2006-111
S:\Our Documcnts\Ordinances\06\UNT MOlJ- Research Projects.doc
ORDINANCE NO. -2 tJ06- / / /
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE AN
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOD)
BETWEEN THE CITY DENTON AND THE UNIVERSITY OF NORTH TEXAS
DATED MAY I, 2003 TO EXTEND THE TERMS OF THE MOD FOR AN
ADDITIONAL THREE YEAR TERM; SAID MOD PROVIDING FOR
COLLABORATIVE RESEARCH PROJECTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, on May 1, 2003 the City of Denton and the University of North
Texas ("UNT") entered into that certain Memorandum of Understanding providing for
collaborative research projects related to water, wastewater, and mosquito
assessment/control (the "MOU"); and
WHEREAS, the City and UNT desire to enter into an Amendment to the MOU in
substantially the same form as the Amendment attached hereto and made a part hereof as
Exhibit A (the "Amendment"); and
WHEREAS, the City Council finds that the Amendment is in the public interest;
NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute
the Amendment on behalf of the City and make the expenditure of funds and carry out
the rights and duties of the City under the Amendment.
SECTION 3. This ordinance shall become effective immediately upon its
passage and approval.
n<< C/I/
PASSED AND APPROVED this the 2 - day of / L f<j- , 2006.
C~~dL
EDLINE BROCK, MAYOR
ATTEST:
JENNIFER WALTE S, CITY SECRETARY
L/
Page 1
APPROVED AS TO LEGAL FORM:
EDWIN M. S ER, CITY ATTORNEY
BY:
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.
MEMORANDUM OF UNDERSTANDING
Amendment No. I
The Memorandum of Understanding ("MOD") made and entered into on May 1,2003 by
and between the City of Denton, Texas, a Texas home rule municipal corporation (the "City")
and the University of North Texas, a state university ("UNT") is hereby amended by the mutual
agreement of the parties as follows:
The preamble and Agreement are changed to delete all references to UNT's Institute of
Applied Sciences (IAS) and to replace with UNT.
Paragraph 6 is hereby amended to extend the tern1 of this agreement for an additional
three years and shall read:
6. Terms and Termination. This MOU shall commence on the effective date hereof (May
1,2003) and shall continue in full force and effect for a period of six (6) years. Either party may
terminate the agreement at any time by giving not less than thirty (30) days advance written
notice to the other party. Termination or cancellation shall not affect the rights and obligations
of the parties accrued prior to termination. The City shall be liable for all expenses incurred and
all non-cancelable commitments made prior to UNT's receipt of the notice of termination and
shall pay UNT for same within thirty (30) days of final invoice. On receipt of payment in full for
work performed, UNT shall deliver the results of all previously unreported work in such form as
it exists.
Paragraph 7 is hereby amended to correct the UNT and City of Denton mailing addresses,
and shall read:
7. Payment. For the services for projects including counsel, reports, and other items
delivered hereunder, City shall pay UNT on a cost-reimbursable basis in an amount not to exceed
$25,000 per Statement of Work, not to exceed a total of $100,000 per year. In the performance
of work under this MOU, UNT agrees to expend funds in accordance with the budget established
for each specific Statement of Work issued under this MOU.
UNT shall submit monthly invoices to the City within thirty (30) days for costs incurred
during the preceding period for each Statement of Work. All invoices shall be sent to:
City of Denton! Attention Ken Banks
901-A Texas Street
Denton, Texas 76209
The City agrees to reimburse UNT for the costs billed within thirty (30) days of receipt of
invoice. All payments shall be sent to:
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Office of Research Services
University of North Texas
P.O. Box 305250
Denton, Texas 76203-5250
Paragraph II is hereby amended to read:
11. Notices. All notices or other communications required or permitted under this Agreement
given by either party to the other shall be in writing and shall be sent by and addressed to the
following individuals:
For UNT:
For City:
Kristi Lemmon
Director of Sponsored Proiccts
Officc of Research Services
University of North Texas
P.O. Box 305250
Dcnton, Texas 76203
Icmmonlalunt.cdu
940.565.3940 (voice)
940.565.4277 (fax)
City Manager, City of Dcnton
City Hall
60 I E. McKinncy
Dcnton, Tcxas 76201
940.349.8596 (fax)
All other provisions rcmain unchanged and in effect.
IN WITNESS WHEREOF, the parties have exccuted this modification to be effective this the 151
day of May, 2006.
UNIVERSITY OF NORTH TEXAS
By: ~~;. I~~)~
Vice President for Finance
and Business Affairs
Date: Af /z.f/()t
, I
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I,
"
CITY OF DENTON, TEXAS
By: A
Howard Martin, Interi City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: {)M IlJe!UJAdufl/ iJh/;.
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER CITY ATTORNEY
By:
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