ORDER NO. /eZ / (,O 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 June 19, 1974, for the purposes therein set out; that 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 and to attest said execution. FASSED AND AFPROVED by a majority vote of the Commissioners' Court of Kerr County, Texas, and approved this 24th day of June, 1974. ,,, / ~ , 1 +' j Ju ius R. Neun offer ~//d' >>1~T'1'.iaSfir~ ~ C unty Judge, Kerr County,f Pexas > / , t (,~~, ~J ~ ~` rtr~ie M Mu~nker '~dia;nty' Cie~k and Ex-Officio Clerk of the CommiSs~idners' Court of Kerr County, Texas RESOLUTION ACCEPTING~I~AN~` OFFER AND APPROVING AND ENTER- ING INTO GRANT AGREEMENT AND AUTHORIZING COUNTY JUDGE TO EXECUTE SAME Page 1 of 4 pages EXHIBIT "A" DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1-Offer JE1jJ 1 9 1974 Date of Offer Louis Schreiner Field Kerrville Municipal Airport Project No. 7-48-oi21-02 Contract No. DOT-FA 74 SW-1280 TO: The City of Kerrville and County of Kerr, Texas (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 1Q, 1974 for a grant of Federal funds for a project for develop- ment of the Louis Schreiner Field, Kerrville Municipal Airport (herein called the "Airport"), together with plans and specifications for such project, which Project Application, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project"} consisting of the following-described airport development: Install medium intensity runway lights on runway 12-30, including VAST-4s on both ends, all as more particularly described in the property map and plans and specifications incorporated in the said Project Agplication; FAA FORM 5100-13 PG. t I10-)11 SUPERSEDES FAA FORM 1632 PG. 1 PAGE 1 Page 2 of 4 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701), and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits [o accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, seventy-five (75J) percentrum of all allowable project costs, This 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 $ 45,568 2. The Sponsor shall: (a) begin accomplishment of the Project within ninety (90) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and cornp]ete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Actof 1970, and Sections 152.51- 15~.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (c) carry out and complete the .Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project strall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 15`_'.65 - 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 15°.71 of the Regulations: Provided, that, in the event asemi-final grant payment is made pursuant to Section 152.71 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. FAA FORM 5IOU-13 PG, 2 b..]2) ~ SUPERSEDES Pft EVIOUS EDITION PAGE 2 ' Page 3 of 4 pages 5. The Sponsor shall operate and maintain the Airport as Provided in the Project Applica- tion incorporated herein and specifically covenants and agrees, in accordance with its Assurance 4 in Part III of said Project Application, that in its operation and the operation of all facilities thereof, neither it nor any person or organization occupying space or facili- tiesthereon will discriminate against any person or class of persons by reason of race, color, creed or national origin in the use of any of the facilities provided for the public on t}re 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 United States shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before June 28, 1974 or such subsequent date as may be prescribed in writing by the FAA. 8. In addition the Sponsor shall: r ,(a) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under th(3 project the provisions prescribed by Section 60-1,7(b)(1) and 60-1. 8(b) of the Regulations 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 FAA technical faciliti6s located on the airport. It is further understood and agreed that sponsor will provide, without cost, adequate land for the purgose 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, L0. 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 (OMSE), Field Operations Division, Aepartment of Commerce, Washington, D.C, 20230, or to the local affiliate designated by the OMBE, The sponsor will disclose and make information about the contracts, contracting procedures and requirements available to OMBE or its designated affiliate and minority firms on the saz>le basis that such information is disclosed and made available to other organiza- tions or firms, Responses by minority firms to invitations for bids shall be treated in the same manner as all other responses to the imi- tations for bids. Compliance with the preceding paragraph will be deemed to constitute compliance by the sponsor with the requirements of 44 CFR 21 Appendix C(a)(1)(x), Regulations of the Office of the Secretary of Transportation. FAA FORM 500-13 PG. 3 110-]11 SUPS RSEOES FAA FORM 1632 PG 3 (SWRO 5-1 -74) PAGE 3 ~ ..,, ae4cY6Y~~.y_ 'a-~Y1~""t 'P :~IL'''r. Page 3a of 4 pages 11, It is further understood and agreed that FAA approval of the project included in this agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in accomplishing project construction and in operating the airport; further, that failure to so comply may result in suspension, cancellation or termination of Federal assistance under this agreement, 12, The Federal Government does 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 June 10, 1974 and, therefore, it is understood and agreed that the sponsor is under no obligation to furnish any areas or rights without cost to the Federal Government under this Grant Agreement, however, nothing contained herein shall be construed as altering or changing the rights of the United States and/or the obliga- tions of the sponsor under prior Grant Agreements to furnish rent-free space for the