HomeMy WebLinkAboutC2023-254 - 8/8/2023 - Approved DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
CORPUS CHRISTI POLICE ATHLETIC LEAGUE
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This Agreement ("Agreement") is made and entered into between the City of Corpus
Christi, a Texas home-rule municipal corporation ("City"), acting through its City
Manager or the City Manager's designee ("City Manager"), and the Corpus Christi
Police Athletic League ("CC-PAL"), 702 South Brownlee Blvd., Corpus Christi, Texas
("Subrecipient"), a Texas nonprofit corporation organized under the laws of the State of
Texas.
WHEREAS, the City has allocated One Hundred Fifty-One Thousand Nine Hundred
Fifty-Five Dollars ($151,955) from the FY2024-PY2023 Community Development
Block Grant ("CDBG") Program to be make improvements to the Subrecipient's Public
Youth Facility and Gym at 702 South Brownlee Boulevard, Corpus Christi, Texas ("CC-
PAL Facility");
WHEREAS, the City desires to assist Subrecipient with CDBG funding to improve the
Corpus Christi-Police Athletic League Building at 702 South Brownlee Blvd, Corpus
Christi, Texas (the "Project") to improve programs provided to Low- and Moderate-
Income youths in the Corpus Christi, Texas area;
WHEREAS, the Subrecipient desires to make improvements to the interior and exterior
of the CC-PAL Facility and Gym to provide better program activities for Low- and
Moderate-Income youths within the City of Corpus Christi and throughout the
community served by Subrecipient in conformity with 24 CFR 570.208, as amended;
and
WHEREAS, the City wishes to encourage and promote the services provided by the
Subrecipient, there being a genuine need for these services in the City of Corpus
Christi.
NOW, THEREFORE, the City and the Subrecipient agree as follows:
SECTION 1. TERM OF AGREEMENT
1.1 Term of Agreement. This Agreement commences following execution of this
Agreement by both parties to the Agreement. The effective date of the Agreement shall
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be the date this Agreement is signed by the City. This Agreement shall terminate on
September 30, 2024, unless the improvements to the Project are completed sooner
and are accepted by the City prior to September 30, 2024. This Agreement may also be
terminated by the City early for cause or for convenience as provided herein.
SECTION 2. SCOPE, BUDGET, SCHEDULE, AND PAYMENT REQUIREMENTS.
2.1 Scope of Work. As directed by 24 CFR 570.503, the Subrecipient shall
complete the work outlined in the funding proposal that was submitted and approved
by the Corpus Christi City Council for FY2024-PY2023, such proposal being
incorporated into this Agreement by reference as if fully set out in this Agreement. The
Subrecipient, through its contractors and subcontractors, will perform the following
necessary renovations and improvements to the CC-PAL Youth Facility and Gym
located at 702 South Brownlee Blvd. Corpus Christi, TX 78401, to include but is not
limited to, exterior painting of building, installation of telescoping bleachers, ceiling
suspended basketball backstops, and volleyball score clocks, extension of the
attached exterior storage room for additional storage and remodel of the concession
stand ("Improvements").
2.2 Purpose. The Improvements described herein for the Project will be used to
carry out Subrecipient's proposed agency activities by September 30, 2024. The
Improvements will be targeted for programs that benefit youth dependents of low-
and moderate-income families. All Improvements must be constructed in accordance
with the plans and specifications ("Plans") prepared by the Subrecipient's registered
architect or licensed Professional Engineer retained pursuant to subsection 8.4 of this
Agreement. No construction may commence on the Project until the Plans and
Specifications are approved by the PCCD Grant Monitoring Manager ("Manager") and
by the City's Development Services Department ("Development Services").
2.2 Subrecipient Capital Contribution Funds Requirement. The Subrecipient must
have financial and staff capacity to support the Subrecipient's low- and moderate-
income youth program services in order to successfully carry out the improvements to
be paid with CDBG funds.
2.3 Budget and Construction Schedule. The Subrecipient has provided an esti-
mated project budget and project construction schedule ("Project Budget and
Construction Schedule") based upon the proposed Improvements listed above and as
are described within this Agreement, which Project Budget and Construction Schedule
is attached to this Agreement as Exhibit A and is incorporated into this Agreement by
reference. Subrecipient in support of Exhibit A, shall maintain records of emergency
shelter improvement assessments conducted to determine the construction cost
breakdowns assisted with CDBG funds.
2.4 Modifications. Modifications or revisions to the scope of the Project discussed in
the RFP response, which scope formed the basis for this Project to receive Funds,
may be made only pursuant to the prior written approval of the City Manager or his
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duly authorized designee.
2.5 Requests for Payment.
(A) All requests for payment made pursuant to this Agreement must be submitted to
the Administrator.
(B) Payments for the Improvements will be made based upon the Subrecipient
submitting payment reimbursement with appropriate documentation of the work
completed, including an itemized cost breakdown reflecting costs incurred and
assisted with CDBG funds. Appropriate documentation includes but not limited to:
paid invoices; canceled checks; signed timesheets; payroll and wire transfers.
(C) No payments will be made without an inspection by Housing and Community
Development (PCDD) staff affirming that the work has been completed.
(D) If there is a delay, the Administrator or the Administrator's designee
("Administrator") of the City's Planning & Community Development Department
("PCDD"), Administrator may require that the Subrecipient provide a written
explanation to delay of construction activities.
(E) All payments will be adjusted according to the actual construction cost, supported
by emergency shelter improvement assessments conducted, and in no event may
any payment exceed the funded amount.
2.6 Periodic Performances Reports. The Subrecipient shall submit periodic perfor-
mance reports to the Administrator that recite progress for the period and advising of
any problems encountered. A performance report must be provided with each request
for payment and/or monthly, whichever comes first.
SECTION 3. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS
AND OTHER PROGRAM REQUIREMENTS.
3.1 Construction and Operations Records. The Subrecipient shall provide access to
all original records, reports, and audits including, without limitation, all agreements,
client intake documentation and assessments assisted with CDBG funds. invoices.
payment and payroll records; bank records; plans and specifications for the CC-PAL
Improvements Project; plans written and drawn pursuant to this Agreement; change
orders; contracts between the Subrecipient and its contractor(s), between contractor(s)
and their subcontractor(s), and if applicable, between the Subrecipient and its registered
architect(s) or licensed professional engineer(s); communications and correspondence
with regard to any contracts and subcontracts pertaining to this Agreement; affidavits
executed pursuant to this Agreement; documentation of clientele being benefited by the
Improvements and Project paid for with CDBG funds (i.e., households served, etc.)
which pertains to the CC-PAL Project funded with CDBG funds; and all written
obligations pursuant to this Agreement, including, but not limited to, all information on
leveraging of funds required under this Agreement, if any, during regular business hours
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for any purposes of the City, the United States' Department of Housing and Urban
Development ("HUD"), or both, to conduct audits and monitoring.
3.2 Equal Participation Documentation. Subrecipient shall keep and provide access
to records documenting compliance with Section 109 of the Housing and Community
Development Act of 1974 [42 United States Code ("U.S.C.") §5309], as amended, which
requires that no person shall, on the ground of race, color, national origin, religion, or
sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with community
development funds made available pursuant to the Act. Any prohibition against
discrimination on the basis of age under the Age Discrimination Act of 1975, as
amended, or with respect to an otherwise qualified disabled individual, as provided in 29
U.S.C. §794, as amended, also applies to this Agreement. Subrecipient shall ensure
compliance with 24CFR570.208(a)(3), Section 105(a)(4), CFR570.202,
CFR570.506(b)(4)(iii), and CFR570.3; Title VI of the Civil Rights Act of 1964 and as
amended in 1988; Fair Housing Act (42 U.S.C. 3601-3619); Title VII of the Civil Rights
Act of 1968 (Fair Housing Act); Section 504 of the Rehabilitation Act of 1973.
