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HomeMy WebLinkAboutContract 39914-A3 CITY K-CRITARY CONTRACT No. 3`tq IL-1 -JAS THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 39914 WHEREAS, on March 10, 2010, the City of Fort Worth("City") and Mills Efficient Home, Inc. ("Contractor") made and entered into City Secretary Contract No. 39914 (the "Contract") for Weatherization Assistance Program (:"WAP") services as approved by the City Council on March 9,2010 in M&C C-24132 ; WHEREAS, the Contract provided payment to Contractor for weatherization services pursuant to a grant received by City from the Texas Department of Housing and Community Affairs ("TDHCA") under the American Recovery and Reinvestment Act as accepted by the City Council on June 16, 2009 in M&C C-23598; WHEREAS, the Contract was for a 1 year term from March 9, 2010 through March 9, 2011 and provided for 2 additional 1 year extensions of the term; WHEREAS, by mutual agreement of the parties, the Contract was extended for an additional 1 year term from March 9, 2011 through March 8, 2012; WHEREAS, the City Council accepted additional grants from TDHCA for WAP grant funds on May 10, 2011 in M&C G-1 7272 and on July 19, 2011 in M&C G-17319; WHEREAS, it is the mutual desire of City and Contractor to amend the Contract to clarify certain regulatory requirement in order to meet Contract objectives. NOW, THEREFORE, City, whose address is 1000 Throckmorton St., Fort Worth TX 76102, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Contractor, whose address is 9225 King James Drive, Dallas, TX 75247, acting by and through Cameron Leggett, its President, do hereby agree as follows: I. 15. Other Laws This section is amended to be and read as follows by adding the following paragraphs: "Any invention or discovery first made in performance of this Contract shall be the property of the City. If a patent is (+­;­4, Cnn*,ractor shall notify City of such pater+ rd the patent shall be assigned to C ii , ;,;tractor agrees to provide City with m, i;l , All watenal� related to the discovery or invention. At City's sole dig; ,,•tion, Cor:trxior ,nay be granted a nor.-exclusive license. 'If any copyright ;-,h r, ,i-ect to any data or other ­pvr ;htabic It -doped in the course of or ut;;i.: rh s COnt:acs. Contractw , City of the cop,. and the 'upyright shall t,- :h,, Citv." -- -'s A=F►,�1i L R-COR€I'. r�".iiY II. All other terms and conditions of City Secretary Contract No. 39914 not amended herein remain unaffected and in full force and effect, are binding upon the parties, and are hereby ratified by the parties. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] ofrfir, a CITY CONTRACT AMENDMENT CSC NO 39914-A3 Page 2 WAP—Mills Efficient Home,Inc. Rev. 12-9-11 IN WITNESS WHEREOF the parties hereto have executed three duplicate originals of this Contract Amendment in '.We TIgas, this \S� day of De(,cg rv, - , 2011. Ar 0000po� ATTEST: °aCITY OF FORT WORTH o 0 o Y City Secretary *°° 000000° °o.X Fernando Costa, Assistant City Manager UU a 000 M&C: C-24132 Date: 03' �Nji 00 ICY APPS OVED AS TO FORM AND LEGALITY: Assistant City Attorne !f­ ome, Inc. Camge , President STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me o,.J&11� , 2011 by Fernando Costa, the Assistant City Manager of th City of Fort Worth, on behalf of the City of Fort Worth. ULTARY PUBLIC, STATE OF TEXAS EVONIA DANfEI.S EXPIRES July 10,2013 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 6e(XMt IL , 2011 by Cameron Leggett, President of Mills Efficient Home, Inc. NOTARY PUBLIC, STATE OF TEXAS •!"!r, HEIDI DARLAND Notary Public,State of Texas �. My Commission Expires i October 12, 2015 , CONTRACT AMENDMENT CSC NO 39914-A3 OFFICIAL RfC CITY Page 3 WAP—Mills Efficient Home, Inc. SLCR!� TAI R Rev. 12-9-11 -- F r WORTH, TX