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HomeMy WebLinkAboutC2010-225 - 6/29/2010 - ApprovedFIRST AMENDMENT TO THE AGREEMENT FOR WEATHERIZATION ASSISTANCE ASSESSMENT SERVICES -ENERGY EFFICIENCY BETWEEN THE CITY OF CORPUS CHRISTI AND RED POWER CORPORATION This amendment ("First Amendment") is made by and between the City of Corpus Christi ("City") and R. E. D. Power Corporation ("Contractor"). WHEREAS, the City and the Contractor executed an agreement ("Agreement") #o be effective on June 7, 2010, to utilize WAP funds for energy assessment services related to a project preserving and protecting the public's health and safety; and WHEREAS, the City and Contractor mutually desire to execute this First Amendment to revise and extend the term and the number of maximum units that may be included in the project, and related and associated counterparts to those provisions, as stated in the original Agreement. Section ~I. The parties mutually agree to revise and extend the term and the maximum number of units that may be subject to the Agreement by deleting Section 2 of the Agreement in its entirety and replacing it with the following language: "The period for performance of this Agreement shall commence June 6, 2010, and be in effect until August 31, 2011, unless sooner terminated under the provisions of this Agreement. In no event shall the value of services provided by Contractor under this Agreement exceed $298,400 {up to .746 units x $400 per unit, which unit value includes both apre- and post-assessment per unit). Assignment of individual housing units is at the sole discretion of the City, and Contractor acknowledges and agrees, by execution of this Agreement, that this Agreement only provides Contractor with an expectation of payment based on the number of units assigned to and fully completed by Contractor." Section 2. In the event that any term or provision stated in the exhibits to the Agreement conflicts with the language shown above in Section 1 (amending Section 2 of the Agreement), the parties mutually agree by execution of this First Amendment that such conflicting term or provision in the exhibit, if any, is hereby superseded by the amended language stated in this First Amendment. Section 3. All terms, provisions, conditions, and covenants of the Agreement not revised by this First Amendment remain the same and in full force and effect for all purposes. zolazzs M2010-161. (EXECUTION PAGE FOLLOWS} 06/29/10 R.E.D. Power Corp. ~~~~~ EXECUTED IN DUPLICATE, each of which is considered an original and made effective upon the signature of the last party executing this First Amendment, on this the day of n.e. , 209 0. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: , 2010 ~°~: ~ 1 CITY OF CORPUS CHRISTI r . ,~~•~ n el R. Escobar City Manager ,, Elizab R. Hundley Assist City Attorney for the City Attorney CONTRACTOR: R. E. D. Power Corporation By: Printed Name: ~ 2 `~ ~~.~.~-G Title: ,i~ ' Date: ~/~°~~_ .,, ACKNOWLEDGMENT ~ -...~r~ RUTi!lt~RI~F,~ ~ ~~~iwt:ll ...o ~~~~ /Q SlrC ~~ ,~. STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Th' strumen~ w, cknowl ged before me on , 2010, by ~ C of R. . D. Power Corporation, a Texas corporation, on behalf ofi the corp ation. (Seal) ~At,als~ tvo~sv a~Kt~~ Nota ublic, State of xas ~~FY-~ ~~4 ~,e~'•' '•'!~4 ~fotary Publln, 5tata n4 Texas My Corrsmia~4n~ Explr~~ ~~ ~~~~ M~roh 04, 2011