3.3 Information and Reports. Subrecipient shall provide any information, reports,
data, and forms pertinent to this Agreement as the PCDD Manager may, from time to
time, request for the proper administration of this Agreement. The Subrecipient shall
adhere and comply with the reporting requirements mandated for the Performance
Measurement System, administered by the City, as a condition of receiving funds under
this Agreement.
3.4 2 CFR Part 200. Subrecipient shall comply with the requirements 2 CFR Part
200, as each may be amended, as follows:
a. All of Subpart A, Acronyms and Definitions;
b. All of Subpart B, General provisions, except for §§ 200.1117 200.112 and
200.113. However, Subrecipient must comply with the Conflict of Interest
provisions in 24 CFR 570.611;
c. All of Subpart C, Pre-Federal Award Requirements and Contents of Federal
Awards, except for §§ 200.202 and 200.206;
d. All of Subpart D, Post Federal Award Requirements, except for §§ 200.3037
200.3067 200.3077 200.3117 200.3137 200.330-3327 200.327 and 200.339. In
lieu of § 200.307 Subrecipient shall follow Program income requirements in 2
CFR 570.504. In lieu of §200.311 Subrecipient shall follow Real Property
provisions in 24 CFR 570.505. In lieu of § 200.313 Subrecipient will follow
Section 5.4 of this Agreement as it relates to Equipment. In lieu of § 200.333
Subrecipient will follow the Records Retention requirements in Section 3.6 of
this Agreement. In lieu of the provisions of § 200.339 Subrecipient will comply
with the Termination provisions listed in Section 4 of this Agreement and 24
CFR 250.503(b)(7).
e. All of Subpart E, Cost Principles; and
f. All of Subpart F, Audit Requirements.
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3.5 Compliance Documentation. Subrecipient shall keep and provide access to
records documenting compliance with the rules and regulations contained in Title 24,
Chapter 570, et. seq., of the Code of Federal Regulations ("CFR"), including, but not
limited to, 570.208(a)(3) and 570.506(b)(4)(iii), Subpart K, Sections 570.603, Labor
Standards; 570.607, Employment and Contracting Opportunities; 570.608, Lead-Based
Paint; 570.609, Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients;
570.610, Uniform Administrative Requirements and Cost Principles; and 570.611,
Conflict of Interest. If there is a conflict of interest with any employee, agent, consultant,
officer, or member of the Board of Directors of the Subrecipient, the person with the
conflict and the nature of the conflict must be identified, by name and title, and this
information must be submitted in writing to the PCCD Manager prior to starting work on
the Project.
3.6 Equal Employment Opportunity. Subrecipient shall comply with all applicable
Federal Equal Employment Opportunity regulations, including, but not limited to,
Executive Order 11246, as amended, and Section 3 of the Housing and Urban Develop-
ment Act of 1968 as set forth in 24 CFR 570.607, as amended, and shall require compli-
ance with the aforementioned laws and regulations in all contracts the Subrecipient
enters into with respect to construction of the Improvements.
3.7 Request for Bids/Proposals. Subrecipient shall comply with requirements of 2
CFR Part 200.318 as amended, and all State and local procurement requirements with
regard to solicitation of bids and proposals for construction of the Improvements, if
applicable, and shall provide such records to representatives of HUD, the PCCD
Manager upon request.
3.8 Real Property Acquisition. The Subrecipient shall comply with requirements of 49
CFR Part 24, Subpart B, as amended, and all State and local acquisition requirements
with regard to acquisition of property, if applicable, and shall provide such records to
representatives of HUD, the PCCD Manager, or the Administrator upon request.
3.9 Accessibility. The Subrecipient shall comply with Title II the Americans with
Disabilities Act of 1990, as amended, and with the rules and regulations published in 28
CFR Part 36, as amended, and all State and local requirements regarding disabled
accessibility. Section 104(b)(2); Housing for Older Persons Act (HOPA) of 1995 and all
other applicable local, State and federal laws.
3.10 Religious Organizations. The Subrecipient shall comply with requirements
regarding religious organizations, as set forth in 24 CFR 570.2000) & 507.207, as
amended.
SECTION 4. SUSPENSION AND TERMINATION.
4.1 Termination by the City. The City may terminate this Agreement in whole or in
part in accordance with 2 CFR 200.339(a)(1) and (2), as amended, if the Subrecipient
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materially fails to comply with any term of the CDBG Program award or this Agreement
or for other cause.
4.2 Termination for Convenience. This Agreement may be terminated in whole or in
part for convenience in accordance with 2 CFR 200.339(a)(3) and (4), as amended.
This Agreement may be terminated by the City with the consent of the Subrecipient, in
which case the two parties must agree upon the termination conditions, including the
effective date and, in case of partial termination, the portion to be terminated. The
Subrecipient may terminate this Agreement by sending the City written notification
setting forth the reasons for such termination, the effective date, and, in the case of
partial termination, the portion to be terminated. However, if the City determines in the
case of partial termination that the reduced or modified portion of the award will not
accomplish the purposes for which the award was made, the City may terminate the
Agreement in its entirety.
4.3 Remedies for Non-compliance. Pursuant to the provisions cited in Section 4 of
this Agreement, to Federal rules and regulations applicable to the Subrecipient, HUD
guidelines, and 2 CFR 200.338 if any deficiencies are discerned by or through
monitoring of this Agreement, the City may impose additional conditions, as described
in 2 CFR 200.207. If the City determines that noncompliance cannot be remedied by
imposing additional conditions then the Administrator may take one or more of the
following actions, as appropriate in the circumstances: temporarily withhold cash
payments pending correction of the deficiencies, disallow all or part of the cost of the
activity or action not in compliance, wholly or partly suspend or terminate the current
award, withhold further awards, or take any other remedies that may be legally
available.
4.4 Termination Notice. Either party may terminate this Agreement, during the term of
this Agreement, as of the last day of any month upon thirty (30) days prior written no-
tice. The party terminating this Agreement must comply with subsections 4.1 and 4.2 of
this Agreement and all other provisions of this Agreement providing responsibilities in
the event of termination. Additionally, the City must comply with the notification of
termination requirements in 2 CFR 200.340.
4.5 Effects of Suspension and Termination. Costs to the Subrecipient resulting
from obligations FY2024-PY2023 incurred by the Subrecipient during a suspension or
after termination of a Federal award or subaward are not allowable unless the City
expressly authorizes them in the notice of suspension or termination or in a future
Amendment of this Agreement.
However, costs during suspension or after termination are allowable if:
(a) The costs result from obligations which were properly insured by the
Subrecipient before the effective date of suspension or termination, are not in
anticipation of it; and
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(b) The costs would be allowable if the Federal award was not suspended or
expired normally at the end of the period of performance in which the termination
takes effect.
4.6 Termination. Upon a termination of this Agreement, the Subrecipient agrees to
refund to the City all CDBG Program funds expended on the Improvements. If the
Subrecipient cannot refund all such money within thirty (30) days of the termination
notice, the City may take whatever action is necessary to reimburse the City as set out
in 2 CFR 200.338 and 200.339, as each may be amended. Notwithstanding this
provision, the Reversion of CDBG Funds provision, set out in Section 5 of this
Agreement, also applies to the Subrecipient's CDBG Program funds on hand, accounts
receivable, and real property under the Subrecipient's control.
SECTION 5. REVERSION OF CDBG FUNDS.
5.1 Meeting National Objective. The Subrecipient shall ensure households assisted
by the Project meet applicable HUD FY2024-PY2023 Income guidelines and national
objectives set forth in 24-CFR 570.208(a)(3) and CFR570.506(b)(4)(iii); as amended,
during the term of this Agreement. Subrecipient shall submit demographics within thirty
(30) days after all FY2024 CDBG funds are expended or as requested by PCDD.
5.2 Improvements Not Used to Meet National Objective. In the event that the
Subrecipient fails to meet the National Objectives outlined in Section 5.1 above with
the Improvements made to the Project as outlined in this Agreement, then
Subrecipient shall reimburse the City for the CDBG funds received by the Subrecipient
as follows:
(A) Failure to meet national objective: The Subrecipient must reimburse the total award
of CDBG funds received under this Agreement.
