2017-185S:\Legal\Our Documents\Ordinances\17\Employ 2 Empower Ordinance. docx
ORDINANCE NO. 2017-185
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF DENTON, TEXAS ("CITY") AND DENTON
ASSISTANCE CENTER, INC. D/B/A SERVE DENTON ("SERVE DENTON") TO
IMPLEMENT EMPLOY TO EMPOWER, DENTON'S EMPLOYMENT EMPOWERMENT
PROGRAM FOR PERSONS EXPERIENCING HOMELESSNESS; PROVIDING FOR THE
EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Denton City Council expressed an interest in pursuing a program similar
to Albuquerque's "There's a Better Way" program that creates employment opportunities for the
homeless; and
WHEREAS, a group of local nonprofits came together and reviewed similar projects
offered in Albuquerque, Amarillo, and Denver, and drafted a proposal to the Denton City Council
for a pilot project called "Employ to Empower;" and
WHEREAS, this project will help the literally homeless gain the skills, experience and
confidence needed to find living -wage jobs by providing training and experience to develop soft
skills, providing a job, and connecting people to long-term employment opportunities; and
WHEREAS, City staff was directed to proceed with the "Employ to Empower" pilot
project, propose contributions by all parties, provide $42,000.00 in funding, and identify and
coordinate work projects; 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
Memorandum of Understanding between the City and Serve Denton attached hereto, on behalf of
the City, including authorizing the expenditure of funds, and is further authorized to carry out the
rights and duties of the City under the Memorandum of Understanding.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this theday o m t. � �� � , 2017
"^w
CHRIS WATTS, MAYOR
s:\legal\our documents\ordinances\17\employ 2 empower ordinance.docX
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: �..�m....
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY �,��
Page 2
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF DENTON,1;
EMPLOY
1 EMPOWER
HOMELESSNESSDENTON'S EMPLOYMENT EMPOWERMENT PROGRAM FOR PERSONS
EXPERIENCING
STATE OF TEXAS
COUNTY OF DENTON §
This Memorandum of Understanding, made this _ day of, 2017, by and
between the City of Denton, A Texas municipal corporation, w Its principal office at 215 East
McKinney Street, Denton, Denton County, Texas 76201, herciriaftex° called "City" and Denton
Assistance Center, Inc. d/b/a Serve Denton, a 5016 organization with an office at 1980 East
University Drive, Denton, Texas 76209, hereinafter called "Serve Denton," acting herein, by and
through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually agree as follows:
'11 1
There is growing recognition that homelessness is a significant issue in our community. The
number of homeless will continue to increase and the costs to the community will continue to
mount unless immediate action is taken.
Employment empowers people experiencing homelessness. Meaningful and sustainable
employment is a key component to creating and maintaining housing stability. However,
individuals experiencing homelessness face obstacles to finding and maintaining employment.
Connecting them with job training and placement programs is critical to ensure they have the
tools needed to exit homelessness and for long-term stability.
This program will help the literally homeless gain the skills, experience and confidence needed
to find living -wage jobs.
I, Help people develop a job history.
2, Provide training and experience to develop soft skills.
3.. Connect people to long-term employment opportunities.
Denton City Council members expressed interest in pursuing a similar program to Albuquerque,
New Mexico's program called "There's a Better Way". City staff were asked for ideas how to
implement a program that creates employment opportunities for the homeless in Denton. In
November, 2016 a planning group of city staff and local nonprofits was assigned the task to r,, a
project proposal and identify level of interest for implementation from other community
partners.
The group met regularly through January 2017 making final recommendations to City Council
for a program called Employ 2 Empower. The program sought $42,000 in funding to be
leveraged with cost sharing options through in-kind service delivery through multiple partner
agencies.
This Memorandum of Understanding (MOU) between the City and Serve Denton regards the
implementation of a homeless employment initiative known as Employ 2 Empower (the
"Program") under which Serve Denton will employ literally homeless persons (the
"Participants").
119-00-TIMNOVIINVIMi
The City of Denton, Texas Contribution
The City will provide a one-time contribution to fund, in part, the Program,
Barbara Ross, Community Development Manager, will serve as the key staff contact to oversee
the City's contribution,
The City agrees to:
1, Fund a total of $42,000 to be used by Serve Denton to employ Participants in t
Program. Participants in the Program are expected to work 2 days a week, for
period not to exceed six months. The City and Serve Denton agree that Participan
will serve as at -will employees of Serve Denton, and nothing in this Agreement sh
be construed to create a right of any Participant to employment with Serve Dento
the City, or any other entity or person. The funding from the City is expected
support the wages and administrative costs for 4,000 man-hours of labor for around
10 employees,
1 The above contemplated amount will be paid pursuant to a payment schedule: Pay 0
Serve Denton $21,000 to be funded from FY 2017 payable in June 2017 and $21,0
to be funded from FY 2018 payable in October 2017.
