20-1559ORDINANCE NO.20-1559
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY
OF DENTON AND UNITED WAY OF DENTON COUNTY, INC. PROVIDING FOR THE
EXPENDITURE OF FUNDS IN THE AMOUNT OF $40,000 FOR A GRANT TO FUND THE
BARRIERS FUND FOR THE PREVENTION AND DIVERSION OF HOMELESSNESS IN
FURTHERANCE OF THE COORDINATED SYSTEM OF HOMELESS ASSISTANCE
PROGRAMS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the “City”) and the United Way of Denton County, Inc.
(“United Way”) have entered into an agreement to provide for a coordinated system of homeless
assistance programs (the “Programs”) to reduce homelessness in the City; and
WHEREAS, the City and the United Way desire to enter into a separate agreement to
provide City funding to the Barriers Fund administered by the United Way to assist with the
prevention and diversion of homelessness and strengthen the housing crisis response system; and
WHEREAS, City has adopted a budget for such funds and included therein an authorized
budget for expenditure of funds; and
WHEREAS, the City Council of the City of Denton hereby finds that the MOU between
the City and United Way, attached hereto and made a part hereof by reference serves a municipal
and public purpose, is in the public interest, and of a benefit to the citizens of the City of Denton;
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 with the United Way and to carry out the duties and
responsibilities of the City under the MOU, including the expenditure of funds as provided for
therein
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made b
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the ordinance was passed and approved by the
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Page 1
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the 6th day of aL+ok)+x , 2020.
CHRIS WATTS, MAYOR
Gerard Hudspeth, Mayor Pro Tem
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
2020 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF DENTON AND
THE UNITED WAY OF DENTON COUNTY, INC.
BARRIERS FUND
STATE OF TEXAS §
§
§COUNTY OF DENTON
The City of Denton, a Texas municipal corporation, with its principal office at 215 East McKinney
Street, Denton, Denton County, Texas 76201, hereinafter called "City" and the United Way of
Denton County, a 501(c)(3) organization with an office at 1314 Teasley Lane, Denton, Texas
76205, hereinafter called "United Way," acting herein by and through their duly authorized
representatives, enter into this Memorandum of Understanding (“MOU”) on this eday of 0 Q+nba-
2020
ARTICLE I
RESPONSIBILITIES OF THE CITY OF DENTON
The Community Services Manager will serve as the key staff position for the City to oversee this
Memorandum of Understanding for the Barriers Fund. The City of Denton agrees to:
1.
2.
3.
4.
Fund the Barriers Fund in the amount of $40,000 annually for the term of this MOU. The
United Way may request the City release funds into to the Barriers Fund upon execution
of this agreement.
Work with the United Way to lead staff and partners in identifying and updating outputs
and outcomes associated with the Barriers Fund and related fundraising campaign(s).
Assist with marketing and communicating the matching grant opportunity and the Barriers
Fund
Provide guidance and technical support to the United Way in relation to the homeless data
system and information collected by the City.
ARTICLE II
RESPONSIBILITIES OF UNITED WAY OF DENTON COUNTY
United Way Director of Homelessness Initiatives will serve as the key staff position for United
Way to oversee the Barriers Fund matching grant. The United Way agrees to:
1
2
3
Serve as fiscal administrator for the Barriers Fund
Direct the fundraising efforts necessary to adequately support the Barriers Fund
fundraising goals including but not limited to partnerships and community funding
sources .
Continue to support a volunteer Barriers Fund Committee comprised of community
partners who approve all requests from eligible community partners in support of eligible
1
activities for eligible clients as adopted and set forth by the Denton County Homeless
Coalition (DCHC) workgroup.
Participate in ongoing evaluation of outputs and outcomes to examine the need for
improvements. As needed, make course corrections in a timely manner to ensure outcomes
are met.
Provide the City Manager or their designee with quarterly reports that include: a) budget
spreadsheet, and c) funding distribution report.
Ensure that all published materials to market the matching grant are co-branded with “City
of Denton.”
4.
5.
6.
ARTICLE III
OUTPUTS AND OUTCOMES
Utilize the Barriers Funds to promote housing stability and promote self-sufficiency for
families in Denton.
