The URL can be used to link to this page

Home My WebLink AboutContract 39724-A1AMENDMENT 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 LJNTHSC previously entered into that Research and Technology Development Project Agreement, dated as of January 27, 2010 (the "Agreement"). The Agreement provides for use of $700,000.00 in Appropriated Funds from the State of Texas, defined in the Agreement as the "City Allocated Funds", to pay for costs associated with the renovation of the Guinn elementary school in order to benefit the Fort Worth Business Assistance Center (the "BAC"), a non-profit business development center that provides skills development, technical advice and access to capital to small businesses and entrepreneurs. The Agreement also requires that all City Allocated Funds be incurred by the City during the same fiscal year in which the City receives such City Allocated Funds. The Agreement is a public document on file in the City Secretary's Office as City Secretary Contract No. 39724. B. The parties now wish to amend the Agreement to (i) stipulate that the amount of the City Allocated Funds has been reduced from $700,000.00 to $6655000.00; (ii) allow the City to use those Appropriated Funds designated as City Allocated Funds not only for the renovation of the Guinn elementary school, but also for BAC operations; and (iii) allow the City to incur the City Allocated Funds in a fiscal year after the fiscal year in which such City Allocated Funds have been received from UNTHSC, so long as such City Allocated Funds are incurred during the biennium covered for the Appropriated Funds under S.B. 1 (General Appropriations Act, 2009-2010), 81 st Legislature of the State of Texas, if approved by the Texas Comptroller of Public Accounts, NOW, THEREFORE, UNTHSC and the City, for and in consideration of the terms and conditions set forth herein and in the Agreement, do hereby o �venant-- and agree as follows: OFFICIAL RECORD CITY SECRETARY Page 1 FTWORTH TX Amendment No. I to City Secretary Contract No. 39724 Technology Development and Transfer Agreement between City of Fort Worth and University of North Texas Health Science Center AGREEMENT 1. The parties hereby agree that the recitals set forth above are true and correct and form the basis upon which they have entered into this Amendment. 2. Recital C of the Agreement is hereby amended to read as follows: C. UNTHSC and the City wish to enter into this Agreement in order to provide for UNTHSC's transfer to the City of $665,000.00 of those Appropriated Funds received from the first annual installment (the "City Allocated Funds"), which will be used by the City, in whole or in part, for operational costs associated with the BAC or, in order to benefit the BAC, those renovations of the Guinn elementary school (the "School") that are set forth in Exhibit A-1, attached hereto and hereby made a part of this Agreement for all purposes. No funds from the second installment will be transferred to the City. 3. Exhibit "A" of the Agreement is hereby deleted in its entirety and replaced with Exhibit "A-111, attached hereto. 4. Section 2.1 of the Agreement is hereby deleted in its entirety and replaced with the following: 2.1. Transfer by UNTHSC. The City hereby acknowledges receipt of the City Allocated Funds from UNTHSC. UNTHSC hereby acknowledges that the City has deposited the City Allocated Funds into a segregated account or accounts, or sub -accounts thereof, specifically designated for the funding of BAC operations or the School renovations. Any interest earned on the City Allocated Funds shall remain the property of the City, but shall not be spent for purposes other than for the funding of BAC operations or the School renovations. 5. Section 2.2 of the Agreement (Draw -Downs for School Renovations) is hereby deleted in its entirety and replaced with the following: Page 2 Amendment No. 1 to City Secretary Contract No. 39724 Technology Development and Transfer Agreement between City of Fort Worth and University of North Texas Health Science Center 2.2. Draw -Downs for School Renovations and BAC Operations. The City will pay invoices and other authorized costs related to the School renovation directly from those City Allocated Funds that have been deposited into the account or sub -account designated for that purpose and will pay invoices and other authorized costs for BAC operations directly fiom those City Allocated Funds that have been deposited into the account of sub -account designated for that purpose. The City will provide UNTHSC with copies of all invoices and other reasonable documentation of costs incurred within a time frame (but in no event later than thirty (30) calendar days following payment) and pursuant to a procedure reasonably acceptable to both UNTHSC and the City. 6. Section 2.3 of the Agreement (No Rollover) is hereby deleted in its entirety and replaced with the following: 2.3. Incurrence of City Allocated Funds. The City understands and agrees that City Allocated Funds must be incurred by the City on or before August 31, 2011. In the event that the Texas Comptroller of Public Accounts demands the refund of all or any portion of the City Allocated Funds that were incurred after expiration of the state fiscal year in which they were received by UNTHSC and transferred by UNTHSC to the City, 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. 