1988-2022578L
NO 007 ~g4a
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON COUNTY LEAGUE OF UNITED LATIN AMERICAN CITIZENS
COUNCIL NO 04366, AUTHORIZING THE MAYOR TO EXFCUTE AN AGREEMENT
ENTITLED "EDUCATIONAL ASSISTANCE PROGRAM", APPROVING THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City Council has determined that it is in the
best interest of the citizens of the City to provide public funds
to The Denton County League of United Latin American Citizens
Council No 04366, in consideration of the valuable public
services to be furnished by said organization to the City of
Denton in accordance with the "Agreement" attached hereto, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I That the City Council hereby approves the
"Agreement'-attached hereto, between the City of Denton and The
Denton County League of United Latin American Citizens Council
No 04366, and authorizes the Mayor to execute said agreement
SECTION II That the City Council authorizes the expenditure
of un s n t e manner and amount as specified in the Agreement
SECTION III That this ordinance shall become effective
imme at3 ly upon its passage and approval
PASSED AND APPROVED this the /3 day of 1988
~y
RAY STr NS, lAYOR
ATTEST
J IF' /LTER CI SECRETARY
A ROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY yv,,
2568L
THE STATE OF TEXAS § AND THE DENTON COUNTYE CITY OF D
LEAGUE OF UNITED
COUNTY OF DENTON § LATIN AMERICAN CITIZENS COUNCIL NO 04366
This Contract and agreement is made and entered into by and
between the City of Denton, a Texas Municipal Corporat on, acting
b and through its City Manager, pursuant to Ordinance ated
, hereinafter referred to as CITY, an Denton
ounty eague o United Latin American Citizens Council 1104366,
hereinafter referred to as CONTRACTOR
WHEREAS, the CITY has received certain funds from the U S
the
and of Housing and Urban
Act l ofm 1974as under ameTitle nded, and,
Community Development development
using Deartment
Ho
WHEREAS, the CITY has adopted a budget for such funds and
included
p ptherein an roject entitled authorized EductionaleAssistance e
for the Program, and,
WHEREAS, the CITY has designated the Community Development
Department as the department responsible for the administration
of this contract and all matters pertaining thereto, and,
WHEREAS, the CITY wishes to engage the CONTRACTOR to carry
out such project,
NOW THERFFORE The parties hereto severally and collectively
agree, and by the execution hereof are bound to the mutual
obligations and to the performance and accomplishment of the
tasks hereinafter described
I
TERM
This Contact aand nd agreement June 14, on or as of
unless
December 15, 1988, extended by mutual agreement
II
RESPONSIBILITIES
The CONTRACTOR hereby accepts the responsibility for the
performance of all services and activities, in a satisfactory and
efficient manner as determined by the CITY, in accordance with
the terms herein The CITY will consider the CONTRACTOR'S
executive responsible o force thetoma mbe the anagement of all contractual matters
pertaining hereto, unless written notification to the contrary is
received from the CONTRACTOR, and approved by the CITY
The Director of Community Development, or his/her designated
representative, will be the CITY's representative responsible for
the administration of this contract
III
CITY'S OBLIGATION
A Limit of Liability In consideration, the CITY will
reimburse CONTRACTOR for expenses incurred pursuant hereto in
accordance with the project budget included as a part of EXHIBIT
B Notwithstanding any other provision of the Contract, the
total of all payments and other obligations made or incurred by
the CITY hereunder shall not exceed the sum of $21,215 00
B Measure of Liability in consideration of full and
satisfactory services and activities hereunder by CONTRACTOR, the
CITY shall make payments to CONTRACTOR based on the Budget
attached hereto and incorporated herein for all purposes as
EXHIBIT B, subject to the limitations and provisions set forth in
this Section and Section VIII of this Contract
(1) It is expressly understood and agreed by the parties
hereto, that the CITY's obligations under this Section are
contingent upon the actual receipt of adequate Community
Development Block Grant (CDBG) funds to meet the CITY's
liabilities under this Contract If adequate funds are not
available to make payments under this Contract, the CITY shall
notify CONTRACTOR in writing within a reasonable time after such
fact has been determined The CITY may, at its option, either
reduce the amount of its liability, as specified in Subsection A
of this Section or terminate the Contract If CDBG funds
eligible for use for purposes of this Contract are reduced, the
CITY shall not be liable for further payments due to CONTRACTOR
under this Contract
(2) It is expressly understood that this Contract in no
way obligates the General Fund or any other monies or credits of
the City of Denton
(3) The CITY shall not be liable for any cost or PORTION
thereof which
(a) has been paid, reimbursed or is subject to payment
or reimbursement, from any other source,
PAGE 2
(b) was incurred prior to the beginning date, or after
the ending date specified in Section I,
(c) is not in strict accordance with the terms of this
Contract, including all exhibits attached hereto,
(d) has not been billed to the CITY within thirty (30)
calendar days following billing to the CONTRACTOR,
or termination of the Contract, whichever is
earlier,
(e) is not an allowable cost as defined by Section
XIII of this Contract or the project budget
(4) The CITY shall not be liable for any cost or portion
thereof which is incurred with respect to any activity of the
CONTRACTOR requiring prior written authorization from the CITY,
