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Res 2574 7/8/1980 RESOLUTION NO. RESOLUTION APPROVING GRANT AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND FEDERAL AVIATION ADMINISTRATION FOR FUNDING ASSISTANCE RELATIVE TO REMODELING AND ADDITIONS TO RESTROOM FACILITIES AND HEATING/AIR CONDITIONING SYSTEM AND ENCLOSE PASSENGER WALKWAYS AT MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract and grant agreement, a copy of which is attached hereto, between the City of Wichita. Falls and Federal Aviation Administration, for funding assistance relative to remodeling and additions to the restroom facilities and re- modeling of heating/air conditioning system and enclosing passenger walkways at Municipal Airport Terminal Building, is hereby approved and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED THIS the day of 1980. M A Y O R ATTEST: City Clerk 3 Page I of 7 pages R DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION r 'TI GRANT AGREEMENT Part 1-Offer ; j; Date of Offer June 24, 1980 Airport i Sheppard AFB/Wichita Falls Municipal Air p Project No. 6-48-0227-07 Contract No. DOT FA 80 SW-8009 0 TO: . The City of Wichita Falls, Texas (herein referred to as the "Sponsor") .s. FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") I WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 20, 1980 for a grant of Federal funds for a project for develop- ' meth of the Sheppard AFB/Wichita Falls 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: Refurbish portions of terminal building. I all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; EqA FORM 5:00-13 PG. 1 (1(-71) SUPERSEDES FAA FORM 1632 PG. 1 PAGE I J y ,1d 1 } Page 2 of pages '' �. .: f 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) f the Sponsor's adoption and ratification of the representations and assurances contained in sail •4. 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 the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- (t 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 CProject, fifty percentum of all allowable project costs, t �►,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 S 104,000.00 i N�ilr_��L The Sponsor shall: Its;nt �Ir i1. (a) begin accomplislunent of the Project within ninety days tt` r... after acceptance of this Offer or such lunge: time as may be prescribed by the FAA, r ' "' 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 complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51— ,I 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 , '•w approval of the FAA. 3. The allowable costs of the project shall 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. r M y 4. Payment of the United States share of the allowable project costs will be made pursuant 4, to and in accordance with the provisions of Sections 152.65 — 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 1D2.71 of the Regulations: Provided, that, in the event a semi-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- all 1is I final payment relates will be made at the time of such semi-final payment. the aa, FAA ru: FAA FORM 5100-13 PG, 2 (7-72) PAGE 2 SUPERSEDES PREVIOUS EDITION �f 1 ' • s tiy�i� Page 3 of 7 Page il s S. 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 August 23,1980 or such subsequent date as may be prescribed in writing by the FAA. 7. It is understood and agreed that the Sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Administrator at all FAA 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 i owned when used for FAA business) necessary for the maintenance and operations 1 of the FAA facilities on the Airport. Such land shall be adjacent to the facilities served. t; 8. a. Policy. It is the policy of the Department of Transportation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently the MBE requirements of 49 CFR Part 23 apply to this agreement. b. MBE Obligation. (i) The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of DOT-assisted contracts. c. If as a condition of assistance the recipient has submitted and the c Department has approved a minority business enterprise affirmative action program which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program the Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, ' . which sanctions may include termination of the agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. r . FAA Form 5100-13 SW Sup (5/80) Page 4 of 7 pages Yy. i 9. This project and all work performed thereunder is subject to ( , the Clean Air Act and the Federal Water Pollution Control Act. Accordingly, (a) The sponsor hereby stipulates that any facility to be utilized in performance under the grant or to r; benefit from the grant is not listed on the EPA List of Violating Facilities. , r (b) The sponsor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. (c) The sponsor shall notify the FAA of the receipt of -i any communication from the EPA indicating that a >i'• ' facility to be utilized '.for performance of or benefit f from the grant is under consideration to be listed one S the EPA list of Violating Facilities. t.j ., t•, ,.. •,. + I :is (d) The sponsor agrees that he will include or cause to be included in any contract or subcontract under the grant which exceeds $100,000 the criteria and requirements in these subparagraphs (a) through (d). 10. It is 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 operating the Airport and in accomplishing any construction hereunder; further, that :. T failure to so comply may result. in suspension, cancellation or termination of federal assistance under the Agreement. :. 11. It is understood and agreed that the term "Project Application" wherever it appears in this Agreement, in Specifications or other documents constituting a part of this Agreement shall be deemed to mean the "Application for Federal Assistance". F,. 12. The federal government does not now plan or contemplate the construction of any structures pursuant to paragraph 27 'of Part V Assurances of the Application for Federal Assistance attached hereto, 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 obligations of the sponsor under prior :11_ c ;.'(,Y grant agreements to furnish rent-free space and/or cost-free areas for the activities specified in such agreements. . ti . FAA Form 5100-13 SW SUP (12/21/76) �, 1 Page 5 of 7 pages .: 13. 'The airport development in this project will be that hereinabove set out and will be carried out as more particularly described on "'ll the property map attached to the Project Application dated May 2, 1974, for Project No. 8-48-0227-01, and in the preliminary plans and specifications approved by the FAA on June 24, 1980. 14. The Sponsor shall: (a) Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the 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. 