HomeMy WebLinkAboutContract 56545 DocuSIgn Envelope ID:C226F746-F8CF-45F3-A6F9-FB1B64CE14B2
CITY SECRETARY 5 L 515
CONTRACT NO.
� �
�14TERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND UNIVERSITY OF
NORTH TEXAS HEALTH SCIENCE CENTER
This Interlocal Agreement("Agreement") is between the City of Fort Worth, Tcxas ("City") and
the University of North Texas Health Science Center("UNTI-ISC"), (collectively,the"Parties").The City
and UNTHSC have reviewed this Agreement and each make the following findings;
WHEREAS,on March 11,2020,the World Health Organization declared COVID-19 a worldwide
pandemic;
WHEREAS, on March 11, 2021, President Joseph Biden signed the American Rescue Plan Act
("ARPA") to provide support to State and local governments to respond to the financial impacts of the
COVID-19 pandemic;
WHEREAS,the State and Local Fiscal Recovery Funds CTRF") authorized in ARPA (C,F,D.A
421.027) are to be used to mitigate the ongoing effects of COVID-19 and support the nation's pandemic
recovery;
WHEREAS,the City has received FRF funds to respond to the continuous impact of COVID-19
as outlined in the Interim Final Mule(IIaR) promulgated by the Department of Treasury ("Treasury");
WHEREAS, Treasury has issued guidance for the use of FRF funds in the form of Frequently
Asked Questions,and will continue to issue guidance and clarification on the appropriate use of these funds;
WHEREAS, the COVID-19 pandemic disrupted the delivery of healthcare services across City
causing residents to delay or defer medical treatment including musculoskeletal treatment;
WHEREAS,the COVID-19 pandemic has significantly changed the treatment of musculoskeletal
conditions and diseases necessitating innovative approaches to treatment and service delivery;
WHEREAS, musculoskeletal injuries are common in the United States with half of Americans
over the age of 18 developing a musculoskeletal injury that lasts longer than three months each year
(approximately 126 million Americans being affected with a musculoskeletal condition), and each year,
half of Americans will visit a physical therapist for treatment of these musculoskeletal conditions;
WHEREAS, according to the American Physical Therapy Association (APTA), during the first
year of the pandemic, physical therapy clinics stayed open but had fewer patients due to lack of physician
referrals and hours of care declining;
WHEREAS, according to the APTA, the pandemic changed the delivery model for physical
therapy to include live video consultations, but 54%of patients reported lower patient satisfaction and 53%
reported poorer results;
WHEREAS, current medical literature data reveals that more than half of people hospitalized with
COVID-19 still experience diminished lung function and mobility problems four months after being
discharged;
C, rl SF(CRFIFy,RV
Agreement between City of Fort Worth and UNTHSC,HSC Contract#2022-0006 wwim, vx,
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WHEREAS, studies have shown that a significant proportion of survivors of COVID-19
experienced respiratory or functional nrusculoskeletal impairment lasting greater than four months after
hospital discharge;
WHEREAS, this new population of survivors with lasting mobility issues will put an increasing
demand on existing physical therapy caregivers resulting in a need for new physical therapies and
techniques;
WHEREAS,the negative economic impacts of the COVID-19 pandemic have caused hundreds of
thousands of businesses to close, placed many more at risk of closing, and significantly impeded the
advancement of new technologies clue to economic instability;
WHEREAS,UNTI-ISC and its partners are providing business development coaching,mentorship,
and business design for a post-pandemic economy for companies that are developing new treatments and
technology for trlusculoskeletal conditions;
WHEREAS, UNTI-ISC and its partner, Techstars seek to address the disparities caused by the
pandemic in physical therapy services by developing businesses that deliver new therapies and technologies
to better the health outcomes for all residents of City;
WHEREAS, 602(c)(3) of the Act specifically allows units of local government to transfer FRP to
other entities;this was expanded in the I F R(VI,Transfer),with further clarification in the Frequently Asked
Questions(1.8)published July 14,2021;
WHEREAS, an eligible transferee (UNT1-ISC) is considered a subrecipient and will comply with
all subrecipient reporting requirements as well as utilize the funds in accordance with applicable uses;
WHEREAS, the City and UNTI-ISC find that the programs outlined herein are eligible FRV
expenditures under current guidance and rules promulgated by the U.S. Treasury and will mitigate the
effects of COVID-19 on City residents and accelerate the community's recovery from the pandemic;
WHEREAS,the expenses of any payments m performance required by this Agreement come from
current revenues legally available to the Parties;
WHEREAS,the subject of this Agreement is necessary for the benefit of the public and each party
has the legal authority to perform and provide the governmental function or service which is tine subject
matter of this Agreement;
WHEREAS, the Parties agree that nothing in this Agreement is intended to restrict the authority
provided to local officials pursuant to the Texas Disaster Act of 1975;
WHEREAS, funding under this Agreement will allow the City and UNTHSC to continue
its focus on the on-going recovery effort to strengthen the physical and economic health of the
community and,as such,was determined to be a qualified priority by.City Management for ARPA
funding as approved by the City Council in Mayor and Council Communication 21-0445 on June
22, 2021; and
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THEREFORE, for and in consideration of the mutual undertaking hereinafter set forth and for
adequate consideration given,the City and UNTHSC agree to the following:
I,
INCORPORATION OF RECITALS AND
DESCRIPTION OF SERVICES AND OUTCOMES
1. The City and UNTHSC agree that Recitals set forth above are true and correct Find form the basis
upon which they are entering into this Agreement. The Recitals are hereby incorporated into this
Agreement by reference.