or after the CITY has requested that the CONTRACTOR furnish data
concerning such action prior to proceeding further, unless and
until the CONTRACTOR is therefore advised by the CITY to proceed
(5) The CITY shall not be obligated or liable under this
Contract to any party other than the CONTRACTOR for payment of
any monies or provision of any goods or services
IV
COMPLIANCh WITH FEDERAL, STATh and LOCAL LAWS
A The CONTRACTOR understands that funds provided to it
pursuant to this Contract and agreement are funds which have been
made available to the CITY by the Federal Government (U S Depart-
ment of Housing and Urban Development) under the Housing and
Community Development Act of 1974, as amended, in accordance with
an approved Grant Application and specific assurances Accord-
ingly, the CONTRACTOR assures and certifies that it will comply
with the requirements of the Housing and Community Development
Act of 1974 (P L 93-383) as amended and with regulations
promulgated thereunder, and codified at 24 CFR, which in no way
is meant to constitute a complete compilation of all duties
imposed upon the CONTRACTOR by law or administrative ruling, or
to narrow the standards which the CONTRACTOR must follow
The CONTRACTOR further assures and certifies that if the
regulations and issuances promulgated pursuant to the Act are
amended or revised, it shall comply with them, or notify the
CITY, as provided in Section XXV of this Contract
B The CONTRACTOR shall comply with all applicable laws,
ordinances and codes of the State of Texas and the City of Denton
PAGE 3
V
REPRESENTATIONS
A The CONTRACTOR assures
the legal authority, pursuant
official motion, resolution or
into this Contract
and guarantees that it possesses
to any proper, appropriate and
action passed or taken, to enter
B The person or persons signing and executing this Contract
on behalf of the CONTRACTOR, do hereby warrant and guarantee that
he/she, or they, have been fully authorized by the CONTRACTOR to
execute this Contract on behalf of the CONTRACTOR and to validly
and legally bind the CONTRACTOR to all terms, performances and
provisions herein set forth
C The CITY shall have the right, at its option, to either
legal terminate
authority this o of Ceither t the
there temporarily a dispute as to permanently
CONTRACTOR or the person signing the Contract to enter into this
Contract The CONTRACTOR is liable to the CITY for any money it
received has tCfoe suspended o or the
terminated provisions this Contract if the CITY has this
Contract for the reasons enumerated in this Section
D The CONTRACTOR agrees that the funds and resources
provided the CONTRACTOR under the terms of this Contract will in
no way be substituted for funds and resources from other sources,
nor in any way serve to reduce the resources, services, or other
benefits which would have been available to, or provided through,
the CONTRACTOR had this Contract not been executed
VI
PERFORMANCE BY CONTRACTOR
The CONTRACTOR will provide, oversee, administer, and carry
out all of the activities and services set out in the Work
Statement, attached hereto and incorporated herein for all
purposes as Exhibit A, utilizing the funds described in
Exhibit B, attached hereto and incorporated herein for all
purposes and deemed by both parties to be necessary and
payment sufficient satisfactory
program, as determined solely by the CITY and in accordancefwith
all other terms, provisions and requirements of this Contract
(1) No modifications or alterations may be made in the
WORK STATEMENT without the prior written approval of the City's
Director of Community Development Office, or his/her authorized
representative
PAGE 4
VII
PAYMENTS TO CONTRACTOR
A The CONTRACTOR must maintain a separate numbered account
for the receipt and disbursement of all funds received under this
Contract and any program income resulting therefrom The
CONTRACTOR further agrees that
(1) Such account shall contain only the funds received
pursuant to this Contract and that no other funds shall be
mingled with funds in such account, except funds deemed to be
program income as defined in Section XIV of this Contract
CONTRACTOR shall support all checks and withdrawals from said
account with itemized documentation of costs under this Contract
Upon the CONTRACTOR's written request and solely
within the discretion of the CITY, an alternative accounting
mechanism may be permitted, provided such alternative adheres at
all times to generally accepted accounting principles
(2) Said account shall be maintained, under conditions
approved by the CITY, in a financial institution, with federal
deposit insurance coverage and the balance, if any, exceeding the
federal deposit insurance coverage, shall be collaterally secured
B Method of Payment
(a) Payment by the City for services provided hereunder
shall be made as follows
no more than 5,303 75 on or before January 1, 1989
no more than $5,303 75 on or before April 1, 1989
no more than 5,303 75 on or before July 1, 1989
no more than 5,303 75 on or before October 1, 1989
(b) The use of the funds provided for in Section A shall
be as follows
Percentage of Total Funds
to be Expended by
Contractor
By February 1, 1989 10
By May 1, 1989 25
By August 1, 1989 50
By October 1, 1989 75
By June 14, 1990 100
All funds must be expended in 18 months
PAGE 5
C Excess Payment CONTRACTOR shall refund to the CITY
within ten working days of the CITY's request, any sum of
money which has been paid by the CITY and which the CITY at any
time thereafter determines
(1) has resulted in overpayment to CONTRACTOR or,
(2) has not been spent strictly in accordance with the
terms of this Contract, or
(3) is not supported by adequate documentation to fully
justify the expenditure
D Disallowed Costs Upon termination of the Contract,