15. Assurance Number 18 of Part V of the project application incorporated herein is amended by including at the end of the second sentence the following language: "including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to 2r�' reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any sponsor provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B each fixed base operator using a general aviation 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. Provision (A) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 12, 1976. Provision (B) above shall not require the reformation of any lease or other contract entered into by a sponsor before July 1, 1975." 1.. ter.f 16. It is understood and agreed that no part of the federal share of an airport development project for which a grant is made under the Airport u and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.), or under the Federal Airport Act, as amended (49 U.S.C. 1101. et seq.), shall be included in the rate base in establishing fees, rates, and s charges for users of the airport. kt; FAA Form 5100-13 SEW SUP (2-80) i, I Page 6 of 7 pages 17. The Sponsor hereby covenants and agrees that it will not advertise for t � bids, award any contract or com once construction for any items of*. airport development to be acocniplished under this project until it has.,,' = '.: submitted final plans and specifications satisfactory to the Admini- strator and such plans and specifications have been approved; and it is further understood that the United States will not make nor be obli- t gated to make any payment for such items of airport development under, this Grant Agreement until the Sponsor has suLvdtted such plans and a• specifications and they have been approved as herein provided. The Sponsor further covenants and agrees that it will suhadt said final plans and specifications to the Administrator on or before ninety days from the date of this Grant Agreement. 7. •1 1 f .i i Page 7 of 7 pages s` 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 1970, 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 F acceptance of this Offer and shall remain in full force and effect throughout the useful life of the z, facilities developed under the Project but in any event not to exceed twenty years from the date^'. of said acceptance, provided, however, that this time limitation shall not apply to real property acquired with federal assistance . � . UNITED STATES OF AMERICA FE L A IAT10N ADMINISTRATION -BY. . . . . . Chi e TITLE ' Safety and Standards B lanch r^ Part II-Acceptance 't The, City of Wichita Falls, Texas, does hereby ratify and adopt all statements, , L: representations, 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 Jagrees to all of the terms and conditions thereof. Executed this. . . . .�`C� 7,�. . . . . . . day of . . . . .%"1 c ? , ; . . . . . . . . . . . . . . , I9. 80., CITY OF WICHITA FALLS, TEXAS (SEAL) (Name of po sor) Attest//'Z By . . . . . . . . . . . . . . . . . . . . . .. ... . Title:. .4J. . . . . Title . . . . ./ �. . ./�2�- 2. . ....... . CERTIFICATE OF SPONSOR'S ATTORNEY, submitted pursuant to Section 16(h) of the Airport and Airway Development Act of 1970, as amended. c I, acting as Attorney for the above named Sponsor, do hereby certify that I have examined the foregoing Grant 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 with the laws of this State, 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 4Ua'C��/,7717, this day of 1980_. �. Tit e' FAA Form 5100- 13 (10-71) ASWRO �- 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 I,,, : C.tc,.•: , 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 employe s 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 forms of compensation; and selection for training,, including apprenticeship. The contractor agrees to post in conspicuous e: -nil. places, available to employes and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. Y ' (2) The contractor will, in all solicitations or advertisements for employes 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 worker. 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 �Y section, and shall post copies of the notice in conspicuous places available Jo employes and applicants for employment. it:l �.(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October jut 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 i� Order 11375 of October 1967, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to pendix J Page 1 4 . ..j ... i his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance I� - 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 1 1, contracts or federally assisted construction contracts in accordance with i, i, i procedures authorized in Executive Order 11246 of September 24, 1965, as, revised by Executive Order 11375 of October 1967, and such other sanctions 1' as may be imposed and remedies invoked as provided in Executive Order 11246 :y of,September 24, 1965, as revised by Executive Order 11375 of October 1967, f (i 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- 1 f 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 11.375 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. e 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 as they may require for the _ , t supervision of such compliance, and that it will otherwise assist the administering agency in the discharge,of the agency's primary responsibility for securing 'compliance. .Appendix 1 Page 2 N. t� 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 10 # 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 PartM,! Subpart D of the Executive Order. In addition, the Sponsor agrees that if it fails I, ; or refuses to comply with these undertakings, the administering agency a a take Y may 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. .• r 9i pat i 1 r }I f re Al ._...,,gip ... ' Appendix Ap, PPendix 1 Page .3 , L. OM8 Approval No.29-R0218 't;,�; ``' • .. NUMBER 2 APPu. 3. STATE .. NUMBER FEDERAL ASSISTANCE CANT'S APPLICA. 91203062 TION l 1. OF PE PREAPPLICATION APPLI• b. DATE IDE4TI- b. DATE Year moatIm days, ACTION ® APPLICATION CATION 19 k`0 mRntA 2ty FIER ASSIGNED 19 80 1• 18 1 li (Markati NOT)FISU1(11i OF IPITENT (O;,L) Leaoepropri �fU b _ boz) RUM CF rEDEML ACTION Blank 4. LEGAL APPLICANT/RECIPIENT 5. FEDERAL EMPLOYER IDENTIFICATION NO. a. Applicant Nate. City of Wichita Falls 75-60000-714 Ill. Organization Unit P. O. Box 1431 6• t` RulleeR 2 0 1 0 2 =s, c. StrseVP.O: Bmc PRO 4. city Wichita Falls 0. county Wichita GRAM 1. TITLE Airport Development_' ry (Pro?" f. staid Texas K. lIP Code 76307 Faderal Aid Program :Yc� Ill Contact Panora (Nano cr Catalog) Jack Griffin Actin, Director of Traffic telephoto# No.) 817 322-5G�1 Exte 288 7. TITLE AND DESCRIPTION OF APPLICANT'S PROJECT !.'TYPE OF APPLICANT/RECIPIENT A-State H-Community,Action Atdncr B-Interslat• I-Nigher Edxal,ond IutdutiM I Refurbish portion of terminal building. C-Substate J-Indian Tribe , District R-Othac (specify): D-County E-City I:. F-School District :1.1 G-Sw,al Purpoaa �i Dntr.ct Enter appropriate letter Ell to 9. TYPE OF ASSISTANCE 's A-Basic Grant D-Insurance 6-Supplemental Grant E-Other Enter apvro. • C�.osn priate letter(s) ® -' I 10. AREA OF PROJECT IMPACT ( an•s of ci(ir., countiu. 