(B) Failure to use all CDBG funds: In the event that Subrecipient does not encumber
or spend all CDBG funds for the Project as set forth in this Agreement, the
remainder of CDBG funds will be reimbursed to the City.
5.3 No Election of Remedies. Should the City pursue a remedy under subsection 5.2
of this Agreement, or another remedy provision set out in this Agreement, this action
shall not bar the application and use of any other remedy allowed by law or that may be
enforced by the City pursuant to 24 CFR 570.503, as amended.
SECTION 6. PROGRAM INCOME.
6.1 Disposition of Program Income. Program income received by the Subrecipient
as a result of this Agreement, if any, may be retained by the Subrecipient. Any such
program income must be used to support the CC-PAL Youth Facility and Gym
programs for low and moderate-income individuals and individuals with disabilities
within the City of Corpus Christi and throughout the community served by the
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Subrecipient in conformity with 24 CFR 570.208, as amended. The Subrecipient shall
report program income to the City annually, during the term of this Agreement, not later
than October 1 for the previous year ending September 30th.
6.2 Accounting for Program Income. The receipt and expenditure of program
FY2024-PY2023 Income as defined in 24 CFR 570.500 shall be recorded as part of the
financial transactions. Subrecipient shall report program income to the City annually,
during the term of this Agreement, not later than October 1 for the previous year ending
September 30th. Subrecipient shall comply with 2 CFR 200.307, as amended, with
reference to program income, if applicable.
SECTION 7. INSURANCE AND INDEMNITY PROVISIONS.
7.1 Insurance. Subrecipient shall have in force, throughout the term of this
Agreement, insurance that complies with the standards in Exhibit B, a copy of which is
attached to this Agreement and is incorporated in this Agreement by reference. A
certificate to that effect must be provided to the City's Risk Manager ("Risk Manager")
and the Manager at least ten (10) days prior to any construction on the Project. Failure
to maintain any of the types and limits of the insurance required by Exhibit B is cause
for the City to terminate this Agreement and cancel any and all reimbursements of
CDBG funds to the Subrecipient.
7.2 Notice to City. The Subrecipient shall require its insurance companies, written
policies, and certificates of insurance to provide that the City must be given thirty (30)
days advance notice by the insurer prior to cancellation, nonrenewal, or material change
of the insurance policies required by Exhibit B. Failure on behalf of the Subrecipient to
provide the City thirty (30) days advance notice of changes to required insurance
documents, the City may cancel any and all reimbursements of CDBG funds to the
Subrecipient.
7.3 Right to Re-evaluation and Adjustment of Limits. The Risk Manager retains the
right to re-evaluate the insurance requirements during the term of this Agreement and
adjust the types and limits of such insurance upon thirty (30) days written notice to the
Subrecipient. Insurance types and limits may not be adjusted more frequently than
once per year.
7.4 Indemnification.
(A)Subrecipient shall indemnify, hold harmless and defend the City,
its officers, officials, employees and agents ("Indemnitees") from
and against any and all liability, loss, damages, claims, demands,
causes of action, and judgments of any nature on account of
personal injuries, property loss or damage (including without
limitation to the foregoing, workers' compensation and death
claims) which arise out of or in connection with this Agreement or
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the performance of this Agreement, regardless of whether the
injuries, death, loss, or damage are caused by or are claimed to be
caused by the concurrent or contributory negligence of
Indemnitees, but not by the sole negligence of Indemnitees
unmixed with fault of any other person. Subrecipient must, at its
own expense, investigate all claims and demands, attend to their
settlement or other disposition, defend all actions based thereon
with, to the extent permitted by insurance coverage maintained by
Subrecipient under this Agreement, counsel reasonably
satisfactory to Indemnitees, and pay all charges of attorneys and
all other costs and expenses of any kind arising from any liability,
loss, damages, claims, demands or causes of action.
(B) These terms of indemnification shall be effective upon the date of
execution of this Agreement by both parties and whether such
injury or damage may result from the contributory negligence or
concurrent negligence of Indemnitees, but not if such damage or
injury may result from the sole negligence or willful misconduct of
Indemnitees.
(C) Subrecipient covenants and agrees that, in case the Indemnitees
(or any one of the Indemnitees) are made a party to any litigation
against the Subrecipient or in any litigation commenced by any
party other than the Subrecipient relating to this Agreement and
the Improvements to the Project contemplated under this
Agreement, the Subrecipient shall, upon receipt of reasonable
notice and at its own expense, investigate all claims and demands,
attend to their settlement or other disposition, defend Indemnitees
in all actions based thereon with legal counsel satisfactory to the
City Attorney, and pay all charges of attorneys and all other costs
and expenses of any kind whatsoever arising from any said
claims, demands, actions, damages, losses, costs, liabilities,
expenses, or judgments.
(D) The provisions of this section survive the termination or expiration
of this Agreement.
SECTION 8. SUBRECIPIENT'S REQUIREMENTS.
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8.1 Precontracting Conference. The Subrecipient has attended a precontracting
conference with City representatives either in person or by virtual conference prior to
Subrecipient's execution of this Agreement.
8.2 Pre-Bid and Pre-Construction Meetings. Subrecipient and all of its identified
architects and engineers (if applicable), and contractors and subcontractors must attend
a pre-bid and a pre-construction meeting with PCDD staff and/or Development
Services staff prior to any improvements being started on the Project. Failure to do so
may result in the Subrecipient being ineligible to receive the CDBG funds awarded and
allocated to the Subrecipient under this Agreement.
8.3 Pledged Contribution. Subrecipient shall provide any additional funds needed for
the completion of the Improvements. Subrecipient shall provide documentation
indicating funding source(s) or other proof as may be required by the Administrator.
8.4 Professional Services Subrecipient shall retain professional services and all
necessary contractors for construction of the Improvements in accordance with 2 CFR
Part 200.459, as amended, and construct Improvements in accordance with final plans
and specifications and the schedule submitted to PCDD as set out in subsections 2.1
and 2.3 of this Agreement. Subrecipient shall ensure that professional services,
relating to the construction of the Improvements, are retained and that the construction
of the Improvements is properly supervised.
8.5 Change Order Procedure. A change order procedure must be instituted to make
changes in the plans or specifications or to decrease or increase the quantity of work to
be performed or materials, equipment, or supplies to be furnished for the
Improvements. Subrecipient shall maintain records of all change orders and make
them available for review, as requested by the PCCD Manager. Any money expended
by the Subrecipient by change order or modification on this Project which was not first
reviewed and approved in writing by the PCCD Manager, may not be eligible for CDBG
Fund reimbursement and Subrecipient shall bear all such costs associated with
unapproved changes.
8.6 Staff and Administrative Support. Subrecipient shall provide sufficient staff and
administrative support to supervise the construction of the Improvements.
8.7 Use of Funds. Subrecipient covenants that all CDBG funds expended under this
Agreement will be used solely for the activities described in this Agreement.
Subrecipient shall reimburse the City for all funds expended for activities not related to
the purpose and activities described in this Agreement or that violate Federal or State
laws.
8.8 Accounting and Audit. Subrecipient shall record financial transactions according
to approved accounting procedures and provide an independent audit of the
expenditures in accordance with 2 CFR Part 200.501, as amended. Such audit must be
completed within ninety (90) days after the Improvements are completed. A copy of
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the audit must be provided to the City within thirty (30) days of completion of the audit.
If the audit shows discrepancies between amounts charged the Subrecipient and
amounts reimbursed to the Subrecipient by the City, a resolution of the discrepancies
must be made within sixty (60) days from receipt of the audit by the City. If the
Subrecipient owes the City money in resolution of the discrepancies, the money must
be paid within sixty (60) days from receipt of the audit by the City or the Subrecipient is
in default pursuant to this Agreement. External Audits must be submitted to the City no
later than 30 days after received until five (5) years after the projects has been closed.
