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HomeMy WebLinkAboutContract 39906-A3 CITY SECRETARY CONTRACT NO.3220U A3 �. THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 39906 WHEREAS, on March 10, 2010, the City of Fort Worth ("City") and Efficient Attic Systems d/b/a Weatherization Management Group ("Contractor")made and entered into City Secretary Contract No. 39906 (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-17272 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 5949 Sherry Lane, Street 960, Dallas, TX 75225, acting by and through Michael Ruff, its Manager, 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 obtained, Contractor shall notify City of such patent and the patent shall be assigned to City. Contractor agrees to provide City with any and all materials related to the discovery or invention. At City's sole discretion, Contractor may be granted a non-exclusive license. "If any copyright arise with respect to any data or other copyrightable work developed in the course of or under this Contract, Contractor shall notify-City-of-the copyright and the copyright shall be assigned to the City." 0Fyy r, !4,i, _,y�()Jay CONTRACT AMENDMENT CSC NO. 39906-A3 j i. ", 3 ;� )( Page 1 WAP—Efficient Attic Systems d/b/a Weatherization Management Group Rev. 12-0-11 II. All other terms and conditions of City Secretary Contract No. 39906 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] j 0FF11,-1rL FECORD4l ;T '_s9 rT RY TX CONTRACT AMENDMENT CSC NO. 39906-A3 _ _-.-. -"Ls 2 WAP—Efficient Attic Systems d/b/a Weatherization Management Group Rev. 12-9-11 ., A IN WITNESS WHEREOF,the parties hereto have executed three duplicate originals of this Contract Amendment in Fort Worth, Texas, this 21 day of.i�c ��--��r 92011. ate° -Vc w4 ATTEST: a�F f0n) as CITY OF FORT WORTH j 0000000 go i �y�a► o o O B `7.,0 ity Secretary �o �0 Fernando Costa, Assistant City Manager t Ao 0 M&C: C-24132 Date: v-10%, 0 0000 icp� 44 0000 �a APPROVED AS TO FORM ALITY: n Assistant City Attorn�y Efficient Attic Systems d/b/a Weatherization Management Group By. Michael Ruff, Mkaer STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me Qn _, 2011 by Fernando Costa, the Assistant City Manager of t e City of Fort Worth, on behalf of the City of Fort Worth. - OTARY PUBLIC, STATE OF TEXAS EVCNIA DANIELS My COMMISSION EXPIRES July 10,2013 .1TRR`....•�T STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 2011 by Michael Ruff, Manager, Efficient Attic Systems d/b/a Weatherization Management Group. - . — - NOTARY LIC STATE OF TEXAS ., GING GA ER SSETT OFRI `IAA P!:CORD CONTRACT AMENDMENT CSC NO. 39906-A3 CITY S.CRETARIP9e 3 WAP—Efficient Attic Systems d/b/a Weatherization Management Group � r .2Bar�'l2�11 -- 1