ORDER N0. 15146
ACCEPTANCE OF GRANT AGREEMENT FOR DEVELOPMENT PROJECT AT
THE LOUIS SCHREINER FIELD, KERRVILLE MUNICIPAL AIRPORT,
BETWEEN THE CITY OF KERRVILLE AND COUNTY OF KERR, HEREIN
REFERRED TO AS THE "SPONSOR" AND THE UPdITED STATES OF
AMERICA (ACTING THROUGH THE FEDERAL AVIATION ADMINISTRA-
TION, HEREIN REFERRED TO AS THE "FAA")
On this the 15th day of August 1983, upon motion made by
Commissioner Holland, seconded by Commissioner Higgins, the
Court unanimously approved a Grant Agreement for Development
Project at the Louis Schreiner Field, Kerrville Municipal
Airport, between the City of Kerrville and County of Kerr,
herein referred to as the "Sponsor" and the United States
of America (acting through the Federal Aviation Administra-
tion, herein referred to as the "FAA"), Project No. 3-48-0121-O1,
Contract No. DOT FA 83 SW-8813. Said project for development
of the Airport consisting of the following-described Airport
Development: Rehabilitate portion and Overlay Runway 12-30
(100' x 4,400'), including marking.
It is further ordered by the Court that County Judge Gordon
S. Morriss be authorized to execute said agreement on behalf
of Kerr County.
Page 1 of .5 pages
~r
U 5 Departmern
of ironsportatlan
F.a«d Avwtton
Administroflo~
Part l-Offer
{1U61i 1983
Date of Offer: ___
Airport: Louts Schreiner Field, Kerrville
Municipal Airport
Project No. 3-48-0121-01
Contract No. DOT FA 83 SW-8813
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, tl~e Sponsor has submitted to the FAA a Project Application (also called
an Application for Federal Assistance) dated July 21, 1983 , for a grant of Federal
funds for a project for development of the Louis Schreiner Field, Kerrville
Municipal Airport (herein called the "Airport"), together with plans and
specifications for such project, which Application for Federal Assistance, 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:
Rehabilitate portion and overlay Runway 12-30 (100' x 4,400'),
including marking.

all as more particularly described in the property map and plans and specifications incor-
porated in the said Application for Federal Assistance.
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
fAA FORM 5100-37 (11-$2) Development
ORDER N0. 15146
ACCEPTANCE OF GRANT AGREEMENT
FOR DEVELOPMENT PROJECT AT THE
LOUIS SCHREINER FIELD, KERRVILLE
P~IUNICIPAL AIRPORT BETWEEN THE
CITY OF KERRVILLE AND COUNTY OF KERR,
HEREIN REFERRED TO AS THE "SPONSOR"
AND THE UNITED STATES OF AMERICA
(ACTING THROUGH THE FEDERAL AVIATION
ADMINISTRATION, HEREIN REFERPED TO
AS THE "FAA")
8-15-1983
Vol. P, Page 355
~~
U.5 Departmern
of Tronsportotion
federal Aviation
Administration
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
Page 1 of 5 pages
Part 1-Offer
AU611 1583
Date of Offer: ___
Airport: Louis Schreiner Field, Kerrville
Municipal Airport
Project No. 3-48-0121-01
Contract No. DOT FA 83 SW-8813
TO: The City of Kerrville and County of Kerr, Texas
(herein referred to as the "Sponsor")
FROI\9: The United States of America (acting through the Federal Aviation Administration,
herein referred to as the "FAA")
VdHEREAS, the Sponsor has submitted to the FAA a Project Application (also called
an Application for Federal Assistance) dated July 21, 1983 , for a grant of Federal
funds for a project for development of the Louis Schreiner Field, Kerrville
Municipal Airport (herein called the "Airport"), together with plans and
specifications for such project, which Application for Federal Assistance, 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:
Rehabilitate portion and overlay Runway 12-30 (100' x 4,400'),
including marking.
all as more particularly described in the property map and plans and specifications incor-
porated in the said Application for Federal Assistance.
' ~ "~-~S~Y~'
^~~{ ~
FAA FORM 5100-37 (1L-82) Development +~~L~ G-' ,. ,,!
Page 2 of 5 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions
of the Airport and Airway Improvement Act of 1982, herein called the "Act,"
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 to accrue
to the United States and the public from the accomplishment of the Project and
compliance with the assurances and conditions as herein provided, THE FEDERAL
AVIATION ADMINISTRATION, 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, ninety percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Standard Conditions
1. The maximum obligation of the United States payable under this offer
shall be $ 411,000.00 which is comprised of:
$ 411,000.00 for development other than land
$ 0.00 for land acquisition
2. The allowable costs of the project shall not include any costs determined
by the FAA to be ineligible for consideration as to allowability under the
Act.
3. Payment of the United States share of the allowable project costs will be
made pursuant to and in accordance with the provisions of such regulations
and procedures as the Secretary shall prescribe. Final determination of
the United States share will be based upon the final audit of the total
amount of allowable project costs and settlement will be made for any
upward or downward adjustments to the Federal share of costs.
4. The sponsor shall comply with the Airport and Airway Improvement Act of
1982 and shall carry out and complete the Project without undue delays and
in accordance with the terms hereof, and such regulations and procedures
as the Secretary shall prescribe and agrees to fully comply with the Part
V Assurances of the Application for Federal Assistance which is attached
to and becomes a part of this offer.
5. The FAA reserves the right to amend or withdraw this offer at any time
prior to its acceptance by the sponsor.
6. 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 September 30, 1983
or such subsequent date as may be prescribed in writing by the FAA.
7. The property map referred to on Page 1 of this Grant Agreement is the
Property Map, Exhibit A attached to the Application for Federal
s i tance attached hereto
FAA Form 5100-37 (11-82) Development
Page 3 of 5 Pages
Special Conditions
8. The plans and specifications referred to on Page 1 of this Grant
Agreement are the plans and specifications approved by the FAA on
July 6, 1983.