should any expense or charge for which payment has been made be
subsequently disallowed or disapproved as a result of any
auditing or monitoring by the CITY, the Department of Housing and
Urban Development, or any other Federal agency, the CONTRACTOR
will refund such amount to the CITY within ten (10) working days
of written notice to CONTRACTOR, specifying the amount disallowed
Refunds of disallowed costs may not be made from these or
any other funds received from or through the CITY
E Deobligation of Funds In the event that actual
expenditure rates ev ate from CONTRACTOR's provision of a
corresponding level of performance, as specified in Exhibit A,
the CITY hereby reserves the right to reappropriate or recapture
any such under-expended funds
F Contract Close Out The Contract close out packs, e,
together with a final expenditure report, for the time period
covered by the last invoice requesting reimbursement of funds
under this Contract, shall be submitted by the CONTRACTOR to the
CITY within fifteen (15) working days following the close of this
Contract period utilizing the form agreed upon by the CITY and
CONTRACTOR
At the termination of the Contract, all unclaimed (30 days
or older) salaries or wages must be returned to the CITY in the
following format
(1) A cashier's check for the net aggregate amount payable
to the City of Denton,
(2) A listing showing the Social Security number, full
name, last know complete address and the amount owed to each
person involved
PAGE 6
VIII
OWNERSHIP OF PROPERTY
All equipment must be purchased by the CITY's Purchasing
Department through the Community Development Office Equipment
or major non-recurring expenses ($200 00 or more) may not be
purchased without written consent of the CITY during the last
four months of this Contract
Ownership title to all capital acquisitions, supplies,
materials or any other property purchased with funds received
under this Contract and in accordance with the provisions of the
Contract, is vested with the CITY, and possession of such
property shall, upon termination of the Contract, revert to the
CITY, unless otherwise provided for by the CITY in writing
Written notification must be received by the CITY within five
(5) calendar days of delivery of non-expendable property in order
for the CITY to effect identification and recording for inventory
purposes The CONTRACTOR shall maintain adequate accountability
and control over such property, shall maintain adequate property
records, and perform an annual physical inventory
IX
WARRANTIES
The CONTRACTOR represents and warrants that
A All information, reports and data heretofore or hereafter
requested by the CITY and furnished to the CITY, is complete and
accurate as of the date shown on the information, data, or
report, and since that date have not undergone any significant
change without written notice to the CITY
B Any supporting financial statements heretofore requested
by the CITY and furnished to the CITY, are complete, accurate and
fairly reflect the financial condition of the CONTRACTOR on the
date shown on said report, and the results of the operation for
the period covered by the report, and that since said date, there
has been no material change, adverse or otherwise, in the
financial condition of the CONTRACTOR
C No litigation or proceedings are presently pending or
threatened against the CONTRACTOR
D None of the provisions herein contravenes or is in
conflict with the authority under which the CONTRACTOR is doing
business or with the provisions of any existing indenture or
agreement of the CONTRACTOR
PAGE 7
E The CONTRACTOR has the power to enter into this Contract
and accept payments hereunder, and has taken all necessary action
to authorize such acceptance under the terms and conditions of
this Contract
F None of the assets of the CONTRACTOR is subject to any
lien or encumbrance of any character, except for current taxes
not delinquent, except as shown in the financial statements
furnished by the CONTRACTOR to the City
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
X
COVENANTS
During the period of time that payment may be made hereunder
and so long as any payments remain unliquidated, the CONTRACTOR
shall not, without the prior written consent of the Executive
Director of Planning and Development or his/her authorized
representative
A Mortgage, pledge, or otherwise encumber or suffer to be
encumbered, any of the assets of the CONTRACTOR now owned or here-
after acquired by it, or permit any pre-existing mortgages, liens,
or other encumbrances to remain on, or attached to, any assets of
the CONTRACTOR which are allocated to the performance of this Con-
tract and with respect to which the CITY has ownership hereunder
B Sell, assign, pledge, transfer or otherwise dispose of
accounts receivables, notes or claims for money due or to become
due
C Sell, convey, or lease all or substantial part of its
assets
D Make any advance or loan to, or incur any liability for
any other firm, person, entity or corporation as guarantor,
surety, or accommodation endorser
XI
ALLOWABLE COSTS
A Costs shall be considered allowable only if incurred
directly specifically in the performance of and in compliance
with this Contract and in conformance with the standards and
provisions of Exhibits A, and B
PAGE 8
B Approval of CONTRACTOR's budget, Exhibit B, does not
constitute prior written approval, even though certain items may
appear herein The City s prior written authorization is
required in order for the following to be considered allowable
costs
(1) Encumbrance or expenditure during any one month period
which exceeds one-twelfth (1/12) of any budgeted line items for
personnel costs as specified in Exhibit B
(2) Any Sub-contracts
(a) The City shall not be obligated to any third