11
3. Work with Serve Denton's lead staff to approve outputs and outcomes associated with
this initiative.
4. Notify the City Council, Denton County Homeless Coalition and the United Way of any
related activities addressing homelessness so as not to duplicate efforts.
5. Identify City department lead staff who can provide weekly job projects for
Participants in the Program.
Serve Denton will serve as the manager and supervisor of the Program. Serve Denton will
receive City funds and seek input from other community partners concerning Serve Denton's
cmployment of Participants. The City and Serve Denton agree that all decisions concerning
hiring, termination, employee discipline, work schedules, or any other decision requiring the
exercise of employer discretion will be made by Serve Denton alone.
Danita Summers will serve as the key staff contact for Serve Denton concerning the management
of the Program.
MMMi- _r
1. As the project manager and legal employer, receive City funds to administer the
Program and pay Participants.
2. Provide an resources administrative services to handle employee processing and
pay wages for hours worked to Participants in the Program.
3. Spend no more than $ 6,000 of the funds provided by the City on its administrative
costs.
4. Work with the Employ 2 Empower Steering Committee and pilot project partners to
identify and update outputs and outcomes associated with this initiative.
5. Ensure that Employ to Empower Steering Committee and pilot project partners
provide regular reports to the City on the progress toward agreed upon outputs and
outcomes.
The Program is designed to help the literally homeless gain the skills, experience and confidence
needed to find living -wage jobs. The following services will be provided by Serve Denton, or
their contractors, as part of this program.
I Within the period of this Agreement, provide training and experience to at least ten
Participants in order to develop job and soft skills.
2. Coordinate with the City to identify work requirements and determine a work
schedule for the persons in this program.
3. Help the persons in this program develop ajob history.
11
4. Connect graduates of this program to long-term employment opportunities.
5. The City and Serve Denton agree that Participants will only pick up litter in mow
open areas along main thoroughfares and city parks, paint park restrooms, paint tra
cans, or paint playground equipment.
6. The City and Serve Denton agree that at no time will any Participant ♦operate a
l
electric or gasoline powered tool or equipment, use a ladder of any height, or work
areas not previously mowed on a monthly basis.
7. Serve Denton agrees to provide appropriate safety equipment including reflecti
vests, eye protection, gloves, work boots, sun hats, sunscreen, water, and handhe
tools as Serve Denton, in its sole discretion, deems appropriate.
This MOU will be executed upon signature of both parties and will apply for the period of
June 1, 2017 to May 31, 2018.
This MOU may be modified, altered, or revised, by mutual written consent of all parties, by the
issuance of a written amendment, signed and dated by all the parties.
In consideration of the receipt of funds from the City, Serve Denton agrees to the following
terms and c1n4itions.
I The City shall not be obligated or liable under this Agreement to any party other than
Serve Denton for payment of any monies or provision of any goods or services.
2. All expenditures of these funds shall be those in accordance with the scope of
services as provided herein and shall not utilize these funds for any other purpose.
3. Serve Denton will establish, operate, and maintain an account system for this
program that will allow for a tracing of funds and a review of the financial status of
the program. The system will be based on generally accepted accounting principles
as recognized by the American Institute of Certified Public Accountants.
4. Serve Denton will maintain financial records that will provide accurate, current,
separate, and complete disclosure of the status of the funds received under this
Agreement, and permit authorized officials of the City to review these records at any
time.
5. Serve Denton will not enter into any contracts that would encumber funds provided
by the City for a period that would extend beyond the term of this Agreement.
6. Serve Denton will appoint a representative who will be available to meet with City
officials when requested.
7. Serve Denton will permit authorized official from the City to carry out monitoring
andevaluation of Serve Denton's activities to ensure adherence to the Scope of
Services, and Program Goals and Objectives.
8. Serve Denton will submit performance/beneficiary reports on a quarterly basis to the
City, to include information such as: number of persons assisted, training provided;
El
majornumber of persons transitioned to permanent employment; and explanation of any
. program
VURI 1 tAW-rel l
a combined single limits of not less than $1,000,000. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and umbrella
or excess policies. Said General Liability shall provide coverage for:
a. premises, operations;
i products, and completed operations;
c. independent contractors;
insuranced. contractual liability covering this contract; and
e. broad forrn property damage coverage.