2. The Accelerator Services Program ("Program") will facilitate the creation of a startup accelerator
program for startup businesses (each a "Participant'), Each Participant will locate to Fort Worth
and participate in an intense, li nnersive, 3-month mentorship-driven accelerator program (each a
"Class") and will work to mature their company and technology in their respective medical field
pertaining to musculoskeletal treatment. Each Class will contain up to ten(10)Participants. During
the term of the Accelerator Engagement Services Agreement ("ESA") between UNTI-ISC and
Techstars, it is anticipated that three Classes will be provided, with approximately one Class per
year. At the end of each Class, the Participants will present their progress to the technology and
entrepreneurial community and will showcase the team's progress during an event.
3. City and UNTHSC agree that the intended outcomes of this program will be to deliver new
technologies, treatments, and therapies for musculoskeletal conditions, Successful outcomes of
this program would be: 1) to address the need for business development support for entities that
have had product and technology development delayed due to the COVID-19 pandemic; and 2)
advancement of products,treatments, and technologies that will address disparities in the delivery
of PTR services that were exacerbated by the pandemic.
II.
DISTRIBUTION OF FUNDS
1. The City will transfer a total of TWO MILLION FOUR HUNDRED THOUSAND DOLLARS
($2,400,000.00) ("Funds") to UNTHSC from the City's FRF funds for expenses (as outlined in
Appendix A, which is attached hereto and incorporated herein for all purposes) related to FRF
eligible uses as outlined in the Treasury's Interim Final Rule and any and all additional rules and
guidance from the U.S. 'treasury for costs associated with the Techstars Future of Human
Movement Accelerator, or such other name as may be given to the Accelerator described herein.
Tile City agrees to transfer the Funds in the following two installments:
a. Eight Hundred Thousand Dollars and Zero Cents($800,000.00)within thirty days after
the Effective Date of this Agreement to ensure that the Program has sufficient funds to
begin and progress efficiently and effectively,
b. One Million, Six Hundred Thousand Dollars and Zero Cents ($1,600,000.00) at least
thirty days prior to the first anniversary of the effective date of the ESA between UNTHSC
and Techstars.
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2. UNTHSC acknowledges that it is a Sub-Recipient of the City's FRF FUNDS and will follow
guidelines as provided in Appendix C (attached hereto and incorporated herein for all purposes),
and all guidance issued by the U.S.Treasury pertaining to the proper use of FRF FUNDS,
3. By June 30,2024, UNTHSC will provide to the City with a plan to obligate any and all remaining
funds by December 31,2024. Any funds not expected to be obligated by December 31,2024 must
be returned to the City by July 31, 2024, All goods and services must be received and paid by
December 31,2025.
4. Any and all unspent Funds will be kept and maintained in accordance with all applicable federal,
state, and local laws, statutes, rules,and regulations.
M.
REPORTING REQUIREMENTS AND AUDIT
I. UNTHSC must provide to City quarterly and annual reports containing all relevant Program data
per the evaluation measures and key performance indicators mutually agreed upon by both parties,
along with those set forth in ARPA, IFR, and any subsequent rule or guidance issued by the U.S.