The following special assurances are added to Part V, Assurances, of the
Application for Federal Assistance attached to this Grant Offer:
31. The Federal Government does not now plan or contemplate the construction
of any structures pursuant to Paragraph 15 of Part V, Assurances, of the
application dated July 21, 1483, and therefore it is understood and agreed
that the Sponsor is under no obligation to furnish any new areas or new
rights without cost to the Federal Government under this Grant Agreement.
However, it is agreed and understood that the rights of the United States
to cost free areas obtained under unexpired Grant Agreements with the
Sponsor are extended for twenty years from the date of this Grant Agreement.
Furthermore, the responsibility for paying the cost of relocating any
facilities located in such cost free areas shall be determined in accordance
with Advisory Circular 150/5300-7B, FAA Policy on Facility Relocations
Occasioned by Airport Improvements or Changes.
FAA Form 5100-37 (11-82) Development
Page 4 of 5 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 hereinafter provided, and said Offer and
Acceptance shall comprise a Grant Agreement, as provided by the Airport and
Airway Improvement Act of 1982, constituting the obligations and rights of the
IInited States and the Sponsor with respect to the accomplishment of the Pro~eet
and compliance xith the assurances and conditions as provided herein. Such
Grant Agreement shall become effective upon the Sponsor's acceptance of this
Offer.
iR7ITED STATES OF AMERICA
FEDERA ATZON ADMINISTRATION
(Tit1Se)~ Manager, Safet~~ andards B nch
Part II - Acceptance
The Sponsor does hereby ratify and adopt all statements, representations,
xarranties, covenants, and agreements contained in the Project Application
and incorporated materials referred to in the foregoing Offer and does
hereby accept said Offer and Dy such acceptance agrees to all of the terms
and conditions thereof.
Executed this ~s` " day of ~~-"'~P"-~-~~ , 19~~J.
.. X .4F: ~GF,I~~IJJ,.~.. ~~Xt~,~...... .
ame of Sponsor)
1. n -,-~~B _~~ !~ n T
(SEAL)
Attest: ..G
Title: ..
CERTIFICATE
By
.......
SPONSOR'S ATTORNEY
.. ...
t
I,~~ew.s ~'_ ~ ~, acting as Attorney for the Sponsor do hereby certify:
That I have examined the foregoing Grant Agreement and the proceedings
taken Dy said Sponsor relating thereto, and find that the Acceptance thereof
by said Sponsor has Deen duly authori2ed and that the execution thereof is
in all respects due and proper and in accordance with the laws of the State
of Texas and the Act and further that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of the Sponsor 1n
accordance with the terms thereof.
Dated at KeMJo ~I_ this/.~ ~dS~~ ~`'`;~ ,,,0' 1. 19g,~j.
Title ~1. ~'~...~. ~~....lll.........

FAA Form 5100-37 (11-82) Development
Page 5 of 5 pages
Part II - Acceptance (continued)
The Sponsor does hereby ratify and adopt all statements, representations,
xarranties, 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 ouch acceptance agrees to all of the terms
and conditions thereof.
Executed this 15th day of
By.~:.
(SEAL) ~
•~ Title.
Attest: T~ a ~
G
August ~-, ~ . 19 83•
... . .. .........
of ~on or) Q
Ydori ~~ ~ Morriss •
Judgei~Ke~r•County, Texas
. ~X-~ .zl~ l~K:R- 1-4y';,il'~~e2~icFil~
Title: ~.-~ :Z~:
~~ ~ k-~
Patricia Dye
CERTIFICATE OF SPONSOR'S ATTORNEY
I~ ~•~'~n4~"` vdk$ , acting as Attorney for the Sponsor do hereby certify:
That I have examined the foregoing Crant Agreement and the proceedings
taken by said Sponsor relating thereto, and find that the Acceptance thereof
by said Sponsor has been duly authorized and that the execution thereof is
in all respects due and proper and in accordance xith the laws of the State
of Texas and the Aet and further that, in my opinion, said Crant
Agreement constitutes a legal and binding obli n-ofi'iEhs_$ponsor in
accordance with the terms thereof. y ,
Dated at Kerrville, Texas },hfa15( day of
Title .
19 83.
..~: •~KE~j....
FAA Form 5100-37 (11-82)
ONe ApDrov1 Ne. 29-ROEIR
	FEDERAL ASSISTANCE	L APPLI•	•• NUMBER	A~nguc~	~ ~MTX 61019053
		eANrs		.
noN	
	
1. TYPE
^ PREAPPLIGTION	
APPLI•	
-. DATE
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	Bosj~M ^ REPORT CF FEDERAL Rtl'ION	SI•^A 1 __