11. ESTIMATED NUM' 12. TYPE OF APPLICATION Siva. etc.) BER OF PERSONS AN. C-Revision E-Ugmentrtion i BENEFITING B-Ranaral D�attiawlia Wichita County 185,000 Ea!er appropriate Imi ` 13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS Or: 15. TYPE OF CHANGE (For Jac or Ise) Y' 1 A-Incrtase Dollars F-Otbet (Specify): .'''r a. FEDERAL 1 - -- 00 a. APPLICANT h. PROJECT B-Dameuo DollarsQ�-- C-Increase Durs!ion b. APPLICANT 104,000 .001 13 13 D-Decease Durstion t. STATE 00 1G. PROJECT START 17. PROJECT E-Cancellation R i' - DATE Year m nth day DURATION Enter appro- d. LOCAL 09 I 19_80 �0_1 G montAe priaa lattar(o) ® 'j.•. a. OTHER 00 10. ESTIMATED DATE TO Year enonth day 19. EXISTING FEDERAL IDENTIFICATION NUMBER BE SUBMITTED TO 1. TOTAL : 2089000 DO FEDERAL AGENCY► 19 80 7 1 6-48-0227-07 20. FEDERAL AGENCY 10 RECEIVE PFQ'JEST (.Tome,City,State,ZIP code) Aixports Division 21. REMARKS ADDED FAA P.O. _Box 1G89�_Fort Worth, TX 76101 ❑ Y.. p No ;t. 22, a. To the bes! of ray 1n�*ledte end Isfhaf,T-b. If required by OMB Circuler A-95 this of lication Mu submitled, pursuant to In- Nor#- Bteponde data in this are /Uuctions thersin, to appropriate cleerir;houses end all responses ore att#chod: open" asiteeied THE true end eorrett, the docuc.entr has been APPLICANT duly authorited by tha lonrnirl body of CERTIFIES the applicant and the spr''c:nt will comply (i)Nortex Regional Planning Commission ❑ _ THAT Do- with t4# s!ttthed #ssarenca If the assist- (7) ❑ ❑ - l c_. i once is approltd• 23. a. TYPEC NA4: AND 711Ly h. SIG TORE a DATE SIGNED CERTIFYING Gerald G. Fox Yoor noon& drREPE- y T SENTATIVE City Manager 19 80 6 -19 - 24. AGENCY NAME T orAi PPLICA- Yoor asoRa tW'-- RECEIVED 19p 26. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 2L FEDERAL APPLICATION ? IDENTIFICATION " 29. ADDRESS 30. FEDERAL GRANT IC j ON 31. ACTION TAKEN 3:- FUNUMG Year anontA day 34. Year uses& doll STARTING L AWARDED a. FEDERAL f .00 33. ACTION DATE► 19 DATE 19 b. REJECTED b. APPLICANT, 00 35 CONTACT FOR ADDITIONAL INFORMA• 36. rear aaoeatJ► dsy TION (Name and telephone number) ENDING c. RETURNED FOR c. STATE •00 DATE 19 AMENDMENT d. LOCAL .00 37. REMARKS ADDED F,Y d. DEFERRED a. OTHER oo s rl G. WITHDRAWN L -TOTAL-- S-- ----.00 0 Yea ONO r 3L a. In taint above action, any commcnta raei.ed from cicerimyhouses More con. b. FEDERAL AGENCY A-95 OFFICIAL 1ti aide:ed. If ojency response is due under provisions of Pat 1. OMB Circular A-95, (Name and taterhoao no.) FEDERAL AGENCY It has been or it bung mado. A-95 AC110N F: 424-101 STANDARD FORM 424 PAGE 1 (10-75) Prese-44d by GSA,FodcrW Managroweat Cironlar P4-P r 54 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION +' ! - oMe No. 60-ROVSA,h PART II PROJECT APPROVAL INFORMATION SECTION A •T Item 1. Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority Rating Yes X _No -! Item 2. Does this assistance request require State, or local Nome of Agency or advisory,,educational or health clearances? Board Yes X No (Attach Documentation) Il i. Item 3. Does this assistance request require clearinghouse review (Attach Comments) in�ccordance with OMB Circular A-95? -- t nii rt i:. .. X ; } Yes No i i I Item 4. Does this assistance request require State, local, Name of Approving Agency regional or other planning approval? Date - -- Yes X_ No Item 5. Is the proposed project covered by an approved Check one: State ,comprehensive plan? Local r — I : Regional -7 Yes X No Location of plan Item 6. ' Will the assistance requested serve a:Federal Name of Federal Installation Sheppard Air Force Base installation? Yes No Federal Population benefiting from Project 14_000 Item 7. ' Will the assistance requested be on Federal land Name of Federal Installation Shepp_trd Air�rCe Base or, installation? Location of Federal Land Wleli to County, Texas _X_Yes No Percent of Project (see Pert II. Section G) Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be,on the environment? provided. Yes X No 'Item 9. Number of: Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farms? Families Businesses Yes �—No Farms *.Item 10. - ols there other related Federal assistance on this See instructions for additional information to be .:iproject previous, pending, or anticipated? provided. F Yes X No FAA Farm 5100.100 (6-73) SUPERSEDES FAA FORM S10a-10 PAGES 1 THRU 7 Pogt 2 Lk'r' o.a DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO.00-R02W' t', PART I1 - SECTION C (Section B omitted) The'�ponsor 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: A_,Nichita Falls-Wichita County Airport Zoning Board to adopt, administer and enforce airport-- zoning regulations applicable to airport hazard areas was established by City of Wichita, Falls Resolution No. 1380 (2/6/73) and by Commissioner's Court Order No. 4922 (3/12/73). Ordinance No. 2849 (1-22-74) provides a means for the city to regulate and restrict the height ; of structures and objects of natural growth and otherwise regulate the use of property, in the vicinity of the Sheppard Air Force Base/Wichita Falls Municipal Airport. 2. Defaults.—The Sponsor is not in default on an) obligation to the United States or and agency of the United States Govern- tfient relative to the development,operation,or maintenance of an), airport,except as stated herewith: 3. Possible Disabilities.—There are no fact, or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the .Airport or the existence of pending litigation or other legal proceedings) which in reasonable probabilitN might make it impossible for the Sponsor to earn out and complete the Project or cam out the provisions of Part V of this Application,either by limiting its legal or financial abilit} or otherwise,except as follows: _. In I or 4. Land.—{a) The Sponsor holds the following properte interest in the following areas of land* which are to be 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 afz�s�t '�d property map designated as Exhibit "A"; attached to the Project a{t' Application dated 5/2/74 for Project No. 8-48-0227-01: The land within the property lines shown on Exhibit A and Exhibit A-1 dated May 1974: " Leasehold interest from the United States Air Force, includuig provisions for joint utilization of runways - Lease expires May 14, 2009. 'lrl *State character 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 "x;' drea numbers shown on the property map. pro FAA Form 5100-100 t4-76l Page 3a _ ODEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO.04-RO209 I PART 11 - SECTION C (Continued) •. 'J iThe Sponsor further certifies that the abuse is based on a title examination be a qualified attorney or title company and .that such attorney or title company has determined that the Sponsor holds the above property interests. k, f tip ' (b) The Sponsor will acquire within a reasonable time, m'but in an% event prior to the start of a construction work under (� I �. the Project, the following property interest in the following areas of land* on which such construction work is to be performed,"ice 'all of which areas are identified on the aforementioned property map designated as Exhibit "A": ' t3� NONE li i (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under 1, L -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-1-; property map designated as Exhibit "A": , NONE >I , S. Exclusive Ri,ht There is no rant of an exclusive right for the conduct of any aeronautical activity at any airport owned t ,or controlled by the Sponsor except as �ollows: I I, 1-j I NONE ! C, .