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1994-246I:\WPDOCS\ORD\CCNUR[.1 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER ONE TO THE AGREEMENT WITH THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY TO PROVIDE FOR THE CONSTRUCTION OF IMPROVEMENTS TO DRAINAGE AND TO EXTEND THE AGREEMENT TERM ONE YEAR IN EXCHANGE FOR ADDITIONAL FEES; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is authorized to execute Amendment Number One to the Agreement between the city of Denton and city- County Day Nursery, ("Agreement") a copy of which is attached hereto. SECTION II. That the city Council is hereby authorized to expend funds in the amount of Sixty-three Thousand One Hundred Eighty-nine Dollars ($63,189.00) as specified in the amended Agreement. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the~L~day of~ 1994. BOB CASTLEBERRY, MAY7 ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY J:\NPDOCS\K\CCNUR~.AMD AMENDMENT NO. i TO AGREEMENT BETWEEN THE CITY OF DENTONAND DENTON CITY-COUNTY DAY NURSERY COMMENCING OCTOBER 1, 1993 WHEREAS, THE CITY OF DENTON ("CITY") and THE DENTON CITY-COUNTY DAY NURSERY ("CONTRACTOR") entered into an Agreement Between the City of Denton and Denton City-County Day Nursery ("Agreement") which commenced October 1, 1993; WHEREAS, CITY and CONTRACTOR desire to amend the Agreement to provide for the construction of improvements to drainage and extend the Agreement term one year in exchange for additional fees of $22,223; WI TNE S SETH 1. Section I of the Agreement is hereby and herewith amended to read as follows: "This Agreement Shall commence on or as of October 1, 1993, and shall terminate on September 30, 2005, unless adjusted by the CITY. Request for such an adjustment must be in writing and is to be submitted to the Community Development office." 2. Section II of the Agreement is hereby and herewith amended to read as follows: "CONTRACTOR shall perform the following services and activities in a satisfactory and efficient manner as determined by CITY in accordance with the terms of the Agreement: a. All services and activities described in Attachment "A" to the Agreement, b. Installation of surface and/or underground drainage running the length of the playground of the Denton city-County Day Nursery, c. Construction of burms on the Denton City-County Day Nursery area to divert runoff water to drain, d. Regrade and resod the Denton City-County Day Nursery playground, e. Removal of two (2) trees, f. Plant ten (10), three (3) inch red oaks, g. Replacement of pea gravel on all play areas." 3. Section III Paragraph A. of the Agreement is hereby and herewith amended to read as follows: "A. CITY shall provide funds in the amount of not more than $40,966 to assist the CONTRACTOR in the repair of flooring and walls at the facility located at 1603 Paisley, Denton, Texas. CITY shall also provide funds in the amount of not more than $22,223 to assist the CONTRACTOR in the improvement of drainage on and around said facility. The total amount of funds to be provided by CITY to assist CONTRACTOR for said improvements to said facility shall not exceed Sixty-three Thousand One Hundred Eighty-nine Dollars ($63,189)." 4. In all other respects, the terms and conditions of the Agreement, as executed by the parties remain in full force and effect. EXECUTED this the .~4'~day of ~ 1994. BOB CASTLEBERRY, ATTEST: JENNIFER WALTERS, CITY SECRETARY MICHAEL A. BUCEK ACTING CITY ATTORNEY DENTON CITY-COUNTY DAY NURSERY PAGE 2 ATTACHMENT "A" This project shall consist of the replacement of all flooring in the Denton City-County Day Nursery. Except for the classrooms and bathrooms, vinyl flooring will be installed. Each classroom will be carpeted and the bathrooms will be tiled. In addition, new commercial wall coverings will be installed in the classrooms, restrooms and common areas to reduce maintenance. Two walls will be removed in the kitchen and office area for greater efficiency of space. Door ways are also being replaced to comply with ADA standards as necessary. Provided enough funding is available, lighting will be changed from incandescent to energy efficient florescent. WORKSTATEMENT City County Day Nursery Denton City County Day Nursery is a non-profit child care facility for low income families. Parents must be working, going to school, or looking for employment to be eligible. DCCDN is open Monday through Friday from 6:30 a.m. to 5:30 p.m. The staff consists of 8 teachers, 1 part-time aide, a cook~ an assistant director and director. The children are served breakfast, lunch and 2 snacks. Tuition is based on size of family and yearly income. ATTACHMENT "B" 24 CFR § 570.505 The standards described in this section apply to real property within the recipient's control which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards shall apply from the date CDBG funds are first spent for the property until five years after closeout of an entitlement recipient's participation in the entitlement CDBG program or, with respect to other recipients, until five years after the closeout of the grant from which the assistance to the property was provided. (a) A recipient may not change the use or planned use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made unless the recipient provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and either: (1) The new use of such property qualifies as meeting one of the national objectives in Section 570.208 and is not a building for the general conduct of government; or (2) The requirements in paragraph (b) of this section are