Treasury, The City shall notify UNTHSC in writing of any report due in addition to the quarterly
and annual reports,as least 30 days prior to the due date,
2. UNTHSC must supply quarterly and annual reports to City according to the schedule in Appendix
B, which is attached hereto and incorporated herein for all purposes.
a. With each quarterly report, UNTHSC must provide invoices for eligible expenses as
outlined in Appendix A along with proof of expenditures;
b. All quarterly and annual reports must comply with ARPA, IFR, or any subsequent talc o1-
guidance issued by the U.S.Treasury.
3, UNTHSC must submit an inventory log of all assets purchased through this program every two(2)
years beginning two (2) years after the Effective Date. As provided for in the award terms,
payments from the Fiscal Recovery Funds as a general matter will be subject to the provisions of
the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards(2 CFR part 200)(the Uniform Guidance), including the cost principles and restrictions on
general provisions for selected items of cost.
4. UNTHSC agrees that City will, until the expiration of the federal retention period as referenced in
2 CFR 200,334,have access to, and the right to examine at reasonable times, any directly pertinent
books, documents, papers, and records (hard copy, as well as computer generated data) of
UNTHSC involving transactions related to this Agreement.This right to audit also extends to any
obligations assigned to any subcontracts or agreements formed between the UNTHSC and any
subcontractors to the extent that those subcontracts or agreements relate to fulfillment of the
UNTHSC's obligations to City under this Agreement. City will have access during normal working
hours to all necessary facilities, staff, and workspace in order to conduct audits. City will provide
the UNTHSC with reasonable advance notice of intended audits.The Vendor must provide records
within ten(10)business days or a mutually agreed upon timeline.
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5, if the U.S,Treasury requests recoupment from City any fiords related to this Agreement,UNTHSC
must reimburse the City within sixty(60)days from receipt of the final notice of recoupment. City
agrees to work with UNTI-ISC throughout the recoupment timeline as promulgated in the IFR or
any subsequent rule or guidance issued by the U.S. Treasury.
IV,
DOCUMENTATION
UNTHSC must keep and maintain, for a period not less than five(5)years after the completion of
the program, any and all records relating to the Program and distributed funds.
V.
TERM/TERMINATION
1. This Agreement becomes effective upon the date of signature by the City and UNTI-ISC("Effective
Date")and shall continue in full force and effect through December 31,2024 ("Term").
2, Either party may terminate this Agreement if the other party breaches or is in default of any
obligation hereunder,that default is incapable of cure or which,being capable of cure,has not been
cured within thirty(30)business days after receipt of written notice from the non-defaulting party
or within such additional cure period as the non-defaulting party may authorize. UN THSC will be
entitled to compensation for services rendered through the effective date of termination.
3, In the event that this Agreement is terminated early in accordance with its terms, UNTHSC will
reimburse the City for any and all unspent Funds up and through the effective date of termination,
UNTHSC must reimburse all such Funds to the City within thirty(30)days after the effective date
of termination along with a full reporting of the expenditure of any and all of the funds,
VI.
NOTICE
Any notice required or permitted to be delivered hereunder shall be deemed to have been given
when personally Any notice required or permitted to be delivered hereunder shall be deemed to have been
given when personally delivered,or if mailed,seventy-two(72)hours after deposit ofthe same in the United
States Mail, postage prepaid, certified, or registered, return receipt requested, properly addressed to the
applicable party hereto at its address set forth below;
City of Fort Words UNi'Health Science Center
ttn: Economic Development Director Attn: Gregory R, Anderson
200 Texas Street 3500 Camp Bowie Blvd.
Dort Worth Texas, 16102 Fort Worth, Texas,76107
Such address may be changed from time to time by a party by providing written notice to the other
in the manner set forth above.
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VII.
SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the
remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this
Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and
enforceable,then such provision shall be deemed to be written, construed, and enforced as so limited,
Vlll.
GOVERNING LAW AND VENUE
This Agreement will be governed by and Construed In accordance with the laws of the State of
Texas. Should any action, whether real or asserted, at law or in equity, arise out of
the execution, performance, or attempted performance of this Agreement, venue for said action shall lie in
Tarrant County, TCxaS.
IX.
