HomeMy WebLinkAboutResolution - 6476 - Amendment To Contract - TTU - Capital Equipment Building #555 - 08/26/1999Resolution No. 6476
Aug. 26, 1999
Item No. 25
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 City of Lubbock Contract for Purchase of Capital Equipment for Building #555,
Reese Center, by and between the City of Lubbock and Texas Tech University, and
related documents. Said Amendment No. 1 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 of August '1999.
YS ,MA O'
A ST:
aythi arnell
City S etary
AS
121,j
Kevin WalkAr
Business Liaison Officer
APPROVED AS TO FORM:
e
William de Haas
Competition and Contracts Manager/Attorney
rkb/ccdocs/techcapitalequipmentamendment.res
August 17, 1999
Resolution No. 6476
Aug. 26, 1999
Item No. 25
AMENDMENT NO.1 TO
CITY OF LUBBOCK CONTRACT FOR
PURCHASE OF CAPITAL EQUIPMENT FOR BUILDING #555,
REESE CENTER
STATE OF TEXAS
COUNTY OF LUBBOCK
Section 1: Parties and Purpose
The City of Lubbock, a Municipal Corporation of the State of Texas, ("City") and Texas
Tech University, an agency of the State of Texas, ("Contractor"), do hereby contract and
agree to amend the Contract to purchase capital equipment for Building #555 at Reese
Center, former known as Reese Air Force Base, Lubbock, Texas, effective December 19,
1997, between the City and Contractor. 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:
1. Contractor shall have completed all modifications
and renovations to the Facility as described in the plans and
specifications originally submitted to the City pursuant to the
contract between the City and Contractor for renovations to the
Facility. This completion requirement is limited to the "Facility
Renovation" component of that contract, as described in its Section
16A.
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2. Contractor shall submit a notice of completion to
City 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 contract between the Contractor and City for the
initial Renovation project, City 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 City by
August 31, 2001. Additionally, Contractor may be barred from applying
or receiving additional funding disbursements under the DEAAG program
until repayment is made.
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 signing this amendment, the parties further hereto
expressly understand and agree that this amendment shall become a part of the contract
identified 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 Texas Tech University
J4
ohn T. on ord
W4uzcellr
Page 2
ATTEST:
Ka.Darnell .
City ecretary
as to content:
Kevin Wa er
Business Uaison Officer
Approved as to form:
William de Haas
Competition and Contracts Manager
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