*Slate character of property interest in each area and list and identi for each all exceptions,encumbrances,and adverse interests 'i••- fGoof 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. L:. . _ J : r'16'fFAA Form 5100-100 (4.76) Page 3b`.4 .t DEPARTMENT OF TRANSPORTATION• FEDERAL AVIATION ADMINISTRATION oMe No. 40-R01e4 �- !` PART Ill— BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL �l. Federal Domestic Assistance Catalog No. . . . . . . . . . . . . 20,102 , I i 3... Functional or Other Breakout . . . . . . . . . . . . . . . . . . . . SECTION B — CALCULATION OF FEDERAL GRANT Use only for revisions Total i all Cost Classification Amount Latest Approved Adjustment Required Amount or H 1. Administration expense S S S 500 I. 2 Prel*.minary expense I i 3. Landtstructures, right-of-way 4. Architectural engineering basic fees 13,000 5. Other architectural engineering fees G. Project inspection fees 3,000 7: Land development B." Relocation Expenses 9. Relocation payments to Individuals ano Businesses 10. Demolition and removal 11. Construction and project improvement 180,000 12. Equipment 13. Miscellaneous (Audit) 500 44. Total(Lines 1 through 13) 197,000 15. Estimated Income(if applicable) 16:' Net Project Amount (Line 14 minus 15) 3.97,000 17. Less: Ineligible Exclusions -18. Add: Contingencies 11,000 19. Total Project Amt.(Excluding Rehabilitation Grants) 208,000 20. Federal Share requested of Line 19 104,000 21. Add Rehabilitation Grants Requested(100 Percent) i 22. Total Federal grant requested(Lines 20 & 21) 104,000 23._.Grantee share 104,000 24.: Other shares 25. Total project(Lines 22, 23 & 24) 1$208,000 FAAAp Ortn 51DO-100 (6 73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Ft,r Po9e 4 t . ' r DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMS No. eo•Rotea 9ti SECTION C — EXCLUSIONSY, Classification Ineligible for Excluded from Participation Contingency Provision 6 1 2 I; a, ft., $ $ C, d. { Totals b b t w SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE V:..Grantee Share S 104,000 1.. a.Securities I ,1 b. Mortgages c. Appropriations(By Applicant) 104,000 t, d. Bonds e. Tax Levies f. Non Cash g. Other(Explain) +VA'.• h. TOTAL — Grantee share 104,000 29- Other Shares. r a. State ; b. Other 15. .,c. Total Other Shares 29., TOTAL S 104,000 T'` '( SECTION E — REMARKS I 23' , - PART IV PROGRAM NARRATIVE Attach — See Instructions jh4f.orm 5100-100 (6-73) SUPERSEDES FAA FORM S1DD-10 PAGES 1 THRU 7 Page 5 t V 0+` DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION PART V ASSURANCES i ;-The applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines and requirements, i f including Office of Management and Budget Circular; Nos. A-87, A•95, and A-102, as they relate to the application, , 4ir,:acceptance and use of Federal funds for this federally-assisted project. Also, the applicant gives assurance and certifies with r 4espect to the grant that: ) �.. 1, It possesses legal authority to apply for the grant, and to conducting inspections to insure compliance with these finance and construct the proposed facilities; that a resolu- specifications by the contractor, ` - 1w-,tion, motion or similar action has been duly adopted or 9. It will cause work on the project to be commenced with- ,; .r passed as an official act of the applicant's governing body, in a reasonable time after receipt of notification from the authorizing the filing of the application, including all under approving Federal agency that funds have been approved �.,_ standings and assurances contained therein, and directing and that the project will be prosecuted to completion with and authorizing the person identified as the official repre reasonable diligence. —••� - `III" sentative of the applicant to act in connection with the application and to provide such additional information as 10. It will not dispose of or encumber its title or other s may be required. interests in the site and facilities during the period of Fed- eral interest or while the Government holds bonds, which__ 1 3 2. It will comply with the provisions of: Executive Order ' ever is the longer. I ! 11296, relating to evaluation of flood hazards, and Execu ` Lr1 11. It will comply with Title VI of the Civil Rights Act of t(ve Order 11288, relating to the prevention, control, and 1964 (P.L. 88-352) and in accordance with Title VI of that (` �=-abatement of water pollution. Act, no person in the United States shall, on the ground of I , . 3: It will have sufficient funds available to meet the non- race, color, or national origin, be excluded from participa � Federal share of the cost for construction projects. Suffi- tion in, be denied the benefits of, or be otherwise subjected �.:cienr funds will be available when construction is com- to discrimination under any program or activity for which ...... , u`6leted to assure effective operation and maintenance of the the applicant receives Federal financial assistance and will f facility for the purposes constructed. immediately take any measures necessary to effectuate this ;.{•, )A It will obtain approval by the appropriate Federal agreement. If any real property or structure thereon is pro-. agency of the final working drawings and specifications be- vided or improved with the aid of Federal financial assis- ,,=f fore the project is advertised or placed on the market for tance extended to the Applicant, this assurance shall obli. LI "bidding; that,it will construct the project, or cause it to be gate the Applicant, or in the case of any transfer of such u constructed, to final completion in accordance with the property, any transferee, for the period during which the _.. T� application and approved plans and specifications; that it real property or structure.is used for a purpose for which will submit to the appropriate Federal agency for prior ap- the Federal financial assistance is extended or for another .. 1 proval.changes that alter the costs of the project, use of purpose involving the provision of similar services or bene• space, or functional layout; that it will not enter into a fits. "' , construction contract(s) for the project. or undertake other 12. It will establish safeguards to prohibit employees from _ _I activities until the conditions of the corstruction grant pro using their positions for a purpose that is or gives the ap ,_ ..gram(s) have been met. pearance of being motivated by a desire for private gain for 'S. It will provide and maintain competent and adequate themselves or others, particularly those with whom they I architectural engineering supervision and inspection at the have family, business, or other ties. 4construction site to insure that the completed work con- 13. It will comply with the requirements of Title 11 and, forms with the approved plans and specifications; that it Title III of the Uniform Relocation Assistance and Real ,will furnish progress reports and such other information as Property Acquisitions Act of 1970 (P.L. 91.646) which Zthe Federal grantor agency may require. provides for fair and equitable treatment of persons dis-'~ It will operate and maintain the facility in accordance placed as a result of Federal and federally assisted pro••,- °4vith the minimum standards as may be required or pre- grams. scribed by the applicable Federal, State and local agencies 14. It will comply with all requirements imposed by the ;for the maintenance and operation of such facilities. Federal grantor agency concerning special requirements of It will give the grantor agency and the Comptroller Gen• law, program requirements, and other administrative re• eral through any authorized representative access to and the quirements approved in acco+dance with Office of Manage- ,.right to examine all records, books, papers, or documents ment and Budget Circular No. A-102. related to the grant. 