21-193921-1939
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 $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, 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 designee, is hereby authorized to execute the
attached 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;54 t8 N60, C and seconded
by \)c4.�; ` the ordinance was passed and approved by the
following vote r (0 - 0 ]:
Page 1
Ave
Gerard Hudspeth, Mayor: V
Vicki Byrd, District 1:
Brian Beek, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large PIace 5:
Paul Meltzer, At Large Place b: m%
Nay Abstain Absent
I/ -
PASSED AND APPROVED this the ((p %* day of Noyem)pe,� , 2021.
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: f 2.2
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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BY: ahenneLSNo ryo AeMonmm
GERARD HUDSPETH, MAYOR
2021 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 day of
N ny e.Mb, 2021.
ARTICLE I
RESPONSIBILITIES OF THE 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 the Barriers Fund. The City of Denton agrees to:
1. Fund the Barriers Fund in the amount of $40,000 during the term of this MOU. The United
Way may request the City release funds into to the Barriers Fund upon execution of this
agreement.
2. 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).
3. Provide guidance and technical support to the United Way in relation to the homeless data
system and information collected by the City.
ARTICLE R
RIESPONSI31LITIES 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. Serve as fiscal administrator for the Barriers Fund.
2. Direct the fundraising efforts necessary to adequately support the Barriers Fund fundraising
goals including but not limited to partnerships and community funding sources.
3. Use funding provided under this MOU in accordance with Article III, below.
4. Continue to support a volunteer Barriers Fund Committee comprised of community
partners who review all requests from eligible community partners in support of eligible
activities for eligible clients as adopted and set forth by the Denton County Homeless
Coalition (DCHC) workgroup.
S. 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.
6. Provide the City Manager or their designee with quarterly reports that include: a) budget
spreadsheet, and c) funding distribution report.
7. Ensure that all published materials to market the matching grant are co -branded with "City
of Denton."
ARTICLE M
OUTPUTS AND OUTCOMES
United Way will 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 Dumber — Actual Dollars Raised over the term of the MOU
0 Number — Campaigns (paid advertisements, social media posts, direct email 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 BarriersFund. Output: Provid,100% of City 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
ARTICLEIV
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
City of Denton, Texas
Attn: City Manager
215 E. McKinney
Denton, TX 75201
Sara.Hensleyakityofdenton.com
UNITED WAY
United Way
Attn: President and CEO
1314 Teasley Lane
Denton, Texas 76205
gary@,,unitedwaydentoii.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 V1
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 parry.
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 b-- 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 Icss 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 tate 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 sura 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 comptent 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 MOI.) 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
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 I Tnited 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
day of l f,� NQQM2021.
CITY OF DENrON:
BY: % w2k,�
SARA HE 9SLEY,
INTERIM CITY MANAGER
BY:
DENTON COUNTY
& CEO
4
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
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MACK REINWAND,
CITY ATTORNEY
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terns
/11"� C�
gnat
Director of Community Services
Tilde
Community Development
Department
Date Signed: Ll Dq hi