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HomeMy WebLinkAboutContract 35399-A5 (2) CITY SECRETARY CONTRACT NO.. 5 FIFTH RENEWAL OF CONTRACT BETWEEN THE CITY OF FORT WORTH AND SMART CITY NETWORKS LIMITED PARTNERSHIP FOR TELECOMMUNICATIONS AND DATA SERVICE CONTRACT This Fifth Contract Renewal is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, located within Tarrant and Denton Counties, (hereinafter referred to as "City), acting by and through Susan AIanis, its duly authorized Assistant City Manager, and Smart City Networks Limited Partnership, (hereinafter referred to as "Smart City" and/or "Contractor"). WITNESSETH: WHEREAS, on June 11, 2002, the City entered into an agreement with Smart City to provide exclusive telecommunications and data service for the facility users and exhibitors at the Fort Worth Convention Center(M&C C-I 9120, City Secretary Contract No. 28044; and WHEREAS, the primary term of the contract was for five years through June 10, 2007 with an option to renew for five one-year terms upon approval of the City Council; WHEREAS, on April 30, 2007, Smart City submitted its request to exercise the first one (1) year option to renew the contract under the same terms and conditions as the original contract; WHEREAS,on May 29, 2007 the City Council approved the current contract be renewed for a term of one year to begin on June 11, 2007 and expire on June 10, 2008, and authorized the City Manager to sign the four remaining renewal options on the contract(M&C C-22143,City Secretary Contract No. 35399); WHEREAS, on December 10, 2007, Smart City submitted its request to exercise the Second one (1)year option to renew the contract under the same terms and conditions as the original contract; WHEREAS,on March 3, 2009, the City Manager signed the Second renewal for a term of one year to begin June 11, 2008 and expire on June 10, 2009 as authorized by the City Council on May 29, 2007 (M&C C-22143, City Secretary Contract No. 35399-A2); WHEREAS, on December 20, 2008, Smart City submitted its request to exercise the Third one (1) year option to renew the contract under the same terms and conditions as the original contract; WHEREAS, on August 31, 2009, the City Manager signed the Third renewal for a term of one year to begin June 11, 2009 and expire on June 10, 2010 as authorized by the City Council on May 29, 2007 (M&C C-22143, City Secretary Contract No. 35399-A3); WHEREAS,on November 30, 2009, Smart City submitted its request to exercise the Fourth one (1) year option to renew the contract under the same terms and conditions as the original contract; WHEREAS, on December 17, 2009, the City Manager signed the Fourth renewal for a term of one year to begin June 10, 2010 and expire on June 11, 2011 as authorized by the City Council on May 29, 2007 (M&C C-22143, City Secretary Contract No. 35399-A4); WHEREAS, on April 12, 2011, Smart City submitted its request to exercise IGIWKIAAt �CDRD option to renew the contract under the same terms and conditions as the original contra t;CITY SECIWARY T� FT,WORTH, NOW THEREFORE, in consideration for the covenants and agreement hereafter set forth, the parties hereto agree as follows: Section I,"Term"is hereby amended in its entirety to read as follows: I.TERM The fifth and final renewal term shall be for one(1)year beginning on June 10,2011 and ending on June 11,2012. All of the terms and provisions of the original Contract between the City and the Contractor shall remain in fuII force and effect except as specifically amended herein. EXECUTED on this oaJ day of M0—LA ,2011. CITY OF FORT WORTH SMART CITY NETWORKS LIMITED PARTNERSHIP By: By: k.usa Assistant City Manager Mark Hale dent APP D AS F r LE A C yles Assistant City Attorney t0000oaoa f EST: - o° a° Q�� e 04 0 Marty Hendrix P. �o o,�,`0 City Secretary Date M&C C-22143 OFFICIAL RECORD CITY SECRETARY FT. WORTH,T3� SMART CITY NETWORKS LIMITED PARTNERSHIP Nip 2 ort CITY SECRETARY CONTRACT NO. FIRST RENEWAL OF CONTRACT BETWEEN THE CITY OF FORT WORTH AND SMART CITY NETWORKS L)<MITED PARTNERSHIP FOR TELECOMMUNICATIONS AND DATA SERVICES CONTRACT This First Contract Renewal is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, located within Tarrant, Denton, Wise and Parker Counties, (hereinafter referred to as "City), acting by and through Joe Paniagua, its duly authorized Assistant City Manager, and Smart City Networks Limited Partnership,(hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, on June 11, 2002, the City entered into an agreement with Smart City Networks to provide exclusive telecommunication and data service for the facility users