parties (including any subcontractors of the CONTRACTOR) and CITY
funds shall not be used to pay for any contract service extending
beyond the expiration of this Contract
(3) Out of town travel
(4) Any alterations or relocation of the facilities on and
in which the activities specified in Exhibit A are conducted
(5) Any alterations, deletions or additions to the
Personnel Schedule incorporated in Exhibit B
(6) Costs or fees for temporary employees or services
(7) Any fees or payments for consultant services
(8) Fees for attending out of town meetings, seminars or
conferences
Written requests for prior approval are the CONTRACTOR's
responsibility and shall be made within sufficient time to permit
a thorough review by the CITY Written approval by the CITY must
be obtained prior to the commencement of procedures to solicit or
purchase services, equipment, or real or personal property Any
procurement or purchase which may be approved under the terms of
this Contract must be conducted in its entirety in accordance
with the provisions of this Contract
XII
PROGRAM INCOME
A For purposes of this Contract, program income means
earnings of the CONTRACTOR realized from activities resulting
from this Contract or from the CONTRACTOR's management of funding
provided or received hereunder Such earnings include, but are
PAGE 9
not limited to, income from interest, usage or rental/lease fees,
income produced from contract-supported services of individuals
or emloyees or from CONTRACTOR provided aah result of this p Contract, fad ipayments
from clients or third parties for services rendered by CONTRACTOR
under this Contract
B On a monthly basis, CONTRACTOR shall report and return to
the CITY, all program income received or accrued during the pre-
ceding month Alternative arrangements to this requirement may
be made upon written request to, and written approval by the CITY
C Records of the receipt and disposition of program income
must be maintained by the CONTRACTOR in the same manner as
required for other Contract funds, and reported to the CITY in
the format prescribed by the CITY
D The CONTRACTOR shall include this Section in its entirety
in all of its sub-contracts which involve other income-producing
services or activities
E It is the CONTRACTOR'S responsibility to obtain from the
CITY a prior determination as to whether or not income arising
directly or indirectly from this Contract, or the performance
thereof, constitutes program income The CONTRACTOR is respon-
sible to the CITY for the repayment of any and all amounts
determined by the CITY to be program income, unless otherwise
approved in writing by the CITY
XIII
MAINTENANCE OF RECORDS
A The CONTRACTOR agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status
and compliance
any with
other
of the provisions funds of received Exhibit under B this Contract, in
applicable Federal and State regulations establishing standards
for financial management CONTRACTOR's record system shall con-
tain sufficient documentation to provide in detail full support
and justification for each expenditure Nothing in this Section
shall be construed to relieve the CONTRACTOR of fiscal account-
ability and liability under any other provision of this Contract
or any applicable law The CONTRACTOR shall include the
substance of this provision in all subcontracts
B The CONTRACTOR agrees to retain all books, records, docu-
ments, reports, and written accounting policies and procedures
pertaining to the operation of programs and expenditures of funds
PAGE 10
under this Contract for the period of time and under the condi-
tions specified by the CITY
C Nothing in the above subsections shall be construed to
relieve the CONTRACTOR of responsibility for retaining accurate
and current records which clearly reflect the level and benefit
of services provided under this Contract
D At any reasonable time and as often as the CITY may deem
necessary, the CONTRACTOR shall make available to the CITY, HUD,
or any of their authorized representatives, all of its records
and shall permit the CITY, HUD, or any of their authorized
representatives to audit, examine, make excerpts and copies of
such records, and to conduct audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions or
employment and all other data requested by said representatives
XIV
REPORTS AND INFORMATION
At such times and in such form as the CITY may require, the
CONTRACTOR shall furnish such statements, records, data and
information as the CITY may request and deem pertinent to matters
covered by this Contract
Regular performance reports, shall be submitted to the CITY
by the CONTRACTOR no later than once each three months, commencing
February 1, 1989 The performance report shall detail client
information, including names, addresses, race, income and other
such statistics required by CITY The CONTRACTOR agrees to
gather information and data relative to all programmatic and
financial reporting as of the beginning date specified in Section
II and furnish to CITY quarterly of all income received and funds
expended
XV
MONITORING AND EVALUATION
A The CITY shall perform on-site monitoring of CONTRACTOR's
performance under this Contract
B The CONTRACTOR agrees that the CITY may carry out moni-
toring and evaluation activities to ensure adherence by the
CONTRACTOR to the Work Statement, and Program Goals and
Objectives, which are attached hereto as Exhibit A, as well as
other provisions of this Contract
PAGE 11
C The CONTRACTOR agrees to cooperate fully with the CITY in
the development, implementation and maintenance of record-keeping
systems and to provide data determined by the CITY to be necessary
for the CITY to effectively fulfill its monitoring and evaluation
responsibilities
D The CONTRACTOR agrees to cooperate in such a way so as not
