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HomeMy WebLinkAbout060438-CA1 - General - Contract - Mackenzie Enterprises, LLC and The Supply Cache, LLCCSC No. 60438-CA1 C1r1�Y' OF FORT WORTH ASSIGNMENT For value Teceived Mackenzie Enterprises, LLC ("Assignor"), hereby assigns to TF�e Supply Cache, LLC ("Assignee"), all of its right, litle and interest irr and ta any and al] sums of money naw due ar to become due fram thc Ci�y of Fort Wonh to Assignvr under CSC 60438 (thc "Contracts") and Assignee agrees to assume and pertorm al! duties and obligations required by Assignor under the terr��s of t1�e Contracts. This Assignment constitutes the entire agreement betweer� Assignor and Assignee with respect la [he subject r��atter hereof. No madification of any �rovision of this Assignment sh�il be effective unless in writing and signed by Assignor and Assignee. This Assig�ment shall inure to the benefit of and be binding upon Assignor and Assignee and thei�• respective successars and assigns. This Assignment shall be governed by t�e terms of the origina! Contracts between Assignor and �arious other entiiies and the CiEy af Fort Worth and the ]�ws of the State of Texas, without application of principles of cQnflicts of law. This Assignrttent may he executed in one or more cauntcrparts eac� of which shall he deemed an original but all of which together shall constitute one and the same instrumenE. 5igned signature pages may �ie transmitted by facsimile or e-mail, and any such signature s�all have the same Iega1 effect a.s an original. D�ated the ' ��day of ���uA�~f 2026. Mackenzie Enterprises, LLC {Assignor) �. By; ` l ..�,-„�`'�'��.iL�_�_, — Pri nt: ' 'T�.�n �..� c1��� l �c T i t I e: 1�:.iu� �'����ert� c� f�irrct�ae �� s���.�,i -r The 5uppfy Cache, �,LC (Assignee) � --� By: 1%F Print: � � 1��-r�a � / Title: Vice President of Finance C�] � � Cy l_l �:� X�%]:� �� C«] � i'�'i Xy:� � ��1:�'1 FT. WORTH, TX Assignment Page � uF 3 NOTARY ACKNOWLEDGEMENT On the 1��`day of ��� =�A•�``f Zfl26, personally appeared T�^� ^'`���'"-�`�, who acknowledged co me that {s)he is the Vice President af Finance of Mackenzie �nterprises, LLC ("Assignor"), and that (s)he execuled lhis docurrient far the purposes and consideration contained herein. Mackenzie E�tterprises, LLC By: — -- ! r�... M� c.�.u.��. - - — Print: ��� �.•.-�c_����c Title: Vic.e-�'-.r�,i���� �,�S� 7�`=NT SUB5CRT8ED TO beforc me o�n this � U� day of �^�� ti�'�. _ 202b. . , oAVRfl e PA�n� Nntary Public in anc� for the St�tc of Eo�z�O NOTARY PUBI.�C My commission Expires: ���ZaZ S7ATE OF COL4RAD0 ' tv0'FARY iD 240t4036966 MY GQMMISSIQN ExPI#iE5 JULY ?6. 7C�Si � NOTARY ACKNOWLEDGEMENT r, On the IG��' day of �C.�� 2026, personally appeared ,��rer•.7 Y��j , wF►o acknowledged to m� tk�at {3}he is the vfce President of Finance of The Supply Cache, LLC ("Assignee"}, and that (s)he executed this doc:ument for the �urposes and consider�tic�n cantaitted herein. T�►e Supply Ca�e,.�..,LC � gy: 1���_ Print:`� � -7�..in^ �� �?, �1 b Title: Vice Pres'�dent of Fin�nc� SU85CRIBED TO 6eforc me on this 1,`day oF-��T�-.'G' 4'' , 2026. � ``\\,``t\,`1„���11itillllltl!)���'/,''//// `��`'A G � �[i .��P O`: z� .��i� f� y `�� = rm .������ z ✓ �,�'� J�\�� ��''��eURG �Q ,o�,\ �'fi�r��iii1111411A11\���\ Assignmenl L� �- �—�� �� Notary Pta�iic ir� and for !he State of �%G�Gt'f.� � My commission Expires; �-�/i�t r�...�� E, Pagr 2 of 3 COiVSENT Tf} ASSIGI�lMENT The City of Fort Worth consents to the assignment of Mackenzie Enterprises, LLC ("Assignor") to The Supply Cache, LLC ("Assignee"), of all its rights, kitle, and obligation owing and a�l funds due ar to become due to Assignor under CSC 60438 as long as all terms required of Assignor in said contracts are met by Assignee. CITY OF FORT WQRTH ���� Ra mond Hill, Fire �hief �-�J� � � Wiiliam Jahnsan, Assistant City Manager �oF Fopr�°a a°i`a �p.