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.