	1. LEGAL APPLICANT/NECIPIEt(i i ~	S. FEDERAL EMPLOYER IDENTIFICATION NO.
	piaelltwrM ;City of Kerrville
A
•	e 74-6001490 -----~
	,
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		catewP)	Airport Improvement Pro
	Y. ConteA Parent (Nano		
	tel.nAewr No.) :J. Louis Odle 512 257-8000		
	7. TITLE AND DESCRIPTION OF APPLICANTS PROJECT	0. TYPE OF APPLICANT/RECIPIENT
		A-Slab N-Cmrsuniq Iktlan Ataq
	Rehabilitate ortion and overla Runwa 12-30
P Y Y	s-IntxeW. I-Mi hrr Edu4tienel natrtaleR
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		9. TYPE OF ASSISTANCE
		A-Beaic Sreot D-Insunxe
		ILSupplsawral EnM E-0thtr awter eyyw
		C-Lan yriab kttar(e)
	10. AREA OF PROJECT IMPACT INamo o) nlin, eouwtirr,	11. ESTIMATED NUM	12. TYPE OF APPLICATION
	Starer, rte.)	RER OF PERSONS	A-Rw 6Rariaia E-Nr{men4tiw
	
Kerrville, Texas -Kerr County,Tx	SENEFITINO
30,000	B-Renawal D-Continwtia
awter aaTenriae. laeen®
	73. PROPOSED FUNDING 11. CONGRESSIONAL DISTRICTS OF:	1S. TYPE OF CHANGE (For lye or 1!e)
	1. FEDERAL	f .(111 000,00	a. APPLICANT	b. PROIECi	&-0eauai Doll, n F-Otter (S~rJY)s
	e. APPLIUNr	45,667.oD	21	21 _
~-	DF.lon:«..» o~nil0°aa N/A
	STATE	0
--	18. VROJECT START	37. PROJECT	E-Qnnll•tla
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l	19. E%ISTINO FEDERAL IDENTIFICATION NUMBER
	f. Tmu	t .a
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FEDERAL
AOENCY i 39 83	
3-48-0121-O1-83
	__
30. FEDERAL AGENCY TO RECEIVE. REQUEST (Narnr, City, Btab, LlP eadr) lrp OTCS 1V SlOn,	21. REMARKS ADDED
	Federal Aviation Administration, Box 1689, Ft. Worth, TX 76101	1] rey p No
	22.	e. To the bat of my knowlN/e and blid,	b. If raqulrN M OMB Cln:ulu A-91 thin tpliatlM wet aobmittN, Furwant G in• New ReaPewey
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	29. ADDRESS	S0. FEDERAL GRANT
	-
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	33. AC110N TAKEN '	` . _ _
32. lUNUiiCG	Yrar wsowtA day	31. Yrar aaowG W
		-- _		STARTING
	w AWARDED	e_iEDERAI f .00	33. ACTION OATE- 19	DATE 19
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	A-95 ACTION		
gram
12h101 iTANDARD FORM 121 -AOL 3 11P-7yF
Reeart2et b GSA, Prdrret Yewayewewa GYrowfer FN
DEPARTMENT OF TRANSPORTATIDN • FEDERAL AVIATION ADMINISTRATION
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local,
regionol, or other priority rating?
Yes R No
Item 2.
Does this ossistance request require State, or local
odvisory, educational or health clearances?
Name of Governing Body
Priority Roting
Name of Agency or
Board
Yes % No (Attach Documentation)
Item 3.
Does this ossistance request require clearinghouse review (Attach Comments)
in accordonce with OMB Circular A-95?
Yes R No
Item 4.
Does this assistance request require State, local,
regional or other planning approval?
Yes R
Item 5.
Is the proposed project covered by an approved
comprehensive plan?
R Yes
Item 6.
Will the assistance requested serve a Federal
installation? Yes %
Name of Approving Agency
Date
No
Check one: State ~
Local ~
Regional [-l
No Location of pion
Kerrville Municipal
Airport Plaster Plan
Name of Federal Installation
No Federol Population benefiting from Project
Item 7.
N'iil the assistance requested be on Federal land Name of Federol Installation
or installation? Location of Federol Land_
Yes R No Percent of Project
Item $.
Will the assistance requested have an impact or effect See instruction for additional information to be
on the environment? provided.
Yes % No
Item 9. Number of:
Will the assistance requested cause the displacement of Individuals
individuols families, businesses, or farms? Families
Businesses
v__ X .~_ Farms
Item 1f).
Is There other related.Federol assistance on this See instructions for additional information to be
project previous, pending, or anticipated? provided.
Yes x Na
FAA Form 5100-100 (673) SUPERSEDES PAA FORM 5100 t0 PAGES 1 TNRU 7 Pog! 2
aMB NO lO~R0181
KERRVILLE-KERR COUNTY AIRPORT
REVISED 8/3/83
Proj. No. 3-48-0121-O1-83
DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. a4-R0209
PART II - SECTION C (SECTION B OMITTED)
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use.-The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in
the vicinity of the airport:
AIRPORT HEIGHT ZONING
2. Defaults.-The Sponor is not in default on any obligation tv the United States or any aoency of the United States Govern-
ment relative to the development, operation, or maintenance of any airport, except as stated herewith:
N/A
3. Possible Disabilities.-There are no facts or circumstances (including the existence of effective or pmpwed leases, use
agreements or other leoal instrwnents affecting use of the Airport or the existence of pending litigation or other I,oal proceedings)
„•hich in reasonable probability might make it impossible for the Sponsor to earr}~ out and eomplete the Project or carry out the
provisions of Part V of lhis.Application, either by limiting its leeal or financial ability or othen.ise, except as follows:
NONE
4. Land.-{a) The Sponsor holds the following proper[}' interest in the following areas of land* which are to he developed
or used as part of or in connection with the .Airport, subject to the following exceptions, encumbrances, and adverse interests,
all of which areas are identified on the ~xrEniizrrn=rl property map deeignated a= Exhibit "A"
AREA	2 -	PARCEL 2A	- AVIGATION EASEMENT
"	3 -
4 -	PARCELS 3A,
PARCEL 4 -	3B*, and
AVIGATION	3C - AVIGATION EASEMENT
EASEMENT
"	5 -	FEE TITLE		
"	6 -	FEE TITLE		
OUTER	MARKER SITE -	FEE TITLE	
*The	easterly portion of this	parcel is now within the Airport
boun	dary	and owned	in £ee.	
"Stale character of property interest in rack area and fist mrd identifj' for each aft exceptions, encum Lrances, and adoer.ce interests
of every Aind and mlure, including liens, easements, leases, e[c. The separate areas of Land need only Le identified here Ly the
area numfiers shown on the property map.
FAA form 5100-100 (a-yet Page 3a
DEPARTMENT OF TRANSPORTATION -FEDERAL AVIA710N ADMINISTRATION OMB NO. 04-R0209
PART II - SECTION C (Continued)
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or tide company and that
such attorney or title company has determined that the Sponsor holds the above property interests.
(b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under
the Project, the following property interest in the following areas of land` on which such construction work is to be performed,
all of which areas are identified on the aforementioned property map designated as Exhibit "A":
NONE
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under
the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in
connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned
property map designated as Exhibit "A":
.NONE
5. Exclusive Rights.-There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned
or controlled by the ?porrsor except as follows:
NONE
*Smte chameter of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map.