Serve Denton shall be required to purchase and maintain Workers' Compensation
addition 1 meeting the minimum statutory requirements 1
of Employer's ,i of ,t $100,000 for each accident,
$100,000 per each i 1 ` $500,000 policy 1 occupational disease.
DentonCity need not be named as an "Additional Insured" but the insurer shall agree to waive all
rights of subrogation against the City, its officials, agents, employees and volunteers for
any work performed for the City by the Named Insured.
3. Serve . be required to purchase and maintain CommercialAutomobile
Liability,nce with Combined Singleof not. 00 00r either
in a single policy or in a combinationof basic and umbrella or excess policies. policy
will include bodily injury and property damage liability arising out of the operation,
maintenance and use of all automobiles and mobile equipment used in conjunction with
this contract, and shall provide coverage for any auto, or all owned, hired, and non -owned
R'utos.
! Serve Denton will maintain adequate fj continuous automobile li,.... ! on all
coursevehicles owned, leased or operated for this program. Additionally, all employees and
contractors of Serve Denton who are required to drive a vehicle in the normal scope and
1: this program possess a valid Texas driver'sautomobile
lossesliability insurance. Evidence of the employee's current possession of a valid license and
insurance must be maintained on a current basis in Serve Denton's files.
5Actual 1 covered by as required by 1n are not allowable c1
under+ and remain the solei1 i of Denton.
4 policy or policies of insurance. + , clause which requires, Gfi
priorServe Denton be notified in writing of any cancellation of change in the policy at least 3C
days 1 such change or , f
W
T Any general liability or automobile insurance policies shall name the City of Denton
an Additional Insured.
and agents against any and all claims, demands and lawsuits, and shall pay all costs and
attorney's fees incurred in the defense thereof, for any injury to persons or premises damage,
including claims of Serve Denton employees, agents and invitees allegedly resulting from any
act, incident, or accident arising from this program, except for those acts, incidents, or accidents
arising from the gross negligence or willful misconduct of the City. The City and its employees
and agents are not liable to Serve Denton employees, agents, invitees, or any other persons for
any injury to any of those persons or for any damage to personal property caused by an act,
omission, or neglect.
It is expressly intended that any Participants in the Program working on job projects identified by
the City for the Program are not employees of the City and shall not be entitled to any benefits
from the City, including workers' compensation coverage. Additionally, Serve Denton expressly
releases, waives, and indemnifies the City for any claims by its employees in the Employ 2
Empower program for workers' compensation or related benefits, and shall cause it workers'
compensation insurance carrier to provide a Waiver of Subrogation in favor of the City.
Serve Denton shall provide services to the City as independent contractors, not as employees of
the City. Serve Denton shall not have or claim any right arising from employee status.
parulers friolin Verfruers, *l- L190 111U&C +Itc all Ug011llor r7,O'l*OSCllLaMO:V1 UIC 411101-) *1- L19; U1111014,Ral
rights to any third it other than as expressly provided herein.
FAII 101 11 V V 111AN V U039F.1,11211
The parties may agree to settle any disputes under this Agreement by submitting the dispute to
mediation. No mediation arising out of or relating to this Agreement may proceed without the
agreement of both parties to submit the dispute to mediation. The location for the mediation
shall be the City of Denton, Denton County, Texas unless a different location is agreed
I V 04 11140 1 11MIN 9 UJIMUM."T"! �-�
Notwithstanding any other provision of this Agreement, either party may, for reasons speciflei
below, terminate by giving thirty (3 0) days' advance written notice to the other party.
0
This Agreement may be terminated in whole or in part in the event of either party substantially
failing to fulfill its obligations under this Agreement. No such termination will be affected
unless the other party is given (1) written notice (delivered by certified mail, return receipt
requested) of intent to terminate and setting forth the reasons specifying the non-performance,
2.nd not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for
consultation with the terminating party prior to termination.
If the Agreement is terminated prior to completion of the services to be provided hereunder,
Serve Denton shall immediately cease all services and shall render a final bill for services to the
City within thirty (30) days after the date of termination. The City shall pay Serve Denton for all
services properly rendered and satisfactorily performed and for reimbursable expenses incurred
prior to the date of termination, in accordance with "Compensation." Should the City subsequently
contract with a third party for the continuation of services on the Program, the third party and
Serve Denton shall n cooperate in providing information. Serve D` II shall turn over all
documents prepared or furnished by Serve Denton pursuant to this Agreement to the City on or
before the date of termination, but may maintain copies of such documents for its use. Serve
Denton shall refund to City any excess payment for services that were not rendered within ten
working days of the City's request. This includes any sum of money which has been paid by the
City and which the City at any time thereafter determines: has resulted in overpayment to Serve
Denton; or has not been spent strictly in accordance with the terms of this Agreement; or is not
supported by adequate documentation to fully justify the expenditure,
Approval by the City shall not constitute, nor be deemed a release of the responsibility and
liability of Serve Denton, its employees, associates, agents, subcontractors, and sub Partners for
the accuracy and competency of their designs or other work; nor shall such approval be deemed to
be an assumption of such responsibility by the City for any defect in the design or other work
prepared by Serve Denton its employees, subcontractors, agents, and Partners. Serve Denton
retains responsibility and liability at all times during this Agreement and after completion of this
Agreement.
