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22-1911ORDINANCE NO. 22-1911 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE AMENDMENT 2 TO AN AGREEMENT WITH UNITED WAY OF DENTONCOUNTY. INC. FOR WORKING CAPITAL TO BE USED IN SUPPORT OF CITY OF DENTON RESIDENTS AND TO BE REPAID DURING THE AGREEMENT’S TERM,EXTENDING THE TERM OF THE AGREEMENT TO DECEMBER 31, 2022; ANDPROVIDING AN EFFECTIVE DATE. WHEREAS, the City entered into a repayable grant agreement with United Way to provide the United Way with a grant of $500,000 as working capital to be used in support of City of Denton residents and to be repaid from CARES Act ESG-CV Round 2 funds awarded to the United Way by TDHCA as part of a coordinated system of homeless assistance programs in the City for homelessness prevention and rapid re-housing and in response to the COVID-19 pandemic (the “Agreement”), as authorized by Ordinance No. 21-057; and WHEREAS, the City and United Way amended the Agreement to modify its termination date, as authorized by Ordinance No. 22-437, such that the term of the Agreement, as amended, commenced February 10, 2021, and terminates September 30, 2022; and WHEREAS, The Department of Housing and Urban Development (“HUD”) issued a notice granting an extension of the ESG-CV term to existing grantees; and WHEREAS, TDHCA has granted an extension of the ESG-CV terms to the Subrecipient; and WHEREAS, an extension of the term of the Agreement to December 31, 2022 would fulfill the public purpose of the continued provision of homelessness prevention and rapid re- housing services in response to the COVID-19 pandemic. 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 their designee is hereby authorized to execute Amendment 2 to the Agreement to extend the term of the Agreement to December 31, 2022, a copy of which is attached hereto, and to carry out the duties and responsibilities of the City under Amendment 2 and the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by %ten ep(K and seconded by A\{Son t\i re . The Ordinance was passed andapproved by the following vote LL -–Z] : Aye b/ y‘ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2 :b/ y/ V/ Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 :Vr \//Chris Watts, At Large Place 6: PASSED AND APPROVED this the 1D11]+ q1 11N \ d a y 0 f &f1(4rLM 2 0 2 2 B aEfA–immnMrf6R nt$11111111 ATTEST: ROSA RIOS, CITY SECRETARY BY: ,_/7/an bab?, APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATrORNEY g#% Ux=;iT.'; E:,'-’BY: CP -05'OO' DocuSign Envelope ID: 48106A61-D4EE42&+-B999-IAE3AB2A77F9 GRANT AGREEMENTBETWEEN THE CITY OF DENTON ANDUNITED WAY OF DENTON COUNTYHOMELESS INITIATIVES:UNITED WAY-TDHCA ESG-CV2 SERVICE AGREEMENT AMENDMENT 2 to Agreement This Amendment 2 to Agreement is made by and between the City of Denton (the “City”) and United Way of Denton County, Inc. (“Subrecipient”). WHEREAS, the Texas Department of Housing and Community Affairs (“TDHCA”) has awarded CARES Act ESG-CV Round 2 funds to the United Way as part of a coordinated system of homeless assistance programs in the City for the purpose of paying for contractual services named in the United Way’s ESG-CV application to TDHCA for homelessness prevention and rapid re-housing and in response to the COVID-19 pandemic; and WHEREAS, the City and Subrecipient entered into a grant agreement to provide the United Way with a grant of $500,000 as working capital to be used in support of City of Denton residents and to be repaid during the agreement’s term commencing February 10, 2021, and terminating March 31, 2022 in connection with an award from the Texas Department of Housing andCommunity Affairs (“TDHCA”) to the United Way of CARES Act ESG-CV Round 2 funds as part of a coordinated system of homeless assistance programs in the City to pay for contractual services named in the United Way’s ESG-CV application to TDHCA for homelessness prevention and rapid re-housing and in response to the COVID-19 pandemic (the "Agreement"), all as authorized by Ordinance No. 21-057; and WHEREAS, The U.S. Department of Housing and Urban Development (“HUD”) issued a notice granting an extension of the ESG-CV term to existing grantees; and WHEREAS, TDHCA has granted an extension of the ESG-CV terms to the Subrecipient; WHEREAS, on March 22, 2022, the parties amended the Agreement to extend the end of and the term to September 30, 2022; and WHEREAS, the parties hereto desire to amend the Agreement to further extend the term of the Agreement to allow adequate time for completion of the project in accordance with the terms and conditions of the Agreement; NOW THEREFORE, for good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the City and Subrecipient agree as follows: Page 1 DocuSign Envelope ID: 48106A61-D4EE4244-B999-IAE3AB2A77F9 1. Section 1, “Term”, of the Agreement is hereby amended to extend the term of the Agreement to December 31, 2022. 2. All other provisions, terms, covenants, duties, rights, obligations, and agreements contained in the Agreement shall remain in full force and effect. 3 . This Amendment 2 to Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Amendment 2 to Agreement as of the day of , 2022. CITY OF DENTON:UNITED WAY OF DENTON COUNTY, INC : BY:a DERSON CITY MANAGER PRESIDENT & CEO ATTEST : A CITY SECRETARY ROSA RIOS APPROVED AS TO LEGAL FORM: Digitally signed by Scott BY: ga'd14@ MACK REINWAND, DTt:: 2022.09.21 lo:18:23 -05'OO' CITY ATTORNEY Page 2 DocuSign Envelope ID: 48106A61-D4EE4244-B999-IAE3AB2A77F9 THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms DocuSigned br tL4fdl slnhlmf;B Director of Community Services Title Community Services Department Date Signed: 9/21/2022 Page 3