HomeMy WebLinkAboutContract 41504-A1 CITY SECRETARY
CONTRACT NO 4\5
FIRST AMENDMENT TO SERVICE AGREEMENT
BETWEEN THE
CITY OF FORT WORTH
AND
AIRRITE AIR CONDITIONING COMPANY, INC.
This FIRST AMENDMENT TO SERVICE AGREEMENT ("First
Amendment") is made and entered into by and between the CITY OF FORT WORTH,
a home-rule municipal corporation of the State of Texas ("City"), acting by and through
its duly authorized Assistant City Manager, and AIRRITE AIR CONDITIONING
COMPANY, INC. ("Contractor"), a sole proprietorship, acting by and through its duly
Owner.
WHEREAS, on July 10, 2007, the Fort Worth City Council approved M&C P-
10608, which authorized execution of an agreement with Contractor to provide grant-
funded heating and cooling services for qualified individuals; and
WHEREAS, pursuant to M&C P-10608, City and Contractor entered in to a
Service Agreement("Agreement"); and
WHEREAS, an audit conducted by the Texas Department of Housing and
Community Affairs found that the language in the Agreement was not specific enough
with respect to Contractor's compliance with the Federal Clean Air Act and the Federal
Water Pollution Control Act; and
WHEREAS, the parties wish to amend the Agreement to address the audit
finding.
NOW, THEREFORE, City and Contractor, do mutually covenant and agree as
follo
OFFICIAL RECORD
CITY SECRETARY
FT WORTH, TX
First Amendment to Service Agreement with Airrite Air Conditioning Company, Inc. Page I of 2
1. That Section 4 of the Agreement is hereby deleted in its entirety and replaced with
the following:
SECTION 4.
Contractor, its officers, agents, employees, contractors and subcontractors,
shall abide by and comply with all laws, federal, state and local, including, but not
limited to, the Clean Air Act, 42 U.S.C. 7401 et seq., as amended, the Federal
Water Pollution Control Act, 33 U.S.C. 1251 et seq., as amended, and the Fort
Worth City Charter and all ordinances, rules and regulations of the City. Any
violations of the Clean Air Act or the Federal Water Pollution Control Act shall
be reported to the Environmental Protection Agency (EPA). In addition, it is
agreed and understood that, if City calls the attention of Contractor to any legal
violations on the part of Contractor, its officers, agents, employees, contractors or
subcontractors, then Contractor shall immediately desist from and correct such
violation.
2. That all other terms and conditions of the Agreement that are not amended herein
shall remain in full force and effect throughout the term of the Agreement and any
renewals thereof.
IN WITNESS WHEREOF, the parties hereto have ex cuted this First Amendment in Fort
Worth, Tarrant County, Texas, this AS-"-day of , 2011.
CITY OF FORT WORTH, TEXAS GLENN'S AIR CONDITIONING
& GERATW
StLanAlanis Glenn A. Miller
Assistant City Ma ger Owner
Date Signed: a a 3 l Date Signed: Z
ATTEST: WITNESS:
.., �
Marty Hendri 00000000
City Secretary p��° Ago
APPROVE S TO FORK c ti,;hRPORATE SEAL:
LE ITY: �d o �,\ o* d
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000 00 ICY tA
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De i c oy A� 4a
Ass stant Cit ttorney EOFFICIAL RECORD
Original Contract: M&C P-10608 RETARY
Amendment: No M&C Required TH, TX
First Amendment to Service Agreement with Glenn's Air Conditioning Page 2 of 2