HomeMy WebLinkAboutResolution - 3908 - Joint Grant Application - Science Spectrum - Omnimax Construction, DOC EDA Funds - 06_11_1992Resolution No. 3908
June 11, 1992
Item #20
RESOLUTION
WHEREAS, the Science Spectrum, a nonprofit corporation operating
under the laws of the State of Texas, and the City of Lubbock, a home rule
municipality of the State of Texas, have entered into a public private
partnership for the operation of a science museum and omnimax theater; and
WHEREAS, such science museum and omnimax theater provide for the
expansion of cultural activities within the City of Lubbock; and
WHEREAS, such science museum and omnimax theater further provide for
the expansion of tourism activities within the City; and
WHEREAS, both the Science Spectrum, Inc. and the City of Lubbock have
been invited to submit a full application for matching grant from the
United States Department of Commerce Economic Development Administration;
and
WHEREAS, the purpose of the grant will be to aid and assist both the
Science Spectrum, Inc. and the City of Lubbock in developing the science
museum and omnimax theater, thus expanding economic activities within the
City of Lubbock; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE authorized to sign and
submit such application to the United States Department of Commerce and to
accept or affirm any grant award that may result therefrom.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE is hereby authorized and
directed to execute for and on behalf of the City of Lubbock any necessary
documents associated with such grant application and award as may be
required of the City of Lubbock.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council further confirms that the amount of $5,115,000
in cash for construction of an omnimax theater may be used as the local
match required for this tourism project.
Passed by the City Council this
Kanetva uoya, u,ty Secretary
APPROVED AS TO CONTENT:
o ert Massengale, Aso stant
City Manager
APPROVED AS TO FORM:
-
n ass, Jr., City Attorney
JCR:da/AGENDA-D2/SSPECTRM.res
June 5, 1992
Form ED-101A (Rev. 12/91) 'am N1o. 0610-0011; Approval Expires October 31, 1994
OMB Approval No. 0348-0043
APPLICATION FOR 2. DATE SUBMITTED Applicant identifier
FEDERAL ASSISTANCE
1. TYPE OF SUBMISSION: 1. DATE RECEIVED BY STATE State Application Idenldler -
Application Preapplication SA1-TX-M-92-04-22-0007-02-00,
ix Construction ❑ Construction
❑ Non•Consrrucw Q Non-0onstsuction
S. APPLICANT INFORMATION
L at Name
Sgcience Spectrum, Inc. /City of Lubbock
Address (gyve city. county. state, and rip coder
P.O. Box 93178 P.O. Box 2000
Lubbock, Texas Lubbock, Texas.,
79493 79457
5. EMPLOYER IDENTIFICATION NUMBER (EIN): '.
7 5— 1 21 1 18 14 15 15 15
B. TYPE OF APPLICATION:
r� New ❑ Continuation ❑ Revision
If Revision. enter appropriate letter(s) in box(es) ❑ ❑
A Increase Award B Decrease Award C Increase Duration
D Decrease Duration Other (specify):
10. CATALOG OF FEDERAL DOMESTIC 1 1 3 O O
ASSISTANCE NUMBER:
TITLE.
Public Works Grant
12. AREAS AFFECTED BY PROJECT (cities, counties, states. etc )
State Planning Region #2
13. PROPOSED PROJECT: la. CONGRESSI01
Start Date Ending Date a Applicant
NA NA
15. ESTIMATED FUNDING:
a Federal _ 825,000 .00
b Applicant : 640,442 00
c State f .00
d Local f 00
5,000,000
e other .00
I Program Income = .00
g TOTAL = .00
4. DATE RECEIVED SY FEDERAL AGENCY
Federal Identities
Non rof'i1 Corporation and Municipality
Name and telephone number of the person to be contacted on matters mvol.mg
this application (give area code)
Cassandra L. Henry
(806) 797-1676
7. TYPE OF APPLICANT: (Brlfer appropriate leUer in box) -and N
A State H Independent School Dist
B, County I. Slate Controlled Institution of Higher Learning
C Municipal tJ.,-. Private University
D Township „, ,K. Indian Tribe
E Interstate L Individual
F Intermunrcrpal M Profit Organization
G Special District N Other ISpecrfy) Non-
Profit--S. NAME OF FEDERAL AGENCY:
U. S. Department of Commerce
Economic Development Administration
1 k DESCRIPTIVE, TITLE OF PPLICANT-S P,ROJCCT:
enovatfon OT an existing facility for a
*science museum -and construction of an
Omni Theater in order to exparrd-and
enhance the science museum's program.