INDEPENDENT CONTRACTOR
It is expressly understood and agreed that UNTFISC will operate as an independent contractor as to
all rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City, Subject to and in accordance with the conditions and provisions of this
Agreement, UNTHSC will have the exclusive right to control the details of its operations and activities and
be solely responsible for the acts and omissions of its officers, agents, servants, employees,
and UNTHSC°s subcontractors,UNTHSC acknowledges that the doctrine of respondeat superior will not
apply as between City, its officers, agents, servants and employees and UNTHSC, officers agents,
employees, servants,contractors,and subcontractor;s. UNTHSC further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and UNTHSC. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of UNTHSC or any
officers, agents, servants, employees, contractors, or subcontractors. Neither UNTHSC, nor any
officers,agents, servants, employees, contractors, or subcontractors of UNTI ISC will be entitled to any
employment benefits from City. UNTHSC will be responsible and liable for any and all payment and
reporting of taxes on behalf of itself, and any of its officers, agents,servants,employees,or contractors.
X.
COMPLIANCE WITH LAWS,ORDINANCES,RULES,AND REGULATIONS
UNTHSC agrees that in the performance of its obligations hereunder, it will comply with all
applicable federal,state and local laws, ordinances, rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If City notifies UNTHSC of any violation of such laws,ordinances, rules
or regulations,UNTHSC must immediately desist front and correct the violation.
Xl,
NO WAIVER
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The failure of City or UNTI-ISC to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein does not constitute a waiver of City's or Wri-ISC's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
XII.
GOVERNMENTAL POWERS
it is understood and agreed that by execution of this Agreement, City and UNT14SC do not waive
or surrender any of their governmental powers or immunities,
X111.
FORCE MATEURE
City and UNTHSC will exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement,but will not be held liable for any delay or omission in performance due to force
mlijeure or other causes beyond their reasonable control, including,but not limited to,compliance with any
government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts;
natural disasters; wars; riots; epidemics or pandemics;government action or inaction; orders of
government;material or labor restrictions by any governmental authority; transportation problems;
restraints or prohibitions by any court, board, department, commission, or agency of the United States or
of any States; civil disturbances; other national or regional emergencies; or any other similar cause not
enumerated herein but which is beyond the reasonable control of the Party whose performance is affected
(collectively, "Force Majeure Event"), The performance of any such obligation is suspended during the
period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides
notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's
performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the
reasonableness of such notice to be determined by the City in its sole discretion, The notice required by this
section must be addressed and delivered in accordance with this Agreement.
XitV.
HEADINGS NOT CONTROLLING
Headings and titles used in this Agreement are for reference purposes only,will not be deemed a
park of this Agreement, and are not intended to define or limit the Scope of any provision of this
Agreement,
XV.
REVIEW OF COUNSEL
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party will not be employed in the interpretation of this Agreement.
XVI.
AMENDMENTSIMODIFICATIONS, EXTENSION
No amendment, modification, or extension of this Agreement will be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party,
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XVII.
COUNTERPARTS
This Agreement may be executed in one or more counterparts and each counterpart will, for all
purposes, be deemed an original, but all such counterparts will together constitute one and the same
instrument.
XV III,
SIGNATURE AUTHORITY AND ELECTRONIC SIGNATURES
l. The person signing this Agreement hereby warrants that they have the legal authority to execute
this Agreement on behalf of the respective party, and that such binding authority has been granted
by proper order,resolution,ordinance or other authorization of the entity,This Agreement and any
amendment hereto, may be executed by any authorized representative of UNTI ISC,Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
2. This Agreement may be executed by electronic signature, which will be considered as an original
signature for all purposes and have the same force and effect as an original signature. For these
Purposes, "electronic signature" means electronically scanned and transmitted versions (e.g, via
pdf rile or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
XIX.
ENTIRE AGRi';LrMCNT
This Agreement represents the entire understanding between the parties with respect to its subject
matter and supersedes all prior representations.
[signatures appear on the following page]
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
City: UNTHSC;
"''�` D o ouSlynad bty:
B Jesus). pa �6, 02113:50 CDT) o I (�• �IIA.II J /t'u
y' y' easr �er„�
Name: Jay Chapa Name: Michael R.Williams
Title: Assistant City Manager Title: President
Date:
Oct 26,2021 Date; 1.0/21/2021
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
DoouSlghod by; responsible for the monitoring and administration of
yU . � s this Contract, including ensuring all performance and
BY: reporting requirements.