FAA Form 5100-100 to-~sl Page 3b
DEPARTMENT OF TRANSPOR7ATlON -FEDERAL AYIATION ADMINISTRATION
OMB NO. BO-ROIBG
PART III -BUDGET INFORMATION -CONSTRUCTION
SECTION A -GENERAL
1. Federal Domestic Assistartce Catalog No . ...... . .... .
2. Functional or Other Breakout .......... . ........ .
SECTION B -CALCULATION OF FEDERAL GRANT
	Use only fn revisions	
Total
Cost ClassiF is of ion	
Letest Approved
Amoom	
Adjustment
+ er (-)	Amount
ReQuired
1. Administration expense	$	$	$ 448.00
2. PreLminary expense			
3. Landtstructures, right-of-way			
4- Architectural engineering basic fees			28, 000.00
5. Other architectural engineering fees			
ti. Project inspection fees			6,800.00
7. Land development			
8. Relocation Expenses			
9. Celocation payments to Individuals ano businesses			
]0. Demolition and removal			
11. Construction and project improvement			421,419.00
12. Equipment			
13. Miscellaneous			
14. Totaf (Lines 1 through i3)			456, 667.00
15. Estimated Income (if applicable)			
16. Nei Project Amount (Line 14 minus 15)			456,667.00
I7. Less: Ineligible Exclusions			
18. Add: Contingencies			
19. Total Project Amt. (Excluding Rehabilitation Grants)			456,667.00
20. Federal Share requested of Line 19			411, 000.00
21. Add Rehabilitation Grants Requested (100 Percent)			
22. Tolal Federal grant requested (Lines 20 8 21)			411, 000.00
23- Grantee share			45,667.00
24. Other shares			
25. Totalproject(Lines22,23824)	$	$	$ 456,667.00
FAA Form $100-7D0 (6 731 SUPERSEDES FAA FORM 5700-10 PAGES 7 THRU 7 Poge4
SPORTATION FEDERAL AVIATION ADMINISTRATION
oMe no ea-AOiec
DEPARTMENT OP TRAN
SECTION C -EXCLUSIONS
NONE	


26	Classification	Irw liq ib le for
Participation
1	Ezcl sided From
Contingency Provision
2
o,		b	b
b_			
c.			
d.			
s.			
f.			
9-	Totols	b	$
	SECTION D -PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27.	Grantee Share	q 45,667.00
	a. Securities	--
	b. h1ortgages	--
	c. Appropriations (By Applicant)	45, 667.00
	d. Bonds	--
	e. Tax Levies	--
	t- Non Cash	--
	g. Other (Explain)	
	h. TOTAL -Grantee share	45,667.00
2R.	Other Shares	
	a. State	
	b. Other	
	c. Total Other Shares	--
29.	TOTAL	q 45,667.00
	SECTION E -REMARKS	
		
	PART IV PROGRAM NARRATIVE Attach -See Instructions	
FAA Form $100-100 I6-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 TNRU 7 PO9G rJ
PART V
ASSURANCES
(For Development Projects)
These assurances shall remain in full force and effect throughout the useful life of the facilities developed
under this project, but in any event not to exceed twenty (20) years from the date of said acceptance of an offer
of Federal aid for the project. However, these limitations on the duration of the covenants do not apply to the
covenant against exclusive rights and real property acquired with Federal funds.
The sponsor hereby assures and certifies, with respect to the grant applied for in this Application, that:
1. General Federal Acquirements. It will comply with the following laws, regulations, policles, guidelines, and
requirements as they relate to the application, acceptance, and use of Federal funds for this project:
Federal Legislation
a. Federal Aviation Act of 1958
h. Hatch Act
c. Federal Fair Labor Stantlards Act
d. Davis-Bacon Act
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Titles II and III
f. National Historic Preservation Act of 1966 - Section 106
g. Archeological and Historic Preservation Act of 1966
h. Flood Disaster Protection Act of 1973 - Section 102(a)
i. Rehabilitation Act of 1973 - Section 504, Section 503
j. Civil Rights Act of 1964 - Title VI
k. Aviation Safety and Noise Abatement Act of 1979
1. Age Discrimination Act of 1975
m. Architectural Barriers Act of 1968
n. Vietnam Era Veterans' Readjustment Assistance Act of 1974 - Section 402
o. Airport and Airway Improvement Act of 1982
p. Powerplant and Industrial Fuel Use Act of 1978 - Section 403
Federal Re¢ulation
a. 49 CFR Part 21 - Nondiscrimination in Federally Assisted Programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of 1964
b. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs
c. 49 CFR Part 27 - Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance
d. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor (Federal and Federally Assisted Contracting Requirements, Including those Relating to Disabled
Veterans and Veterans of the Vietnam Era and Handicapped Workers)
e. 14 CFR Part 150 - Airport Noise Compatibility Planning
Office of Management and Budget Circulars
a. A-95 - Evaluation, Review and Coordination of Federal and Federally Assisted Programs and Projects
b. A-102 - Uniform Requirements for Assistance to State and Local Governments
c. FMC-74-4 - Cost Principles Applicable to Grants and Contracts with State and Local Governments
Executive Orders
a. 11246 - Equal Employment Opportunity in Federal and Federally Assisted Contracting
D. 11593 - Historic Preservation
c. 11288 - Prevention, Control, and Abatement of Water Pollution
d. 11926 - Evaluation of Flood Hazards
2. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of
approval of the project) of public agencies authorized by Lhe state in which such airport is located to plan
for the development of the area surrounding the airport and will contribute to the accomplishment of the
purposes of the act.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the Project costs which are
not to be paid by the United States and sufficient funds to assure operation and maintenance of the facility
for the purposes constructed.
4. Authority of Sponsor. It has legal authority to apply for the grant, and to finance and construct the
proposed facilities; that a resolution, motion, or similar action has Deen duly adopted or passed as an
official act of the applicant's governing body, authorizing the filing of the application, including all
understandings and assurances contained therein, and dlrecting and authorizing the person identified as the
FAA Form 5100-100 (11-82) Development Page 6
official representative of the applicant to act in connection with the application and to provide such
additional information as may be required.