activities specified in such agreements, 13, Zn'oxder to assure the efficient performance, accuracy of alignment and continued availability of the visual approach slope indicators being installed under this project and in consideration of the inclusion of such installation in this project, sponsor covenants and agrees that, unless otherwise approved by the Administrator, it will operate and maintain such visual approach slope indicators in accordance with the following; a, Operation, The visual approach slope indicators shall be kept continually available fox operation during all daylight hours and during all nighttime hours when the runway lights are operating, b, Maintenance, Competent maintenance personnel will perform maintenance in accord- ance with the standards prescribed in paragraph 10, Federal Aviation Administration Advisory Circular, AC 150/5340-14B, Economy Approach Lighting Aids, dated June 1970, Dates of inspections, maintenance accomplished and parts replaced will be recorded in a system log book maintained separately for each installation, c, Spare Parts and Accessories, Sponsor will maintain a readily available supply of spare parts and accessories adequate to assure the prompt, replacement of any parts that may become inoperative or unsatisfactory to reduce the period of any outages to the shortest time feasible, The spare parts and accessories to be maintained will be in accordance with a schedule to be mutually agreed upon by the sponsor and the Administrator, a~ eA,.ym'yJMAre try, ~. w ~aMY.yr'$i^'~":.,.; .;;«,;':~ .5~.'i~isrSk,~,... Page 3b of 4 pages d, Notice to Airmen, In the event of an outage or erratic performance of any component of the visual approach slope indicators that is not inmiediately corrected, the sponsors representative will immediately advise the nearest FAA Flight Service Station and arrange for the publi- cation of an appropriate Notice to Airmen, Similar action will be taken upon restoration of normal operation, 14. It is understood and agreed that Sponsor's assurance Łor the operation of the airport lighting installed under federally assisted programs of the Federal Aviation Administration, providing the assurance requited by Part 152 of the Federal Aviation Regulations, a~ul attached to the Project Application are hereby incorporated into this Grant Agreement. ~~,~ Page 4 of 4 pages The Sponsor's acceptance of 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 Agreement, as provided by the Airport and Airway Development Act of 197Q, constituting 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 Airport. Such Grant Agreement shall become 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 Project but in any event not to exceed twenty years from the date of said acceptance. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION tt~~~arac~~ By Chief, Houston Airports District Office (TITLE) Part [I-Acceptance City of Kerrville, Texas and The County of Kerr, Texas does hereby ratify and adopt all statements, represdrStations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms and conditions thereof. Executed this ...................... day of..............................., 19...... (SEAL) Attest; Title; City Clerk (SEAL) Attest :................................... ......CITY OF KE1tR~rILLE~ TEXAS..,__.... (Name of Sponsor) By ........................................... Title .., i?ayor, City of Kerrville ........... COUNTY OF KERR, TEXAS (Name of Sponsor) Title:.. ,County, .Clerk,. Kerr.County. _ . , . By CERTIFICATE OF SPONSOR'S ATTORNEY Title: County 7ud~e, Kerr County, Texas The City of Kerrville, Texas I ................................... .acting as Attorney for ..and the County of Ker;, Texas (herein referred to as the "Sponsor") do hereby certify: That I hate examined the foregoing Gran[ Agreement 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 thereof is in all respects due and proper and in accordance with the laws of the SCate of .....Texas .................... .and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at ..............................this.......... day of ..........................., 19..... Title ..................~................. FAA FORM 5100-13 PG Oft O-~t~ SU PERSE OES FAA FORM 1632 PG 4 PAGE 4 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 ae 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 forme of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employee and applicants for employment, notices to be provided Betting 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 employes and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as zevised by Executive Order 11375 of October 1967, and of the rules, regulations, and relevant order^ of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, a• 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 hit books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with ouch 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 as 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 will include 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 of September 24, 1965, as revised by Executive Order 11375 of October 1967, eo that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respectto 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 ouch 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 ie 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 as they may require for the supervision of ouch compliance, and that it will otherwise assist the.adminietering 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 refuees 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 Sponsor; and refer the case to the Department of Justice for appropriate legal proceedings. s~~ ~ ~ File~~a9 0 ~ ~'~11~ /S` EMMIE `#F~ Cle 9 ount Co sy - - P'nY. ,1 Appendix 1 Page 3