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Home My WebLink AboutContract 39724-A1 CITY SECRETARY AMENDMENT NO. 1 TO CONTRACT NO. 39 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 $665,000.00; (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), 81st 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 oft , and agree as follows: OFFICIAL RECORD CITY SECRETARY Page I ' FT WORTH, 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-1", 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. 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 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 from 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 LTNTHSC 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. 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 EXECUTED as of the last date indicated below: CITY OF FORT WORTH: UNIVERSITY ,, F NORTH TEXAS HEALTH SC CE CENTER: Susan Ptlanl's Cott Ransom Assistant City Manager President Date: del l j(� Date: APPROVED AS TO FORM AND LEGALITY: By: Peter Vaky Assistant City Attorney M&C: C-2` , 03 9-/ 7-/0 Attested bye 000O000% 0 o ¢ 0 4 Marty Hendrix, Ci Secretary � 0o 4 000000 009 4� OFFICIAL FICIAL RECORD CITY SECRETARY Page 4 FT WORTH., 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 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. 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 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/17/2010 DATE: Tuesday,August 17, 2010 REFERENCE NO.: C-24403 LOG NAME: 17UNTHSC—BAC 10 SUBJECT: 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$665,000.00(COUNCIL DISTRICT 8) RECOMMENDATION: DISCUSSION: FISCAL INFORMATION: FUND CENTERS: TO Fund/Account/Centers FROM Fund/AccounVCenters CERTIFICATIONS: Submitted for City Manager's Office by: Thomas Higgins (6140) Originating Department Head: Jay Chapa (6192) Additional Information Contact: Ossana Hermosillo (212-2665) ATTACHMENTS 1. 17UNTHSC Funding Agreement.Amd l.doc Ii UNIVERSITY of NORTH T ExAS HEALTH SCIENCE CENTER at Fort Worth Education,Research, Patient Care and Service Technology Transfer C7 Conunercialization November 10, 2010 - - Jay Chapa Housing& Economic Development 1000 Throckmorton Fort Worth, 76102 Re: Amendment to the Research and Technology Development Project Agreement UNTHSC #AMD-11-10-1010 Dear Mr. Chapa, Enclosed you will find two (2)partially executed copies of an Amendment to the Research and Technology Development Project Agreement between the City of Fort Worth and the University of North Texas Health Science Center at Fort Worth. After execution, please return one original to our office and retain the other for the City's records. Don't hesitate to contact us if you have any questions or need any assistance. Sincerely, y tk Darlene McMillin Executive Assistant Office of Technology Transfer&Commercialization University of North Texas Health Science Center 3400 Camp Bowie Blvd.,CBH-207 Fort Worth,TX 76107-2699 /dm Enclosure 7enc l:ollege of Usu'npathii,�Ia Lcine • lin�lua['School nl 13ion� atl$nnu es School of l'uhhc l lcalth . School of l lcalth l'rolrssions • l lcahh bwituto of Tern,` • l NT l lealth 3500 Camp Bowie Boulevard,Fart Werth,Texas 76107.2699 . 817.735.2000 An EEOIAth, a—Anion In,mmnon