to obstruct or delay the CITY in such monitoring and to designate
one of its staff to coordinate the monitoring process as
requested by CITY staff
E After each official monitoring visit, the CITY shall pro-
vide the CONTRACTOR with a written report of monitoring findings
F Copies of any fiscal, management, or audit reports by any
of the CONTRACTOR's funding or regulatory bois will be of receipt bysub-
mitted to the CITY within five (5) working days the
CONTRACTOR
XVI
DIRECTORS' MEETINGS
During the term of this Contract, the CONTRACTOR shall cause
to be delivered to the CITY copies of all notices of meetings of
its Board of Directors, setting forth the time and place thereof
Such notice shall be delivered to the CITY in a timely manner to
give adequate notice, and shall include an agenda and a brief
description of the matters to be discussed CONTRACTOR under-
stands and agrees that CITY representatives shall be afforded
access to all Board of Directors' meetings
Minutes of all meetings of the CONTRACTOR's governing body
shall be submitted to the CITY within ten (10) working days of
approval
XVII
INSURANCE
A The CONTRACTOR shall observe sound business practices with
respect to providing such bonding and insurance as would provide
adequate coverage for projects under this Contract
B The premises on and in which the activities described in
the Work Statement, Exhibit A, are conducted, and the employees
conducting these activities, shall be covered by premise
liability insurance, commonly referred to as Owner/Tenant"
coverage with the CITY named as an additional insured Upon
PAGE 12
request of the CONTRACTOR, the CITY may, at its sole discretion,
approve alternate insurance coverage arrangements
C The CONTRACTOR will comply with applicable workers' compen-
sation statutes and will obtain employers' liability coverage
where available and other appropriate liability coverage for
program participants, if applicable
D All non-expendable property acquired under the provisions
of this Contract must be adequately insured against fire, theft,
and loss, with the CITY named as co-insured
E The CONTRACTOR will maintain adequate and continuous
liability insurance on all vehicles owned, leased or operated by
the CONTRACTOR All employees of the CONTRACTOR who drive a
vehicle in the normal scope and course of their employment must
possess a valid Texas drivers' license and liability insurance
Evidence of the employee's current possession of a valid license
and insurance must be maintained on a current basis in the
CONTRACTOR's files
F Actual losses not covered by insurance as required by this
Section are not allowable costs under this Contract, and remain
the sole responsibility of the CONTRACTOR
XVIII
EQUAL OPPORTUNITY
A All CONTRACTORS receiving funding in excess of $10,000
will submit for CITY approval, a written plan for compliance with
the Equal Employment and Affirmative Action Federal provisions,
within thirty (30) days of the effective date of this Contract
B All CONTRACTORS shall comply with all applicable equal
employment opportunity and affirmative action laws or regulations
C The CONTRACTOR or SUBCONTRACTOR will furnish all
information and reports requested by the CITY, and will permit
access to its books, records, and accounts for purposes of
investigation to ascertain compliance with local, state and
Federal rules and regulations
D In the event of the CONTRACTOR's or SUBCONTRACTOR's
non-compliance with the non-discrimination requirements, the
Contract may be cancelled, terminated, or suspended in whole or
in part, and the CONTRACTOR or SUBCONTRACTOR may be barred from
further contracts with the CITY
PAGE 13
XIX
PERSONNEL POLICIES
Personnel policies shall be established by the CONTRACTOR
and shall be available for examination Such personnel policies
shall
A Be no more liberal than the CITY's personnel policies, pro-
cedures, and practices, including policies with respect to employ-
ment, salary and wage rates, working hours and holidays, fringe
benefits, vacation and sick leave privileges, and travel, and
B Be in writing and shall be approved by the governing body
of the CONTRACTOR and by the CITY
XX
CONFLICT OF INTEREST
A The CONTRACTOR covenants that neither it nor any member of
its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Contract The
CONTRACTOR further covenants that in the performance of this
Contract, no person having such interest shall be employed or
appointed as a member of its governing body
B The CONTRACTOR further covenants that no member of its
governing body or its staff, subcontractors or employees shall
possess any interest in or use his position for a purpose that is
or gives the appearance of being motivated by desire for private
gain for himself, or others, particularly those with which he has
family, business, or other ties
C No officer, member, or employee of the CITY and no member
of its governing body who exercises any function or responsibil-
ities in the review or approval of the undertaking or carrying
out of this Contract shall (1) participate in any decision
relating to the Contract which affects his personal interest or
the interest in any corporation, partnership, or association in
which he has direct or indirect interest, or (2) have any
interest, direct or indirect, in this Contract or the proceeds
thereof
XXI
NEPOTISM
CONTRACTOR shall not employ in any paid capacity, any person
who is a member of the immediate family of any person who is
PAGE 14
currently employed by CONTRACTOR, or is a member of CONTRACTOR's
governing board The term "member of immediate family" includes
wife, husband, son, daughter, mother, father, brother, sister,
in-laws, aunt, uncle, nephew, niece, step-parent, step-child,
half-brother and half-sister
XXII
POLITICAL OR SECRETARIAL ACTIVITY
