Title
Amending the financing and spending plans in the Public Works department in the amount of $383,942 to terminate a representation agreement related to cellular communication lease negotiations.
Body
WHEREAS, on January 26, 2016 the City of Saint Paul (“City”) entered into a representation agreement (“RA”) with Bench Strength Partners, Inc. (“BSP”), a New York-based consulting firm engaged to represent the City in negotiating leases with cellular communications carriers (“Carriers”) to place cellular towers and related equipment on city-owned property; and
WHEREAS, the RA initially focused on city parkland where cellular equipment existed on free-standing poles, but on March 14, 2016 was amended to include BSP’s negotiation of leases for Carriers to install small cell communication systems on street light poles in city right-of-way; and
WHEREAS, the RA permitted BSP to collect a portion of the rental fees paid to the City by the Carriers, as long as BSP negotiated fees that substantially exceeded the fees negotiated by the City prior to BSP’s engagement; and
WHEREAS, the City has executed license agreements with Carriers that have produced fee revenues in excess of $3 million since 2016, and BSP has received a percentage of those fees for its representation services; and
WHEREAS, the RA allows BSP to collect fees for as long as the Carriers’ equipment is operating on city property, which is anticipated to continue for years to come; and
WHEREAS, the City and BSP now mutually desire to terminate the RA and release both parties from any future legal and financial responsibilities, as provided in that certain Release Agreement, attached hereto as Exhibit A; and
WHEREAS, the Mayor, pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there are available for appropriation total revenues in excess of those estimated in the budget, funds of $215,965 in the Public Works General Fund; and
WHEREAS, the Mayor, pursuant t...
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