met. (b) If the recipient determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under paragraph (a)(1) of this section, it may retain or dispose of the property for the changed use if the recipient's CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property. (c) If the change of use occurs after closeout, the provisions governing income from the disposition of the real property in Section 570.504(b) (4) or (5), as applicable, shall apply to the use of funds reimbursed. (d) Following the reimbursement of the CDBG program in accordance with paragraph (b) of this section, the property no longer will be subject to any CDBG requirements. ATTACHMENT "C" 24 CFR § 570.503 (a) Before disbursing any CDBG funds to a subrecipient, the recipient shall sign a written agreement with the subrecipi- ent. The agreement shall remain in effect during any period that the subrecipient has control over CDBG funds, including program income. (b) At a minimum, the written agreement with the subrecipient shall include provisions concerning the following items: (1) Statement of Work. The agreement shall include a description of the work to be performed, a schedule for completing the work, and a budget. These items shall be in sufficient detail to provide a sound basis for the recipient effectively to monitor performance under the agreement. (2) Records and Reports. The recipient shall specify in the agreement the particular records the subrecipient must maintain and the particular reports the subrecipient must submit in order to assist the recipient in meeting its recordkeeping and reporting requirements. (3) Pro ram I come. The agreement shall include the program income requirements set forth in Section 570.504(c). (4) Uniform Administrative Requirements. The agreement shall require the subrecipient to comply with applicable uniform administrative requirements, as described in Section 570.502. (5) Other Proqram Requirements. The agreement shall require the subrecipient to carry out each activity in compliance with all Federal laws and regulations described in sub- part K of these regulations, except that: (i) The subrecipient does not assume the recipient's environmental responsibilities described at Section 570. 604; and (ii) The subreclpient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. (6) Conditions for Reliqious Orqanizations. Where applica- ble, the conditions prescribed by HUB for the use of CDBG funds by religious organizations shall be included in the agreement. (7) Suspension and Termination.. The agreement shall specify that, in accordance with 24 CFR 85.43, suspension or termination may occur if the subre¢ipient materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. (8) Reversion of Assets. ~he agreement shall specify that upon its expiration the subrecipient shall transfer to the recipient any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. It shall also include provisions to the use of CDBG funds. It shall also include provi- sions designed to ensure that any real property under the subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: (i) Used to meet one of the national objectives in Section 570.208 until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the recipient; or (ii) Disposed of in a manner that results in the recipi- ent's being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property. (Reimbursement is not required after the period of time specified in paragraph (b) (8) (1) of this section.) ATTACHMENT "D" 24 CFR § 570.504 (a) Recording Proqram Income. The receipt and expenditure of program income as defined in Section 570.500(a) shall be recorded as part of the financial transactions of the grant program. (b) Disposition of Proqram Income Received by Recipients. (1) Program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable require- ments governing the use of CDBG funds. (2) If the recipient chooses to retain program income, that income shall affect withdrawals of grant funds from the U.S. Treasury as follows: (i) Program income in the form of repayments to, or interest earned on, a revolving fund as defined in Section 570.500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the U.S. Treasury for the same activ- ity. (This rule does not prevent a lump sum dis- bursement to finance the rehabilitation of private~ ly owned properties as provided for in Section 570.513.) (ii) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. (3) Program income on hand at the time of closeout shall continue to be subject to the eligibility requirements in Subpart C and all other applicable provisions of this part until it is expended. (4) Unless otherwise provided in any grant closeout agree- ment, and subject to the requirements of paragraph (b) (5) of this section, income received after closeout shall not be governed by the provisions of this part, except that, if at the time of closeout the recipient has another ongoing CDBG grant received directly from HUD, funds received after closeout shall be treated as program income of the ongoing grant program. (5) If the recipient does not have another ongoing grant received directly from HUD at the time of closeout, income received after closeout from the disposition of real property or from loans outstanding at the time of closeout shall not be governed by the provisions of this part, except that such income shall be used for activi- ties that meet one of the national objectives in Section 570.208 and the eligibility requirements described in section 105 of the Act. