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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 ���1 000 00 ICY tA 000000°0 � 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