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.
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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.
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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
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'CITY c�l;U�
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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,
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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