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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 /F oia[anr:ieneaMcam�eaitmn DN,ar<n d,, Inmem—,d—da , axr=Deparhnentlliers aiq GroupxouX,eneral �vemment, w.:cgaf, m=ONeNne UiEmrt, 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: OmON adclaav:q N:=mm,.&dc=ciryokemm�dr=cndad=QepammencllzerzaM Gmuq, .General Guveinment �=I�9al, (f7/ sazk�nnetlihon, BY:MI-111. kS 111.ne.ClWon@clryofd [an com BY: � pa1e�. E011.11.1109]3'.39AfiO4 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