15. It will comply with the provisions of the Hatch Act 8. It will require the facility to be designed to comply with which limit the political activity of employees. I',:the "American Standard Specifications for Making Build- 16. It will comply with the minimum wage and maximum ings and Facilities Accessible to, and Usable by, the Physi• hours provisions of the Federal Fair Labor Standards Act, ? cally Handicapped," Number All 17.1.1961, as modified (41 as they apply to hospital and educational institution em• CFR 101.17.703), The applicant will be responsible for ployees of State and local governments. + I, FU Form 5100-100'(6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 6 DEPARTMENT OF TRANSPORTATION. FEDERA6 AVIATION ADMINISTRATION a.r No. OA-rto2os SPONSOR ASSURANCES I: 17. These covenant:; shall become effective upon acceptance terms, and without unjust discrimination. In furtherance of by the Sponsor of an offer of Federal aid for the Project or the covenant (but without limiting its general applicability any portion thereof, made by the FAA and shall constitute and effect), the Sponsor specifically covenants and agrees: a part of the Grant Agreement thus formed. These covenants shall remain in full force and effect throughout the useful a. That in its operation and the operation of all facilities life of the facilities developed under this Project, but in any on the Airport, neither it nor any person or organization p event not to exceed twenty (20) years from the date of said occupying space or facilities thereon will discriminate acceptance of an offer of Federal aid for the Project. How- against any person or class of persons by reason of race, r ever, these limitations on the duration of the covenants do color, creed, or national origin in the use of any of the;, not"apply to the covenant against exclusive riehtc facilities provided for the public on the Airport. onto real property acquired with Federal b. That in any agreement, contract, lease, or other ar- assistance. Any breach of these cove— rangement under which a right or privilege at the Airport is granted to any person, firm, or corporation to conduct Hants on the part of the Sponsor may re- or engage in any aeronautical activity for furnishing. sult in the suspension or termination of, services to the public at the Airport, the Sponsor will ins�i I. sert and enforce provisions requiring the contractor: or 'refusal to grant Federal assistance un— ' !' (I) to furnish said service on a fair, equal, and not' der FAA—administered programs, or such unjustly discriminatory basis to all users thereof; •.;r I' other action which may be necessary to en— and force the rights of the United States under (2) to charge fair• reasonable, and not unjustly dis-. i criminator), prices for each unit or service; Pro- this -agreement. vided, That the contractor may be allowed to make - •''!,' 18:The Sponsor will operate the Airport as such for the use reasonable and nondiscriminatory discounts, re- and--benefit of the public. In furtherance of this covenant bates, or other similar types of price reductions to, s '; (but without limiting its general applicability and effect), volume purchasers. the•Sponsor specifically agrees that it will keep the Airport c. That it will not exercise or grant any right or ptiv- open to all types, kinds, and classes of aeronautical use on ilege which would operate to prevent any person, firm or fair and reasonable terms without discrimination between corporation operating aircraft on the Airport from per- ' such types, kinds, and classes. Provided; That the Sponsor forming any services on its own aircraft with its own may establish such fair, equal, and not unjustly- discrimina- emplovees (including, but not limited to maintenance and tory conditions to be met by all users of the Airport as may repair) that it may choose to perform. be necessary for the safe and efficient operation of the Air- vort; And Provided Further, That the Sponsor may pro- d. In the event the Sponsor itself exercises any of the ' hibit.or limit any given type, kind, or class of aeronautical rights and privileges referred to in subsection b, the serv- use of the Airport if such action is necessary for the safe ices involved will be provided on the same conditions as operation of the Airport or necessary to serve the civil avia- would apply to the furnishing of such services by con- Mon needs of the public. tractors or concessionaires of the Sponsor under the pro- 19.-The Sponsor— visions of such subsection b. ,n• ,'a. Will not grant or permit any exclusive right for- 21. Nothing contained herein shall be construed to pro- y bidden by Section 308(a) of the Federal Aviation Act of hibit the granting or exercise of an exclusive right for the ; 1958 (49 U.S.C. 1349(a)) at the Airport, or at any other furnishing of nonaviation products and supplies or any serv- a rport now owned or controlled by it; ice of a nonaeronautical nature or to obligate the Sponsor to b. Agrees that, in furtherance of the .policy of the FAA furnish any particular nonaeronautical service at the Airport. _:.under this covenant, unless authorized by the Administra- 22. The Sponsor will operate and maintain in a cafe ands. .tor, it will not, either directly or indirectly, grant or per- serviceable condition the Airport and all facilities thereon emit any person, firm or corporation the exclusive right at and connected therewith which are nece,sar} to serve the , the Airport, or at any other airport now owned or con- aeronautical users of the Airport other than facilities owned ,,,the by it, to conduct any aeronautical activities, in- or controlled by the United States, and will not permit any ,eluding, but not limited to charter flights, pilot training, activity thereon which would interfere With its use for air- ,,;aircraft rental and sightseeing, aerial photography, crop port purposes: Provided, That nothing contained herein dusting, aerial advertising and surveying, air carrier op- shall be construed to require that the Airport be operated erations, aircraft sales and services, sale of aviation Petro- for aeronautical uses during temporary periods when