21-2193ORDINANCE NO.
21-2193
AN ORDINANCE OF THE CITY OF DENTON DELEGATING AUTHORITY TO THE CITY
MANAGER TO ADMINISTER COUNCIL CONTINGENCY FUND SPENDING
AGREEMENTS IN ACCORDANCE WITH THE PROCEDURE SET FORTH HEREIN, AND
TO EXECUTE SAID AGREEMENTS; PROVIDING FOR THE EXPENDITC_]RE Of
COUNCIL CONTINGENCY FUNDS IN ACCORDANCE WITH THE PROCEDURE SET
FORTH HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton budget includes contingency funds for the members of
the City Council to make contributions to organizations that serve a public purpose; and
WHEREAS, the City Council desires to delegate the authority to review such
contributions and execute any related agreements to the City Manager, or their designee; and
WHEREAS, the City of Denton supports non-profit organizations that strive to make the
City a better place by providing services in the public interest; and
WHEREAS, the City Council of the City of Denton hereby finds that the procedure and
delegation of authority set forth in this Ordinance will provide the City Manager, or their
designee, the ability to administer the contingency fund contributions, and that such
contributions serve a municipal and public purpose and is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. Each member of the City Council may make contributions of contingency
funds to organizations that meet the parameters as laid out in Section 3 of up to $1700.00 per
year.
SECTION 3. The members of the City Council may elect to provide such funding to
entities that meet the following parameters:
(i) the organization is a non-profit entity that meets the City's requirements;
and
(ii) the organization serves a public purpose; and
(iii) the funding of such organization by the City is in the public interest.
SECTION 4. The members of the City Council may make an application to the City
Manager, or their designee, for a contribution of contingency funds to an entity by providing the
following information:
(i) the legal name of the organization; and
(ii) the amount of funds to be contributed (which shall not be less than
$250.00 per application); and
(iii) information about the purpose and activities of the organization and its
public purpose; and
(iv) why funding such organization by the City would be in the public interest.
The City Manager, or their designee, will review the provided information and determine
if the request meets the parameters laid out in Section 3 of this Ordinance.
The City Manager, or their designee, will maintain records as to the amount of funds
distributed on behalf of each member of the City Council and ensure that any new request would
not exceed a maximum of $1,700.00 per member of the City Council per Fiscal Year.
SECTION 5. Upon determining that the proposed contribution meets the parameters laid
out in Section 3 of this Ordinance, the City Manager, or their designee, is hereby authorized to
execute a Council Contingency Fund Agreement (the "Agreement"), substantially similar to the
form attached hereto, to carry out the duties and responsibilities of the City under the Agreement
in accordance with the terms of the Agreement and this Ordinance.
SECTION 6. Each member of the City Council must make any proposed contributions
by September 15 of each Fiscal Year.
SECTION 7. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Pk\iSon M6.gvt<`9— and
seconded by ZjC , 06 +n ]1 V_C.le-- . This ordinance was passed and approved by
the following vote [-7 - _Qj :
PASSED AND APPROVED this the LIQ day of 0C+& b e.( , 2021.
GERARD HUDSPETH, MAYOR
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
V
Vicki Byrd, District 1:
Brian Beck, District 2:
J
Jesse Davis, District 3:
✓
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the LIQ day of 0C+& b e.( , 2021.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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COUNCIL CONTINGENCY FUND AGREEMENT
BETWEEN THE CITY OF DENTON AND
[ 1
This Agreement is hereby entered into by and between the City of Denton, a Texas home rule
municipal corporation, hereinafter referred to as "City", and [ _ 1, a Texas non-profit
corporation, hereinafter referred to as
WHEREAS, City has determined that the services provided by [ _� to the
citizens of City merit assistance through the Council Contingency Fund and City has provided
funds in its budget for such Council Contingency Fund; and
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public
interest;
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. OBLIGATIONS OF [ 1
In consideration of the receipt of funds from City, [ agrees to the following
terms and conditions:
A. [ 11100 ($L shall be paid to by
City to be utilized for paying general expenses.
B. [ 1 will maintain adequate records to establish that the City funds are
used for the purposes authorized by this Agreement.
C. Upon request, I will permit authorized officials of City to review its
books, financial statements, and records and provide copies of its By Laws, rules and regulations,
and meeting minutes at any time. Such copies shall be made available within ten (10) business days
of such request. All records pertaining to the funds granted hereby shall be maintained for at least
five (5) years.