milftlla W
All notices, communications, and reports required or permitted under this Agreement shall b(w
personally delivered or mailed to the respective parties by depositing same in the United States
mail to the address shown below, certified mail, return receipt requested, unless 1
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To SERVE DENTON: Denton Assistance Center, Inc. d/b/a Serve Denton
1980 East University Drive
Denton, Texas 76209
0
To- CITY. City of Denton
Barbara Ross
INEMM.
1 wig I IF -9J I M m4rumasymi I
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or
within three (3) days' mailing.
0 WYN J'A 013 1 a V
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be
invalid or unenforceable, it shall be considered severable from the remainder of this Agreement
and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall
reform this Agreement to replace such stricken provision with a valid and enforceable provision
which comes as close as possible to expressing the intention of the stricken provision.
Serve Denton shall comply with all federal, state, and local laws, rules, regulations, and
ordinances applicable to the work covered hereunder as they may now read or hereinafter be
amended.
Serve Denton covenants and agrees that its officers, employees, and agents have no interest, and
will acquire no interest, including personal financial interest, either directly or indirectly, which
will conflict in any manner with the performance of the services called for under this Agreement.
No officer or employee of the City shall have a financial interest, direct or indirect, in any
contract with the City, or be financially interested, directly or indirectly, in the sale to the City of
any land, materials, supplies or services, except on behalf of the City or in compliance with the
provisions of the City of Denton's Personnel Policies and Procedures Manual. Any violation of
this provision shall render this Agreement voidable at the discretion of the City.
Serve Denton represents that it has or will secure, at its own expense, all personnel required to
f1 )--W7I &RII ;r*t or
officers of, or have any contractual relations with the City. Serve Denton shall inform the City of
any conflict of interest or potential conflict of interest that may arise during the term of this
Agreement.
0
All services required hereunder will be performed by Serve Denton. All personnel engaged in
work shall be qualified, and shall be authorized and permitted under state and local laws to
perform such services.
In those instances deemed necessary by the City, Serve Denton shall conduct background checks
on Participants
BOL � - , "
..... ..... C CTI-,T-fU♦-- I -
transfer any of its scope of services under this Agreement (whether by assignment, novation, or
otherwise) without the prior written consent of the City, and such consent will not be
unreasonably withheld or delayed. Should Serve Denton assign any part of the monies due under
this Agreement, Serve Denton is required to provide written notice of the same to City. Any
assignment of monies due under this Agreement shall not change any of the terms or conditions
of this Agreement to include but not limited to the terms and conditions for payment under this
Agreement.
No waiver or modification of this Agreement or of any covenant, condition, or limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith,
and no evidence of any waiver or modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, and unless such waiver or modification is in writing and
duly executed; and the parties further agree that the provisions of this section will not be waived
unless as set forth herein.
This Agreement shall be governed by the laws of the State of Texas, venue and jurisdiction of
any suit or cause of action arising under this Agreement shall lie exclusively in a court of
competent jurisdiction sitting in Denton County, Texas.
The City shall have the right to audit and make copies of the books, records and computations
pertaining to this Agreement. Serve Denton shall retain such books, records, documents and
other evidence pertaining to this Agreement during the contract period and five (5) years
thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case
records shall be kept until all audit tasks are completed and resolved. These books, records,
documents and is evidence shall be available, within 10 business days of written request.
Further, the Serve Denton shall also require all Subcontractors, material suppliers, and other
payees to retain all books, records, documents and other evidence pertaining to this Agreement,
and to allow the City similar access to those documents. All books and records will be made
available within a 50 mile radius of the City of Denton. The cost 1f the audit will be borne by fl-po
City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or
greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by
Serve Denton, which must be payable within five business days of receipt of an invoice. Failure
to comply with the provisions of this section shall be a material breach of this contract and shall
constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms
"books" "records" "documents" and "other evidence" as used above shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
SIGNATURES
Todd Hileman, City Manager
City of Denton
Date
Denton Assistance Center, Inc. d/b/iiN Serve Denton
By: Karen K. Martin
Title: Executive Director
City
City Attorney
Date
10