8.9 Completion Date of Construction. Subrecipient shall complete construction of
the Improvements for the Project by September 30, 2024. If the Subrecipient is
rendered unable to carry out the terms of this subsection, Subrecipient shall promptly
give the City written notice of such delay together with reasonable particulars
concerning it. The PCCD Manager may extend the construction time schedule for such
time as may be deemed necessary and justified. (An extension of the term is addressed
in Section 10.)
SECTION 9. CITY'S REQUIREMENTS.
9.1 Commitment of Funding for Improvements. The City shall provide the
Subrecipient up to One Hundred Fifty-One Thousand Nine Hundred Fifty-Five
Dollars ($151,955) from the FY2024-PY2023 CDBG Program in reimbursements for
the Improvements to CC-PAL Project as described in Section 2 of this Agreement and
in accordance with assessments, budget, and construction schedules made a part of
this Agreement, subject to the Subrecipient's compliance with the provisions of this
Agreement.
9.2 Additional Funds. Nothing in this Agreement may be construed as requiring the
City to provide additional construction funds to the Subrecipient at any time in the future.
SECTION 10. GENERAL PROVISIONS.
10.1 Term. This Agreement terminates September 30, 2024. Extensions to the term
of this Agreement may be requested by the Subrecipient and approved by the PACD
Manager or designee. However, the Subrecipient is bound by all covenants, terms, and
conditions of this Agreement including, without limitation, recordkeeping, for a period of
five (5) years commencing on the date of the Subrecipient's execution of this
Agreement, unless a specific bound period is shorter or longer as may be stated in this
Agreement.
10.2 Objective. The Subrecipient shall monitor the improvements made to the
emergency shelter improvements assisted with CDBG funds for one (1) year after
project is deemed closed by the City, to further the primary objective of the Housing and
Community Development Act as outlined in 24 CFR 570.200 and 570.208, as each may
be amended, and will make all improvements by September 30, 2024, and provide
programs to help low and moderate income individuals and individuals with disabilities
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improve the quality of their lives and reach their maximum potential for independence
and at all times in accordance with HUD's Community Development Block Grant
regulations and guidelines and all local, State, and Federal requirements and laws.
10.3 Licensing. The Subrecipient shall obtain and maintain any certificates and
licenses that are required of the Subrecipient, for the construction rehab, as required by
the United States, the State of Texas, the City, and any other agencies having
regulatory jurisdiction over the Subrecipient.
10.4 Maintenance. The Subrecipient shall furnish all maintenance and improvements
assisted with CDBG funds as necessary under Subrecipient's Program services
guidelines.
10.5 Default. In the event the Subrecipient ceases to meet all the requirements, in
accordance with the terms of this Agreement or commits any other default in the terms
of this Agreement, the City is herein specifically authorized to demand reimbursement of
the CDBG funds paid to the Subrecipient and, in the event the City is not promptly
repaid, the City may seek legal action in any manner the City deems necessary towards
Subrecipient for reimbursement of all or portion of the FY24-PY23 CDBG funds to the
City.
10.6 No Liability. In no event is the City liable for any contracts made by or entered
into by the Subrecipient with any other person, partnership, association, firm,
corporation, or governmental entity.
10.7 Notices.
(A) All notices, demands, requests, or replies provided for or permitted under this
Agreement, by either party must be in writing and must be delivered by one of the
following methods: (1) by personal delivery; (2) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery
service, for which service has been prepaid; or (5) by fax transmission.
(B) Notice deposited with the United States Postal Service in the manner described
above will be deemed effective two (2) business days after deposit with the United
States Postal Service. Notice by telegram or overnight express delivery service will
be deemed effective one (1) business day after transmission to the telegraph
company or overnight express carrier. Notice by fax transmission will be deemed
effective upon transmission, with proof of confirmed delivery.
(C) All such communications must only be made to the following:
FY2024-PY2023 CDBG CC-PAL Page 12 of 16
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
If to the City: If to the Subrecipient:
City of Corpus Christi Corpus Christi Police Athletic League
Attn: Leticia Kanmore, Administrator Attn: Ronald Zerbies
Planning & Community Development 702 South Brownlee Blvd.
1201 Leopard St. Corpus Christi, TX 78401
Corpus Christi, TX 78401-2825 (361) 816-0542
(361) 826-3816 Office (361) Fax
(361) 826-3005 Fax
With a copy to:
City of Corpus Christi
Attn: Daniel McGinn, Director
Planning & Community Development Department
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-3021 Office
(361) 826-3005 Fax
(D) Either party may change the address to which notice is sent by using a method
Set out above. The Subrecipient shall notify the City of an address change within
10 (ten) working days after the address is changed.
10.8 No Assignment. The Subrecipient may not assign, mortgage, pledge, or transfer
this Agreement or any interest in the Improvements or the Project without the prior
written consent of the City Manager, or his authorized designee.
10.9 Nonexclusive Services. Nothing in this Agreement may be construed as
prohibiting the Subrecipient from entering into contracts with additional parties for the
performance of services similar or identical to those enumerated in this Agreement, and
nothing in this Agreement may be construed as prohibiting the Subrecipient from
receiving compensation from such additional contractual parties, provided that all other
terms of this Agreement are fulfilled.
10.10 Breach of Agreement. Notwithstanding any other provisions of this Agreement,
should the Subrecipient breach any section or provision of this Agreement including,
without limitation, the failure to pay taxes, assessments, or other government charges,
the breach shall be remedied in accordance with subsection 4.3 of this Agreement and
any other applicable subsections. If repayment is required as a remedy, other remedies
may be pursued, as deemed necessary by the City Manager, if repayment is not made.
The City is entitled to reasonable attorney's fees in any court action arising out of this
Agreement.
10.11 Modifications. Modifications to this Agreement are not effective unless signed
by a duly authorized representative of each of the parties to this Agreement.
FY2024-PY2023 CDBG CC-PAL Page 13 of 16
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
Modifications which do not change the essential scope and purpose of this Agreement
may be approved on behalf of the City by the City Manager.
10.12 Validity. If, for any reason any section, paragraph, subdivision, clause, phrase,
word, or provision of this Agreement is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this Agreement, for it is the definite
intent of the parties to this Agreement that every section, paragraph, subdivision,
clause, phrase, word, and provision of this Agreement be given full force and effect for
its pur-pose.
10.13 Jurisdiction and Venue. The laws of the State of Texas govern and are appli-
cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces
County, Texas, where this Agreement was entered into and must be performed.
10.14 Warranty from Contractor. Upon the Subrecipient's receipt of a copy of the
Architect/Engineer's certificate (if applicable) or prime contractor of substantial
completion, the Subrecipient shall only look to the architects, engineers, contractors,
subcontractors, manufacturers, and their respective warranties to remedy any defects in
design, workmanship, or materials, and the Subrecipient covenants and agrees that the
City has no responsibility for any defects of any kind or nature whatsoever, even if it is
alleged such defect is due to the City's negligence. The City must be a third-party
beneficiary to the Subrecipient's contracts affecting the Improvements, and all
warranties and duties under such contracts must be in favor of the Subrecipient and the
City.
10.15 Copies of Rules and Regulations. Copies of some of the Federal rules and
regulations referenced in this Agreement have been provided to the Subrecipient at the
precontracting conference as evidenced by the Subrecipient's CDBG Compliance
Affidavit, which is attached to this Agreement as Exhibit C and incorporated in this
Agreement by reference. Any failure, by the City, to supply the Subrecipient with any
other Federal rules and regulations which may be applicable to the Subrecipient,
improvements, CDBG funding, or to recipients of Federal funds does not waive the
Subrecipient's required compliance in accordance with Federal law.
10.16 Disclosure of Interests. In compliance with Section 2-349 of the City's Code of
Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form,
which is attached to this Agreement as Exhibit D, the contents of which, as a
completed form, are incorporated in this document by reference as if fully set out in this
Agreement.