�o ATTESTED BY: P,*�e=a aaan nE4ps4aq ��� � �_ � lannette Gaodall, City Secretary 02/26/2026 Date Date 03/02/2026 Date APPRQVED AS TO FORM AND LEGALITY: ���� �ity of Fori Worth Assistant City Attorney Contract Compliance Manager: By signing i acknowledge that [ am the person responsibte for thc monitoring and administratian of this contract, including cnsuring al� perfarmance and reporting requirements. � Employee Signature/Date Title �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX Assi�nmepi � Page 3 of3 City of Fort Worth, Texas Purchasing January 9, 2426 1980 Caribou Drive, Fort Collins, CO 80525 Lacal: 970-530-1893, 1-800-839-0821 Re: Contract 60438, dated October 1, 2023 and last amended June 13, 2025, by and between City of Fort WoRh, Texas and Mackenzie Enterprises, LLC d/b/a The Supply Cache (the "Contraci") Dear City of Fart Worth, Texas For your reference, or as you may be aware, on Dece�nber 3!, 2025 Mackenzie Enterprises, LLC dJb/a The Supply Cache ("Mackenzie Enterqrises"} entered into an Asset Purchase and Contributian Agreement (the "Purchase A�reement") with a subsidiary of Brooks Equipment Cornpany, LLC ("Brooks") for the purchase and saEe of substantially all af the assets of Makenzie Enterprises. The name of the Brooks subsidiary acquiring the Mackenzie Enterprises assets is The Supply Cache, LLC. Subject to the terms of the Purchase Agreement, Mackenzie Enterprises has assigned and The Suppfy Cache, LLC has assumed all of the rights, benefits, duties and obfigations arising under the Contract from and �fter the cfosing of the Purchase Agreement. We hereby request that you consent to the assignment of the Contract to The Supply Cache, LLC in accordance with the terms of the Cantract. Please provide yaur consent by executing tliis letter below and emailing ihe executed letter to me at �julie.mclead@supplycache.com]. Please feel free ro contact rne at 9?0-53Q-1893 x 1250 if you have any questions. In order to facilitaie the appropriate handling of this assignment and the seamiess transition of the Contract, we respectfully request that we receive your signed leuer by Friday, January 23, 2026. Thank you for your prompt cooperation. Sincerely, Jalie McLeod, General Manager The undersigned hereby consents ro the assignment of the above referenced Contract to The Supply Cache, LLC, effective as of the effective time o� the Purchase Agreement. The undersigned agrees that the Contract shall remain in full force and effect fram and lfter the closing of the Purch�se Agreement in accordance with its terms and conditions. City of Fort Worth Texas By: Name: Title: 4928-6991-2197, v.3 Fo�, �'g Request for Taxpayer Give form to the (Rev. March 2024} Identification Number and Certtfication requester. Da nat �epaztrttent of the Treasury �a ta www.irs, ovlForm W9 #or instructions and the latest infarmation. �en� t0 the IRS. Internal Revenue Service � Before yqu begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Name of entiiy�ndividual. An entry �s required. (For a sole proprietor or disregarded entity, enter the owner's name en line 1, and enter ihe busirtess/disregarded entity's name on 'ine 2.� The Suaply Cache. LLC 2 Business nameldisregarded entity name, if different irom above. ri N rn � 0 ei C 0 u o � C + � � . .� ttg � 3a Check the appropnate box ior federal tax ctass�fication of lhe entity�ndividual whase name is entered on fine 1. Check 4 Exemptions (codes apply only to only ona of the fo owing seven bozes. certain enlities, not indiv�duals; [� IndwiduaUsole proprietor �� C corporation ❑ S corporation � Partnership ❑ Trustlestate see insiructions on page 3J: ❑� LLC. Enter the tax classificat on (C = C corporaiion, S= S corporation, P= Partnersh�p) . . . . C Exempt payee code {if any) Note: Check the "LLC" box above snd, in the entry space, enter the appropriate code (C, S, or P} tor the tax � classification of the LLC, unlass it is a disregarded entity. A disregarded entiry shoutd instead check ihe appropriate Exemption from Foreign Account Tax box for the tax classification of its owner. Comptiance Act (FATCA} reporting �� Other (see instruciions} code (if any) 3h If on �ine 3a you checked "Parinership' or ' Tast/estate," or checked "LLC" and entered "P" as its tax classification, and you are provid ng this form to a partnership, irust, or eslate in which you have an ownership interest, check (�Aal�es to accounts ma+ntained Rhis hox if you have any foreign panners. owners, or beneficiaries. See insiruct'rons .. . .. . . _ ,� outside the Llrrited States.) Address (number, street, and apt. or suite no.;_ See instructions. 