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER ONE TO THE AGREEMENT WITH THE CITY OF DENTONAND DENTON CITY-COUNTY DAY NURSERY TO PROVIDE FOR THE CONSTRUCTION OF IMPROVEMENTS TO DRAINAGE AND TO EXTEND THE AGREEMENT TERM ONE YEAR IN EXCHANGE FOR ADDITIONAL FEES; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is authorized to execute Amendment Number One to the Agreement between the city of Denton and city- County Day Nursery, ("Agreement") a copy of which is attached hereto. SECTION II. That the city Council is hereby authorized to expend funds in the amount of sixty-three Thousand One Hundred Eighty-nine Dollars ($63,189.00) as specified in the amended Agreement. SECTION III. That this ordinance shall become effective immed- iatelylupon its passage and approval. PASSED AND APPROVED this the~day of ,~ .~~, 1994. BOB CASTLEBERRY, MA7 ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY J:\WPDOCS\K\CCNURI.AMD ~ENDMENT NO. i TO AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY COMMENCING OCTOBER lv 1993 WHEREAS, THE CITY OF DENTON ("CITY") and THE DENTON CITY-COUNTY DAY NURSERY ("CONTRACTOR") entered into an Agreement Between the city of Denton and Denton city-County Day Nursery (,,Agreement") which commenced October 1, 1993; WHEREAS, CITY and CONTRACTOR desire to amend the Agreement to provide for the construction of improvements to drainage and extend the Agreement term one year in exchange for additional fees of $22,223; WITNESSETH 1. Section I of the Agreement is hereby and herewith amended to read as follows: "This Agreement Shall commence on or as of October 1, 1993, and shall terminate on September 30, 2005, unless adjusted by the CITY. Request for such an adjustment must be in writing and is to be submitted to the Community Development office." 2. Section II of the Agreement is hereby and herewith amended to read as follows: "CONTRACTOR shall perform the following services and activities in a satisfactory and efficient manner as determined by CITY in accordance with the terms of the Agreement: a. Ail services and activities described in Attachment "A" to the Agreement, b. Installation of surface and/or underground drainage running the length of the playground of the Denton City-County Day Nursery, c. Construction of burms on the Denton city-County Day Nursery area to divert runoff water to drain, d. Regrade and resod the Denton City-County Day Nursery playground, e. Removal of two (2) trees, f. Plant ten (10), three (3) inch red oaks, g. Replacement of pea gravel on all play areas." 3. Section III Paragraph A. of the Agreement is hereby and herewith amended to read as follows: "A. CITY shall provide funds in the amount of not more than $40,966 to assist the CONTRACTOR in the repair of flooring and walls at the facility located at 1603 Paisley, Denton, Texas. CITY shall also provide funds in the amount of not more than $22,223 to assist the CONTRACTOR in the improvement of drainage on and around said facility. The total amount of funds to be provided by CITY to assist CONTRACTOR for said improvements to said facility shall not exceed Sixty-three Thousand One Hundred Eighty-nine Dollars ($63,189)." 4. In all other respects, the terms and conditions of the Agreement, as executed by the parties remain in full force and effect. EXECUTED this the~t~day of ~ 1994. BOB CASTLEBERRY, :R~ ATTEST: JENNIFER WALTERS, CITY SECRETARY /I APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK ACTING CITY ATTORNEY DENTON CITY-COUNTY DAY NURSERY Ka~ ~Pet~fs TITLE~ Director PAGE 2 ATTACHMENT "A" This project shall consist of the replacement of all flooring in the Denton City-County Day Nursery. EXcept for the classrooms and bathrooms, vinyl flooring will be installed. Each classroom will be carpeted and the bathrooms will be tiled. In addition, new commercial wall coverings will be installed in the classrooms, restrooms and common areas to reduce maintenance. Two walls will be removed in the kitchen and office area for greater efficiency of space. Door ways are also being replaced to comply with ADA standards as necessary. Provided enough funding is available, lighting will be changed from incandescent to energy efficient florescent. WORKSTATEMENT City County Day Nursery Denton city County Day Nursery is a non-profit child care facility for low income families. Parents must be working, going to school, or looking for employment to be eligible. DCCDN is open Monday through Friday from 6:30 a.m. to 5:30 p.m. The staff consists of 8 teachers, 1 part-time aide, a cook,' an assistant director and director. The children are served breakfast, lunch and 2 snacks. Tuition is based on size of family and yearly income. ATTACHMENT "B" 24 CFR § 570.505 The standards described in this section apply to real property within the recipient's control which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards shall apply from the date CDBG funds are first spent for the property until five years after closeout of an entitlement recipient's participation in the entitlement CDBG program or, with respect to other recipients, until five years after the closeout of the grant from which the assistance to the property was provided. (a) A recipient may not change the use or planned use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made unless the recipient provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and either: (1) The new use of such property qualifies as meeting one of the national objectives in Section 570.208 and is not a building for the general conduct of government; or (2) The requirements in paragraph (b) of this section are met. (b) If the