10.17 Acknowledgment of Funding Source. The Subrecipient shall give credit to the
City's CDBG Program as the project funding source in all presentations, written
documents, publicity, and advertisements regarding the Improvements. The
Subrecipient agrees to acknowledge the sponsorship of the City of Corpus Christi at any
event promoting the project or any other project sponsor.
FY2024-PY2023 CDBG CC-PAL Page 14 of 16
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
10.18 Certification Regarding Lobbing. In compliance with federal law, the
Subrecipient shall execute Exhibit E, the contents of which, as a completed form,
are incorporated in this document by reference as if fully set out in this
Agreement.
(EXECUTION PAGES FOLLOW)
FY2024-PY2023 CDBG CC-PAL Page 15 of 16
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
Executed on this date 12/6/2023
ATTEST: City of Corpus Christi
DocuSigned by: DacuSigned by:
o rta SebretarybaVWGIffl -, Director
Planning & Community Development
orri mn11ri Authorized By
APPROVED AS TO FORM:
DocuSignedby: Council 8/8/2023 Er-;/s
rlcc�rtc�tVlx ,Rl11A A� ,.-g�4 4/2023
ue,Salinas-Bazan
Assistant City Attorney
SUBRECIPIENT: CORPUS CHRISTI POLICE ATHLETIC LEAGUE
DacuSigned by:
r6VA� &S 12/5/2023
i 1D#,ector or Designee Date
ATTEST:
DacuSigned by:
Exhibit A: Project Budget & Program Schedule
Exhibit B: Insurance Requirements
Exhibit C: CDBG Compliance Affidavit
Exhibit D: Disclosure of Interest Form
Exhibit E: Lobbying Disclosure Form
Appendix 1: HUD's Community Development Block Grant Regulations
FY2024-PY2023 CDBG CC-PAL Page 16 of 16
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
EXHIBIT A
PRELIMINARY BUDGET & CONSTRUCTION SCHEDULE
Organization: Corpus Christi Police Athletic League
Project Name: CCPAL Revitalization Plan
Capital Contribution: $ 0.00
Other Funds: s-0.00
Total Project Cost: $ 151,955.00
Prepared by: Ronald Zerbies Rev. Date: 09/08/2023
PRELIMINARY BUDGET
Project Financial Resources:
(Funds available to complete your project)
AMOUNT
• Fund FY24PY23 CDBG Program ..................................... $ 151,955.00
• Other Committed Funding (Charity League)..................... $0.00
• Capital Contribution from Agency................................ $0.00
Other...(Specify) ......................................................... $ 0.00
• TOTAL FUNDS AVAILABLE FOR PROJECT.................... $ 151,955.00
Estimated Expenses to Complete Project:
List estimated expenses to complete your project such as:
AMOUNT
• Metal Building Shell & Foundation ($142,375) (Completed by Agency) $ 0.00
• Land Survey, Soil Testing. .............................................. $-L0-0
• A/E Professional Fees (12%)........................................... $NA
• Bid Advertising, Printing, Etc .................................. ......... $NA
• Construction Cost & Contingencies.................................. $87,000
• Other Expenses ADA/& Other Certifications ...................... $86,955
• TOTAL PROJECT COST................................................ $ 151,955.00
NOTE: "Total Funds Available for Project" shall be equal to "Total Project Cost"
PRELIMINARY CONSTRUCTION SCHEDULE
(Projected dates for completion of key project phases)
KEY PROJECT PHASES PROJECTED DATE
Enter month, day, and year.
• Facility Acquisition ...................................................... N/A
• Platting: Soil Testing; Environmental; Other........................ 08/11/2023
• Procurement of Architect/Engineer(A/E) Services.............. Jan1,2024
• Design Phase ............................................................ Jan 1, 2024
• Advertising/ Bid Opening .............................................. NA
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
• Awarding Construction Contract ..................................... NA
• Commencement of Construction..................................... Jan1,2024
• Construction at 100% Completion ................................... Sep 2024
• Contingencies ............................................................... NA
A FINALIZED Budget and Construction Schedule shall be submitted ten (10)days prior to award any construction contract,
which must include a budget with detailed cost of project and detailed schedule of construction from start to completion date,
to be substituted for"EXHIBIT A"of your City Agreement.
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
EXHIBIT B
SUBRECIPIENT INSURANCE DOCUMENTATION
Prior to the execution of the contract by CITY and before commencement
of any activities or work under this contract, SUBRECIPIENT has furnished
original proof of`insurance to the CITY's Risk Management Department,
including cornpleted/current Certificate(s) Of Insurance, endorsements,
exclusions, and/or relevant extracts from the insurance policy, or copies of
policies.
THE UNDERSTATED CERTIFIES ITIAT:
The SUBRECIPIENT will maintain the previously submitted insurance
policies approved by the CITY's Risk Management Department, in
accordance with insurance requirements listed in this AGREEMENT, for the
entire duration of this AGREEMENT and will notify the CITY to any
changes in coverage,
Corpus Christi Police Athletic League
...............
<
By:
Signature
Printed Name and Title: Ronald Zirbes President
Date Signed: 9-8-23
1-71C,irl�
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
EXHIBIT
INSURANCE REQUIREMENTS
1. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not COMMC11CC: work under this contract until all insurance required has been obtained
and such insurance has been approved by the City. Contractor must not allow any subcontractor, to
commence work until all similar insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one(1)copy of Certificates
of Insurance with applicable policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation
endorsement is required on all applicable policies. Endorsements must be provided with Certificate of
Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence - aggregate
or, termination required on all certificates
and policies.
CRIME/EMPLOYEE DIS14ONESTY $150,000 Per Claims Made
Contractor shall name the City of Corpus
Christi, Texas as Loss Payee
C. In the event of accidents of any kind related to this contract, Contractor must famish the Risk Manager
with copies of all reports of any accidents within 10 days,of the accident,
11. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers,' compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in statutory
amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All
States Endorsement shall be required if Contractor is not domiciled in the State of Texas.
13, Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A-VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract
and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be
given to City at the following address:
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
City of Corpus Christi
Attn: Risk Manager
P,O. Box 9277
Corpus Christi,TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to
contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement
with regard to operations, completed operations, and activities of or on behalf of the named insured
performed under contract with the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in,favor of
the City; and
• Provide thirty(30)calendar days advance written notice directly to City of any,cancellation,nonrenewal,
material change or termination in coverage and not less than ten(1.0)calendar days advance written notice
for nonpayment of premium,
E. Within five(5) calendar days of a cancellation,non-renewal,material change or termination of coverage,
Contractor shall provide a replacement Certificate of Insurance and.applicable endorsements to City. City
shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required,the City shall have the
right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be
held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this contract.
L It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
2023 lnsurance Requirements Exhibit
Professional Services—Crime-Employee Dishonesty
08/16/2023 Risk Management--Legal Dept.
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
CCPOLIC-01 _ MWAIDIE
CERTIFICATE I CArE(MMI
911312023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATIE, DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE, COVERAGE AFFORDED BY THE POLICIES
BELOW. 'THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND,THE CERTIFICATE HOLDER,
IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCERC cT Melissa Wade
Keetch Ila Associates Insurance PHONE
_.
1718 Santa a (A1C Na,_ExI):(361)863-3803 1236 (AIC Ne: 3
( )
61 683-3II4
PO Bos 3280 78463) a °�L ITl�tade keetchlns.C�rrl
- FAx � . .. _.
ss,
Corpus Christi„TX 8404
_,IMSURRySa,AFFOR1TINa COVERAGE NRICIP,,,,,,__
INSURER United States_Liabill In Company_ 15695_......_
INSURED --_-. ---- INSURER B:Great_American_Insu lanceo„� .. ._._.. ...._..`16691
....
Carpus Christi Police Athletic League INSURERwC
702 South Brownlee . ......INSURER D:
—_ ........, .e —._. ........ _.