1
b Protect
19 '9
III. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12312 PROCESS? _
a YES '-IS PREAPPLICATIONrAPPLICATION WAS MADE AVAILABLE TO THE
SATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON
DATE --April 24, 1992
b NO ❑ PROGRAM IS NOT COVERED BY E O 12372
OR PROGRAM HAS NOT BEEN SELECTED BYSTATEFOR REVIEW
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
❑ Yes It 'Yes.' attach an explanation ® No
IS. TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APP ICANT COMPLY WI7H THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED
a Typed Name of Authorzed Representative b Tit T I n m
- Cassandra L. Henry /David R. Lan sto Presid May (866`Y"°1 7 676
d Slgna re of Authorized Representative / e Date Signed
•
s or/-
revious drtlons Not Usable Standard Form 424 (REV 1-88)
Prescribed by ONS Circular A-102
Public reporting burden for this collection of information is estimated to
average 88 hours per response, including the time for review, searching data
sources, gathering and maintaining data needed, and completing and reviewing
the collection of information. Send comments regarding this burden estimate,
including suggestions for reducing this burden; to: Public Works Division,
EDA, Herbert C. Hoover Building, Washington, D. C. 20230, and to the, Office of
Information and Regulatory Affairs, Office of Management and Budget,
_ .Washington, D. C. 20503.
Special Agency Instructions
1. Update of Preapplication Information
The information submitted with the Preapplication, Form ED-101P,'does
have to be resubmitted as it will be considered in conjunction with
the information submitted with this application. If circumstances have '
changed or additional information has become available which is
considered necessary for a particular item, the exhibit should be
updated and resubmitted with the date when it was updated. Indicate
which exhibits you have updated and resubmitted, if any, by checking the
appropriate box(es) of theExhibitChecklist, pp. 15-16.
2. Attorneys' or Consultants' Fees
Attorneys' or consultants' fees, whether direct or indirect, expended
for securing or obtaining EDA assistance for this grant are not eligible
costs.
3. Conflict of Interest
Any official, employee, architect, attorney, engineer or inspector of or
for the applicant or any Federal, State, or local official or represen-
tative, becoming directly or indirectly interested financially in the
acquisition of any materials or equipment, or in any construction for
the Project, or in the furnishings -of any service to or in connection
With the Project, or any benefit arising therefrom will constitute a
conflict of interest which may jeopardize this application or result in
the forfeiture of any grant funds resulting therefrom.
4. E.O.-12372 Process - Single Point of Contact
State, areawide, regional and local officials and entities have 60 days
for comment from the date the project proposed for EDA assistance was
made available to the State Executive Order 12372 process. Attach a
copy of the applicant's certified letter to the.State E.O. 12372 process
coordinator/agency or a clearance letter from the State E.O. 12372
process coordinator/agency as Exhibit I-A-4(a) or I-A-4(b) respectively.
5. Certified Resolution of Applicant's Governing Body
The governing body of the applicant is required to submit with the
application a copy of its resolution authorizing its representative to
sign and submit this application and to accept or affirm any grant award
that may result therefrom. The resolution must be certified by the
recording officer or officer responsible for the applicant's seal.
Attach a copy of the Governing Body Resolution as Exhibit I-A-5.
6. certifications Regarding Debarment and Suspension; Drug -Free Workplace;
and Lobbying
r All applicants for Federal assistance must comply with the requirements
under 15 CFR Part 26, Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug -Free
Workplaces and 15 CFR Part 28, New Restrictions on Lobbying. The
applicant must certify that they have not been debarred or suspended
from receiving any type of Federal assistance, that they will provide
.drug -free workplaces and that Federal funds have not been used and will
not be used for lobbying in connection with this`request for Federal
assistance. Applicants must also complete a'Disclosure of Lobbying
Activities form if nonfederal funds have been used or are planned to be
used for lobbying in connection with a request for Federal assistance.
Applicants should review the cited regulations before completing the.
certifications. �'f•
Form ED-101A ,( Rev- 12/91) '` *" -2-
. i.
PART V - ASSURANCES - CONSTRUCTION PROGRAMS
NOTE: CERTAIN OF THESE ASSURANCES MAY NOT BE APPLICABLE TO YOUR PROJECT OR PROGRAM.