D. I 1 will not enter into any contracts that would encumber City funds
for a period that would extend beyond the term of this Agreement.
E. [ 1 will appoint a representative who will be available to meet with
City officials when requested.
F. [ 1 will comply with all applicable federal, State, and local laws and
policies including all applicable equal employment opportunity and affirmative action laws or
regulations. In the event of [ 's non-compliance with the non-discrimination
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requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and
I may be barred from further contracts with City.
G I ] will comply with all applicable federal, State, and local laws and
policies regarding conflicts of interest and will not participate in any transactions or decisions where
such a conflict might exist.
II. TIME OF PERFORMANCE
The term of this Agreement shall commence on the date of the last signature affixed to this
Agreement (the "effective date") and terminate unless the contract is sooner
terminated under Section V "Termination".
III. PAYMENTS
A. PAYMENTS To [ 1. City shall pay to ] the sum
specified in Article H after the effective date of this Agreement.
B. EXCESS PAYMENT. [ ] shall refund to City within ten (10) working
days of City's request, any sum of money which has been paid by City and which City at any time
thereafter determines: has resulted in overpayment to [ 1; 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.
IV. EVALUATION
I ] agrees to participate in an implementation and maintenance system
whereby the services can be continuously monitored. F ] shall maintain records that
provide complete and accurate statements as to the status and use of City funds. In addition, upon
request, [ I agrees to provide City the following data and reports, or copies thereof:
ail external or internal audits. [ ] shall submit a copy ofthe annual independent audit
to City within ten (10) days of receipt; all external or internal evaluation reports; and an explanation
of any major changes in program services.
V. TERMINATION
The City may terminate this Agreement for cause if } violates any covenants,
agreements, or guarantees of this Agreement, the J's insolvency or filing of
bankruptcy, dissolution, or receivership, or the [ I's violation of any law or regulation
to which it is bound under the terms of this Agreement. The City may terminate this Agreement for
other reasons not specifically enumerated in this paragraph, including for convenience.
VI. WARRANTIES
represents and warrants that:
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A. All financial reports, information, reports, records, and data heretofore or hereafter
requested by City and furnished to City, are complete and accurate and fairly reflect the financial
conditions of [ 1, if applicable, as of the date shown on the financial report,
information, data, record, or report, and, since that date, have not undergone any significant change,
adverse or otherwise, without written notice to City.
B. No litigation or legal proceedings are presently pending or threatened against
I 1-
C. None of the provisions herein contravenes or is in conflict with the authority under
which [ is doing business or with the provisions of any existing indenture or
agreement of [ ],
D. [ I has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
E. does not have any conflicts of interest with respect to this
transaction.
Each of these representations and warranties shall be continuing and shall be deemed to have
been repeated by the submission of each request for payment.
VII. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
B. It is understood and agreed by the parties hereto that changes in the State, Federal or
local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such
modifications are to be automatically incorporated into this Agreement without written amendment
hereto, and shall become a part of the Agreement on the effective date specified by the law or
regulation.
C. ] shall notify City of any changes in personnel or governing board
composition.
VIII. INDEMNIFICATION
TO THE EXTENT AUTHORIZED BY LAW, THE I 1 AGREES TO
INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
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INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER,
ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY THE
I I OR THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT,
INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON,
CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON
ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF ( ], ITS
OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES.
IX. NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms
of this Agreement 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 hand -delivery, c -mail, or facsimile, addressed to [ ] or City, as the case may be,
at the following addresses:
CITY I
City of Denton, Texas [ 1
Attn: City Manager
215 E. McKinney
Denton, TX 76201 ]
E -Mail: [_ ]
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.
X. MISCELLANEOUS
A. [ I shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder to any party without the prior written approval of
City.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the original
intent of both parties hereto.
C. In no event shall any payment to hereunder, or any other act or
failure of City to insist in any one or more instances upon the terms and conditions of this Agreement
constitute or be construed in any way to be a waiver by City of any breach of covenant or default
which may then or subsequently be committed by [ ] . Neither shall such payment,
act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to
City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always
specifically preserved. No representative or agent of City may waive the effect of this provision.
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D. This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurring during the term of this Agreement or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. This Agreement shall be interpreted in accordance with the laws of the State of Texas
and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction
sitting in Denton County, Texas.
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the day of , 2021.
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
CITY OF DENTON
SARA HENSLEY, INTERIM CITY
MANAGER
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[Name]
[Title]
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
SIGNATURE PRINTED NAME
TITLE
DEPARTMENT