Name: Ro ert Stutns`
ltie: Director DoouSlgnodby:
By: I2Ol�U4 Sys
Approved as to Dorm and Legality; Name: U ert tiu'ns
"Title: Director
By: City Secretary;
Name: Tyler F, Wallach
Title., Assistant City Attorney
By:�- - On
Contract Authorization: Name: Ronald P. Gonzales
M&C: 21-0811 Title: Acting City Secretary
Form 1295:NA
2 VMCCP&L kECORD,
QITV MXFAE1TARV
rT, wn r 7 H,, ,7n
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APPENDIX A
Eligible expenditures are those costs related to the Program that are eligible under the U,S, Treasury
Interim Final Rude and subsequent Frequently Asked Questions, 2 CFR 200 Uniform Guidance,and any
other additional guidance,including the following;
1. Program Deliverables,
i. Program Operations;
a. Accelerator program design
b. Class recruitment, interviewing and selection
c. Class orientation
d. Mentor feedback&coaching
e. Product development training
f. Pitch and presentation preparation
g. Demo Day programming
h. Program supplies and administrative costs
ii, Program Staff including;
a, Managing director
b. Program manager
c. Additional program support staff
iii, Recruiting Efforts
iv, Organize and manage application and selection process including pipeline
management, interviews with startups that meet the Program's criteria, and contracting
with Participants,
v, Tailored mentor recruiting,engagement and management to support the Program.
vi, Class and meeting expenses related to the activities organized by Partner.
vii. Accelerator facilities and space needs with preference given to locations in a
Qualified Census Tracts
viii. Program evaluation
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APPENDIX B
REPORTING REQUIREMENTS
Reports are due according to the following schedules;
uarterl Project and Expenditure Report Periods Report Due
First Jul I —Sept 30 Oct 15
Second Oct 1 —Dec 31 Jan Is
Third Jan I —Mar 31 Aril 15
Fourth A)HI I —Jun 30 July 15
Annual Proan and Ex enditure Re ort Periods Report Due Date
Year 1 Oct. I —Sept. 30,2022 Oct. 15 2022
Year 2 Oct. 1 —Sept. 30,2023 Oct. 15,2023
Year 3 Oct. I —Se t. 30 2024 Oct 15 2024
Year 4 Oct. 1—Sept.3012025 Oct 15,2025
Year 5 Oct. I —Sept.30 2026 Oct 15,2026
Annual Performance Reporting Periods Report Due Date
Year 1. Jul 1 —June 30,2022 July 1S,2022
Year 2 Jul I—June 30 2023 July 15 2023
Year 3 Jul l —June 30,2024 July 15,2024
Year 4 Jul 1 —June 30,2025 July 15 202S
Year 5 Jul 1 —June 30,2026 July 15,2026
[fey Performance Indicators(KPIs)for Program Outcomes:
1)Address the need for business development support for entities that have had product and technology
development delayed due to the COVID-19 pandemic.
a. Number of businesses selected in the accelerator program during the program year, and
demographic information related to business owners who were selected.
b. Number of business applications received,and demographic information related to business owners
who applied.
c. For businesses selected for the program, number of employees,net worth, and revenue at start of
the program.
d. Number of businesses that have completed the program and remain located in the City; number that
locate in a Qualified Census Tract in the City.
e. For businesses that have completed the Program,number of employees, net worth,and revenue
annually after completion.
f. For businesses that have completed the program,demographic information on employees hired or
located in the City with salary information reported annually.
g. Number of investors that invest in the businesses that complete the Program.
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h,Number of businesses whose product,treatment, or technology goes to market after program
completion,
2)Advancement of products, treatments, and technologies that will address disparities in the delivery of
PTR services that were exacerbated by the pandemic.
a. Number of products,treatments, and technologies from the program that will address disparities in
service
b. Number of platforms from the program available for access to PTR services
c, Number of businesses from the program providing FIR services in disproportionately impacted
communities
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APPENDIX C
SUB-RECIPIENT GUIDANCE
STANDARDS FOR FINANCIAL MANAGEMENT
In accordance with 2 CFR 200 — Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, UNTHSC will develop, implement and maintain financial management
and control systems, which include, at a minimum accurate payroll, accounting and financial reporting
records, cost source documentation, effective internal and budgetary controls, and determination of
reasonableness, allowability and allocability of costs, and timely and appropriate audits and resolution
findings.