F�YOU HAVE QUESTIONS, PLEASE CONTACT THE AWARDING AGENCY. FURTHER, CERTAIN FEDERAL
ASSISTANCE AWARDING AGENCIES MAY REQUIRE APPLICANTS TO CERTIFY TO ADDITIONAL ASSURANCES.
IF SUCH IS THE CASE, YOU WILL BE NOTIFIED.
As the duly authorized representative of the applicant I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, and the institutional,
managerial and financial capability (including funds sufficient to pay the
non -Federal share of project costs) to ensure proper planning, management and
completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of the United States,
and if appropriate, the State, through any authorized representative, access to and
the right to examine all records, books, papers, or documents related to the
assistance; and will establish a proper accounting system in accordance with
generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property
title, or other interest in the site and facilities without permission and
instructions from the awarding agency. Will record the Federal interest in the
title of real property in accordance with awarding agency directives and will
include a covenant in the title of real property acquired in whole or in part with
Federal assistance funds to assure nondiscrimination during the useful life of the
project.
4. Will comply with the requirements of the assistance awarding agency with regard
to the drafting, review and approval of construction plans and specifications.
S. Will provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the completed work conforms with the approved
plans and specifications and will furnish progress reports and such other
information as may be required by the assistance awarding agency or State.
6. Will initiate and complete the work within the applicable time frame after
receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions
for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest, or personal gain.
B. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C.
Si 4728-4763) relating to prescribed standards for merit systems for programs funded
under one of the nineteen statutes or regulations specified in Appendix A of OPM's
Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C.
SS 4801 etTeq.) which prohibits the use of lead based paint in construction or
rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to non-discrimination. These
include but are not limited to: (a) Title VI of the Civil Rights Act of 1964
(P.L. 88-352) which prohibits discrimination on the basis of race, color or
national origin; (b) Title IX of the Education Amendments of 1972, as amended
(20 U.S.C. SS 1681-1683, and 168S-1686) which prohibits discrimination on the basis
of sex; and Section 112 of P.L. 92-65 which prohibits sex discrimination in PWEDA
programs• (c) Section SO4 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. S 794) which prohibits discrimination on the basis of handicaps;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. SS 6101-6107) which
prohibits discrimination on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 93-25S), as amended, relating to non-discrimination on
the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
(g) $S $23 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3
and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. S 3601
et seq.) as amended, relating to nondiscrimination in the sale, rental or financing
of -housing; (i) any other non-discrimination provision in the specific statute(s)
under which application for federal assistance is beingg made; and (j) the
requirements of any other non-discrimination Statutes) which may apply to the
application.
Form ED-101 A (Rev. 12/91) -12 -
Part V - Assurances (continue.::
11. Will comply, or has alreade .implied, with the requirements of Titles II and III
of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (P.L. 91-646) and Title lV o: the Surface Transportation and Uniform
Relocation Assistance Act of 1387 (P.L. 100-17) which provides for fair and
equitable treatment of persons displaced or whose property is acquired as a result
of Federal and federally.assis:ed prograns. These requirements apply to all
interests in real property accjired for project purposes regardless of Federal
participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C. SS 1501-1508 and
7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the Davis -Bacon Act
(40 U.S.C. SS 276a to 276a-7), the Copeland Act (40 U.S.C. S 276c and 18 U.S.C.
S 874), the Contract Work Hours and Safety Standards Act (40 U.S.C. SS 327-333)
regarding labor standards for federally assisted construction subagreements.
14. Will comply with the flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood 'hazard area to participate in the program and to
purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more.
