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HomeMy WebLinkAboutContract 36848 CITY SECRETARY CONTRACT NO. 3V AMENDMENT NO. 1 TO RESEARCH AND TECHNOLOGY DEVELOPMENT PROJECT AGREEMENT This AMENDMENT NO. 1 TO RESEARCH AND TECHNOLOGY DEVELOPMENT PROJECT AGREEMENT ("Amendment") is made and entered into by and between the University of North Texas Health Science Center ("UNTHSC"), a state institution of higher education established pursuant to Chapter 105 of the Texas Education Code, and the City of Fort Worth ("City"), a home rule municipal corporation organized under the laws of the State of Texas. RECITALS A. The City and UNTHSC previously entered into that Research and Technology Development Project Agreement, dated as of October 7, 2005 (the "Agreement"). The Agreement provides for use of certain Appropriated Funds from the State of Texas to pay for costs associated with (i) the co-location of UNTHSC's support services with Tech Fort Worth incubator client companies in its BioHealth Center, (ii)the renovation of the Guinn elementary school, and (iii) technology incubator services to be provided by TECH Fort Worth. The Agreement is a public document on file in the City Secretary's Office as City Secretary Contract No. 32474. B. The Agreement provides that the City must incur those Appropriated Funds designated as City Allocated Funds in the same state fiscal year as they are received. The City and UNTHSC now wish to amend the Agreement to allow for specific City Allocated Funds to be incurred by the City at a later date. NOW, THEREFORE, UNTHSC and the City,.for and in consideration of the terms and conditions set forth herein and in the Agreement, do hereby contract, covenant and agree as follows: AGREEMENT 1. The parties hereby agree that the recitals set forth above are true and correct and f^%� *hP baCIO „--n which they have entered into this Amendment. Viiii ll� -.0 M V Amendment 1 � ' 04-01-08 A09 :48 IN Technolo- i3eveiopment d Transfer Agreement between City of Fort Worth and University of North Texas Health Science Center Page 1 OGC Contract# 13020a 2. Section 2.4 of the Agreement (No Rollover) is hereby deleted in its entirety and replaced with the following: The City understands and agrees that City Allocated Funds received by UNTHSC during a state fiscal year (September 1 through August 31) must be incurred by the City during the same fiscal year for a purpose authorized by the Appropriation and as permitted by this Agreement; provided, however, that subject to the last sentence of this Section 2.4, the University hereby consents that up to $55,000.00 of City Allocated Funds received by UNTHSC during the 2006-2007 state fiscal year may be incurred by the City by not later than December 31, 2007, as specifically provided in that certain October 18, 2007 letter to the Honorable Susan Combs jointly from Mike Moncrief, Mayor of the City, and Scott Ransom, President of UNTHSC. In the event that the Comptroller demands the refund of all or any portion of the Allocated Funds that were incurred after expiration of the 2006-2007 state fiscal year specifically due to that fact, the City will pay UNTHSC or the State of Texas an amount equal to the refund demanded from any legally available source of funds; provided,however, that UNTHSC will cooperate with the City if the City reasonably and in good faith disagrees with the Comptroller's demand and wishes to employ any available administrative or legal remedy to contest the Comptroller's demand, with the understanding that UNTHSC itself shall have no liability or responsibility in asserting or related to such a contest. 3. All terms in this Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. " fJL!s` l :sv Amendment No. 1 to Technology Development and Transfer Agreement between City of Fort Worth and University of North Texas Health Science Center Page 2 4. All terms and conditions of the Agreement that are not expressly amended pursuant to this Amendment shall remain in full force and effect. EXECUTED as of the last date indicated below: CITY OF FORT WORTH: UNIVERSI OF NORTH TEXAS HEALTH ENCE CENTER: B ,.d By. Tom Higgins Scott Ransom Acting Assistant City Manager President Date: /to8 VL Date: l -t c By: ee__a Lee Jacks hancellor of University of North Texas System Date: 3 2 7 0 8 iw)'jL la'vU ''� IT � I U'lV 'CITY c�l;U� �H, YOK Amendment No. 1 to Technology Development and Transfer Agreement between City of Fort Worth and University of North Texas Health Science Center Page 3 APPROVED AS TO FORM AND LEGALITY: li�By:_ Peter Vaky Assistant City Attorney / M&C: Z11,61M, L Attested By, N1,, ty Het1C r1x Ct��rS�eretu�y Amendment No. 1 to Technology Development and Transfer Agreement between City of Fort Worth and University of North Texas Health Science Center Page 4