recipient determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under paragraph (a) (1) of this section, it may retain or dispose of the property for the changed use if the recipient's CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the.value attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property.. (c) If the change of use occurs after closeout, the provisions governing income from the disposition of the real property in Section 570.504(b) (4) or (5), as applicable, shall apply to the use of funds reimbursed. (d) Following the reimbursement of the CDBG program in accordance with paragraph (b) of this section, the property no longer will be subject to any CDBG requirements. ATTACHMENT "C" 24 CFR § 570.503 (a) Before disbursing any CDBG funds to a subrecipient, the recipient shall sign a written agreement with the subrecipi- ent. The agreement shall remain in effect during any period that the subrecipient has control over CDBG funds, including program income. (b) At a minimum, the written agreement with the subrecipient shall include provisions concerning the following items: (1) Statement of Work. The agreement shall include a description of the work to be performed, a schedule for completing the work, and a budget. These items shall be in sufficient detail to provide a sound basis for the recipient effectively to monitor performance under the agreement. (2) Records and Reports. The recipient shall specify in the agreement the particular records the subrecipient must maintain and the particular reports the subrecipient must submit in order to assist the recipient in meeting its recordkeeping and reporting requirements. (3) Pro ram I come. The agreement shall include the program income requirements set forth in Section 570.504(c). (4) Uniform Administrative Requirements. The agreement shall require the subrecipient to comply with applicable uniform administrative requirements, as described Section 570.502. (5) Other ProGram Requirements. The agreement shall require the subrecipient to carryout each activity in compliance with all Federal laws and regulations described in sub- part K of these regulations, except that: (i) The subrecipient does not assume the recipient's ....... es environmental responslDllltl described at Section 570. 604; and (ii) The subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. (6) Conditions for ReliGious Orqanizations. Where applica- ble, the conditions prescribed by HUB for the use of CDBG funds by religious organizations shall be included in the agreement. (7) Suspension and Termination. The agreement shall specify that, in accordance with 24 CFR 85.43, suspension or termination may occur if the subrecipient materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. (8) Reversion of Assets. ~he agreement shall specify that upon its expiration the subrecipient shall transfer to the recipient any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. It shall also include provisions to the use of CDBG funds. It shall also include provi- sions designed to ensure that any real property under the subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: (i) Used to meet one of the national objectives in Section 570.208 until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the recipient; or (ii) Disposed of in a manner that results in the recipi- ent's being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property. (Reimbursement is not required after the period of time specified in paragraph (b) (8) (1) of this section.) ATTACHMENT "D" 24 CFR § 570.504 (a) Recording Proqram Income. The receipt and expenditure of program income as defined in Section 570.500(a) shall be recorded as part of the financial transactions of the grant program. (b) Disposition of ProGram Income Received by ReciDients. (1) Program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable require- ments governing the use of CDBG funds. (2) If the recipient chooses to retain program income, that income shall affect withdrawals of grant funds from the U.S. Treasury as follows: (i) Program income in the form of repayments to, or interest earned on, a revolving fund as defined in Section 570.500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the U.S. Treasury for the same activ- ity. (This rule does not prevent a lump sum dis- bursement to finance the rehabilitation of private~ ly owned properties as provided for in Section 570.513.) (ii) substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. (3) Program income on hand at the time of closeout shall continue to be subject to the eligibility requirements in Subpart C and all other applicable provisions of this part until it is expended. (4) Unless otherwise provided in any grant closeout agree- ment, and subject to the requirements of paragraph (b) (5) of this section, income received after closeout shall not be governed by the provisions of this part, except that, if at the time of closeout the recipient has another ongoing CDBG grant received directly from HUD, funds received after closeout shall be treated as program income of the ongoing grant program. (5) If the recipient does not have another ongoing grant received directly from HUD at the time of closeout, income received after closeout from the disposition of real property or from loans outstanding at the time of closeout shall not be governed by the provisions of this part, except that such income shall be used for activi- ties that meet one of the national objectives in Section 570.208 and the eligibility requirements described in section 105 of the Act.