snow, �Ieum products whether or not conducted in conjunction flood, or other climatic conditions interfere with such opera- with other aeronautical activity, repair and maintenance t l.of aircraft gale of aircraft parts, p a ce Lion and maintenance; And Provided .Further. That nothing. r and an other activities P r t tie • }' c c herein ha n c _ ..e ern shall be construed trued a. requiring the maintenance, which because of their direct relationship to the operation q g e, it i. ,,,of aircraft can he regarded as an aeronautical activity. Pair, restoration or replacement of air} structure or facility which is sub<tantially damaged or desUoyed due to an act e. Agrees that it will terminate any existing exclusive of God or other condition or circumstance beyond the con. right to engage in the sale of gasoline or oil, or both, trol of the Sponsor. In furtherance of this covenant the granted before July 17, 1962, at such an airport, at the Sponsor will have in effect at all times arrangements for: earliest renewal, cancellation, or expiration date applicable a. Operating the airport's aeronautical facilities when to the agreement that established the exclusive right; and ever required. d. Agrees that it will terminate any other exclusive ` right to conduct an aeronautical activity now existing at b. Pr marking and lighting hazards resulting ouch an airport before the grant'.of an assistance under from airport rport conditions, including temporary conditions, the Airport and Airway Development Act. and 20�The Sponsor agrees that it will operate the Airport for c. Promptly notifying airmen of any condition affecting the:•,uce and benefit,.of the public, on fair and reasonable aeronautical use of the Airport. t. CM FAA Form 5100-100 (4-76) ASWRO (Dec/78) FAA rc, o P•9. 7 j ! p�EPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMlN13TRATtO14 owa No._o4—*otoa;•,,�I s , 23• Insofar as 'it is within its power and reasonable, the (the total movements of government aircraft multiplied by Sponsor will, either by the acquisition and retention of ease- gross certified weights of such aircraft) is in excess of ments or other interests in or rights for the use of land or five million rounds. airspace or by the adoption and enforcement of zoning regu- lations, prevent the construction, erection, alteration, or 27. Whenever so requested by the FAA, the Sponsor will growth of any structure, tree, or other object in the ap- furnish without cost to the Federal Government, for con- I. 1proach areas of the runways of the Airport, which would struction, operation, and maintenance of facilities for air constitute an obstruction to air navigation according to the traffic control activities, or weather reporting activities. and criteria or standards prescribed in Section 77.23, as applied communication activities related to air traffic control, such 10 Section 77.25, Part 77 of the Federal Aviation Regula- areas of land or water, or estate therein, or rights in build- 1ions, In addition, the Sponsor will not erect or permit the ings of the Sponsor as the FAA may consider necessary or erection of any permanent structure or facility which would desirable for construction at Federal expense of space or fa- aAterfere materially with the use, operation, or future de- cilities for such purposes. The approximate amounts of areas I welopment of the Airport, in any portion of a runway ap- and the nature of the property interests and,or rights so required will be set forth in the Grant Agreement relating proach area irrwhich the Sponsor has acquired, or hereafter , 4equires, property interests permitting it to so control the to the Project, Such areas or any portion thereof will be use trtade of the surface of the land. made available as provided herein within a murlths, after_ receipt of written request from the FAA. f 2 :LInsofar as it is within its power and reasonable, the 28. The airport operator or owner will maintain a feeiand 'Sponsor will, either by the acquisition and retention of rental structure for the facilities and services tieing provided easements or other interests in or rights for the use of land the airport users which will make the Airport aA self-sustain- i or airspace or by the adoption and enforcement of zoning ing as possible under the circumstances existing at the Air- ctegulations. take action to restrict the use of land adjacent port, taking into account such factors as the volume of traffic f` ;to or in the immediate vicinity of the Airport to activities and economy of collection. and. purposes compatible with normal airport operations in- ililding,landing and takeoff of aircraft. 29. The Sponsor will furnish the FAA with such annual or special airport financial and operational reports as may 25. The,Sponsor will keep up to date at all times an airport be reasona.hly requested. Such reports may be submitted on layout plan of the Airport showing (1) the boundaries of the forms furnished by the FAA, or may be submitted in such Airport and all proposed additions thereto, together with manner as the Sponsor elects so long as the essential data the boundaries of all offsite areas owned or controlled by the are furnished. The Airport and all airport records and docu- $ponsor for airport purposes, and proposed additions thereto; ments affecting the Airport, including deeds, leases, operation the location and nature of all existing and proposed and use agreements, regulations, and other instruments,.will airport facilities and structures (such as runways, taxiways, be made available for inspection and audit by the Secretary aprons, terminal buildings, hangars and roads), including all and the Comptroller General of the United States, or their proposed extensions and reductions of existing airport fa- duly authorized representatives, upon reasonable request. ;`I cilities; and (3) the location of all existing and proposed The Sponsor will furnish to the FAA or to the General Ac- nonaviation areas and of all existing improvements thereon. counting Office, upon request, a true copy of and+ ,such Such airport layout plan and each amendment, revision, or document. modification thereof, shall be subject to the approval of the FAA: which approval shall be evidenced by the signature of 30. All project accounts and records will be kept'in ac- a 'duly authorized representative of the FAA on the face of cordance with a standard system of accounting if so pre-,,,,,- the.-airport layout plan. The Sponsor will not make or permit scribed by the Secretary.' the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the airport 31. If at any time it is determined by the FAA that there layout plan as so approved by the FAA, if such changes or is any outstanding right or claim of right in or to the Airport alterations might adversely affect the safety, utility, or pproperty, other than those set forth in Part II, paragraphs ef336ency of the Airport. 