7. All terms in this Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. 8. All terms and conditions of the Agreement that are not expressly amended pursuant to this Amendment shall remain in full force and effect. Page 3 Amendment No. 1 to City Secretary Contract No. 39724 Technology Development and Transfer Agreement between City of Fort Worth and University of North Texas Health Science Center EXECUTED as of the last date indicated below: CITY OF FORT WORTH: �"-- Y suSan FFlahl�s Assistant City Manager Date: � �7''I (1�, UNIVERSITY, OF NORTH TEXAS HEALTH SCIENCE CENTER: By: Ransom President (q �Z (,2, � � .� Date: APPROVED AS TO FORM AND LEGALITY: By: Peter Vaky �/ Assistant City Attorney M&C: C-Z`f�D3 k-17-/0 �ittested by> M� �e�dr��c; C�� Secretary Page 4 Amendment No. 1 to City Secretary Contract No. 39724 Technology Development and Transfer Agreement between City of Fort Worth and University of North Texas Health Science Center OF'FICIA� I�ECOFtD CITY SECFdETARY �l .r; HSC Contract # 14856a EXHIBIT A-1 DESCRIPTION OF SCHOOL RENOVATION PROJECT The School renovation project consists of the following: • New interior walls and doors • New pain, carpet and vinyl composition tiles • New electrical wiring and light fixtures • New HVAC duct extensions • Computer network wiring • Furnishings, fixtures and equipment necessary for BAC operations Amendment No. 1 to City Secretary Contract No. 39724 Technology Development and Transfer Agreement between City of Fort Worth and University of North Texas Health Science Center COUNCIL ACTION: Approved on 8/17/2010 DATE: Tuesday, August 17, 2010 REFERENCE NO.: C-24403 LOG NAME: 17UNTHSC—BAC10 SUB.IECT: Authorize the Execution of Amendment to City Secretary Contract No. 39724 Agreement with the University of North Texas Health Science Center to Expand Use of State Grant Funds for Fort Worth Business Assistance Center Operations and to Reduce the Amount of the Grant to $665,000.00 (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an amendment to City Secretary Contract No. 39724, an agreement with the University of North Texas Health Science Center regarding grant funds from the State of Texas for Guinn Elementary School renovations, to reduce the amount of the grant from $700,000.00 to $665,000.00 and to expand the use of the grant funds to include Fort Worth Business Assistance Center operations. DISCUSSION: On December 15, 2009, the City Council authorized the City Manager to enter into an Agreement with the University of North Texas Health Science Center (UNI OkC) (M&C C-24002) to accept and receive $700,000.00 in grant funds from the State of Texas pursuant to S.B. 1 (General Appropriations Act, 2009-2010), 81 st Legislature, for renovations to the historic Guinn Elementary School. The City and UNTHSC now wish to amend the Agreement to: 1. Stipulate that the amount of the City —allocated grant funds has been reduced from $700,000.00 to $665,000.00; 2. Allow the City to use the grant funds not only for the renovation of the Guinn Elementary School, but also for Business Assistance Center (BAC) operations; and 3. Allow the City to incur the grant funds received from UNTHSC in Fiscal Year 2010 during the current biennium. This is the third allocation from the State of Texas to UNTHSC and its partnership with the City of Fort Worth and City funds have previously been utilized for renovations at the historic James E. Guinn School campus. In order to leverage those funds to more directly support job creation through services provided at the BAC and due to budget considerations for Fiscal Year 2011, the City allocated funds will be used in part for operational costs associated with the BAC and, in order to benefit the BAC, interior improvements to complete renovations to the Guinn Elementary School building. The Guinn School property is located in COUNCIL DISTRICT 8. FISCAL INFORMATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Thomas Higgins (6140) Originating Department Head, Jay Chapa (6192) Additional Information Contact: Ossana Hermosillo (212-2665) ATTACHMENTS 1. 17UNTHSC Funding A,�reement.Amd l.doc UNIVERSITY of NORTH TEXAS HEALTH SCIENCE CENTER at Fort Worth Education, Research, Patient Care and Service Technology Ti�aiufer £�? Conunercinlizntian November 10, 2010 Jay Chapa Housing &Economic Development ] 000 Throckmorton Fort Worth, 76102 Re: Amendment to the Research and Technology Development Project Agreement UNTHS C #AMD-11-10-1010 Dear Mr. Chapa, Enclosed you will find two (2) partially executed copies of an Arraendment to the Research and Technology Development Project Agreement between the City of Fort Worth and the University of North Texas Health Science Center at Fort Worth. After execution, please return o�:e original to our office and retain the other for the City's records. Don't hesitate to contact us if you have any questions or need any assistance. Sincerely, �� Darlene McMillin Executive Assistant Office of Technology Transfer &Commercialization University of North Texas Health Science Center 3400 Camp Bowie Blvd., CBH-207 Fort Worth, TX 76107-2699 /dm Enclosure �� s �� Texas College of Osteopathic Medicine •Graduate School of Biomedical Sciences •School of Public Health •School of Health Professions •Health hutiaites of Texas UNT Health 3500 Camp Bowie Boulevard, Fort Worrh, Tesas 76107-2699 817-735.2000 An EEO/A(hrmativc Action Ins[imtion