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Home My WebLink AboutContract 50036-CA1 R�CENED CITY SECRETARY ppA 10 2020 ,-"%1TfRA.GT NO. 5c) CINI� \NMH SECR5A RY CITY OF FORT WORTH ASSIGNMENT For value received, Communication Leasing Corporation ("Assignor"), hereby assigns to MRSP, LLC ("Assignee's), 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 PSK 8295/CSCO 50036 (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 2 Nn day of &NU`-- 2020. Communicatio easing Corpora '$n (Assignor) By: Print: few C, Keeovf'- Title: Chief Oper ting Officer MRSP,LLC (Assignee) By: e—krAj Print: P4 t w o Title: Chief Financial Officer (:,Ty SECRF-TARY I , Assignment Page 1 of NOTARY ACKNOWLEDGEMENT On the Z ""o day of l 2020, personally appeared 4,00:- ,r'L,vzc(&i , who acknowledged to me that (s)he is the Chief Operating Officer of Communication Leasing Corporation,and that(s)he executed this document for the purposes and consideration contained herein. Communicatio asin Corporatio By: Print: A-kd 1e w Title: Chief Operating Officer SUBSCRIBED TO before me on this day of ,•! , 2020. _ i LINDA M Notary Public in and for the State of Notary Public State ofLTN y p G P - 0 ,x 3 oxaa M commission Ex ires:_ , Comm.EXPIreS 06-27.2023 ' Nazar V1D -32088467 N ARY ACKNOWLEDGEMENT On the day of Ape 2020, personally appeared 10AC -1 rd j� /Lr , who acknowledged to me that (s)he is the Chief Financial Officer of MRSP, LLC, and that(s)he executed this document for the purposes and consideration contained herein. MRSP,LLC By: K--� Print: N t LA e I- Title: Chief Financial Officer SUBSCRIBED TO before me on this 4J day of , } r , l , 2020. ,tom L(NDA M. CAMEpI,try Notary Public in and for the State of =Notary Public,S tat,of Texas My commission Expires: 3 Comm. EX098 09-2 23 �' Notn v to 93208B4S7 tr iI n Y91�1 1-�1 t} lip J l Assignment Page 2 of 3 CONSENT TO ASSIGNMENT The City of Fort Worth consents to the assignment of Communication Leasing Corporation ("Assignor") to MRSP, LLC ("Assignee"), of all its rights, title, and obligation owing and all funds due or to become due to Assignor under PSK 8295/CSCO 50036, as long as all terms required of Assignor in said contracts are met by Assignee. CITY OF FORT WORTH �6"� 4/1 Zd Dana Burghdoff, sista#tNity Manager Date Cynthia Gar ia,Assistant Director-Purchasing Date ATTESTED BY: ... Mary Kayse , ty ecret � z°=`, Date aA r- APPROVED AS TO FORM AND LEGALITY: John B. Strong, Assistant City Attorney i Assignment Page of CDDatamati6 . or April 2, 2020 Tracy Lee Walter Financial Management Services City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Re: Contract No. CSC No. 50036 Dear Tracy: I am the Chief Financial Officer of both Datamatic, Inc. and SmartPhone Meter Reading, LLC. Datamatic is a long-time vendor to the City having provided hand held meter reading systems, support and both hardware and software maintenance for those systems. The subject contract is the current contract between Datamatic and the City of Fort Worth. I request that we change the contracting party to the subject contract to better serve the parties. The particulars of my request are: • Datamatic entered into the current Contract no. 50036 with the City on December 11, 2017. • On July 8, 2019 the First Amendment was signed that replaced our maintenance of the old Datamatic hand held meter reading system with a smart phone meter reading subscription service that is more feature-rich than the handheld system • On July 23, 2019 the subject contract was renewed for another year—October 1, 2019 through September 30, 2020. • Datamatic, Inc. and SmartPhone Meter Reading, LLC are brother-sister companies with common ownership. • SmartPhone Meter Reading, LLC actually owns the proprietary property that the City licenses for use on its smart phones through Datamatic. • The contract is supported solely by employees of SmartPhone Meter Reading, LLC. • As part of our housekeeping efforts here, we feel, and hope that you would agree, that it is more efficient for SmartPhone Meter Reading, LLC and probably best for the City to contract directly with the entity that owns the Datamatic,Inc. • 840 F Avenue,Suite 100 • Plano,Texas 75074 s (888) 326-5032 . (972) 234-5000 2DAtamatic proprietary property that it uses on its smart phones and whose employees support that service. • As an officer of SmartPhone Meter Reading, LLC, we will accept the contract assignment and responsibility. • As an officer of Datamatic, Inc., once the contract is assigned, we agree not to make any claim on the City for the contract. • To that end, we respectfully propose that the City consider an assignment of the subject Contract to allow SmartPhone Meter Reading LLC to step into Datamatic's shoes on this agreement. No other terms, conditions or pricing will change—only the contractor party. • I have taken the liberty of registering SmartPhone Meter Reading, LLC on your website as a vendor. Sincerely, 4 A. ��— Philip J. Masters Chief Financial Officer Datamatic,Inc. • 840 F Avenue,Suite 100 + Plano,Texas 75074 • (888)326-5032 • (972) 234-5000 Corporations Section P�E 0� Carlos Cascos ?.O.Box 13697 r Secretary of State Austin,Texas 78711-3697 I Office of the Secretary of State CERTIFICATE OF FILING OF MRSP, LLC File Number: 802172551 The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above named Domestic Limited Liability Company (LLC) 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: 03/10/2015 Effective: 03/10/2015 f Carlos Cascos Secretary of State Come visit us on the internet at http://www.sos.state.tx.us/ Phone: (512)463-5555 Fax:(512)463-5709 Dial:7-1-1 for Relay Services Prepared by:Angie Hurtado TID: 10306 Document: 595327580002