1980 Caribou Dri�e 8 City, state, and ZIP code Fort Collins CO 80525 T List account number(s) here (opt onal) �Taxpayer ldentification Number (TINj Requester's name and address (optional) � Fnter your TIN in the appropriate box. The'FIN provided must match the name given on line 1 to avoid 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, Iater. For ot#ter entities, it is your employer identitication number (EIN). If you do not have a number, see Now to get a TtN, later. Note: If the account is in more than one name, see the instructions for line 1. See also What Name and l�tumber To Give the Requester ipr guidelines on whose number to enter. � Certificatian Under penalties of perjury, I certify that: � Social security number I �- m _I or � Employer identHication number 4 i - 3I1I6IOI2 9I7 1. The number shown on this form is my correct taxpayer identification number (or f 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 (bj I have not been notified by the Internal Revenue Service (IR5) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or {e) the IFtS has natified me ti�at I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person jdeiined below): and 4. The FATCA code(s) eniered on this form (ii any) indicating that I am exempt fram FATCA reporting is carrect. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are current y subject to backup w thho ding because you have failed to repori all interest and dividends on your iax return. For real estate transactions, item 2 does not apply. For mortgage �nterest paid, acquisition or abandonment of secured property, cancellation of debt, contributians to an individual retirement arrangement (IRA}, and, generally, payments other than interest and dividends, yau are not required to sign the ceRification, but you must pravide your correct TEN. See the instructians for Part II, later. Sl9n Signature ot Here u.s. p�8on ,,�.,,�ry�� s'.h::�;� i`a ���a�'.. General Instructions Section references are to the Intemaf Re�enue Gode unless otherwise noted. Future davelopments. 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. Wha#'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 oi its owner. Otherwise, i# shoufd check the "LLC" box and enter its appropriate tax classification. oe�e �a►��ua� �� 15, aaa� New line 3b has been added to this form. A flow-through entity is required to complete this Iine 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 iis indirect toreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any �ndirect foreign partners may be required to complete Schedules K 2 and K-3. See the Partnership Instructions for Schedules it 2 and K-3 (Form 1065). Purpose of Form An individual or eniity (Form W-9 requesterj who is required to tife an information return with the IR5 is giving you this form because they Cat. No. 1 p23U( Form w—g (R�v �-?024� Sldp to conl i- , :.. /. Y � � - For this Record... �ecaiis Filing history and documents Get a certificate of good standing File a form Subscribe to email notiFcation l)nsubscribe fron� email notification Subscribe to text notification Unsubscribe from text notification Business Home eusiness Information eusiness Search Name The Supply Cache LLC Status Good Standing Formation date I o�;z3r2o26 ID number 20261082699 Form I Foreign Limited Liability Company Periodic report month January I Jurisdiction I Delaware Principal office street �y$0 Caribou Drive. Fort Collins CO 80525. United States address Principal office mailing �0926 David Taylor Drive. Suite 300. Charlotte. NC 28262. United States address Registered Agent N8Ii16I C T CORPORATION SYSTEM StfCCt addf@SS 7700 E Arapahoe Rd Sie 220, Centennial. CO 80112. United States Mailing address 7700 E Arapahoe Rd Ste 220, Centennial. CO 80112. United States Summary F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: CSC 60438 MacKenzie Enterprise to The Supply Cache LLC Subject of the Agreement: Consent of Assignment M&C Approved by the Council? * Yes ❑ No ❑✓ If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes ❑ No 0 If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: NA Expiration Date: NA If different from the approval date. If applicable. Is� 1295 Form required? * Yes ❑ No ❑✓ *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. NA *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. 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