Corpus Christi„T _78401 INsuRER E
- ....... ......-
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES..LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE __. —.. __.. __... . .....— ___....._... �...... .............._...
--. UR �..
.` POLICY NUMBER LIMITS
PCLIGY EFF POLICY EXP
SR ACkOL SUBR
COMMERCIAL GENERAL LIABILITY 49fi OCCURRENCE�-, .. _
1,000 000
CLAIMS-MADE PP1617784 311/2023 311/2024 DAMGETORNT � ._._.� A �c�&
�...... 100,000
rnwa ExF(Any,ane pptrscn $_...... 5,000
.._..m. .........—, , ,,,,,,,,,,,,,,� ........ - PCRSbNAL4ADV.INJURY_ - ..._. ..... 1,®00,000
�....
- Nt.AGGREGATE
uM
ITAPPLIES PER: ,GENERAL AGGREGATE._,.. „ 2,000,000
POLICY Loc InclueerEw.... i
FRO DUCTS-:_COMPlOFAGIG
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
--. I ANY AUTO
BODILY INJURY(Por prersoni $
OWNED E
SCHEDULED RpDILYINJURY(Per a€&ddent) $AUTOS ONLY AUTOSII D NON- WP OFERTY AMAGE -p A 4?SONLY AUTOS Ch .Y t [[YY
��erxccidenk} _ $
A UMBRELLA LIAR X OCCUR 1,000,000
..... _. _E.ACI-IOCCIVRR.ENCE $
36 Excess LIAR CLAIMS-MADE CUP1572116 31/12023 3/112024
_.,..,.,., _._ AGGREGATE
DED RETENTION$ Io
WORKERS COMPENSATION i '
STA IOTFk-
ANOEMPLaYERS`LIABILIi"Y YiN ( I STATLL�LE ETA.....
ANYFROPRIETOR/PARTNERIEXECUTNE E.L.EACH
NT, .... ..
( andarMyMn EXCLUDED? N f A E:L.,EACH ACCIDENT, _,.,.....
If yes,describe underDSEA EMPLOY $
__
DESCRIPTION OF OPERATIONS below
E.L.DISEASE-FOLICYLIMIT
B Crime(Includes Burg SSA392567413914 9/13/2023 8113/2024 Per Occurence 150,000
,
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may he attached if more space is required)--
Cert Holder named as Loss Payee as their interest may appear for Crime Coverage
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Atte.Risk Manager ACCORDANCE,WITH THE POLICY PROVISIONS.
P.O.Bax 9277
Corpus Christi,TX 78469-9277 AUTHORIZED REPRESENTATIVE,
ACORD 25(2016103) 07 1988-2015,ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
EXHIBIT C
CDBG COMPLIANCE AFFIDAVIT
STATE OF'TEXAS §
§ KNOW ALL BY THESE PRESENTS-
COUNTY OF NUECES §
Date:
AA
Affiant: I , M
Vki � ?� d
Community Development Block Grant Subreciplent
Affiant organization representative on oath swears the following statements are true:
?_5 am the
'Ice -s (title)
of Ct)Cj�V p,J"5)" Tex4s n-riprofit corporation, which has
applied for and been awarded: Community Development Block Grant ("CDBG")Program
funds administered by the City of Corpus Christi ("City"). Prior to the start of the project for
which CDBG funds have been awarded, as the representative of the above-named
subrecipient organization ("Subrecipient"), I met with City staff and received copies of the
following federal rules and regulations-
2 CFR part 200
24 CFR 570,200, 500, and 600 et. seq.
49 CFR Part 24, 24.101-24.104
By execution of this affidavit, I attest that I have received the above-listed federal rules and
regulations, I have been provided with a general explanation of this information, and I
understand the Subrecipienf s obligations of performance under the rules and regulations.
Furthermore, I acknowledge that there may be additional federal rules and regulations,
beyond the rules and regulations listed above, to which the Subirecipient may be subject
and with which the Subrecipient must comply. 1, %
By:
Name:
Organization Urrr� i iieeAthleticLeague
SWORN TO AND SUBSCRIBED before me the day of, , 2023.
LZ 5
HELEN MARTINEZ Notary Public, State of Texas
Notary Pub4c, state of Texas
t"'. Comm. Expires 01-16-2026
Notary ID 126774240
J,
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
EXHIBIT
CITE' OF CORPUS CHRISTI DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to
dei business with the City to provide the following information. Every question must be
answered. If the question is not applicable, answer with "NA." See the definitions for the
Disclosure of Interest in Section 11-General Information.
COMPANY NAME:
Corpus Christi Police Athletic League
P. 0. OX N/A
STREET ADDRESS: 702 S Brownlee blvd CITY: Corpus Christi ZIP: 78401
FIRM IS: 1. Corporation 1 Partnership 3. Sole Owner
4.. association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership
interest" constituting 3%or more of the ownership in the above named "firm."
Name known) Job Title and City Department (if
'SVA N/A
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named "firm."
Name Title
NIA N/A
3. State the names of each "board member" of the City of Corpuas Christi having an "ownership
interest" constituting 3%or more of the ownership in the above named "firm."
Name Board, Commission or Committee
N/A N/A
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
N/A NIA
N/A
EXHIBIT I Fcor td.)
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi
who worked on any matter related to the subject of this contract and has an "ownership
interest"constituting 3%or more of the ownership in the above named "firm."
Name Consultant
N/A NIA
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will
confer an economic benefit on any City official or employee that is distinguishable from the
effect that the action wilil have on members of the public in general or a substantial segment
thereof,you shall disclose that fact in a signed writing official or employee in the matter is
apparent. The disclosure shall also be made In a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349 (d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement,
that I have not knowingly withheld disclosure,of any information requested; and that
supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as
changes occur.
Certifying Person- Title:
Ronald !irbes PresWent
(Type or Print)
Signature of Certifying Date:
Person: 9-8-23
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by
the City Council of the City of Corpus Christi,Texas.
b. "Economic benefit", An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the
public in general or a substantial segment thereof,
c, "Employee.' Any person employed by the City of Corpus Christi, Texas either on a full
or part-time basis, but not as an independent contractor.
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
EXHISITI (contd.)
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, Including
but not limited to, entities operated in the form of sole proprietorship, as self-employed'
person, partnership,
corporation,joint stock company,joint venture, receivership or trust,and entities which for
purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the
City of Corpus Christi,Texas.
f. "Ownership Interest."' Legal or equitable interest, whether actually or constructively held, in
a firm, including when such interest is held through an agent,trust, estate, or holding entity,
"Constructively held" refers to holdings or control established through voting trusts, proxies,
or special terms of venture or partnership agreements."
g. "Consultant," Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and irecom menclation.
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
Exhibit E
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies,to the best of his or her,knowledge and belief,that
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or an employee of any agency,a member of
congress, an officer or employee of congress, or an employee of a member of congress in connection
with the awarding of any federal contract,the making of any federal grant,the making of any federal
loan,the entering into of any cooperative agreement, and the extension, continuation,renewal,
amendment,or modification of any federal contract,grant, loan,or cooperative agreement
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency,a member of congress,an
officer or employee of,congress, or an employee of a member of congress in connection with this federal
contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit with this a
Standard Form-11, "Disclosure Form to Report Lobbying,"in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers(including subcontracts,subgrants, and contracts under
grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352,Title 31, U.S. Code.Any person who fails to file the required
certification shall be subect to a civil penalty of not less than$10,000 and not more than$100,000 for each
such faily!qL��
Signatdre� Date
Ronald Zirbes
Print Name of Authorized Individual
Corpus Chl-siti Police Athletic League
Organization Name
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
Instructions-Form 129S
Effective January 1, 2016,a governmental entity may not enter into a contract requiring board approval,
unless the business entity submits a Disclosure of interested Parties(Form 1295)at the time the
business entity submits the signed contract.
