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HomeMy WebLinkAboutContract 2023-118A 1ADocusign Envelope ID: EA32D90B-E34E-46F4-BBD3-3268FDBE961C 1ST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CLERMONT AND PUBLIC SAFETY SUPPLY, LLC REGARDING ASSIGNMENT TO DANA SAFETY SUPPLY, INC. This Amendment is by and between the CITY OF CLERMONT (hereinafter referred to as "CITY"), PUBLIC SAFETY SUPPLY, LLC (hereinafter referred to as "PUBLIC SAFETY SUPPLY"), and whose address is 625 W. 18th Street, Hialeah, FL 33010 and DANA SAFETY SUPPLY, INC. (hereinafter referred to as "DANA SAFETY SUPPLY") whose address is 3810 W. Osborne Avenue, Tampa, FL 33614 and is to that specific Agreement No. 2023-118 dated December 1, 2023 between CITY and PUBLIC SAFETY SUPPLY and any amendments thereto, hereinafter collectively referred to as "the Agreement." The Parties, in exchange for the mutual covenants contained herein and in the Agreement, agree as follows: A. This amendment expressly modifies the Agreement, and in the event of a conflict, the terms and conditions of this Amendment shall prevail. B. PUBLIC SAFETY SUPPLY and DANA SAFETY SUPPLY have agreed that all rights and obligations in certain contracts entered into by PUBLIC SAFETY SUPPLY, including the Agreement, shall be assigned from PUBLIC SAFETY SUPPLY to DANA SAFETY SUPPLY. C. In accordance with the terms of the Agreement, the CITY does hereby consent to the assignment of all PUBLIC SAFETY SUPPLY's rights, entitlements, and obligations contained in the Agreement to DANA SAFETY SUPPLY; provided, however, that nothing herein shall be construed as a waiver by CITY of any rights to pursue PUBLIC SAFETY SUPPLY for default by PUBLIC SAFETY SUPPLY or DANA SAFETY SUPPLY of any of the terms or conditions of the Agreement. D. For purposes of the Agreement, any and all notices required thereunder shall be forwarded to: Dana Safety Supply, Inc. 3810 W. Osborne Avenue, Tampa, FL 33614 E. All other terms and conditions outlined in the Agreement shall remain in full force and effect and unchanged as agreed to by the parties. F. This Addendum shall take effect as of June 25, 2025. 1 Docusign Envelope ID: EA32D90B-E34E-46F4-BBD3-3268FDBE961C IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below. CITY OF CLERMONT ATTEST E-- ET igned by: DocuSigned by: Ack�d H�vc 99CA96BEB98467... 3AD7F349056344A... SIGNATURE SIGNATURE Tim Murry Tracy Ackroyd Howe FULL NAME FULL NAME Mayor City Clerk TITLE 5/26/2025 DATE SIGNED PUBLIC SAFETY SUPPLY, LLC EDocuSigned by: 8CE5470 SIGNATURE Albert Espinosa FULL NAME Owner TITLE 6/25/2025 DATE SIGNED TITLE 6/27/2025 DATE SIGNED nc �jSigned by: V SD6D6DADCBC24DE... SIGNATURE David Russo FULL NAME President TITLE 6/26/2025 DATE SIGNED Docusign Envelope ID: EA32D90B-E34E-46F4-BBD3-3268FDBE961C Exhibits List A -Acquisition Letter Docusign Envelope ID: EA32D90B-E34E-46F4-BBD3-3268FDBE961C Exhibit A Acquisition Letter Docusign Envelope ID: EA32D90B-E34E-46F4-BBD3-3268FDBE961C Clermont Police Department 3600 S Highway 27 Clermont, FL 34711 Re: Acquisition of Public Safety Supply, LLC To Whom It May Concern: We are pleased to inform you that Public Safety Supply, LLC ("PSS") was in discussions with Dana Safety Supply, Inc., a Florida corporation ("DIMer"), regarding the sale of substantially all of PSS's assets to Buyer (the "Transaction"), which includes Buyer assuming PSS's existing customer contracts, current customer purchase orders, and current open sales order backlog; provided, that Buyer is not responsible for or liable to honor any labor warranties for work done by PSS or to repair any previous installations by PSS. Buyer has extensive experience in the public safety equipment industry and is well equipped to fulfill your purchase orders. The Transaction closed on March 21, 2025. Following the closing of the Transaction, all notices and payments shall be directed to Buyer at Dana Safety Supply, Inc., 500 S. Edwardia Drive, Greensboro, NC 27409, Attention: Wanda Hobbs, Johnny Mikach, Sidney Wells; whobbs(adanasafetysupply.com; jmikach(adanasafetysupply.com; swells(adanasafetysupply.com. The terms of this notice and the transactions contemplated hereby are confidential; provided you may disclose this consent to your legal advisors that are subject to legally binding obligations of confidentiality with respect to such information. Should you have any questions in connection with this request, please feel free to contact David Russo at 850-624-5450 or by email at drusso(adanasafetysupply.com. rt Pub c Safet ply, LLC Brad ad 1, Manager Publi fety Supply, LLC A spinosa, Manager Dana ty Supply, Inca DaviJXdRso. CEO