15. Will comply with environmental standards which may be prescribed pursuant to the
following: (a) institution of environmental quality control measures under the
National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order
(E.O.) 11S14; (b) notification of violating facilities pursuant to E.O. 11738;
(c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards
in floodplains in accordance with E.O. 11988; (e) assurance of project consistency
with the approved State management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. IS 1451 e.); (f) conformity of Federal
actions to State (Clean Air) Inplementation PLans under Section 176(c) of the Clean
Air Act of 1955, as amended (42 U.S.C. S 7401 eet�seg.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended, (P.L. 93-523); (h) protection of endangered species under the Endangered
Species Act of 1973, as amended, (P.L. 93-205); (i) assurance of project compliance
with all existing environmental laws and policies in accordance with the
Environmental Quality Improvement Act, as amended, (42 U.S.C. 4374); (j).protection
of navigable waters, fish and wildlife under the Federal Water Pollution Control
Act, as amended, (33 U.S.C. 1231, eetse .); (k) improvement of solid and hazardous
waste management in accordance with Resource Conservation and Recovery Act of 1976,
as amended, (42 U.S.C. 6901); '1) control of noise under the Noise Control Act of-
1972, as amended, (P.L. 92-5741; (m) provisions for hazardous substances cleanup
and emergency response pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, (42 U.S.C. 9601 et seq.);
(n) conservation and management of fish and wildlife, particularly nongame, under
the Fish and Wildlife Conserva=ion Act, as amended, (16 U.S.C. 2901 et seq.);
(o) preservation of prime farmland for agricultural ppurposes under t e armland
Protection Policy Act of 1981 0 U.S.C. 4201 et se .); (p) protection of the
natural resources pursuant to the Coastal Barrier Resources Act of 1982, as amended,
(16 U.S.C. 3501 et�se .); (q) protection of marine environment under the Marine
Protection, Resear— chand Sanctuaries Act of 1972, as amended, P.L. 92-532;
(r) regulation of testing and processing of chemicals under the Toxic Substances
Control Act, as amended, P.L. 94-469; and (s) protection of all species of Wildlife
resources and their habitat under the Fish and Wildlife Coordination Act, as
amended, P.L. 89-72.
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. SS 1271
et�seq.) related to protecting components or potential components of the national
wi13 and scenic rivers system.
17. Will assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E.O. 11S93
(identification and preservation of historic properties), and the Archaeological
and Historic Preservation Act --f 1974 (16 U.S.C. 469a-1 et seg.).
18. Will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act of 1984.
19. Will operate and maintain :he facility in accordance with the minimum
standards as may be required o7 prescribed by the applicable Federal, State and
local agencies for the maintenance and operation of such facilities.
Form ED-I01P. (Rev. 12/91) -13-
Part V - Assurances (continued)
20. Will require the facility to be designed to comply with the "American
Standard Specifications for Making Buildings and Facilities Accessible to, and
Usable by, the Physically Handicapped," Number A117.1-1961-, as modified
(41 CFR 101-17.703). The applicant will be responsible for conducting inspections
to insure compliance with these specifications by the contractor.
21. (Not applicable to State and Local Governments)
In consideration ot EDA ma ing a grant and/or loan requested by an Applicant which
is a business enterprise, for this project, it agrees that for a period of two
years after disbursement by EDA of said grant and/or loan or any part thereof, it
will not employ or tender any office or employment to, or retain for professional
services, any person who, on the date of such disbursement, or within one year
prior to said date, shall have served as an officer, attorney, or agent or employee
of EDA occupying a position or engaged in activities which EDA has determined
involves discretion with respect to the granting of assistance under the Public
Works and Economic Development Act of 1965, as amended.
22. Will give and will require employers who are Substantial Beneficiaries of
public works assistance (as defined at 13 CFR 309.10) and contractors or
subcontractors (as required by 13 CFR 305.54) to give preferential consideration,
wherever possible, to the long term unemployed and underemployed residing in the
project area, in connection with the project assisted by EDA. (See Instructions).
23. Will comply, or has already complied with the requirements of the Drug
Free Workplace Act of 1988 (P.L. 100-690, Title V, Subtitle D; 41 U.S.C. 701
et sea.) and 15 CFR Part 26 (55 FR 21678, 5/25/90) which requires applicants
for Federal assistance to certify that they will provide drug.free workplaces.
24. Will comply, or has already complied with the requirements of New
Restrictions on Lobbying (P.L. 101-121, Section 319) and 15 CFR Part 28 (55 FR
6736-6748, 2/26/90) which imposes requirements regarding use of Federal/
nonfederal funds for lobbying activities.
5. Will co with all applicable requirements of all other Federal laws,
Execut a Ord , re ations and policies governing this program.
A NG OFFICIAL
TITLE
David R. an sto
Mayor
APPLICANT ORGANIZATION
DATE M
City of Lubbock
June 4,1992
Form ED-101A (Rev. 12/91) -14-
(g) Making a good faith effort to continue to maintainn-a drug -
free workplace through implementation of paragraphs
(a).(b)Ac),(d),(e) and (f). z
B. The grantee shall insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance: {Street address, city, county, state,
ZIP code):
1625 13th Lubbock
Lubbock County, Texas 79457
Check O if there are workplaces on file that are not iden-
tified here.
