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HomeMy WebLinkAboutResolution - 4479 - Grant Application - DCNTIA - West Texas Telecom & Info Infrastructure Project - 04_28_1994Resolution No. 4479 Item #34 April 28, 1994 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an application for grant funding under the Department of Commerce National Telecommunications and Information Administration, attached herewith, by and between the City of Lubbock and Department of Commerce, and any associated documents, which application shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: APPROVED AS TO CONTENT: Thomas W. Tuning, Manager Inf 'on Services APPROVED AS TO FORM: G. Vandiver, First Assistant City Attorney DOV:da/ccdoca/DOCAPPL..res April 19, 1994 OMB Approval No. 03484)043 APPLICATION FOR L DATE SIJSMtTTED Applicant Identifiw FEDERAL ASSISTANCE May 12, 1994 I. rot OF t,USMtssu t : 3. DATE RECEIVED BY STATE State Application Identifier Applicawn ProstopticalfOn Construction ConstrtactrOn t. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier M i APPLICANT INFORMATION Lao Nam. City of Lubbock Organizational unit Information/Communication Services Address (give city. county. state. and rip coder Name and telephone number of the person to be contacted on manors involving City of Lubbock - Lubbock County this appl"tion (g" area code) 1625 13th Street Tom Tuninq Lubbock, Texas 79457 806-767-2360 6. EMPLOYER IDENTIFICATION uwatit faint: ir. TYPE OF APPLICANT-. (enter appropriate letter in box) ® �' A. State M. Independent School Dist. 0 0 5 9 0 B. c., I. State Controlled Institution of Nigher Learning C. Municipal J. Private university t TYPE OF APPLICATKM D. Township K Indian Tribe (Z Now Q Contw u hon Q Revision E Inta►stato L. Individual F. Intarmunicipal M Profit Organization E Reviaiort, enter appropriate lette(s) in box(es): ❑ ❑ G• Special District N. Other (Sceufyl A Utuease Award B. Decrease Award C. Increase Duration O- Decrease Duration cow (Specify). 2. NAME OF FEDERAL AGENCY: National Telecommunications and Info. Admin. is. CATALOG OF FEOERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANT': PROJECT: ASSISTANCE 11UMiE1! • West Texas Telecommunications and TTTLEc Telecommunications and Information Information Infrastructure Project Infrastructure Assistance Program IL AREAS AFFECTED BY PROJECT 0660L CpNrlias. ataaea. eICI City of Lubbock, City of Slaton, Texas Tech University, & Lubbock County 12. PROPOSED PROJECT: 14. CONORESSIONAL DISTRICTS OF: - Start Data Ending Date a. Applicant : b Pmwt October 94 March 96 19th Same it ESTIMATED FUNDINIk 16.13 APPLICATION SUBJECT TO REVIEW BY STATE MMCVnn ORDER 122n PROCESS? • YES. DON: THE EXECUTIIVVE ORDER 12 i2 ass FOR AVAILABLE a Federal S 1 2 51, 013 -DD , SSTTA�TEE DATE b NO. PROGRAM IS NOT COVERED BY ED. 12372 OR PROGRAM K4S NOT BEEN SELECTED BY STATE FOR REVIEW b. Applicant t 1, 2 51, 013 woo c. Sate i .00 ai. Local >1 .00 a Other i .00 t. Program Income S .00 17. Is THE APPLICANT DELIHOUENT ON ANY PROERAL DEBT? ❑ ,Yes r 'area.- attach an explanation. ® No D TOTAL = 2,502,025 00 to TO iH[ BNaT OF MY tW01MLEDOE AND BELIEF. ALL DATA W Tie3 APPLICATiO"REAPPLICATION ME ME AND CORRECT. 111L DOCUMENT NAS SEEN OIA V BY THE OOVEWNO DOOM OF THE AMICANT AND INC APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES M THE ASSISTANCE IS AWARDED a. Typed Name atwo b Title c Telephone number David V. -angstgq. Mayor 806-7 7-20 9 native a Date sped ='i.nnz 04/28/94 Standardm t i a-88) v O•asenbod be OtAS A-102 10. Will comply, if applicable, with 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. 11. 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 (EO) 11514, (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 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 at seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. li 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. If 1271 et. seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. 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), EO11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a4 et. seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 at. seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. If 4801 et. seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIG TU OF FUZED CE DYING OF CIAt TITLE Mayor PUCANT MANITATFON DATE suamn7ED City of Lubbock May 12, 1994 SF 424814-88) Back p 32 Tohcmmankmbons and Womabon hLbuf uchm Amisbncs Prom OMB Approval No. 0348-0040 ASSURANCES - NON -CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contactthe awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorizd representative of the applicant, I certify that the applicant: 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 award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. 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. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. is 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). 6. Will comply with all Federal statutes relating to nondiscrimination. 