UNTHSC must maintain an effective accounting system, which will:
• Identify and record valid transactions
• Record transactions to the proper accounting period in which transactions occurred
• Describe transactions in sufficient detail to permit proper classification
• Maintain records that permit the tracing of funds to a level of detail that establishes that the funds
have been used in compliance with contract requirements
• Adequately identify the source and application of funds of each grant contract
• Generate current and accurate financial reports in accordance with contract requirements
REPORTS,INSPECTIONS,AND MONITORING REVIEWS
UNTHSC will submit fiscal,progress,programmatic,and other reports as requested by City in the approved
format,
Any authorized representatives of the local, state or federal government have the right, at all reasonable
times, to inspect or otherwise evaluate the work performed or being performed and the premises in which
it is being performed. UNTHSC will participate in and provide reasonable access to facilities for assisting
said representatives.All inspections and evaluations will be performed in such a manner as will not unduly
delay the work.
PARTICIPANT RECORDS
UNTHSC grants City,the Inspector General, the Comptroller General of the United States, or any of their
duly authorized representatives,the right of timely and unrestricted access to any books,documents,papers,
or other records of UNTHSC pertinent to the Agreement, in order to make audit, examinations, excerpts,
transcripts and copies of such documents. This right also includes timely and reasonable access by City
fiscal and program personnel for the purpose of reviewing, interviewing,evaluating and monitoring related
to such documents.
City retains the right of access to UNTI-ISC's records or the right to obtain copies of said records for audit,
litigation, or other circumstances that may arise.
These documents will be maintained and retained by the UNTHSC in accordance with state and federal
retention schedules. If any litigation, claim, or audit involving these records begins before the retention
period expires,the Organization will retain the records and documents in accordance with state and federal
retention schedule or until litigation,claims, or audit findings are resolved, whichever is later.
ALLOWABLE COSTS
City's payment to UNTHSC does not stop the City from determining that certain costs were ineligible for
reimbursement. If the City determines that a cost the City has paid for is ineligible for reimbursement,
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UNTI-ISC will refund the ineligible amount to the City. City will determine whether costs submitted by
UNTI-ISC are allowable and eligible for reimbursement. If City has paid funds to UNTI-ISC for unallowable
or ineligible costs,City will notify UNTHSC in writing,and UNTHSC must return the funds to City within
thirty(30)calendar days of the date of this written notice.City may withhold all or part of any payments to
UNT14SC to offset reimbursement for any unallowable or ineligible expenditure that UNTHSC has not
refunded to City, or If financial status report(s)required are not submitted by the due date(s).
SINGLE AUDIT
An audit must be completed if required by 2 CFR Part 200,500-520. If the guidance does not require a
single audit, UNTHSC will notify City in writing.
Independent Single or Program-Specific Audit. If UNTHSC within UNTHSC's fiscal year,expends a total
amount of at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds
awarded, UNTHSC must conduct a single audit or program-specific audit in accordance with the 2 CFR
200. The$750,000 federal threshold amount includes federal funds passed through byway of other agency
awards,The audit must be conducted by an independent certified public accountant and in accordance with
2 CPR hart 200 and Government Auditing Standards.
EQUHIMENT
Any purchase of equipment must be consistent with the Uniform Guidance at 2 CPR Part 200 Subpart D.
Equipment acquired under this program must be used for the originally authorized purpose:Consistent with
2 CPR 200,313, any equipment acquired using federal funds shall vest in the non-Federal entity.
Procedures for managing equipment must meet the following requirements;
(1) Property records must be maintained that include a description of the property,a serial number or other
identification number, the source of funding for the property,who holds title, the acquisition date, and cost
of the property, percentage of Federal participation in the project costs for the Federal award under which
the property was acquired,the location,use and condition of the property,and any ultimate disposition data
including the date of disposal and sale price of the property.
(2)A physical inventory of the properly must be taken and the results reconciled with the property records
at least once every two years.
(3)A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of
the property. Any loss,damage, or theft must be investigated.
(4)Adequate maintenance procedures must be developed to keep the property in good condition.
(5) If the non-Pederal entity is authorized or required to sell the property, proper sales procedures must be
established to ensure the highest possible return.
Disposition. When original or replacement equipment acquired under FRF is no longer needed for the
original project, the non-Federal entity must request disposition instructions from the City.
