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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: Page 2 . 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: Page I of3 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 Page 2 of3 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: Page 3 of3