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 197Z as amended (20 U.S.C. 11 1681-1683, and 1685- 1686), which prohibits discrimination on -the basis of sex; (c) Section UK of the Rehabilitation Act of 1973, as amended (29 U.S.C. f 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1976, as amended (42 U.S.C. If 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination 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) is 523 and 627 of the Public Health Service Act of 1912 (42 U.S.G. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vill 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 nondiscrimination provisions in the specific statute(s) underwhich applicationfor Federal assistancels being made; and Q) the requirements of any other nondiscrimination statutes) which may apply to the application. 7. Will comply, or has already complied, 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) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. S. Will comply with the provisions of the Hatch Act (5 U.S.C.SS 1601-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. III 276a to 276a-7), the Copeland Act (40 U.S.C. f 276c and 18 U.S.C. 1 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. If 327-333), regarding labor standards for federally assisted construction subagreements. Standard Form 424B (4-98) Prexdbed br OMB Circular A-102 TiLcvmmw26= om aad bdWashm ht&s&ucnar Aubbam flan P. X Place of Performance: (Street address, city, county, state, ZIP code): Check ❑ tf there are workplaces on file that are not identified here. Alternate 11. Grartees 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 mamifacture, distribution dispensing, possession or use of a controlled 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, to the Director, Office of Federal Assistance, Office of Federal Assistance and Management Support, HCHB Room 6054, U.S. Departrrwnt of Commerce, Washington DC 20230. When notice is made to such a central point, it shall include the identification numbers) 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 load or ban guarantee over $150,000, as defined at 15 CFR Part 28, Sections 28.105 and 28.110, the applicant certifies tfrt 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 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 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 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 eareemerts) and that all subrecipients shall certify and discloso 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 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 employee 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-LLI, '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 then$10,000 and not more than $100,000 for each such failure. As the duty authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification(s). NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME West Texas Telecommunications and City of Lubbock Information Infrastructure Project PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE vid R.*angston, Mayor DATE May 12, 1994 Authorized4or Local p. 34 f f . FORM CO-511 UnaTED STATES DEPARTMENT OF COMMERCE (7191) 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 for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 26, 'Govemmentwide Debarment and Suspension (Nonprocxuremeru); and 'Governmentwide Requirements for Drug -Free Workplace' and 16 CFR Part 28, 'New Restrictions on Lobbying.' The certification shall be treated as a material representation of fad 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 prospective 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 transaction by an 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 performing 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, making false statements, or receiving stolen property, (c) Are not presently indicted for or otherwise criminally or civilly charged by a government 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 -rear period preceding this applicatioNproposal 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. 2. DRUG -FREE WORKPLACE REODUiREMENTS Alternate I. Grantee 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 ib 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 employee 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 engaged 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; Is) 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 convictlot Employers of convicted employees must provide notice, including position title, 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. Notice shall include the identification mimber(s) of each affected grant, It) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is to convicted - 11) Taking appropriate personnel action against such an employee, up to and including termination, consisterht with the requirements of the Rehabilitation Ad 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; (g) Making a good faith effort to continue to maintain a drug -tree workplace through implementation of paragraphs (a),(b),(c),ld),(e), and If). 6. The grantee shall insert in the space provided below the site(s) for tuna performance of work done in connection with the specific grant; uAhorized for Local Reproduction USCOMM DC 91-7115 p. 33