The following definitions apply:
1. "Interested Party"means a person:
a. Who has a controlling interest in a business entity with whom a governmental entity
contracts:or
b. Who actively participates in facilitating the contractor negotiating the terms of the
contract, including a broker, intermediary,adviser,or attorney for the business entity,
2. "Intermediary" means"a person who actively participates in the facilitation of the contract or
negotiating the contract, including a broker,adviser,attorney,or representative of or agent for
the business entity who:
a. Receives compensation from the business entity for the person's participation;
b. Communicates directly with the governmental entity or state agency on behalf of the
business,entity regarding the contract;and
c. Is not an employee of the business entity
B. "Business Entity"' means any entity recognized by law through which business is conducted,
including a sole proprietorship, partnership,or corporation. 'Business entity" includes a for-
profit or nonprofit entity. He term does not include a governmental entity or state agency.
4. "Contract" includes an amended,extended,or renewed contract.
5. "Controlling interest" means:
a. An ownership interest or participating interest in a business entity by virtue of units,
percentage,shares,stock,or otherwise that exceeds 10 percent;
b. Membership on the board of directors or other governing body of a business entity of
which the board or other governing body is composed of not more than 10 members;or
c. Service as an officer of a business entity that has four or fewer officers,or service as one
of the four officers most highly compensated by a business entity that has more than
four officers."
A business entity must file Form 1295 electronically with the Texas Ethics Commission using the
Commission's online filing application,which can be found at:
LItt SJLWk 't CS.StjEj.1L,Qs r aminew e nfo form1295,htm
The business entity must print a copy of the completed form,which will include a certification of filing
containing a unique certification number. The Form 1295 must be signed by an authorized agent of the
business entity, and the form must be notarized. The business entity must then submit the completed,
signed,notarized Form 1295 to the contracting school district,
(SourceSanih W,Langlcis, Partner Rcger�, "orris,&GrovE�.�r LIP)
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
The City of Corpus Christi
Housing and Community Development Department
Identification of Agency Contract Administrators
The Community Development Block Grant(CDBG)
Name of Organization:
The following persons are authorized to execute an agreement on behalf of the organization:
Name Title Phone Email
Ronald Zirbes President 361-816-0542 ronaldz@cctexas.com
The following employees or officers of the organization are authorized to Submit payment requests and respond to questions
regarding fiscal and budgeting matters pertaining to the grant.
Name Title Phone, Email
Ronald Zjrbes President 361-816-0542 ronaldz@cctexas.com
Cynthia Pullido Treasurer 361-658-4094 cynlivin@hotmall.com
The following employees are directly responsible for program administration and reporting:
Name Title Phone all
Ronald Zirbes President 361-816-0542 ronaldz@cctexas.com
.............
PLEASE ALSO SEE NEXT TAB
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
CDBG Program Contact List
This list will be used for routine CDBG-related email distribution,so please add Multiple staff members if you would like
multiple staff members to receive CDBG email updates.
Agency Name Name Title Phone Email
CC ASL Ronald Zirbes President 361-816-0542 ronaldz@cctexas,com
CCPAL Cynthia Pulido Tresurer 361-658-4094 cynlivin@hotmaii.com-
...................
i"o
.................................
3
DocuSign Envelope ID: B585E393-CE48-4E3D-B109-FFD16E7D6BDB
Appendix #1 - Federal Requirements
FEDERAL REQUIRMENTS TABLE OF CONTENTS
Section No. Title
FR-01 Access to Records and Record Retention
FR-02 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
FR-03 Lobbying and Influencing Federal Employees
FR-04 Economic Opportunities for Low and Very-Low Income Persons
FR-05 Federal Labor Standards
FR-06 Buy America, Build America (BABA)Act
Work under this contract will be funded and operate in accordance with HUD's Community
Development Block Grant regulations and guidelines and all local, State, and Federal
requirements and laws.
Reference: Title 24, Chapter 570
FEDERAL REQUIREMENTS: FR-01
ACCESS TO RECORDS AND RECORD RETENTION
The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to
provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly
authorized representative's access to any books, documents, papers, and records of the
contractor which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records
and reports required under this contract for a period of not less than three years after final
payment is made and all pending matters are closed.
Reference: 2 CFR 200 Subpart D
FEDERAL REQUIREMENTS: FR-02
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
The Contractor certifies, by acceptance of this contract, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency. It further
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agrees that it will include this clause without modification in all lower tier transactions,
solicitations, proposals, contracts, and subcontracts.
Reference: 2 CFR part 180
FEDERAL REQUIREMENTS: FR-03
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
1. No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the making of any Federal grant and the amendment or
modification of any Federal grant.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with any Federal grant, the contractor shall complete and
submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its
instructions.
Reference: Title 24 CFR part 87,Appendix A
FEDERAL REQUIREMENTS: FR-04
ECONOMIC OPPORTUNITIES FOR LOW AND VERY-LOW INCOME PERSONS
(SECTION 3)
Section 3 Clause.
Housing and Urban Development Act of 1968
All section 3 covered contracts shall include the following clause (referred to as the section 3
clause):
1. Section 3 of the Housing and Urban Development Act of 1968: The work to be
performed under this contract is subject to the requirements of section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The
purpose of section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to
the greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
2. Contractor Certification of Compliance: The parties to this contract agree to comply
with HUD's regulations in 24 CFR 75, which implement Section 3. As evidenced by their
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execution of this contract, the parties to this contract certify that they are under no
contractual or other impediment that would prevent them from complying with the 24
CFR 75 regulations.
3. Contract Language Requirement: The contractor agrees to include this Section 3
Contract Requirements clause in every sub-contract subject to compliance with
regulations in 24 CFR 75, and agrees to take appropriate action, as provided in an
applicable provision of the sub-contractor in this Section 3 Contract Requirements
clause, upon a finding that the sub-contractor is in violation of the regulations in 24 CFR
75. The contractor will not sub-contract with any subcontractor where the contractor has
notice or knowledge that the sub-contractor has been found in violation of the
regulations in 24 CFR 75.
4. Contracting Requirements: To the greatest extent feasible, and consistent with
existing Federal, state, and local laws and regulations, the CDBG Grantee and
contractors and sub-contractors for the CDBG project shall ensure contracts and sub-
contracts for work awarded in connection with the project are awarded to business
concerns that provide economic opportunities to Section 3 Workers; and where feasible
in the following order of priority: (1) Section 3 Business concerns that provide economic
opportunities to Section 3 Workers residing within the metropolitan area (or
nonmetropolitan county) in which the HUD funded assistance is provided/in which the
HUD funded/CDBG project is occurring; and (2) YouthBuild programs.
5. Employment and Training Requirements: To the greatest extent feasible, and
consistent with existing Federal, state, and local laws and regulations, the CDBG
Grantee and contractors and sub-contractors for the CDBG project shall ensure
employment and training opportunities generated in connection with the project are filled
by Section 3 Workers; and where feasible, in the following order of priority: (1) low- and
very low-income persons residing within the metropolitan area (or nonmetropolitan
county) in which the CDBG assistance is expended (i.e., in which the CDBG project is
occurring); and (2) participants in YouthBuild programs.
