Texas 78711-3697 r N>< Ruth R. Hughs Secretary of State Office of the Secretary of State CERTIFICATE OF FILING OF BDS TEXAS CORP. File Number: 803859907 The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above named Domestic For -Profit Corporation 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: 12/14/2020 Effective: 12/14/2020 Ruth R. Hughs 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: Carol Covey TID: 10306 Document: 1013239770002 Form 201 Secretary of State P.O. Box 13697 Austin, TX 78711-3697 FAX: 512/463-5709 Filing Fee: $300 Certificate of Formation For -Profit Corporation Filed in the Office of the Secretary of State of Texas Filing #: 803859907 12/14/2020 Document #: 1013239770002 Image Generated Electronically The filing entity being formed is a for -profit corporation. The name of the entity is: BDS TEXAS CORP. for Web Filing name must contain the word --corporation,-- --company,-- --mcorporatea,-- --urnitea,­ or an aooreviation or one or tnese terms. i ne name must n the same as, deceptively similar to or similar to that of an existing corporate, limited liability company, or limited partnership name on file with secretary of state. A preliminary check for "name availability" is recommended. Article 2 — Registered Agent and Registered Office A. The initial registered agent is an organization (cannot be corporation named above) by the name of: ..................... Badmus & Associates OR B. The initial registered agent is an individual resident of the state whose name is set forth below: The business address of the registered agent and the registered office address is: Street Address: 11325 PEGASUS STREET SUITE E-265 DALLAS TX 75238 Consent of Registered Agent A. A copy of the consent of registered agent is attached. OR B. The consent of the registered agent is maintained by the entity. The number of directors constituting the initial board of directors and the names and addresses of the person or persons who are to serve as directors until the first annual meeting of shareholders or until their successors are elected and qualified are set forth below: Director 1: TAOREED BADMUS ------------------------------------------------ --------------------------------------------------------- Address: 11325 PEGASUS STREET SUITE S-215 DALLAS TX, USA 75238 The total number of, mshares the corporation is authorized to issue and the par v f rr srr uc.....s p value of each o It shares, or a statement that such shares are without par value, is set forth below. f Number of Shares P(hoose ar Value must cand complete either A or B) Class Series 10000 197 A. has a par value of $.001 C B. without par value. - - d i-- - ---- - -- li�If the shares are to be dividento classesu m, youst set forth the designation of each class, the number of shares of each class, and the par value (or statement of no par value), of each class. If shares of a class are to be issued in series, you must provide the designation of each series. The preferences, limitations, and relative rights of each class or series must be stated in space provided for supplemental information. The purpose for which the corporation is organized is for the transaction of any and all lawful business for which corporations may be organized under the Texas Business Organizations Code. [The attached addendum, if any, is incorporated herein by reference.] A. This d- o-c-u- m-- -e- nt becomes effective when the document is filed by the secretary of state. OR rB. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its signing. The delayed effective date is: The name and address of the organizer is set forth below. NNA MANUKYAN 10601 CLARENCE DR #250 FRISCO TX 75033 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. ANNA MANUKYAN Signature of organizer FILING OFFICE COPY STATE of TX STATEMENT and RESIGNATION of the INCORPORATOR A STOCK/PROFIT CORPORATION The undersigned, the Incorporator of BDS TEXAS CORP., who signed and filed its Articles of Incorporation (or similar organizing document) with the Secretary of State, appoints the following individuals to serve as directors of the corporation, who shall serve as directors until the first meeting of shareholders for the election of directors and until their successors are elected and agree to serve on the board: Name and Address of each Initial Director: TAOREEDBADMUS 11325 PEGASUS STREET, SUITE S-215 DALLAS, TX 75238 Additionally, the undersigned does hereby tender his/her resignation as Incorporator for the Corporation, and from any and all involvement with, control of, or authority over the Corporation, real or perceived, effective immediately. Dated: December 15th, 2020 yQi Anna Manukyan, Incorporator MTDC� DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 BDS TEXAS CORP 11325 PEGASUS ST STE S215 DALLAS, TX 75238 Date of this notice: 12-15-2020 Employer Identification Number: 85-4289667 Form: SS-4 Number of this notice: CP 575 A For assistance you may call us at: 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 85-4289667. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. Based on the information received from you or your representative, you must file the following form(s) by the date(s) shown. Form 1120 04/15/2021 If you have questions about the form(s) or the due date(s) shown, you can call us at the phone number or write to us at the address shown at the top of this notice. If you need help in determining your annual accounting period (tax year), see Publication 538, Accounting Periods and Methods. We assigned you a tax classification based on information obtained from you or your representative. It is not a legal determination of your tax classification, and is not binding on the IRS. If you want a legal determination of your tax classification, you may request a private letter ruling from the IRS under the guidelines in Revenue Procedure 2004-1, 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue). Note: Certain tax classification elections can be requested by filing Form 8832, Entity Classification Election. See Form 8832 and its instructions for additional information. IMPORTANT INFORMATION FOR S CORPORATION ELECTION: If you intend to elect to file your return as a small business corporation, an election to file a Form 1120-S must be made within certain timeframes and the corporation must meet certain tests. All of this information is included in the instructions for Form 2553, Election by a Small Business Corporation. For, IN-9 Request for Taxpayer Give form to the (Rev. March 2024) Identification Number and Certification requester. Do not Department of the Treasury Go to wwwJmgov/FormW9 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/Indivldual. 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.) BDS Texas Corp 2 Business name/disregarded entity name, if different from above. ai 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 I only one of the following seven boxes, certain entities, not Individuals; a C: ElIndlvlduaUsole proprietor ❑✓ C corporation ❑ S corporation ❑ Partnership ❑ Trustlestate see instructions on page 3): 0 C ❑ LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . . Exempt payee code (if any) ai o Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax L classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax o box for the tax classification of its owner. Compliance Act (FATCA) reporting I ❑ Other (see instructions) code (if any) a0 !� 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 m and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check outside the United States.) fn this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . . . . ❑ a 5 Address (number, street, and apt. or suite no.). See instructions. Requester's name and address (optional) 11325 Pegasus Street, Suite S215 6 City, state, and ZIP code Dallas, Texas 75238 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a — 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 Now 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. M85 — 14 12 8 9 6 6 7 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 sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Here 1U.S. person Date (9L P I � Sign Signature of V ' General Instruct�ins New line 3b has been added to this form. A flow -through entity is Section references are to the Intemal 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.gov/FormW9. 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. 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. Seethe 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. 10231X Form W-9 (Rev. 3-2024)