5. Good Title to Airport. It holds good title, satisfactory to Lhe Secretary, to the landing area of the
airport or site therefor, or will give assurance satisfactory to the Secretary that good title will be
acquired.
6. Consideration of Local Interest. It has given fair consideration to the interest of communitles in or near
which the project may be located.
7. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway
extension, it has afforded the opportunity for public hearings for the purpose of considering the economic,
social, and environmental effects of the airport or runway location and its consistency with the goals and
objectives of such planning as has been carried out by the community and shall, when requested by the
Secretary, submit a copy of the transcript to the Secretary.
8. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway
location, it will provide for the Governor of the state in which the project is located to certify 1n writing
to the Secretary that the project will be located, designed, constructed, and operated so as to comply with
applicable air and water quality standards. In any case where such standards have not been approved and
where applicable air and water quality standards have been promulgated by Lhe Administrator Of the
Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of
certification or refusal to certify shall be provided within sixty (60) days after the project application
has been received by the Secretary.
9. Economic Nontliscrimination. It will make its airport available as an airport for public use on Pair and
reasonable terms and without unjust tliscrimination to all types, kinds, and classes of aeronautical uses
including the requirement that (A) each air carrier using such airport (whether as a tenant, nontenant, or
subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially
comparable rates, fees, rentals, and other charges and such nondiscriminatory and substantially comparable
rules, regulations, and conditions as are applicable to all such air carriers which make similar use of such
airport and which utilize similar facilities, subject to reasonable classifications such as tenants or
nontenants, and combinetl passenger and cargo flights or all cargo flights, and such classification or status
as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those al reatly lmposed on tenant air carriers, and (B) each fixed-base operator at
any airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable
to all other fixed-base operators making the same or similar uses of such airport utilizing the same or
similar facilities, and (C) each air carrier using such airport shall have the right to service itself or to
use any fixed-base operator that is authorized by the airport or permitted by the airport to serve any air
carrier at such airport, and (D) Lhat in any agreement, contract, lease or other arrangement under which a
right or privilege at the airport is granted to any person, firm, or corporation to conduct or engage in any
aeronautical activity for furnishing services to the public at the airport, Lhe sponsor will insert and
enforce provisions requiring the contractor--
(1) to furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof,
and
(2) to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; providetl,
that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other
simllar types of price reductions to volume purchasers.
(E) that it will not exercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operating aircraft on the airport from performing any services on its own aircraft with its own
employees (including, but not limited to malntenanee and repair) that it may choose to perform, and (F) in
the event the sponsor itself exercises any of the rlghts and privileges referred to in this assurance, the
services involved will be provided on the same conditions as would apply to the furnishing of such services
by contractors or concessionaires of the sponsor under these provisions.
Provided, that the sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be
met by all users of the airport as may be necessary for the safe and efficient operation of the airport; and
provided further, that the sponsor may prohibit or limit any given type, kind, or class of aeronautical use
of the airport or necessary to service the civil aviation needs of the public.
10. Exclusive Rlghts. It will permit no exclusive right for the use of the airport by any persons providing, or
intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of
services at an airport by a single fixed-base operator shall not be construed as an exclusive right if both
of the following apply: (1) it would be unreasonably costly, Durd ensome, or impractical for more than one
fixed-base operator to provide such services; antl (2) if allowing more than one fixed-base operator to
provide such services would require the reduction of space leased pursuant to an existing agreement between
such single fixed-base operator and such airport.
It further agrees that St will not, either directly or indirectly, grant or permit any person, firm, or
corporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to
conduct any aeronautical activities, including but not limited to charter flights, pilot training, aircraft
FAA Form 5100-100 (11-82) Development page q
rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and
any other activities which because of their direct relationship to the operation of aircraft can be regarded
as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical
activity now existing at such an airport before the grant of any assistance under the Airport and Airway
Improvement Act.
11. Airport Operation and Malntenance. It will suitably operate antl maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions.
It will operate and maintain in a safe and serviceable condition and in accordance with the minimum standards
as may De required or pre scribetl Dy the applicable Federal, state, and local agencies far the maintenance and
operation, the airport and all facilities which are necessary to serve the aeronautical users of the airport
other than facilities owned or controlled by the United States, and will not permit any activity thereon
which would interfere with its use for airport purposes; provided, that nothing contained herein shall be
construed to require that the airport be operated for aeronautical use during temporary periods when snow,
flood, or other climatic conditions interfere with such operation and maintenance; and provided further, that
nothing herein shall De construed as requiring the maintenance, repair, restoration, or replacement of any
structure or facllity which is substantially damaged or tlestroyed due to an act of Cod or other condition or
circumstances beyond the control of the sponsor. In furtherance of this covenant, the sponsor will have in
effect at all times arrangements for--
a. Operating the airport's aeronautical facilities whenever required;
b. Promptly marking and lighting hazartls resulting from airport conditions, including temporary conditions;
and
c. Promptly notifying airmen of any condition affecting aeronautical use of the airport.
12. Hazard Removal and Mitigation. It will adequately clear and protect the aerial approaches to the airport by
removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
13. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent
reasonable, to restrict the use of land adjacent to or in Lhe immetliate vicinity of the airport to activities
and purposes compatible with normal airport operations, including lantling and takeoff of aircraft.
14. Use by Government Aircraft. It will make available all of the facilities of the airport developed with
Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States
for use by Government aircraft in common with other aircraft at all times without charge, except, if the use
by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use,
for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,
or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government
aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the
opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft,
or during any calendar month that--
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or
more, or the gross accumulative weight of Government aircraft using the airport (the total movements of
Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
15. Land for Federal Facilities. Zt will furnish without cost to the Federal Government for construction,
operation and maintenance of facilities for, and uses in connection with, any air traffic control or air
navigation activities, or weather reporting and communication activities related to air traffic control, any
areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers
necessary or desirable for construction at Federal expense of space or facilities for such purposes. Such
areas or any portion thereof will be made available as provided herein within 4 months after receipt of
written requests from the Secretary.
