HomeMy WebLinkAboutResolution - 6474 - Amendment To Contract - TX Dept. Of Economic Development - DEAA Grant - 08_26_1999Resolution No. 6474
Aug. 26, 1999
Item No. 24
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Amendment No. 1 to
the Texas Department of Economic Development Contract for Defense Economic
Adjustment Assistance Grant (Capital Equipment for Reese Center Building 4555), by
and between the City of Lubbock and the Texas Department of Economic
Development, and related documents. Said Amendment No. I is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 26th day
A EST:
Kayt Darnell
City cretary
Kevin Walke
Business Liai on Officer
APPROVED AS TO FORM:
William de Haas
Competition and Contracts Manager/Attorney
rkb/ccdocs/capitalequipmentamendment.res
August 17, 1999
1999.
Resolution No. 6474
Aug. 26, 1999
Item No. 24
AMENDMENT NO.1 TO
TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT
CONTRACT FOR DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT
(Capital Equipment for Reese Center Building #555)
STATE OF TEXAS
COUNTY OF TRAVIS
Section 1: Parties and Purpose
The Texas Department of Economic Development, an agency of the State of Texas ("Department") and
the City of Lubbock, Texas, ("Contractor") do hereby contract and agree to amend the Contract for
Defense Economic Adjustment Assistance Grant to purchase capital equipment for Building #555
("Facility") at Reese Center in Lubbock, Texas, effective December 19, 1997, between the Department
and Contractor ("Equipment Contract"). Said Contract is hereby amended as set forth below as of August
26, 1999, upon execution by both parties.
Section 2: Amendment
A. Section 3 of the Contract is deleted in its entirety and replaced with the following language:
SECTION 3. CONTRACT PERIOD
This Contract shall commence upon execution of this Contract and shall terminate on
May 31, 2000. Any requirements or deadlines established by this Contract beyond the
termination date shall survive and remain in force until satisfied.
B. Section 16C is deleted in its entirety and replaced with the following language:
C. Contractor shall satisfy the following Special Conditions, in addition to satisfying the
foregoing Special Conditions, prior to the final disbursement of the remaining ten percent
(10%) of Contract Funds:
Contractor shall have completed all modifications and renovations to the Facility
as described in plans and specifications originally submitted to the Department
pursuant to the DEAAG contract between Department and the City of Lubbock
for renovations to the Facility. This completion requirement is limited to the
"Facility Renovation" component of that contract, as described in its Section 16A.
Contractor shall submit a notice of completion to Department no later than sixty
(60).calendar days after the purchase and installation of all capital equipment
purchased with Contract Funds. The notice of completion shall include a final
Project Completion Report of all activities performed under this Contract.
C. The following language is added as Section 16(H):
H. In the event the Initial Renovation Project is not completed when and as required
by the DEAAG contract between the Department and Contractor for the Initial
Renovation Project, Department shall receive a recoupment of funds from
Contractor equal to ten percent (10%) of Contract Funds disbursed under this
Contract. Such recoupment must be received in full by the Department by August
31, 2001. Additionally, Contractor may be barred from applying for or receiving
additional funding disbursements under the DEAAG program until repayment is
made.
Equipment Grant Contract Amendment
August 17, 1999
Section 3: Incorporation and Limitation
The parties hereto agree that all of the terms of the contract identified in Section 1 above shall remain in
effect and shall continue to govern except to the extent that they conflict with the terms of this
amendment. By the signing of this amendment, the parties further hereto expressly understand and agree
that this amendment shall become a part of the contract identified above in Section 1 above as though it
were set forth word for word therein.
WITNESS OUR HANDS, EFFECTIVE AUGUST 26, 1999:
Accepted and executed on behalf of the City of Lubbock
The Honorable Wi y itton, May
City of Lubbock
APPROVED ,AS TO CONTENT:
ATTEST:
Jeff Mos ey
Executive Director 1)
Texas Department of Economic Development
This amendment is not effective unless signed by the
Economic Development or by his authorized designee.
Kevin G.IWalker
Business Liaison Officer
APPROVED AS TO FORM:
William D. de Haas
Corn etition and Contracts Manager
Executive Director of the Texas Department of
Equipment Grant Contract Amendment 2
August 17, 1999