A None of the performance rendered hereunder shall involve,
and no portion of the funds received by the CONTRACTOR hereunder
shall be used, either directly or indirectly, for any political
activity (including, but not limited to, an activity to further
the election or defeat of any candidate for public office) or any
activity undertaken to influence the passage, defeat or final
content of legislation
B None of the performance rendered hereunder shall involve,
and no portion of the funds received by the CONTRACTOR hereunder
shall be used for or applied directly or indirectly to the
construction, operation, maintenance or administration, or be
utilized so as to benefit in any manner any sectarian or
religious facility or activity
XXIII
PUBLICITY
A Where such action is appropriate, as determined by and
upon written approval of the CITY, the CONTRACTOR shall publicize
the activities conducted by the CONTRACTOR, under this Contract
In any news release, sign, brochure, or other advertising medium
disseminating information prepared or distributed by or for the
CONTRACTOR, mention shall be made of the U S Department of
Housing and Urban Development funding through the City of Denton
having made the project possible
B All published material and written reports submitted under
this project must be originally developed material unless
otherwise specifically provided in this Contract When material
not originally developed is included in a report, it shall have
the source identified This identification may be in the body of
the report or by footnote This provision is applicable when the
material is in a verbatim or extensive paraphrase format
All published material submitted under this project shall
include the following reference on the front cover or title page
PAGE 15
This document prepared in accordance with the City of
Denton's Community Development Block Grant Program, with
funding received from the United States Department of
Housing and Urban Development
C All reports, documents, studies, charts, schedules, or
other appended documentation to any proposal, content of basic
proposal, or Contracts and any responses, inquiries, correspon-
dence and related material submitted by CONTRACTOR, shall become
the property of the CITY upon receipt
XXIV
FUNDING APPLICATIONS
The CONTRACTOR agrees to notify the CITY each time the CON-
TRACTOR is preparing or submitting any application for funding
The following procedures must be adhered to
A When the application is in the planning stages, a
description of the funds being applied for, and proposed use of
funds, must be submitted by the CONTRACTOR to the CITY
B Upon award of or notice of award, whichever is sooner, the
CONTRACTOR shall notify the CITY of such award and the effect, if
any, of such funding on the funds and program(s) contracted here-
under Such notice shall be submitted to the CITY, in writing,
within ten (10) working days of receipt of the notice of award or
funding award by CONTRACTOR, together with copies of the budget,
program description, and contract
C The CONTRACTOR shall not use funds provided hereunder,
either directly or indirectly, as a contribution, or to prepare
applications to obtain any federal or private funds under any
federal or private program without the prior written consent of
the CITY
XXV
CHANGES AND AMENDMENTS
A Any alterations, additions, or deletions to the terms of
this Contract shall be by amendment hereto in writing and
executed by both parties hereto, except when the terms of this
Contract expressly provide that another method shall be used
B The CONTRACTOR may not make transfers between or among
approved line-items within budget categories of the Budget,
Exhibit B, without prior written approval of the CITY CONTRACTOR
PAGE 16
shall request the budget revision in writing in a form prescribed
by the CITY, and such request for revision shall not increase the
total monetary obligation of the CITY under this Contract In
addition, budget revisions cannot significantly change the nature,
intent, or scope of the program funded under this Contract
C CONTRACTOR will submit revised budget and program informa-
tion, whenever the level of funding for the CONTRACTOR or the
program(s) described herein is altered according to the total
levels contained in any portion of Exhibit B
D 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 Contract Any
such modifications are to be automatically incorporated into this
Contract without written amendment hereto, and shall become a
part of the Contract on the effective date specified by the law
or regulation
E The CITY may, from time to time during the term of the
Contract, request changes in the Work Statement, Exhibit A, which
may include an increase or decrease in the amount of the CONTRAC-
TOR's compensation Such changes shall be incorporated in a
written amendment hereto, as provided in Subsection A of this
Section
F Any alterations, deletions, or additions to the Contract
Budget Detail incorporated in Exhibit B, Budget, shall require
the prior written approval of the CITY
G CONTRACTOR agrees to notify the CITY in writing, of any
proposed change in physical location for work performed under
this Contract at least thirty (30) calendar days in advance of
the change
H CONTRACTOR shall notify the CITY of any changes in
personnel or governing board composition
I It is expressly understood that neither the performance of
the Work Statement, Exhibit A, for any program contracted
hereunder nor the transfer of funds between or among said
programs will be permitted
XXVI
SUSPENSION OF FUNDING
Upon determination by the CITY of the CONTRACTOR's failure to
timely and properly perform each of the requirements, time
PAGE 17
conditions and duties provided herein, the CITY, without limiting