16. Stantlard Accounting Systems. It will keep all project accounts and records in accordance with a standard
system of accounting prescribed by the Seereta ry.
17. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services being
provided the airport users which will make the airport as self-sustaining as possible under the circumstances
existing at that particular airport, taking into account such factors as the volume of traffic and economy of
collection, except that no part of the Federal share of an airport development or airport planning project
for which a grant is made antler this title or under the Federal Airport Act or the Airport and Airway
Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for users
of that airport.
FAA Form 5100-100 (11-82) Development Page 8
18. Reports and Inspections. It will submit to the Secretary such annual or special airport financial and opera-
tions reports as the Secretary may reasonably request and will make the airport and all airDOrt records and
documents affecting the airport, inc lutling deeds, leases, operation and use agreements, regulations and other
instruments, available for inspection by any duly authorized agent of the Secretary upor. reasonable request.
19. Airport Revenue. It will expend all revenues generated by the airport, if it is a public airport, for the
capital or operating costs of the airport, the local airport system, or other local facilities which are
owned or operated by the owner or operator of the airport and directly related to the actual transportation
of passengers or property: Provided. however, that if covenants or assurances in debt obligations previously
issuetl by the owner or operator of the airport, or provisions in governing statutes controlling the owner or
operator's financing, provide for the use of the revenues from any of the airport owner or operator`s
facilities, including the airport, to support not only the airport Dut also the airport owner or operator's
general debt obligatlons or other facilities, then this limitation on the use of all other revenues generated
Dy the airport shall not apply.
20. Consultation with Users. In making a decision to undertake any airport development project under this title,
it will undertake reasonable consultations with affected parties using the airport at which the project is
proposed.
21. Terminal Development Prerequisites. For projects which include terminal development, it has, on the date of
submittal of the project grant application, all the safety equipment required for certification of such
airport under Section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule
or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to
passengers enplaning or deplaning from aircraft other than air carrier aircraft.
22. Construction Inspection and Approval. It will subject the construction work on any project for airport
development contained in an approved project grant application to inspection and approval by the Secretary,
and such work will be in accordance with regulations and procedures prescribed Dy the Secretary. Such
regulatlons and procedures will require such cost and progress reporting by the sponsor or sponsors of such
project as Lhe Secretary shall deem necessary.
23. Minimum Wage Rates. It will include, in all contracts in excess of $2,000 for work on projects for airport
development approved under this title which involve labor, provisions establishing minimum rates of wages,
to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Aet, as amended
(40 U.S.C. 276a--276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates
will be stated in the invitation for bids and will be included in proposals or bids for the work.
24. Veterans Preference. It will include, in all contracts for work under project-grants for airport development
which involve labor, such provisions as are necessary to ensure Lhat, in the employment of labor (except in
executive, administrative, and supervisory positions), preference will be given to veterans of the Vietnam
era and disabled veterans as defined in Section 515(c)(1) and (2) of the act. However, this preference shall
apply only where the individuals are available and qualified to perform the work to which Lhe employment
relates.
25. Audits and Recordkeeping Aequireroents. It will keep such records as the Secretary may prescribe, including
records which fully disclose the amount and the disposition by the recipient of the proceeds of the grant,
the total cost of the plan or program in connection with which the grant is given or used, and the amount and
nature of that portion of the cost of the plan or program supplied by other sources, and such other records
as will facilitate an effective audit and it shall make available to the Secretary and the Comptroller
General of the United States, or any of their duly authorized representatives, for the purpose of audit and
examination, any books, documents, papers, and records of the recipient that are pertinent to grants received
under this title. The Secretary may require that an appropriate audit be conducted by a recipient.
26. Audit AeDOrts. In any case in which an independent audit is made of its accounts relating to the disposition
of Lhe proceeds of a grant or relating to the plan or program in connection with which the grant was given or
used, it will file a certified copy of such audit with the Comptroller General of the United States not later
than 6 months following the close of Lhe fiscal year for which the audit was made.
27. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the
grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any
activity conducted with or benefiting from funds received from this grant.
28. Airport Layout Plan. It will keep up to date at all times an airport layout plan of the airport showing
(1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite
areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and structures (such as runways,
taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of
existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all
existing improvements thereon. Such airport layout plan and each amendment, revision, or motl ification
thereof, shall be subject to the approval of the Secretary which approval shall be evidenced Dy the signature
of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor
will not make or permit any changes or alterations in the airport or in any of its facilities other than in
conformity with the airport layout plan as so approved by the Secretary if such changes or alterations might
adversely affect the safety, utillty, or efficiency of the airport.
FAA Form 5100-100 (11-82) Development Page 9
29. Preserving Airport Aights and Powers. It will not enter into any transaction which would operate to deprive
it of any of the rights and powers necessary to perform any or all of the assurances herein without the
written approval of the Secretary, and will act to .acquire, extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance by the sponsor. This shall be done in
a manner acceptable to the Secretary.
IL will not dispose of or encumber its title or other interests in the site and facilities during the period
of Federal interest or while the Government holds bonds, whlchever is the longer. The obligation to perform
all such covenants may be assumed Dy another public agency found by the Secretary to be eliglble untler the
act to assume such obligations and having the power, authority, and financial resources to carry out all such
obligations. If an arrangement is made for management or operation of the airport by any agency or person
other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and
authority to ensure that the airport will be operated and maintained in accordance with the act, the
regulations, and these covenants.
30. Construction Accomplishment. IL will execute the project in accordance with plans, specifications, and
schedules as approved by the Secretary, and incorporated herein, or with modifications similarly approved,
and will provide and maintain competent technical supervision at the construction site to assure that
completed work conforms with the approved plans and specifications.