and exhibitors at the Fort Worth Convention Center (M&C C-19120, City Secretary Contract No. 28044); and WHEREAS, the primary terms of the contract was for five years through rune 14, 2007 with an option to renew for five one-year terms upon approval of the City Council; and WHEREAS, on April 30, 2007, Smart City Networks Limited Partnership has submitted its request to exercise the first one (I) year option to renew the contract under the same terms and conditions,the original contract; p o$, 4, NOW THEREFORE, in consideration for the covenants and agreement hereafter set forth,the parties hereto agree as follows: 1. Section II, "Term", is hereby amended in its entirety to read as follows: 11. TERM 2.1 The first renewal term shall be for one (1) year beginning on June 11, 2007 and ending June 10,2008. 2.2 In addition to the initial term hereof, the City and Contractor may mutually agree annually on a one (1) year renewal of this Contract, not to exceed four (4) one-year renewals. Either party wishing to renew this Contract shall provide a written notice of the request to renew for an additional one (1) year, no less than 180 days prior to the end of the then current term. If either party does not object within ninety (90) days after receipt of such notice, this Contract shall be renewed for the additional one (1) year period. The four(4) one-year renewals of this Contract may be authorized by the City Manager's office. (Approved by M&C C-22143). 2. All of the terms and provisions of the original Contract between the City and the Contractor shall remain in full force and effect except as specifically amended herein. EXECUTED on this, the !9 day of ,Yajp� ' 2007. ATTEST: CITY OF FORT WQRTH By- Y-4-�12-- City Secretary 6 A s ant Ci Manager APPROVED AS TO FORM AND LEGA I Y: r Assistai;t—CkyAttorney X41 to�. SMART CITY NETWORKS 40ywA LIMITED PARTNERSHIP Paul Ashley,President JP WlNDLE <- Notary public,Slate of Nevada Appcinlment No,00.63785.1 My Appl.Expir"Jul 13,20D8 dG•dd•a� iF illi y,'•�)� fid YDS��Sr City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/29/2007 DATE: Tuesday, May 29, 2007 LOG NAME: 25SMARTCITY REFERENCE NO.: **C-22143 SUBJECT: Authorize to Exercise the Option to Renew and Amend the Contract with Smart City Networks to Provide Exclusive Communications Services for Facility Users and Exhibitors at the Fort Worth Convention Center RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to exercise the option to renew the contract between Smart City Networks Limited Partnership and the City of Fort Worth, to provide exclusive communications services for the Facility Users and Exhibitors at the Fort Worth Convention Center for a period of one year beginning June 11, 2007 and ending June 10, 2008, with four one-year extensions; and 2. Authorize an amendment to the contract to authorize the City Manager, in lieu of the City Council, to execute the four remaining renewal options in order to expedite the renewal process. DISCUSSION: On June 11, 2002, the City (M&C C-19120, City Secretary Contract No. 28044) entered into an agreement with Smart City Networks to provide exclusive telecommunication and data services for the facility users and exhibitors at the Fort Worth Convention Center. The primary term of the contract was for five years, from June 11, 2002 through June 10, 2007. The contract provided an option for five one-year renewal terms upon approval of City Council. Smart City has met the terms and conditions of the contract and has submitted a request to exercise the first renewal option. Smart City has paid the City of Fort Worth commissions in excess of $205,000 during the initial term of the contract. It is recommended that the current contract be renewed for a term of one year to begin on June 11, 2007 and expire June 10, 2008. Under the provisions of the contract, Smart City will continue to pay the City the established commission rates. Additionally, City staff is recommending the contract be amended to authorize the City Manager, rather than the City Council, to exercise the remaining four renewal options in order to expedite the renewal process. The Fort Worth Convention Center is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Public Events Department is responsible for the collection and deposit of funds under this contract. Logname: 25SMARTCITY Page 1 of 2 TO Fund/Account/Centers FROM Fu nd/Accou nVC enters GG01 443443 0252004 $0.00 Submitted for City Manager's Office by: Joe Paniagua (6575) Originating Department Heald: Kirk Slaughter (2501) Additional Information Contact: Betty Tanner (2502) Logname: 25SMARTCITY Page 2 of 2