any rights it may otherwise have, may at its discretion, and upon
ten (10) working days written notice to the CONTRACTOR, withhold
further payments to the CONTRACTOR Such notice may be given by
mail to the Executive Officer and the Board of Directors of
CONTRACTOR The notice shall set forth the default or failure
alleged, and the action required for cure
The period of such suspension shall be of such duration as is
appropriate to accomplish corrective action, but in no event
shall it exceed thirty (30) calendar days At the end of the
suspension period, if the CITY determines the default or
deficiency has been satisfied, the CONTRACTOR may be restored to
full compliance status and paid all eligible funds withheld or
impounded during the suspension period If, however, the CITY
determines that CONTRACTOR has not come into compliance, the
provisions of SECTION XXVII may be effectuated
XXVII
TERMINATION
A The CITY may terminate this Contract with cause for any of
the following reasons
(1) CONTRACTOR's failure to attain compliance during any
prescribed period of suspension as provided in Section XXVI
(2) CONTRACTOR's violation of covenants, agreements or
guarantees of this Contract
(3) Termination or reduction of funding by the United
States Department of Housing and Urban Development
(4) Finding by the CITY that the CONTRACTOR
(a) is in such unsatisfactory financial condition as
to endanger performance under this Contract,
(b) has allocated inventory to this Contract
substantially exceeding reasonable requirements,
(c) is delinquent in payment of taxes, or of costs of
performance of this Contract in the ordinary
course of business
(5) Appointment of a trustee, receiver or liquidator for
all or substantial part of the CONTRACTOR's property, or
institution of bankruptcy, reorganization, rearrangement of or
liquidation proceedings by or against the CONTRACTOR
PAGE 18
(6) CONTRACTOR's inability to conform to changes required
by Federal, State and local laws and/or regulations as provided
in Section IV, and Section XXV (D), of this Contract
(7) The commission of an act of bankruptcy
(8) CONTRACTOR's violation of any law or regulation to
which CONTRACTOR is bound or shall be bound under the terms of
the Contract
The CITY shall promptly notify CONTRACTOR in writing of
the decision to terminate and the effective date of termination
Simultaneous notice of pending termination maybe made to other
funding sources specified in Exhibit B
B The CITY may terminate this Contract for convenience at
any time
If this Contract is terminated by the CITY for convenience,
the CONTRACTOR will be paid an amount not to exceed the total of
accrued expenditures as of the effective date of termination In
no event will this compensation exceed an amount which bears the
same ratio to the total compensation as the services actually
performed bears to the total services of the CONTRACTOR covered
by the Contract, less payments previously made
C The CONTRACTOR may terminate this Contract in whole or in
part, by written notice to the CITY, if a termination of outside
funding occurs upon which the CONTRACTOR depends for performance
hereunder The CONTRACTOR may opt, within the limitations of
this Contract, to seek an alternative funding source, with the
approval of the CITY, provided the termination by the outside
funding source was not occasioned by a breach of contract as
defined herein or as defined in a contract between the CONTRACTOR
and the funding source in question
The CONTRACTOR may terminate this Contract upon the
dissolution of the CONTRACTOR organization not occasioned by a
breach of this Contract
D Upon receipt of notice to terminate, the CONTRACTOR shall
cancel, withdraw, or otherwise terminate any outstanding orders
or subcontracts which relate to the performance of this
Contract The CITY shall not be liable to the CONTRACTOR or
CONTRACTOR's creditors for any expenses, encumbrances or
obligations whatsoever incurred after the termination date
E Notwithstanding any exercise by the CITY of its right of
suspension or termination, CONTRACTOR shall not be relieved of
PAGE 19
liability to the CITY for damages sustained by the CITY by virtue
of any breach of the Contract by CONTRACTOR, and the CITY may
withhold any reimbursement to the CONTRACTOR until such time as
the exact amount of damages due to the CITY from CONTRACTOR is
agreed upon or otherwise determined
XXVIII
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is
made or brought by any person(s), firm, corporation or other
entity against the CONTRACTOR, CONTRACTOR shall give written
notice thereof to the CITY within two (2) working days after
being notified of such claim, demand, suit or other action Such
notice shall state the date and hour of notification of any such
claim, demand, suit or other action, the names and addresses of
the person(s), firm, corporation or other entity making such
claim, or that instituted or threatened to institute any type of
action or proceeding, the basis of such claim, action or
proceeding, and the name of any person(s) against whom such claim
is being made or threatened Such written notice shall be
delivered either personally or by mail
XXIX
MISCELLANEOUS
A CONTRACTOR shall not transfer, pledge or otherwise assign
this Contract or any interest therein, or any claim arising
thereunder, to any party or parties, bank, trust company or other
financial institution without the prior written approval of the
CITY
B If any provision of this Contract is held to be invalid
illegal, or unenforceable, the remainder shall remain in full
force and effect and continue to conform to the original intent
of both parties hereto
XXX
HOLD HARMLESS AND INDEMNITY
A It is expressly understood and agreed by both parties
hereto that the CITY is contracting with the CONTRACTOR as an