FAA Form 5100-100 (11-82) Development Page 10

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CITE SPONSQR
OF KERRVILLE, KERR CCiJNTY, TEXgS
LOUIS SCHREINER FIELp
KERR4'ILLE MUNICIPAL AIRPORT
~J l~j REJECT td Q_ ;_x~_~y/~/-~~
E X S i j ~j ! S !~ ~ J 1-~ -F' EO Z 4G .V!:
,a.„°~;.
STANDARD DOT TITLE VI ASSURANCES
City of Kerrville (hereinafter referred to as the
Sponsor) hereby agrees that as a condition to receiving Federal financial
assistance from the Department of Transportation (DOT), it will comply with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all
requirements imposed by 49 CFR Pazt 21, Nondiscrimination in Federally Assisted
Programs of the Depaztment of Transportation -- Effectuation of Title VZ of the
Civil Rights Act of 1964 (hereinafter referred to as the ^Regulations") to the
end that no person in the United States shall, on the ground of race, color, or
national origin, be excluded from pazticipation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity for
which the applicant receives Federal financial assistance and will immediately
take any measures necessary to effectuate this agreement.
Without limiting the above general assurance, the Sponsor agrees concerning
Project No. 3-48-0121-01-83 (hereinafter referred to as the Project) that:
1. Each ^program^ and "facility" (as defined in Sections 21 .23Ce) and
21.23 (b) will be conducted or operated in compliance with all requirements of
the Regulations.
2. It will insert the following notification in all solicitations for bids
issued in connection with the Project and in adapted form in all proposals for
negotiated agreements:
City of Kerrville , in accordance with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, hereby notifies all bidders that it will
affirmatively assure that minority business enterprises are afforded
full opportunity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
3. It will insert the clauses of Attachment 1 of this assurance in every
contract subject to the Act and the Regulations.
4. Where Federal financial assistance is received to construct a facility,
or part of a facility, the assurance shall extend to the entire facility and
facilities operated in connection therewith.
5. Where Federal financial assistance is in the form or for the acquisition
of real property or an interest in real property, the assurance shall extend to
rights to space on, over, or under such property.
6. It will include the appropriate clauses set forth in Attachment 2
of this assurance, as a covenant running with the land, in any future deeds,
Page 1
leases, permits, licenses, and similar agreements entered into by the Sponsor
with other parties: (a) for the subsequent transfer of real property acquired
or improved with Federal financial assistance under this Project and (b) for
the construction or use of or access to apace on, oyez, or under real property
acquired or improved with Federal financial assistance under this Project.
7. This assurance obligates the Sponsor for the period during which
Federal financial assistance ie extended to the program, except where the
Federal financial assistance is to provide, or 1s in the form of personal
property or real property or interest therein or structures or improvements
thereon, in which case the assurance obligates the sponsor or any transferee
for the longer of the following periods: (a) the period during which the
property is used far a purpose for which Federal financial assistance is
extended, or for another purpose involving the provision of similar services
oz benefits or (b) the period during which the Sponsor retains ownership or
possession of the property.
8. It will provide for such methods of administration for the program
as are found by the Secretary of Transportation or the official to whom he
delegates specific authority to give reasonable guarantee that it, other
sponsors, subgrantees, contractors, subcontractors, transferees, successors
in interest, and other participants of Federal financial assistance under
such program will canply with all requirements imposed or pursuant to the
Act, the Regulations, and this assurance.
9. It agrees that the United States has a right to seek judicial
enforcement with regard to any matter arising under the Act, the Regulations,
and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining
Federal financial assistance for this Project and is binding on its contractors,
the sponsor, subcontractors, transferees, successors in interest and other
participants in the Project. The person or persons whose signatures appear
below are authorized to sign this assurance on behalf of the Sponsor.
DATED ~~ ~/ ~~
CITY OF KERRVILLE
(Sponsor)7~
(Signature of Authorized Official)
J. Louis Odle, City Manager
Attachments 1 and 2
Page 2
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTAC tA7E NT 1 TO STANDARD DOT TITLE VI ASSURANCE
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the Regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter
"DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a
part of this contract.
2. Nondiseri urination. The contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment. The
contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the contract covers a program
set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations either by competitive bidding or negotation made by the contractor for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the contractor of the contractor's obliga-
tions under this contract and the Regulations relative to nondiscrimination on the grounds of race,
color, or national origin.
4. Information and Reports. The contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto and shall permit access Lo its books,
records, accounts, other sources of information, and its facilities as may De determined by the
sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with
such Regulations, orders, and instructions. Where any information required of a contractor is in
the exclusive possession of another who fails or refuses to furnish this information, the contractor
shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as
it or the FAA may determine to be appropriate, ine luding, but not limited to--
a. Withholding of payments to the contractor under the contract until the contractor
complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1
through 5 in every subs ontraet, including procurements of materials and leases of equipment, unless
exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such
action with respect to any subcontract or procurement as the sponsor or the FAA 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 sub-
contractor or supplier as a result of such direction, the contractor may request the sponsor to
enter into such litigation to protect the interests of the sponsor and, in addition, the contractor
may request the United States to enter into such litigation to protect the interests of the United
States.
(11-82)
CLAUSES FOR DEEDS LICENSES LEASES PERMITS OR SIMILAR INSTRUMENTS
ATTACHMENT 2 to STANDARD DOT TITLE VI ASSURANCES
The following clauses shall be included in deeds, licenses, leases, permits,
or similar instruments entered into by City o£ Kerrville
pursuant to the provisions of Assurances 6 (a) and 6 (b).
1. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds and leases add
'as a covenant running with the land") that in the event facilities
are constructed, maintained, or otherwise operated on the said
property described in this (deed, license, lease, permit, etc.) for
a purpose for which a DOT program or activity is extended or for
another purpose involving the provision of similar services or
benefits, the (grantee, licensee, lessee, permitee, etc.) shall
maintain and operate such facilities and services in compliance
with all other requirements imposed pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add •as a
covenant running with the land") that: (1) no person on the grounds
of race, color, or national origin shall be excluded from par-
ticipation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land
and the furnishing of services theceon, no person on the grounds
of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the (grantee, licensee,
lessee, permitee, etc.) shall use the premises in compliance
with all other requirements imposed by or pursuant to 49 CFR
Part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation, and as said Regulations may
be amended.