Agreemcnt between City ol'Foit Worth and UNr118C,14SC Contract 112022-0006 I'Ne 14 014
DocuSign-
Certificate Of Completion
Envelope Id:C226F746F8CF45F3A6F9FB1B64CE14132 Status:Completed
Subject:Signature request on Contract 1/2022-0006,Accelerator Program-City of Ft.Worth
Source Envelope:
Document Pages: 14 Signatures:3 Envelope Originator:
Certificate Pages:5 Initials:0 Contract Administration
AuloNav:Enabled Office of Contract Administration
Envelopeld Stamping:Enabled 3500 Camp Bowie Boulevard
Time Zone:(UTC-06:00)Central Time(US 8,Canada) Forth Worth,TX 76107
conlractadmln@unthsc.edu
IP Address: 199.188.157.82
Record Tracking
Status:Original Holder:Contract Administration Location:DocuSign
10/21/2021 1:56:08 PM contracted min @unthsc,edu
Signer Events Signature Tlmestamp
Michael R.Williams ljm by; Sent:10/21/2021 2:09:22 PM
James.Melnljes@unthso.edu [Vus1p,d
t�l�ou� �, u1i(�iavnS /)M Viewed:10/2.1/20212:29:38PM
President A➢7D440450549F.. Signed:10121/2021 2:38:22 PM
Security Level:Email,Account Authentication
(None) Signature Adoption:Pre-selected Style
Using IP Address:129,120,101.65
Electronic Record and Signature Disclosure:
Accepted:3/18/2021 2:08:41 PM
ID:65a48ee0-2ba7-4ce5-98d4-lbe3ccb3a045
Robert$turns Eg4 'Li
Dous1➢n.dbyt Sent:10/21/2021 2:38:23 PM
robed.slurns@fortworthlexas.gov S ti us Viewed:10/22/2021 11:27:29 AM
Security Level:Email,Account Authentication ➢,an➢c➢icc➢aD�. Signed:10/26/2021 8:25:46 AM
(None)
Signature Adoption:Pre-selected Style
Using IP Address:209.194.29,100
Electronic Record and Signature Disclosure:
Accepted:10/22/2021 11:27:29 AM
ID:fOd02bbf-fd68-4doa-87a9.7d8af4476bc5
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cameron Cushman COPIED Sent:10/26/2021 8:25:49 AM
camerson.cushman c@unthsc.edu
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSlgn
Carbon Copy Events Status Timestamp
Gregory R,Anderson CO PI Sent:10/26/2021 8:25:4g AM
Gregory.Anderson@unlhsc.adu ED
Executive Vice President for Finance&Opera
UNT Health Science Center
Security Level:Small,Account Authentication
(None)
Electronic Rocord and Signature Disclosure:
Accepted:10/25/2021 6:10:51 PM
ID:ofdc8779-46c3.4e66-g183-cf53d2261950
Wltness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envolope Sent Hashed/Encrypted 10/21/2021 2:09:22 PM
Certified Delivered Security Checked 10/22/2021 11:27:29 AM
Signing Complete Security Checked 10/26/2021 8:26:48 AM
Completed Security Checked 10/26/2021 8:25:49 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on;2/2/2016 3:08:67 PM
Parties agreed to:Michael R.Williams/jm,Robert 5turns,Gregory R.Anderson
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11/1/21,3:57 PM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoT+ H
DATE: 10/19/2021 REFERENCE M&C 21- LOG NAME: 17ARPA ALLOCATIONS UNTHSC
NO.: 0811 TECHSTARS
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT. (ALL)Approve Allocation of$2,400,000.00 in Funds from the American Rescue Plan Act
and Authorize Execution of an Interlocal Agreement with the University of North Texas
Health Science Center to Bring the TechStars Accelerator Program to Fort Worth
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the allocation of $2,400,000.00 from the American Rescue Plan Act, Subtitle M (Coronavirus State and
Local Fiscal Recovery Funds); and
2. Authorize the City Manager to enter into an interlocal agreement with the University of North Texas Health
Science Center to bring the TechStars Accelerator Program to Fort Worth.
DISCUSSION:
The City of Fort Worth, Tarrant County, and the University of North Texas Health Science Center (UNTHSC) have
identified a need to partner on the establishment of an Accelerator Services Program to address the disparities caused by
the pandemic in physical therapy services by developing businesses that deliver new therapies and technologies to better
the health outcomes for all residents of Tarrant County. In order to implement these efforts, Tarrant County is proposing to
engage in an interlocal agreement with UNTHSC utilizing $2,400,000.00 of American Rescue Plan Act (ARPA) funding in
support of establishing a three-year program for the Accelerator. Under the proposal, the city would also provide
$2,400,000.00 as match funding for the initiative.