4(a).4(b), and 4(c), the existence of which createS'an un- due risk of interference with the operation of the Airport or 26. All facilities of the Airport developed with Federal aid the performance of the covenants of this Part, the Sponsor .. .and all those usable for the landing and taking off of air- will acquire, extinguish, or modify such right or.elaim of craft, will be available to the United States at all times, with- right in a manner acceptable to the FAA. out'charge, for'use by government aircraft in common with other aircraft, except that if the use by government aircraft 32. The Sponsor will not enter into any transaction which is substantial, a reasonable share, proportional to such use, would operate to deprive it of any of the rights and powers of'the cost of operating and maintaining facilities so used, necessary to perform any or all of the covenants made y may' be charged. Unless otherwise determined by the FAA, herein, unless by such transaction the obligation to perform or;dtherwise agreed to by the Sponsor and the using agency, all such covenants is assumed by another public agency found sub'stantial use of an airport by government aircraft will be by the FAA to be eligible under the Act and Regulations to ;. considered to exist when operations of such aircraft are in assume such obligations and having the power, authority, excess of those which, in the opinion of the FAA, .would and financial resources to carry out all such ohligati,orii. If unduly interfere with use of the landing area by other an arrangement is made for management or operation of authorized aircraft, or during any calendar month that: the Airport by any agency or person other than the Sponsor or an employee of the Sponsor, the Sponsor will reserve ;a. Five (5) or more government aircraft are regularly sufficient rights and authority to insure that the Airport will based at the airport or on land adjacent thereto; or be operated and maintained in accordance with the Act, the Regulations, and these covenants. ..b. The total number of movements (counting each land- ing as a movement and each takeoff as a movement) of 33- Unless the context otherwise requires, all terms used government aircraft is 300 or more, or the gross accumu- in these covenants which are defined in the Act and the lati.ve weight of government aircraft using the Airport Regulations shall have the meanings assigned to them therein. 34. The sponsor will provide for an indepen- t}dent audit of this grant project to be made in accordance with the audit requirements of" Attachment P of Office of Management and Budget Circular A-102, and will submit the final audit report to the FAA with the request for final payment under the grant. AS*- c',' 1 �. • i FAA Form 5100-100 (4-76) (ASWRO 1/80) Page 8 ;,AEPARMENT OF TRANSrORTA,TIDN - 1bderal Aviation Administration •35,,` The sponsor will conduct its programs and operate its facilities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and will assure that no qualified handicapped person shall, solely by reason of his or her handicap be excluded fran participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any program or this f b d f i h activity that receives funds or benefits from ts grant. 9he e•,., ssu•y ' inl, sponsor further assures that its programs will be conducted ".•' ,.`�' '`' ' and its facilities operated, in compliance with all the requirements rements <. .:t imposed by or pursuant to 49 CFR Part 27. =' ` ,;tee . r3,• (a) The grantee assures that it will undertake an affirmative 6. t action program, as required red by 14 CFR Part 152, Subpart E, to ensure that no o? son shall on the...:r Per , grounds of race, creed, ,11 ;'.,;,L, color, national origin, or sex, be excluded fran participating in _o or : any employment, contracting, or leasing activities covered in 14 un!t "' CFR Part 152 c1uc,I ;, ► Subpart E. The grantee assures that no person shall be excluded, on these grounds, fran participating in or receiving 2>• the services or benefits of any program or activity covered by this subpart. The grantee assures that it will require that its tF.e covered organizations provide assurances to the grantee that they .,,similarly will undertake affirmative action programs and that they s,trg.ort will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. .•rrr..ir�• :,pair 10n'' (b) The grantee agrees to ccmply with any affirmative action plan r,,,t,,;, ,•. or steps for equal employment opportunity required by 14 CFR Part YAA.. 152, Subpart E, as part of the affirmative action program, or by any 1, Federal, State, or local agency or court, including those resulting I;Ir from a conciliation agreement, a consent decree, court order, or similar mechanists. The grantee agrees that State or local affirmative _. action plans will be used in lieu of any affirmative action plan or ' ► *z :. steps required by 14 CFR Part 152, Smart E, only when they fully meet the standards set forth in 14 CFR 152.409. `the grantee agrees Lt.0 i. to obtain a similar assurance from its covered organizations, and to r.;it ,'11,111 i .t.. 41, cause then to require a similar assurance of their covered >:I-ee , suborganizations, as required by 14 CFR Part 152, Subpart E. r,icr rna1, authun ,ct ,. c ,,:1 of •.n::or re:rr1•e tho rhz :e•in. . I.I 7..CL'��• �' ,t�f"1... 1n . ` • 1 �. fi';a I .. FAA Form 5100-100 SW Sup (3/80) Page 9FAA r- y CIVIL RIGHTS (Title VI) ASSURANCES � . Regarding Compliance With f_ { DOT Regulations Part 21 ' s.� FFF �• 111Ji The City of Wichita halls (hereinafter,,y�, r .. , .. referred to as either "Sponsor" or "Airport Owner/Operator") HEREBY ' , :,,.., AGREES THAT AS A CONDITION to receiving any Federal financial assistance from the Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964 , 78 Stat. 252, 42 U.S.C. 20I00d, �, 42 U.S.C. 2000d-4 (hereinafter referred to as the "Act") , and all ? requirements imposed by or pursuant to Title 49, Code of Federal . . Regulations, Department of Transportation, Subtitle A, Office of the!i •.,�, z� Secretary , Part 21 , Nondiscrimination in Federally-Assisted Programs of., the Department of Transportation--Effectuation of Title VI of the Civil-., Rights Act of 1964 (hereinafter referred to as the "Regulations") and ,11, other pertinent directives, to the end that in accordance with the Acts Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, or national origin, be L excluded from participation in , be denied the benefits of, or be , •� ,�, •tir otherwise subjected to discrimination under any program or activity for, which the sponsor receives Federal financial assistance from the Department of Transportation including the Federal Aviation Administration and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is _ required by subsection 21 .7(a)(1) of the Regulations, a copy of which •;, is attached. More specifically and without limiting the above general assurance, the sponsor hereby gives the following specific assurances with respect to , tj. the ADAP Project (hereinafter referred to as "the ADAP Project") covered by the Application to which this assurance is affixed. 3 1 . That the sponsor agrees that each "program" and each �_. "facility" as defined in subsections 21 .23(e) and 21 .23(b) of the Regulations, will be (with regard to a "program") conducted , or will (with regard to a "facility") operated in compliance with all ; requirements imposed by or pursuant to the Regulations. 