independent contractor and that as such, the CONTRACTOR shall
save and hold the CITY, its officers, agents and employees
harmless from all liability of any nature or kind, including
costs and expenses for, or on account of, any claims, audit
exceptions, demands, suits or damages of any character whatsoever
resulting in whole or in part from the performance or omission of
any employee, agent or representative of the CONTRACTOR
PAGE 20
B CONTRACTOR agrees to provide the defense for, and to
indemnify and hold harmless the CITY its agents, employees, or
contractors from any and all claims, suits, causes of action,
demands, damages, losses, attorneys fees, expenses, and liability
arising out of the use of these contracted funds and program
administration and implementation except to the extent cause by
the willful act or omission of the CITY, its agents, employees,
or contractors
C In no event shall any payment to the CONTRACTOR hereunder,
or any other act or failure of the CITY to insist in any one or
more instances upon the terms and conditions of this Contract
constitute or be construed in any way to be a waiver by the CITY
of any breach of covenant or default which may then or subse-
quently be committed by the CONTRACTOR Neither shall such
payment, act, or omission in any manner impair or prejudice any
right, power, privilege, or remedy available to the CITY to
enforce its rights hereunder, which rights, powers, privileges,
or remedies are always specifically preserved No representative
or agent of the CITY may waive the effect of this provision
D This Contract, together with referenced exhibits and
attachments, constitutes the entire agreement between the parties
hereto, and any prior agreement, assertion, statement, under-
standing or other commitment antecedent to this Contract, whether
written or oral, shall have no force or effect whatsoever, nor
shall any agreement, assertion, statement, understanding, or
other commitment occurring during the term of this Contract, or
subsequent thereto, have any legal force or effect whatsoever,
unless properly executed in writing, and if appropriate, recorded
as an addendum to, or amendment of, this Contract
E In the event any disagreement or dispute should arise
between the parties hereto pertaining to the interpretation or
meaning of any part of this Contract or its governing rules,
codes, laws, ordinances or regulations, the CITY as the party
ultimately responsible to HUD for matters of compliance, will
have the final authority to render or to secure an interpretation
F For purposes of this Contract, all official communications
and notices among the parties shall be deemed made if sent postage
paid to the parties and address set for below
TO THE CITY
City Manager
City of Denton
215 E McKinney St
Denton, Texas 76201
PAGE 21
TO THE CONTRACTOR
IN WITNESS
the 13141 day
OF /WHICH this Agreement has been executed on this
of W2dg. aA &d- ~ 1922
CITY OF DENTON
a
BY (~A 14141&11
if HARKELL
ATTEST
O."MilA LaliM
717 TERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY Q~w
LEAGUE OF UNITED LATIN AMERICAN
CITIZENS
BY j
BOARD PRESIDENT
ATTEST
PAGE 22
EXHIBIT "A"
WORK STATEMENT
Educational Assistance Program
An office will be set and staff hired to provide educational
counseling to low/moderate income students and their families
The program is designed to reduce drop out rates and assist
students in obtaining scholarships to further their education
Assistance will be targeted to low/moderate income, "at risk"
hispanic students and their families
The budgeted amount of funds is $21,215
GOALS AND OBJECTIVES
GOAL 1 To match Hispanic and minority Scholarship applicants
from Denton High School with appropriate scholarships
that are made available annually
A list of potential Hispanic and minority scholarship
candidates will be prepared with help from the Denton
High School counselors, principals and LULAC members
A list of available Scholarships with the addresses,
phone numbers, contact persons, deadlines, required
data, and other information will be prepared to assist
the student and the parent
GOAL 2 Provide training and awareness sessions for students and
parents regarding scholarship opportunities
A Fall and Spring general training session will be
arranged for parents and students to distribute data and
to provide guidelines, suggestions and assistance in
completing the scholarship forms
Individual and small group sessions will be provided to
families or students as requested
Office hours and letters of invitation will be sent to
parents and students so that they will stay in contact
with the program directors
GOAL 3 Students who are considered "at risk" will be identified
and provided support through community channels
In conjunction with the Denton Independent School
PAGE 23
District, students who are potential drop-outs or have
excessive absences, will be identified and contacted
through telephone, letters, or home visits
Programs for parents and students dealing with the
overall school/home connection and climate will be made
available at least twice a year
Material will be provided to these parents and students
to help them succeed in their goal toward high school
graduation
GOAL 4 Once students are in college, continuing support will be
sought to increase their retention in the post-secondary
program
Individual student data will be provided to monitor the
student's academic progress
Financial needs of continuing students will be reviewed
annually to determine if additional support is required
PAGE 24
EXHIBIT "B"
Educational Assistance Program Budget
Director
$ 9,750
00
Other Personnel
6,125
550
00
00
Telephone
Office Supplies
2,150
00
Postage
1,000
440
00
00
Mileage
200
1
00
Word Processor
,
TOTAL $21,215 00
PAGE 25