Alternate II. Grantees Who Are Individuals
As required by the Drug -Free Workplace Act of 1988, and
implemented at 15 CFR 26, Subpart F, for grantees, as
defined at 15 CFR Part 26, Sections 26.605 and 26.610 -
(A) The grantee certifies that, as a condition of the grant, he
or she will not engage in the unlawful manufacture, distribu-
tion, dispensing, possession, or use of acontrolled substance
In conducting any activity with the grant;
(B) If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, he
or she will report the conviction, in writing, within 10 calendar
days of the conviction, to the Director, Office of Federal
Assistance, Office of Federal Assistance and Management
Support, HCHB Room 6054. U.S Department of Commerce,
Washington, DC 20230. When notice Is made to such a
central point, it shall include the identification number(s) of
each affected grant.
3. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 15 CFR Part 28, for persons entering into a
grant, cooperative agreement or contract over $100,000, or
loan or loan guarantee over $150,000, as defined at 15 CFR
Part 28, Sections 28.105 and 28.110, the applicant certifies
that 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 employee
of an 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 modifica-
tion 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 Standard Form-
LLL, "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 agree-
ments) 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
orenteredinto. 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 subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each
such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge
and belief, that:
If any 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 em-
ployee of Congress, or an employee of a Member of Congress
In connection with this commitment providing for the United
States to insure or guarantee a loan, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
Submission of this statement 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
statement shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with
the above applicable certification(s).
NAME OF APPLICANT
City of Lubbock
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
. Langston, Mayor
AWARD NUMBER AND/OR PROJECT NAME
Omnimax Theater
DATE
•
June 4, 1992
FORM CD-511 UNITED STATES DEPARTMENT OF COMMERCE
CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; DRUG -FREE WORKPLACE REQUIREMENTS
AND LOBBYING -
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants
should also review the instructions forcertification included in the regulations before completing this form. Signatureon this form
provides for compliance with certification requirements under 15 CFR Part 26, "Governmentwide Debarment and Suspension
(Nonprocurement)" and "Governmentwide Requirements for Drug -Free Workplace" and 15 CFR Part 28, "New Restrictions on
Lobbying." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the
Department of Commerce determines to award the covered transaction, grant, or cooperative agreement
1. DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 15 CFR Part 26, for pro-
spective participants in primary covered transactions, as
defined at 15 CFR Part 26, Sections 26.105 and 26.110
(1) The prospective primary participant certifies to the best of
its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or perform-
ing a public (Federal, State or local) transaction or contract
under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, mak-
ing false statements, or receiving stolen property;
(c) Are not presently Indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this ap-
plication/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal
I
2. DRUG -FREE WORKPLACE REQUIREMENTS
Alternate I. Grantees Other Than Individuals
As required by the Drug -Free Workplace Act of 1988, and
implemented at 15 CFR Part 26, Subpart F, for grantees, as
defined at 15 CFR Part 26, Sections 26.605 and 26.610 -
A. The grantee certifies that it will or will continue to provide
a drug -free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
(b) Establishing an ongoing drug -free awareness program to
Inform employees about—
(1) The dangers of drug abuse In the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and em-
ployee assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be en-
gaged in the performance of the grant be given a copy of the
statement required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
grant, the employee will—
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for
a violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
t
(e) Notifying the agency in writing, within ten calendar days
after .receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such con-
viction. Employers of convicted employees must provide
notice, including position title, to the Director, Office of
Federal Assistance, Office of Federal Assistance and Man-
agement Support, HCHB Room 6054, U.S. Department of
Commerce, Washington, DC 20230. Notice shall include the
identification number(s) of each affected grant;
(i) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted— `
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with
the requirements of the Rehabilitation Act of 1973, as amended;
or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved .
for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
USCOMM DC 91-7115
i
Exhibit IV-G-2
U. S. DEPARTMENT OF COMMfr CE-
ECONOMIC DEVELOPMENT ADMINISTRATION
APPLICANT'S CERTIFICATE OF NONRELOCATION
To be executed by applicants for construction grant assistance'under Titles I, IV, IX and section 301(f)
of Title III of the Public Works and Economic Development Act of 1965, as amended (PWEDA). Employer is
defined to include grantee/applicant.
NOTE - EDA's regulations at 13 CFR 309.3 prohibit EDA from making construction grants under Titles I,
IV, IX and section 301(f) of Title III which will have the effect of assisting an employer in moving
jobs from one commuting area to another commuting area. An expansion of an existing business to a new
location may be assisted if such an expansion will not cause unemployment in other areas where the
business conducts operations. Execution of the following Certificate is necessary for EDA to determine
whether funding is available for the proposed project.