The proposed accelerator program would be run by TechStars, which has a long history of growing and funding innovative
companies. This program, named the TechStars Future of Human Movement Accelerator, will facilitate the creation of a
startup accelerator program for up to ten (10) startup businesses. Goals of this program would be: 1) to address the need
for business development support for entities that have had product and technology development delayed due to the
COVID-19 pandemic; and 2) advancement of products, treatments, and technologies that will address disparities in the
delivery of Physical Therapy and Rehabilitation (PTR) services that were exacerbated by the pandemic.
Each Participant will locate to Fort Worth and participate in an intense, immersive, 3-month mentorship-driven accelerator
program and will work to mature their company and technology in the PTR medical field. Physical therapy and
rehabilitation are and will continue to be a key component of addressing the impact of"long COVID," particularly for those
patients who are required to be confined to a bed for extended periods of time. At the end of each class, the participants
will present their progress during a demonstration event to showcase their startups to the investor and entrepreneurial
community. TechStars will continue to work with class participants after program completion through an initial IPO and
provide lifetime portfolio management through their alumni network.
Upon execution of the Agreement, the City will make available a payment in the amount of$800,000.00 to UNTHSC from
the City's ARPA funds as a transfer of monies to UNTHSC for expenses related to eligible uses associated with the
TechStars Future of Human Movement Accelerator. A second payment of $1,600,000.00 will be provided to UNTHSC to
support operations in year two and three of the Accelerator program for a total amount of$2,400,000.00.
Allocation of ARPA Subtitle M Funding
Responding to the negative health and economic impacts of the coronavirus pandemic is a specifically identified use of
ARPA dollars under Section 603(c)(1)(A) of Title VI of the Social Security Act (added by ARPA). Treasury Department
guidance specifically notes that these Fiscal Recovery Funds can be deployed for a broad range of uses to mitigate the
effects of COVID-19 on local residents and accelerate the community's recovery from the pandemic. The intended
outcomes of this program will be to deliver new technologies, treatments, and therapies for musculoskeletal conditions.
Support for an Accelerator program was also determined to be a qualified priority by City Management for ARPA funding
as approved by the City Council in Mayor& Council Communication (M&C) 21-0445 on June 22, 2021. ARPA funds must
be committed by the end of 2024 and spent by the end of 2026.
Approval of this M&C will allocate $800,000.00 for FY2022 and $1,600,000.00 for FY2023 in the American Rescue Plan
Act project in the Grants Operating Federal Fund budget. Necessary reporting and documentation requirements will be
followed to ensure the City can comply with all reporting requirements of the ARPA legislation.
apps.cfwnet.org/council_packet/mc_review.asp?ID=29359&councildate=10/19/2021 1/2
11/1/21,3:57 PM M&C Review
The following chart reflects the current status for allocation of the City's ARPA funding under Subtitle M and incorporates
each ARPA M&C on the October 19, 2021 Council Agenda:
IM&C's
Total CFW ARPA Subtitle M $173,745,090.00 21-0445
Funding
Allocations Approved To-Date $6,000,000.00 25ARPA-VFW-TDG
$1,000,000.00 13ARPA-ADMINISTRATION
Fending Allocation
Pending Allocation $10,100,000.00 19ARPA ALLOCATIONS TO HOUSING AND HUMAN
SERVICES PROJECTS
Pending Allocation $300,000.00 25ARPA-WRMC MURAL PLAQUES
Pending Allocation $4,245,533.42 17ARPA ALLOCATIONS EVANS & ROSEDALE
REDEVELOPMENT
Pending Allocation $3,000,000.00 17 ARPA CDFI FRIENDLY AMERICA
Pending Allocation $2,400,000.00 17ARPA ALLOCATIONS UNTHSC TECHSTARS (This M&C)
Remaining Unallocated $146,699,556.58
Balance
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, funds are available in the current
operating budget, as appropriated, of the Grants Operating Federal Fund. The Economic Development Department shall
be responsible for ensuring that only expenditures allowable under the American Recovery Plan Act are charged to this
funding source.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
T
Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Jay Chapa (5804)
Originating Department Head: Robert Sturns (2663)
Additional Information Contact: Robert Sturns (2663)
ATTACHMENTS
apps.cfwnet.org/council_packet/mc_review.asp?ID=29359&councildate=10/19/2021 2/2