(11-82)
STANDARD DOT TITLE VI ASSURANCES
COUNTY OF KERB (hereinafter referred to as the
Sponsor) hereby agrees that as a condition to receiving Federal financial
assistance from the Department of Transportation (DOT), it will comply with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all
requirements imposed by 49 CFR Pazt 21, Nondiscrimination in Federally Assisted
Programs of the Depaztment of Transportation -- Effectuation of Title VI of the
Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the
end that no person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity for
which the applicant receives Federal financial assistance and will immediately
take any measures necessary to effectuate this agreement.
Without limiting the above general assurance, the Sponsor agrees concerning
Project No. 3-48-0121-01-83 (hereinafter referred to as the Project) that:
1. Each "program" and "facility" (as defined in Sections 21.23 (e) and
21.23 (b) will be conducted or operated in compliance with all requirements of
the Regulations.
2. It will insert the following notification in all solicitations for bids
issued in connection with the Project and in adapted form in all proposals for
negotiated agreements:
COUNTY OF KERB , in accordance with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, hereby notifies all bidders that it will
affirmatively assure that minority business enterprises are afforded
full opportunity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
3. It will insert the clauses of Attachment 1 of this assurance in every
ccntract subject to the Act and the Regulations.
4. Where Federal financial assistance is received to construct a facility,
or part of a facility, the assurance shall extend to the entire facility and
facilities operated in connection therewith.
5. Where Federal financial assistance is in the form or for the acquisition
of real property or an interest in real property, the assurance shall extend to
rights to space on, over, or under such property.
6. It will include the appropriate clauses set forth in Attachment 2
of this assurance, as a covenant running with the land, in any future deeds,
Page 1
leases, permits, licenses, and similar agreements entered into by the Sponsor
with other parties: (a) for the subsequent transfer of real property acquired
or improved with Federal financial assistance under this Project and (b) for
the construction or use of ar access to space on, over, or under real property
acquired or improves with Federal financial assistance under this Project.
7. This assurance obligates the Sponsor for the period during which
Federal financial assistance is extended to the program, except where the
Federal financial assistance is to provide, or is in the form of personal
property or real property or interest therein or structures or improvements
thereon, in which case the assurance obligates the sponsor or any transferee
for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is
extended, or for another purpose involving the provision of similar services
or benefits or (b) the period during which the Sponsor retains ownership or
possession of the property.
8. It will provide for such methods of administration for the program
as ate found by the Secretary of Transportation or the official to whom he
delegates specific authority to give reasonable guarantee that it, other
sponsors, subgrantees, contractors, subcontractors, transferees, successors
in interest, and other participants of Federal financial assistance under
such program will canply with all requirements imposed or pursuant to the
Act, the Regulations, and this assurance.
9. It agrees that the IInited States has a right to seek judicial
enforcement with regard to any matter arising under the Act, the Regulations,
and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining
Federal financial assistance for this Project and is binding on its contractor a,
the sponsor, subcontractors, transferees, successors in interest and other
participants in the Project. The person or persons whose signatures appear
below are authorized to sign this assurance on behalf of the Sponsor.
DATED ~'~9Tg3
COUNTY OF '
~ ~ (S
ature $f AKthorized ~ff2'cial)
G rdon S. Morriss_
C unty Judge
Attachments 1 and 2
Page 2
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACHMENT 1 TO ST ANDAAD DOT TITLE YI ASSURANCE
Durirg the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the Regulatlons relative to
nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter
"DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a
part of this contract.
2. Nondiscri minatlon. The contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, or natlonal origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment. The
contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the contract covers a program
set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations either Dy competitive bidding or negotation made by the contractor for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the contractor of the contractor's obliga-
tions under this contract and the Regulations relative Lo nondiscrimination on the grounds of race,
color, or national origin.
4. Information and Reports. The contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may De determined by the
sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with
such Regulations, orders, and instructions. Where any information required of a contractor is in
the exclusive possession of another who fails or refuses to furnish this information, the contractor
shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Noncompliance. In Lhe event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as
it or the FAA may determine to be appropriate, including, but not limited to--
a. Withholding of payments to the contractor under the contract until the contractor
complies, and/or
b. Cancellation, termination, or suspension of Lhe contract, in whole or in part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1
through 5 in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such
action with respect to any subcontract or procurement as the sponsor or the FAA rosy 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 sub-
contractor or supplier as a result of such direction, the contractor may request the sponsor to
enter into such litigation to protect the interests of the sponsor and, in addition, the contractor
may request the United States to enter into such litigation to protect the interests of the United
States.
(11-E2)
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS
ATTACHMENT 2 to STANDARD DOT TITLE VI ASSURANCES
The following clauses shall be included in deeds, licenses, leases, permits,
or similar instruments entered into by COUNTY OF KERB
pursuant to the provisions of Assurances b (a) and 6 (b).
1. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds and leases add
"as a covenant running with the land") that in the event facilities
are constructed, maintained, oz otherwise operated on the sai8
property described in this (deed, license, lease, permit, etc.) for
a purpose for which a DDT program or activity is extended or for
another purpose involving the provision of similar services or
benefits, the (grantee, licensee, lessee, permitee, etc.) shall
maintain and operate such facilities and services in compliance
with all other requirements imposed pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his personal representatives, successors in interest,
and assigns, as a part of the cronsideration hereof, does hereby
covenant and agree (in the case of deeds and leases add "as a
covenant running with the land") that: (1) no person on the grounds
of race, color, or national origin shall be excluded frown par-
ticipation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of sai8 facilities, (2) that in the
construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the grounds
of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the (grantee, licensee,
lessee, permitee, etc.) shall use the premises in compliance
with all other requirements imposed by or pursuant to 49 CFR
Part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation, and as said Regulations may
be amended.
(11-sz)