Applicants are to complete•items*l-3*and*read and understand item 4. •.
1. Grant Applicant Name: City of Lubbock (hereinafter called the "Applicant") <
City, State: Lubbock, Texas
2. Short Project Description: 1 +
Construction of Omnimax Theater
3. APPLICANT'S CERTIFICATION AND ASSURANCE OF COMPLIANCE WITH EDA'S NONREIACATION REGULATIONS
The Applicant certifies and assures that, as an Applicant for EDA assistance it will comply with EDA's
nonrelocation regulations at 13 CFR 309.3.
The Applicant certifies and assures that the facilities to be constructed are not undertaken for the purpose
of serving an employer which has relocated its operation within the Project Boundaries, or for the purpose
of assisting or otherwise encouraging the relocation of such employers, prior to the date of FDA's approval
of the proposed financial assistance, where such relocations are for the purpose of avoiding the
restrictions of the rule, and that relocations will not take place for forty-eight (48) months from the date
of approval of this grant.
The Applicant certifies and assures that it is not presently assisting Dr otherwise encouraging, nor does it
intend to assist or encourage, employers which intend to transfer one or more jobs from one commuting area to
another by either (1) closing an operation in one commuting area and opening a new operation within the
Project Boundaries, which is in anew commuting area, or (2) curtailing its operation in another location
and increasing the number of jobs of the employer's existing operations located within the Project
Boundaries. The Applicant assures that it does not intend to encourage or use the project to assist
employers in transferring jobs as described above.
The Applicant understands that in accordance with 13 CFR 309.3(k)(1) it will obtain a Certificate of
Nonrelocation from all employers locating within the Project Boundaries as follows:
a. All employers located or locating or non -applicant owners or operators of industrial parks
or sites within the Project Boundaries. In the case of grants to fund area -wide utility
systems, Certificates of Nonrelocation will be required from businesses which use or are
projected to use greater than ten percent (10%) of the the total capacity of the utility
system as improved by the EDA grant.
b. Affiliates, subsidiaries, or other entities under direct, indirect, or common control of
the foregoing.
Fbrm ED-101A (Rev. 12/91) -29-
APPLICANT'S CERTIFICATE OF NONRELOCATION
Page 2
Assignees, transferees, lessees, and successors -in -interest of the foregoing entities.
Successors - in- interest of the Applicant or Grantee, who will be required to execute
the "Applicant's Certificate of Nonrelocation."
C.
d.
Exhibit IV-G-2
The Employer Certificates must be maintained by the Applicant/Grantee and made available to EDA
upon request.
The undersigned is authorized to make the foregoing certification and assurances and to execute this
Certificate on behalf of the Applicant.
Fxecuted this Llth day of f"r— 190_
M_qynr
itl ot Executing OfficialT
4. WARNINGS
Note - Section 710(a) of the Public Works and Economic Development Act of 1965, as amended,
provides that: "Whoever makes any statement knowing it to be false, or whoever willfully
overvalues any security, for the purpose of obtaining for himself or for any applicant any
financial assistance under section 101, 201, 202, or 403 or any extension thereof by renewal,
deferment or action, or otherwise, or the acceptance, release, or substitution of security
therefor, or for the purpose of influencing in any way the action of the Secretary, or for
the purpose of obtaining money, property, or anything of value, under this Act, shall be
punished by a fine of not more than $10,000 or by imprisonment for not more than five years,
or both." EDA'S NONRELOCATION REQUIREMENTS AT 13 CFR 309.3(m) PROVIDE THAT: "WHEN EDA
DETERMINES THAT THESE REQUIRD42M HAVE BEEN VIOLATED, EDA WILL TERMINATE FOR CAUSE 'ME
FINANCIAL ASSISTANCE MADE AVAILABLE BY EDA. THE RECIPIENT WILL BE OBLIGATED TO REPAY TO
EDA THE FULL AMOUNT OF THAT FINANCIAL ASSISTANCE PLUS INTEREST, FROM THE DATE DETERMINED
BY EDA UPON WHICH THE VIOLATION OCCURRED, AT THE NEW YORK BANK PRIME RATE AS REPORTED IN
THE WALL STREET JOURNAL ON THE DATE OF TERMINATION."
Form ED-101A (Rev. 12/91) -30-