2. That the sponsor shall insert the following notification in k *- all solicitations for bids for work or material subject to the Regulations and made in connection with the ADAP Project and, in adapted form in all proposals for negotiated agreements: The "Airport Owner/Operator," in accordance with Title VI 1 4'' of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regula- tions ,, Department of Transportation, Subtitle A, Office V, Ky� of the Secretary, Part 21 , Nondiscrimination in Federally- assisted programs of the Department of Transportation F Page 1 of 6 (ASWRO--Oct/77) L.�.:. .Rl i issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will I! not be discriminated against on the grounds of race, color, or national origin in consideration for an award. I' 3. That the sponsor shall insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. . , 4. That where the sponsor receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. If I 5. That where the sponsor receives Federal financial assistance 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. i 6. That the sponsor shall include the appropriate clauses set ' forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds , leases, permits, licenses, and similar agreements entered into by the sponsor with other parties: ( 1) for the subsequent transfer of real property acquired or improved under the Airport Development Aid Program of the Federal Aviation Administration, and (b) for the construction of use of or access to space on, over, or under real property acquired, or improved under the said Airport Development Aid Program. w 7. That 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 the 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. The sponsor shall 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, subcon- tractors, transferees, successors in interest, and other participants Page 2 of 6 (ASWRO--Oct/77) 1 �i of Federal financial assistance under such program will comply with all ' I' 1 requirements imposed or pursuant to the Act, the Regulations, and this assurance. 9. The sponsor 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. t ` THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts, or other Federal financial assistance extended after the date hereof to -the sponsor by the Department of Transportation under the Airport Development Aid Program of the Federal Aviation Adminis- tration and is binding on it, contractors, subcontractors, transferees, successors in interest, and other participants in the ADAP Project. Formal submission of the Application for Federal Assistance to which this assurance is affixed shall constitute agreement to the terms hereof. ATTACHMENT 1 to Civil Rights (Title VI) Assurances 4. • 1 During the performance of this contract, the contractor, for itself, 1.. its assignees, and successors in interest (hereinafter referred to as Y' 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. Nondiscrimination. The contractor, with regard to the work �d 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 negotiation made by the contractor for work to be performed r� Page 3 of 6 '�' (ASWRO--Oct/77) ` j ti.a I 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 obligations 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 to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration 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 i information the contractor shall so certify to the sponsor or the Federal Aviation Administration as appropriate, and shall set forth what efforts it has made to obtain the information. r 5. Sanctions for Noncompliance. In the event of the contractor's ytt, noncompliance with the nodiscrimination provisions of this contract, ': the sponsor shall impose such contract sanctions as it or the Federal Aviation Administration 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 the 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 LI Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncom- F pliance: Provided, however, that, in the event a contractor becomes involved in , or is threatened with , litigation with a subcontractor or supplier as a result of such direction, the contractor may request the t,- sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States r' to enter into such litigation to protect the interests of the United States. ATTACHMENT 2 to t Civil Rights (Title VI) Assurances The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the "Airport Owner/ Operator" pursuant to the provisions of Assurance 6(a) . Page 4 of 6 (ASWRO--Oct/77) The (grantee, licensee , lessee, permittee , etc . , as appropriate) 'for himself, his heirs, personal representatives, successors in f 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 Department of Transportation program or activity is ',I extended or for another purpose involving the provision of similar i services or benefits, the (grantee, licensee, lessee, permittee, etc. ) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office ' �. of the Secretary, Part 21 , Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases , permits, etc .)* ' That in the event of breach of any of the above nondiscrimination covenants, "Airport Owner/Operator" shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (licenses, lease, permit, etc.) had never been made or issued. (Include in deeds.)* ` That in the event of breach of any of the above nondiscrimination j covenants, "Airport Owner/Operator" shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of "Airport Owner/Operator" and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by "Airport Owner/Operator" pursuant to the provisions of Assurance 6(b) . The (grantee, licensee, leasee , permittee , 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 participation 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 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, 'permittee, etc.) shall use the premises in compliance with. all other Page 5 of 6 (ASWRO--Oct/77) .1 T r I • :41 I I1 f requirements imposed by or pursuant to Title 49 , Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the :I Secretary, Part 21 , Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (.Include in licenses, leases, permits, etc. )* That in the event of breach of any of the above nondiscrimination covenants, "Airport Owner/Operator" shall have the right to terminate the (license, lease , permit, etc . ) and to re-enter and repossess said <r land and the facilities thereon, and hold the same as if said (license, lease, permit, etc. ) had never been made or issued. (Include in deeds.)* That in the event of breach of any of the above nondiscrimination covenants, "Airport Owner/Operator" shall have the right to re-enter said land and facilities thereon, and the above described lands and ,=,A facilities shall thereupon revert to and vest in and become the absolute property of "Airport Owner/Operator" and its assigns. 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