21-194021-1940
ORDINANCE NO.
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 $18,550 FOR A GRANT TO FUND
HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS) LICENSES 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 for HMIS to support HMIS data quality improvements for Denton
nonprofits serving people experiencing and at -risk of homelessness; and
WHEREAS, the United Way and the City parties hereto agree, and by the execution
hereof are bound to the mutual obligations outlined in the Memorandum of Understanding
attached hereto and made a part hereof by reference (the "MOU "); 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 by '\1; Sca n rj ALG,9 V % C Q_- and seconded
by9. ; 5 _, the ordinance was passed and approved by the
following vote Lb - 1:
Page 1
Ave
11
Gerard Hudspeth, Mayor: r'
Vicki Byrd, District 1:
Brian Beek, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4: ./
Deb Armintor, At Large Place S: f
Paul Meltzer, At Large Place 6: ✓
Nay Abstain Absent
Z
PASSED AND APPROVED this the J_ 6-tn day of Np Q e,m}p @C , 2021.
GERARD U SPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
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BY:
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APPROVED AS TO LEGAL FORM:•'•••.....•••''•
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MACK REINWAND, CITY ATTORNEY
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Oa X2021,11 11 66 0458-06'00'
BY:
2021 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF DENTON AND
THE UNITED WAY OF DENTON COUNTY, INC,
HOMELESS MANAGEMENT INFORMATION SYSTEM LICENSES
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 ("MCU"} on this LV Sy of
NOQ 2021.
ARTICLE I
RESPONSIBILITIES OF TUE CITY OF DENTON
The Director of Community Services will serve as the key staff position for the City to oversee
this Memorandum of Understanding for homeless Management Information System (HMIS)
Licenses. The City of Denton agrees to:
1. Fund HMIS Licenses in the amount of $1$,550 annually for the term of this MOU. The
United Way may request the City release fiends to United Way for HMIS Licenses upon
execution of this agreement.
2. Provide guidance and technical support to the United Way in relation to the homeless data
system and information collected by tha City.
ARTICLE H
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 this HMIS license funding MOU. The United Way agrees to:
1. Serve as fiscal administrator for HMIS License funding.
2. Direct the fundraising efforts necessary to adequately support the cost of additional
HMIS Licenses including but not limited to partnerships and community funding sources.
3. Continue to support BMS data quality improvements for Denton nunprofits serving
people experiencing and at -risk of homelessness.
4. Provide the City Manager or their designee with quarterly reports that include: a) budget
spreadsheet and b) funding distribution report.
5. Use funding provided under this MOU in accordance with Article III, below.
ARTICLE III
OUTPUTS AND OUTCOMES
The United Way will utilize the HMIS License funding to provide benefits to the citizens of
the city of Denton through these outcomes:
• HMIS Data Quality Improvement (Program Specific Universal Date. Quality Reports in
HMIS; heal -Time Data Entry; Consistent Program Enrollments and Exits; Increased
Current Client Assessments in all HMIS Programs) (Approx. 40%)
• Number of Participating Agencies & Licenses in HMIS (Approx. 20°!o)
• CF, Process Improvements (# of Front Door Agencies; # of People Housed; Process
Improvements at Emergency Shelters; Increased Communication between Emergency
Shelters and Mousing Providers) (Approx. 30%)
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:
CITY
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 76201
Sara. Hensia@,cityofdenton.com
UNITED WAY
United Way
Aft: President and CEO
1314 Teasley Dane
Denton, Texas 76205
a unitedn denton.or
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.
2
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 pari 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 tenuinated prior to completion of the services to be provided hereunder, United
Way shall immediately cease all services and shall render a find bill for servic ;s 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 feunished by United Way
pursuant to this MOU to the City on or before the date of termination tion 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
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 prevision which
comes as close as possible to expressing the intention of the parties hereto respecting the stricken
provision.
ARTICLE X
TERM OF AGREEMENT
To the extent allowed by state law, this MOU shall be effective from October 1, 2021 and
shall remain in full force and effect until September 30, 2022 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 duplicate
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 L'
day ofNpgfp�h .( ---, 2021.
CITY OF DENTON: D A OF DENTON COUNTY
BY: BY:
SARA HENSLEY, GARY ERS ON
INTERIM CITY MANAGER PRESIDENT & CEO
ATTEST:
BY: Z25a2
1ROSA RIOS,
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
O�gl[aEly signed byta[henne ON,
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BY: d•Galhedne 08:09: 7c 6' fdentart om
Date2011.11.1 i 00'.09'.1]-06'00'
MACK REINIVIJ'AND,
CITY ATTORNEY
4
THIS AGREEMENT HAS SEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms
Sign Lure
Director of Community Services
Title
Community Development
Department
Date Signed: