ORDER NO. 11951 RESOLUTION ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT AND AUTHORIZING COUNTY JUDGE TO EXECUTE SAME BE IT RESOLVED by the Commissioners' Court of the County of Kerr, State of Texas: SECTION I. That the Commissioners` Court of Kerr County, Texas, shall and does hereby accept a Grant Offer of Federal Funds as made by the Chief, Houston Airports District Office, Federal Aviation Administration, under date of September 21, 1973, for the purposes therein set out; than the said Commissioners' Court of Kerr County hereby accepts all the terms, conditions, and obligations therein and thereby imposed and by its acceptance of same does hereby ratify the Project Application and does hereby acknowledge said instruments as constituting a solemn and binding agreement with the United States Government, for the purposes of obtaining Federal Aid in the development of the Louis Schreiner Field Airport, and that a copy of such agreement is annexed as Exhibit "A" hereto and made a part hereof as if set forth at length herein. SECTION 2. That the County Judge of Kerr County is hereby authorized and directed to evidence the County's agreement by affixing his signature to such agreement, which is hereby executed in quintuplicate, and the County Clerk of Kerr County is hereby authorized and directed to impress the official seal of the Commissioners' Court of Kerr County, Texas, thereon :nd to attest said execution. PASSED AND APPROVED by a majority vote of the Commissioners' Court of Kerr County, Texas, and approved this 2$th day of ,September, 1973 r ('' `' ~ ATTEST: ,Julius R. Neunhoffer < i :; ., County Judge, Kerr Couxx}y, Texas ~Eminie M. Mi~gnker ~Gounty ~lerk a~[~rl Ex-Officio Clerk of the Comnii5'sioners'^~Court of Kerr Ccunty, Texas i ,+ ,~~ , '~ %" ~ ~ ;~ '. ~,' .. ~,' THE STATE OF TEXAS Y COUNTY OF KERB X I, EMMZE M. MUENKER, Clerk of the County Court and Ex-officio Clerk of the Commissioners' Court of Kerr County, Texas, do hereby certify that the above and foregoing is a true and correct copy of ORDER NO, 11951, passed by the Commissioners' Court on the 28th day of September A. D, 1973, as the same appears of record in Volume N, Page 426, of the Minutes of the Commissioners' Court of Kerr County, Texas. IN TESTIMONY WHEREOF I have hereunto set my hand and seal of office at Kerrville, Texas on this 28th day of September A. D, 1973., , ~ ~ ~ ,, ~ _.. ,.. ` ~~' EMMIE M. MUENKER ;. Clerk County Court and Ex-officio Clerk of the Commissioners' Court ~.~~ of Kerr County, Texas ~ y' 1 b ~~' ~ ~ - - -- ,,", ~, "Exhibit A" DEPARTMENT OF TRANSFORTATK~N FEDERAL AVIATION ADMIN ISTR AT{ON ~~6~I~'~ ~~lt~~lEI~~~1'~° Part 1-Offer Date of Offer Project No. Contract No. 'I'(}: City of Kerrville and County of Kerr, Texas (herein referred to as file "Sponsor"j Page 1 of 4 pages SEP 2 1 1973 Louis Schreiner Pield Kerrville Municipal Airport 7-48-0121-01 DOT FA-74-SW1100 FROA~: Tile United States of f~n;edca ~actiub through the k~ed~ral Avirltion Administration, herein referred to as the "~~.A") WtlE32EAS, the Sponsor has °~ebmitted to the FAA a Project App iication dated August 23, 1973 for a grant of p'+:derai tirnds for a project for deveIop- rnettt of the Louis Schreiner P'ie1d, Kerrville Municipal Airport (herein called the "Airport"), together wl:io Mans and specifications for sna.;f; project, u~Iilch Project Application, ss approved by the F~FaA is hcrel~y incorl~oraiet's herein and rnacdc a part llercoi; and P~fIEREAS, the FAA has tehpro~ed a project Eor development cC the Airport (herein called the "fI oject") consisting of the tE>Iloc~ing-described airport development. Acquire land (avigation easements in and to Area 1, Parcels 2 and 3; and Area 3, Parcels 3, 3A and 3B, as shown on Property Map );~diibit "A", and twenty-yeas Leasehold in and to Area 6, as described on Exhibit "A-1", or other property interests satisfactory to the Administrator); install Terminal VI1F Omni- Directional Range (TVOR) including security fencing; remove (approximately 400 lf) and relocate (approximately 700 lf) existing fence, all as mare particularly described in the property map and plans and specifications incorporated in the said Project Application; Page ' of 4 pages NOW PHHRPFORF~, pu;s~tnnt to and fbr the purpose of carrying out the provisions of the Airport t..+d 4irway Development ?,rt ~~f I+>"irt, n~ anu:nded (lit IJ.S.t'. 1701 ), ant in consideration of (a) the Sponsor's adoption an+l r:ttificatio:; ~~t the representations a^d assurances contained in said i`ru{ect Application, and its a~~ceptance n! this Often as hereinafter provided, and (b) the benefita n~ xcenie to the United ~~laias and iPu puhiic from the ;~c.+_nn~plishrnent of the Project and the ~~txration and maintenance oi~ the !lirport as herein pruvi~3cd, 1~f]P. FIaERAL AVIAT[ON AI)- ~IIiV1STKATIOi'u, POP. AtiTI (iN 13P}L~,i.i~ O:' TIII UNITI.ll S?'A'PES, HERPBY OFFPRS AND +.(:REFS to paV, as the [Istite~'. Siatc~; ~s-.are of the allowabh: costs incurred in accomplishing the Paoject, Seventy-five percentum (75i) of all allowable project costs, i~his Offer is made on and subject to the following terms and conditions: 1. The maximum obligation of the United States payable under this Offer shall be g 4,378 2. The Sponsor shall: (a) begin accompli,hment of the Project within ninety (90) days after acceptance of this Offer or such longer time as may he prescribed by the FAA, with Cailure fn do w amstituting just cause for tenniuatirni of the obligations of the United States hereunder by Ute PA.A; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1~~70, and Sections 1.5?.51- ]:i".ti3 of the Regulations +,f the Federil ,'aviation Administration (14 CPR 152) in ctfeCt ns of the date of acceptance of this Often, which Regulations are hereinafter referred to as die "Reguhuions'~; (c) carry out nod complete the Project in acenrd~u~ee with the plans and speeificatious and property map, incorporated herein, as they may be revised or modified with the approval of the PAA. 3. The allowable costs ul dre project shall not include any costs determined by the FAA to be ineligible fog consideration as to alLowabiJity andcr Section l5:?. f7 (t,) of the Regular lions. d. Payment of the flatted States share- of the allowable project costs will be made pursuant to and in acco~dauce vrith the provisions of Sections I5".ro.i - I:i'.71 of the Regulations. Final determination as to t}+e alluwability of the costs of the project will he made at the time of the final grant payment pursuant to Section I:i:'.71 of the Regulations: Provided, that, in the event asemi-final grant payment is made pursuant to Seclic372 IS'~.'FI of the Regulations, 11na1 determination as to the allowability of those costs to which such semi- final payment relates will he made st the time of sucb semi-final payment. ..~ ~..,. ir~i.rurviiN..~ir~~, i,~,i ~saan ~~~ 0092 y". Page 3 of 4 pages 5. The Sponsor shall operate and maintain the Airport as Y~o~sided in dte Project Applica- tion incorporated herein and specificakly covenants and agrees, in accordance with its Assurance 4 in Part 1[1 of said Prnjeet Application, that in its operation and the operation of all facilities thereot, neither it nor any person nr uiganir,ation occupying space or facili- ties thereon will discriminate against any person nr class of persons by reason of race, color, creed nr national origin in the use of any of the tacilities provided for the public nn the airport. 6. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. This Offer shall expire and the [lnited States shall not he obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before 60 days of the above date or such subsequent date as may be prescribed in writing by the FAA. g In addition the Sponsor shall; (a) Incorporate or cause to he incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section h0-1, 7(b)(1) and 60-1, 8(b) of the Rcgulati.ons issued by the Secretary of Labor (33 FR 7804, 41 CFR Part 60-1), (b) Comply with the provisions set forth in Appendix I, attached hereto, 9, It is understood and agreed that the sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Adminis- trator at all PAA technical Facilities located on the airport, It is further understood and agreed that sponsor will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and privately owned when used for FAA business) neces- sary for the maintenance and operation of the FAA facilities on the airport, Such land shall be adjacent to the facilities served, 10, It is mutually understood and agreed that the United States will not make final payment of its share of allowable costs under this project until Sponsor has furnished evidence satisfactory to the Administrator • that it is the owner of property interests satisfactory to the Adminis- trator in and to the land shown as Area 1, Parcels 2 and 3; and Area 3 Parcels 3, 3A and 3B, as shown'on the property map Exhibit "A"; and Area 6, as described on property map Exhibit "A-1", 11, The Federal Governt~ nt doe:. not now plan or contemplate the construction of any structures pursuant to paragraph 11 of Part III -Sponsor's Assurances of the Project Application dated August 23, 1973, and, there- fore, it is understood and agreed that the sponsor is under no obligation to furnish any areas or rights without cast to the Federa} Government t a Page 3a of 4 pages under this Grant Agreement, However, nothing contained herein shall be construed as altering or changing the rights of the United States and/or the"obligations of the. sponsor under prior Grant Agreements to furnish rent-free space for the activities specified in such agreements, 12, It is further understood and agreed that FAA approval of the project included iu this agreement is conditioned on the Sponsors compliance caith applicable air and canter quality standards in accomplishing project construction and in operating the airport; further, that failure to so comply may result in suspension, cancellation or germination of federal assistance under this agreement, 13, It is understood and agreed that, notwithstanding any other terms and provisions of this agreement, the United States will not be obligated to make auy payment to Che Sponsor under this Grant Agreement until the Sponsor has removed or caused to be removed any growth, structure or other object within the runway approaches at each end of Runway 12-30 • which would be au obstruction to the landing, taking-off or maneuvering of aircraft at the airport, She standards to be applied for the clearing of the approa^hes to the runways shall be those standards established by the Administrator in Federal Aviation Regulations part 77, Objects Affecting Navic;aUle Airspace, 14, The Sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other businesses at the airport to the Office of Minority Business Enterprise (OM6E), Field Operations Division, Department of Cormnerce, Washington, DoC, 20230, or to the local affiliate designated by the OP1BE, The Sponsor will disclose and make information about the. contracts, contracting procedures and requirements available to OM6E or its designated affiliate and minority firms on the same basis that such information is disclosed and made available to other organizations or firms, Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the invitations for bids, Compliance with the preceding paragraph will be deemed to constitute compliance by the sponsor with the requirements of 49 CFR 21 Appendix C (A)(1)(X), Regulations of the Office of the Secretary oL Transportation, 15, SPECIAL CONDITION FOR ELECTRONIC NAVAID INSTALLATION In order to assure safe, efficient performance, accuracy, and reliability of the electronic navaid(s) to be installed under this Grant Agreement, Sponsor acknowledges its awareness of the cost of operating and maintaining the electronic navaid(s) and specifically covenants and agrees that Sponsor shall, during the term of this Grant Agreement, maintain and operate (or have maintained and operated) the electronic navaid(s) and related runway li,:,hting as follows: Page ,a Page 3b of 4 pages (a) Operation, The electronic navaid (s) shall be operated, except for outage for maintenance or due to malfunction, day and night throughout the year from date of commissioning throughout the life of this Grant Agreement, In addition, The runway lighting system for runway 1?J30 (that primarily served by the electronic navaid(s)) shall be operated at all times between sunset and sunrise, During daylight hours when competent personnel are readily available to operate lighting controls and when ground-to-aix communications are operating, the runcaay lighting system shall be operated only when needed for IFP. operations or when a request is otherwise made by a pilot or operator, During daylight hours whenrcompetent personnel are not readily available or when ground- ' to air communications are not operating, the runway lighting system shall he operated continuously when IFR conditions exist at the airport, (b) Maintenance, All needed steps shall be taken to 'keep the electronic navaid(s) and runway lighting systems operational as set out above, When system malfunction occurs, all necessary steps shall be taken by or for Sponsor to have the malfunction corrected within the shortest feasible time, In addition, the requirements for electronic navaid operationilFR procedure approval contained in the Subpart(s) of I'cderal Aviation Regulation Part 171 applicable to the electronic navaid (s) to be installed under this Grant Agreement shall be com- plied caith, (c) Notice to Airmen, In the event of an outage or erratic performance of any component oL the electronic navaid(s) or runway lighting system that is not immediately corrected, the Sponsor shall immediately advise the nearest I'AA Plight Service Si:ation and arrange for the publi- cation of an appropriate Notice to Airmen, Similar action shall be taken upon restoration of normal operation, Non-compliance with this provision shall constitute a material breach 'of this Grant Agreement; in the event of such non-compliance, the I'AA may take such action as it deems appropriate to enforce compliance including, but not limited to, suspension oL payment under thc'~Yant Agreement or judicial enforcemen~:, Page 3b Page 3c of 4 pages 16, It is understood and agreed that the United States will not be obligated to make the final payment to the Sponsor under this Grant Agreement until the Sponsor has submitted to the Federal Aviation Administration an acceptable Airport Layout Plan developed in accordance with Advisory Circular 150/5070-6, 17, It is agreed that the property maps Exhibit "A" and "A-1° revised August 30, 1973 attached to the Project Application dated August 23, 1973, are substituted for the original Exhibit "A" and such substitution is approved for all purposes, 18, It is understood and agreed that the United States will not make nor be obligated to make any payment for construction accomplished under this Qrant Agreement unless and until the Sponsor has furnished .evidence satisfactory to the Administrator that it is the owner of property interests satisfactory to the Administrator in and to the land upon which such construction has been, or is to be, accomplished, Page 3c -- _- Page 4 of 4 pages The Sponsor's acceptance oC this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein- after provided, and said Offer and .Acceptance shall comprise a Grant Agrecment, as provided by the Airport and Airway Development Act of 1 r170, ronstihiting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airpori. Such Grant Agreement shaft bec,onre effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful life of the facilities developed under the Pru}ect but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERI('A FEDERAL AVIATION ADMINISTRATION fay Chief, Houston.Airports District_Office (TITLE) Part 11-Acceptance City of Kerrville, Texas and The County of Kerr, Texas does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials refereed to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions tltereoi~. I(SEAi~ed this ...................... day of..............................., 19....., Attest: CITY OF KERRVILLE TEXAS Title; City Clerk (SI'.AL) AltCSt :................................... x ................ .... (Name of Sponsorl 13v .......... Title MAYOR,. CITY, OF KERRVZLLG ............... COUNTY OF KERB, TEXAS (Name of Sponsor) Ti[le:. County ,CJexk,ge,rr.Connty....... BY CERTIFICATE. OF SPONSOR'S ATTORNEY Title; County Sudge, Kerr County, Texas The City of Kerrville, Texas I . .................................. .acting as Attorney tier .and. tlte,Couztty, of. I{exx'.,..Texas, (herein referred to as thr "Sponsor"1 do hereby certify: That 1 have esamincd the foregoing' C;rant Agrecment and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly auth- orized and that the execution thcie~~f is in all respects due and proper and in accordance with the laws of the State of.....Texas ... . . . . . .. . . ... . .... . tired further that, in my opinion, said~Grant Agreement constitutes a legal and hinding ohligation of the Sponsor in accordance with the terms thereof. Dated at ..............................this.......... day of ................ _ ........., 19 Title .... ............................... APPENDIX 1 The Sponsor hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, con- tract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, sex, religion, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employee are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demo- tion, transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forma of compensation; and selection for training, including apprenticeship. The contractor agrees to poatin conspicuous places, available to employes and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employee placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, sex, religion, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employee and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Appendix 1 Page 1 hie books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, and such other sanctions ae may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor willinclude the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (7)in every sub- contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 0£ September 24, 1965, as revised by Executive Order 11375 of October 1967, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The Sponsor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; Provided, that if the Sponsor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentally or subdivision of such government which does not participate in work on or under the contract, The Sponsor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information ae they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing complia~e. Appendix 1 Page 2 The Sponsor further agrees that it will refrain from entering into any contract of contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcon- tractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Sponsor agrees that if it fails or refuses to comply with these undertakings, the administering agaicy may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sponsor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sponaor; and refer the case to the Department of Justice for appropriate legal proceedings. P 3' Appendix 1 Page 3 ~~ ~Y, ~_',' `~•, ... ;;:'ln. ns .ALE jG'9; ., _. ... ,{1: 'e ~766i` A.6G6'7A61~ (L Ui:JJ c fiC~ ~~iiwUB01~ 3:1(1, Fv- '.: i. lU+~ C3 d4 }.f7 ~JJE ;)6 U3 .t's.:_..t C - vj! v.. ._t T. 2I1 t:i:, ?( {: . : t. ~ ~ v ,. !yi ., ., ! .elrit, `:7. J(1 .i~ ,', t <.. F.~r.Xix~_... ~~W ~F.ac;r t~ Fri ,F, us .,w~ ., r~_~r: ~ _~,.a. _rii ..,,;{. «~; , . }J3 .y GI,-.. ::J. 3Uf ~C. 1'(„ ... rv ~i~•_:. 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