•Outcome: Fundraise for the Barriers Fund. Output: Increase Barriers Fund resources in
collaboration with community partners; United Way will report:
o Number – Actual Dollars Raised and Matched over the term of the MOU
o Number – Campaigns (paid advertisements, social media posts, direct mail letters
distributed, etc.)
Outcome: Seek to increase funding support from other local City and county government
sources for Barriers Fund. Output: Provide reports, presentations, and resources as
requested. United Way will report number of contacts and presentations.
Outcome: Implement Barriers Fund. Output: Provide 100% of City Matching Barriers
Fund financial resources in collaboration with eligible community partners in support of
activities that promote housing stability for eligible clients; United Way will report:
o Number – requests/Assisted/Denied
o Amount by expenditure category
Outcome: Support DCHC’s Barriers Fund Committee. Output: Provide monthly Barriers
Fund Financial reports to DCHC Workgroup and DCHLT and Maintain a current list of
Committee Members
•
•
•
ARTICLE IV
NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms of
this MOU shall be deemed to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt
requested, or via electronic mail, hand-delivery or facsimile, addressed or sent to United Way or
the City, as the case may be, at the following addresses:
2
CITY UNITED WAY
City of Denton, Texas
AHn: City Manager
215 E. McKinney
Denton, TX 76201
Todd .Hi Ielnana&cjtyofdenton.com
United Way
AHn: President and CEO
1314 Teasley Lane
Denton, Texas 76205
gary @!united wa\.'denton.org
Either party may change its mailing address by sending notice of change of address to the other at
the above address by certified mail, return receipt requested.
ARTICLE V
NO ASSIGNMENT
This MOU is solely between the parties and cannot be assigned to another party without the
express advance written approval of the non-assigning party.
ARTICLE VI
MODIFICATION OF AGREEMENT
No modification of this MOU shall be effective unless it is in writing and signed by both parties
to the MOU.
ARTICLE VII
TERMINATION OF AGREEMENT
Notwithstanding any other provision of this MOU, either party may, for reasons specified below,
terminate by giving thirty (30) days’ advance written notice to the other party.
This MOU may be terminated in whole or in part in the event of either party substantially failing
to fulfill its obligations under this MOU. No such termination will be affected unless the other
party is given (1) written notice (in accordance with Article IV herein) of intent to terminate and
setting forth the reasons specifying the non-performance, and 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 MOU is terminated prior to completion of the services to be provided hereunder, United
Way 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. Should the City subsequently contract with a third
party for the continuation of services, the third party and United Way shall cooperate in providing
information. United Way shall turn over all documents prepared or furnished by United Way
pursuant to this MOU to the City on or before the date of termination but may maintain copies of
such documents for its use. United Way 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
3
which has been paid by the City and which the City at any time thereafter determines: has resulted
in overpayment to United Way; or has not been spent strictly in accordance with the terms of this
MOU; or is not supported by adequate documentation to fully justify the expenditure.
ARTICLE VIII
GOVERNING LAW AND VENUE
This MOU is subject to, governed by, and shall be construed under the laws of the State of
Texas. Venue of any suit or cause of action arising under this MOU shall be exclusively in
Denton County, Texas.
ARTICLE IX
SEVERABILITY
If any provision of this MOU 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 MOU and shall not
cause the remainder of this MOU to be invalid or unenforceable. In such event, the parties shall
reform this MOU to replace such stricken provision with a valid and enforceable provision which
comes as close as possible to expressing the intention of the parties hereto respecting the stricken
provlslon .
ARTICLE X
TERM OF AGREEMENT
To the extent allowed by state law, this MOU shall be effective from October 1, 2020 and
shall remain in full force and effect until September 30, 2021 unless sooner terminated
because funding is no longer available or in accordance with Article VII “Termination of
Agreement.”
IN WITNESS WHEREOF, the City and the United Way have executed this MOU in dupIicate
original counterparts, the City acting by and through its duly-authorized City Manager, and
United Way acting by and through its duly-authorized undersigned officer on this the
day of C,ICtob ec , 2020.
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ATTEST:
ROSA RIOS, CITY SECRETARY
BY:ah 'Z _Z?a_,p,
APPROVED AS TO LEGAL FORM:
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
bWr g
Community Services Manager
Title
Community Development
Department
a q/ 27/20Date Signed