6. Section 3 Definitions [24 CRF 75]: Definitions for Section 3 terms per 24 CFR 75 are
as follows: Section 3 Worker: An employee who currently fits (if hired more than five (5)
years before starting work on the CDBG project), or fit at the time of hire (if hired within
five (5) years of starting work on the CDBG project), at least one (1) of the following
categories: (1) is employed by a Section 3 Business concern; or (2) is a low- or very low-
income resident (i.e., a local person living within the Section 3 service area as defined in
24 CFR 75.5, with an individual annualized income at the time of hire (if hired within five
(5) years of starting work on the CDBG project), or currently as of date of starting work
on the project (if hired more than five (5) years before starting work on the CDBG
project) that was/is at or below the low income (80%) threshold established by HUD for a
Family of 1 for the county in which the person lives) [Note: The HUD income threshold
must be from the HUD Income Limits for the CDBG program that are in effect at the time
of hire (if hired within five (5) years of starting work on the CDBG project), or currently in
effect as of the date the worker started work on the CDBG project (if hired more than five
(5) years prior to starting work on the CDBG project). The HUD Income Limits are
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updated annually, typically in March or April.]; or (3) is a YouthBuild participant. Targeted
Section 3 Worker: An employee who is employed by a Section 3 Business concern; or
who currently fits (or when hired fit) at least one (1) of the following categories as
documented within the past five (5) years: (1) lives/lived within the Section 3 service
area or the neighborhood of the CDBG project as defined in 24 CFR 75.5; or (2) is a
YouthBuild participant. Section 3 Business concern: A business that fits at least one (1)
of the following categories: (1) 51% or more owned by low- or very low-income persons;
or (2) 75% or more of the labor hours are performed by low- or very low-income persons;
or (3) 51% or more owned by current residents of public housing or Section 8-assisted
housing. Section 3 Service Area: An area within one (1) mile of the CDBG project's
location (i.e., street address); or an area within a circle centered around the CDBG
project site that encompasses 5,000 people [if less than 5,000 people live within a one
(1) mile radius of the CDBG project site].
7. Reporting Labor Hours: CDBG Grantee and contractors and sub-contractors for the
CDBG project shall report all worker (see exception on next page) * labor hours on the
project as follows: (1) the total number of labor hours worked; (2) the total number of
labor hours worked by Section 3 Workers; and (3) the total number of labor hours
worked by Targeted Section 3 Workers. The labor hours reported shall include the total
number of labor hours worked on the financially assisted project by workers employed
by the CDBG Grantee, and employed by their contractors and sub-contractors, during
the reporting period specified by HUD and the State CDBG Program. The labor hours
reported may be based on the employer's good faith assessment of the labor hours of a
full-time or part-time employee informed by the employer's existing salary or time and
attendance-based payroll systems, unless the project or activity is otherwise subject to
requirements specifying time and attendance reporting. [Note: Construction contractors
required to maintain certified payroll records to meet federal labor standards
requirements shall report actual work hours as reported on the certified payroll records.]
*Exception for positions that require an advanced degree or professional certification:
Reporting of hours for positions requiring an advanced degree or professional
certification is not required, but the hours may be reported to demonstrate Section 3
"best efforts". The CDBG Grantee, contractors and sub-contractors may report the labor
hours by Section 3 Workers and Targeted Section 3 Workers without including labor
hours from employees in positions requiring an advanced degree or professional
certification in the total number of labor hours worked, but if the contract covers both
work requiring an advanced degree or professional certification and other work, the labor
hours for the other work under the contract that are not from employees in positions
requiring an advanced degree or professional certification must still be reported.
8. Section 3 Benchmarks: The HUD Section 3 Final Rule (24 CFR 75) establishes "safe
harbor" benchmarks that are quantitative benchmarks and prioritized qualitative efforts
that funding recipients must complete to assist low- and very low-income persons with
employment and training opportunities: (1) 25% or more of all labor hours worked must
be worked by Section 3 Workers; and (2) 5% or more of all labor hours worked must be
worked by Targeted Section 3 Workers. If the "safe harbor" benchmarks are not met
over the course of the project, then the CDBG Grantee and contractors and sub-
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contractors for the CDBG project shall provide evidence of completing qualitative efforts
to assist low and very low-income persons with employment and training opportunities.
Supporting documentation of these completed efforts must also be maintained in the
CDBG Grantee's and contractors' CDBG project files, to be made available upon
request for monitoring purposes.
9. Demonstrating Best Efforts: When the Section 3 benchmarks are not met, the CDBG
Grantee and contractors and sub-contractors for the CDBG project shall demonstrate
and report qualitative efforts made in an attempt to meet the benchmarks, which may
include but are not limited to the following:
(A) Engage in outreach efforts to generate job applicants who are Targeted Section
3 Workers.
(B) Provide training or apprenticeship opportunities.
(C) Provide technical assistance to help Section 3 Workers compete for jobs (e.g.,
resume assistance, coaching).
(D) Provide or connect Section 3 Workers with assistance in seeking employment
including: drafting resumes, preparing for interviews, and finding job opportunities
connecting residents to job placement services.
(E) Hold one or more job fairs.
(F) Provide or refer Section 3 Workers to services supporting work readiness and
retention (e.g., work readiness activities, interview clothing, test fees,
transportation, child care).
(G) Provide assistance to Section 3 Workers to apply for/or attend community
college, a four-year educational institution, or vocational/technical training.
(H) Assist Section 3 Workers to obtain financial literacy training and/or coaching.
(1) Engage in outreach efforts to identify and secure bids from Section 3 Business
concerns.
(J) Provide technical assistance to help Section 3 Business concerns understand
and bid on contracts.
(K) Divide contracts into smaller jobs to facilitate participation by Section 3 Business
concerns.
(L) Provide bonding assistance, guaranties, or other efforts to support viable bids
from Section 3 Business concerns.
(M) Promote use of business registries designed to create opportunities for
disadvantaged and small businesses.
(N) Conduct outreach, engagement, or referrals with the state one-stop system as
defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
10. Recordkeeping & Reporting: The CDBG Grantee and contractors and sub-contractors
for the CDBG project shall maintain all records demonstrating compliance with 24 CFR
75, including contracting information and documents, worker income certifications (for
Section 3 Worker status determinations), and worker labor hours on CDBG project; and
provide data and reporting documents as requested and required by the State CDBG
Program and/or HUD. Grantee and contractor records may be monitored for compliance
by the State CDBG Program and/or HUD.
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11. Non-Compliance: Non-compliance with HUD's regulations in 24 CFR 75 may result in
sanctions, termination of this contract for default, and debarment or suspension from
future HUD assisted contracts.
12. Indian Housing Assistance Project Specifications: With respect to work performed in
connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the
work to be performed under this contract. Section 7(b) requires that to the greatest
extent feasible: (i) preference and opportunities for training and employment shall be
given to Indians; and (ii) preference in the award of contracts and sub-contracts shall be
given to Indian organizations and Indian-Owned Economic Enterprises. Parties to this
contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply
with Section 3 to the maximum extent feasible, but not in derogation of compliance with
section 7(b).
Contractor shall complete the required Section 3 Compliance Report Form, included as an
Exhibit of the CDBG Grantees Request for Bids (RFB) and submit the completed form to the city
grant recipient with the final construction pay estimate for the project or as requested by the city.
Reference: (24 CFR 75 is applicable to HUD-funded projects awarded ON or AFTER to
November 30, 2020)
FEDERAL REQUIREMENTS: FR-05
FEDERAL LABOR STANDARDS
a. Davis Bacon, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C.
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29
CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors must
be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. The
non-Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation. The decision to award a contract
or subcontract must be conditioned upon the acceptance of the wage determination. The
non-Federal entity must report all suspected or reported violations to the Federal
awarding agency. The contracts must also include a provision for compliance with the
b. Copeland "Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States").
The Act provides that each contractor or subrecipient must be prohibited from inducing,
by any means, any person employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he or she is otherwise entitled.
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The non-Federal entity must report all suspected or reported violations to the Federal
awarding agency.
c. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that
involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be
required to compute the wages of every mechanic and laborer on the basis of a standard
work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times
the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no
laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
Reference: 24 CFR 570.603; 29 CFR Parts 1, 3, and 5
FEDERAL REQUIREMENTS: FR-06
Buy America, Build America (BABA)Act
Contractors and Subcontractors must comply with the requirements of BABA and all applicable
rules and notices, as may be amended, if applicable to the project. Pursuant to HUD's Notice,
"Public Interest Phased Implementation Waiver for FY 2022 and 2023 or BABA as applied to
Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD
on or after the applicable listed effective dates, are subject to BAB requirements, unless
excepted by a waiver.
Reference: 41 USC 8301