Res 1859 9/21/1976a
RESOLUTION NO. /f5'
RESOLUTION ACCEPTING GRANT OFFER FOR
PROJECT NO. 6-48-0227-02, FOR IMPROVE-
MENTS AT WICHITA FALLS MUNICIPAL AIR-
PORT.
WHEREAS, the City of Wichita Falls , Texas has submitted an
Application for Federal Assistance dated September 10, 1976 to the Federal
Aviation Administration requesting Federal participation in the amount of
123,840.00 for improvements at Wichita Falls Municipal Airport; and,
WHEREAS, the Federal Aviation Administration has issued a Grant
Offer dated September 17, 1976 which provides a commitment of Federal funds
in the amount of $123,840.00 for the aforementioned development; and,
WHEREAS , it is determined to be in the interest of the City of
Wichita Falls that the Grant Offer be accepted by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . That the City does hereby accept the provisions of the
Grant Offer for Project No. 6-48-0227-02, a copy of which Grant Offer is
attached hereto and incorporated herein by reference.
SECTION 2. The City Manager is hereby authorized and directed to
execute the Grant Agreement for and on behalf of the City of Wichita Falls
PASSED AND APPROVED THIS THE 21ST DAY OF SEPTEMBER, 1976.
1
MAYOR
ATTEST:
City Clerk
4 or
Page 1 of 7 pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1-Offer
Date of Offer
Wichita Falls Municipal Airport
Project No. 6-48-0227--02
Contract No. DOT FA 76 SW-8007
TO: The City of Wichita Falls, Texas
herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein
referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated September 10, 1976,
for a grant of Federal funds for a project for develop-
ment of the 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:
Reconstruct portion of aircraft parking apron (approximately 6431 S.Y.)
all as more particularly described in the property map and plans and specifications incorporated in
the said Project Application;
FAA FORM 5100-13 PG. 1 110-71) SUPERSEDES FAA FORM 1632 PG. 1 PAGE 1
Page 2 of 7 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport
and Airway Development Act of 1970, as amended (49 U.S.C. 1701), and in consideration of (a)
the Sponsor's adoption and ratification of the representations and assurances contained in said
Project Application, and its acceptance of this Offer as hereinafter provided, and (b) the benefits
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-
MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND
AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the
Project,
Ninety percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
1. The maximum obligation of the United States payable under this Offer shall be
123,840.00
2. The Sponsor shall:
a) begin accomplishment of the Project within ninety (90)days
after acceptance of this Offer or such longer time as may be prescribed by the FAA,
with failure to do so constituting just cause for termination of the obligations of the
United States hereunder by the FAA;
b) carry out and 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-
152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152) in
effect as of the date of acceptance of this Offer; which Regulations are hereinafter
referred to as the "Regulations";
c) carry out and complete the Project in accordance with the plans and specifications
and property map, incorporated herein, as they may be revised or modified with the
approval of the FAA.
3. The allowable costs of the project 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.
4. Payment of the United States share of the allowable project costs will be made pursuant
to and in accordance with the provisions of Sections 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 152.71 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-
final payment relates will be made at the time of such semi-final payment.
FAA FORM 5100-13 PG. 2 (7-72)1 SUPERSEDES PREVIOUS EDITION
PAGE 2
Page 3 of 7 pages
5. The Sponsor shall operate and maintain the Airport as provided in the
Application for Federal Assistance incorporated herein and specifically
covenants and agrees, in accordance with its Assurance 20 in Part V of
said Application for Federal Assistance that in its operation and the
operation of all facilities thereof, neither it nor any person or
organization occupying space or facilities thereon will discriminate
against any person or class of persons by reason of race, color, creed
or national origin in the use of any of the facilities provided for the
public on the Airport.
6. The FAA reserves the right to amend or withdraw this Offer at any time
prior to its acceptance by the Sponsor.
7. This Offer shall expire and the 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, 1976,
or such subsequent date as may be prescribed in writing by the FAA.
8. 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 owned when used for FAA business)
necessary for the maintenance and operation of the FAA facilities on
the Airport. Such land shall be adjacent to the facilities served.
9. The Sponsor will send a copy of all invitations for bids, advertised or
negotiated, for concessions or other businesses at the Airport to the
appropriate Office of Minority Business Enterprise (OMBE) representative
as identified by the FAA Regional Civil Rights Office. The Sponsor will
disclose and make information about the contracts, contracting procedures
and requirements available to the designated OMBE representative and
minority firms on the same basis that such information is disclosed and
made available to other organizations or firms. Responses by minority
firms to invitations for bids shall be treated in the same manner as all
other responses to the invitations for bids.
Compliance with the preceding paragraph will be deemed to constitute
compliance by the Sponsor with the requirements of 49 CFR 21 Appen-
dix C(a) (1)(x) , Regulations of-the Office of the Secretary of
Transportation.
10. 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".
SUPPLEMENT - FAA Form 5100-13 - Page 3 (ASWRO 3-19-75)
Page 4 of 7 pages
11. The Airport development in this project will be that hereinabove set
out and will be carried out as more particularly described on the
property map Exhibit A (consisting of two pages designated thereon
as "Property Map Exhibit A" and "Property Map Exhibit A-1",
respectively) , attached to the Project Application dated May 2. 1974,
for Project No. 8-48-0227-01, and in the plans and _specifications
approved by the FAA on September 8, 1976, all of which are made a
part hereof.
12, It is further understood and agreed that FAA approval of the project
included in this Agreement is conditioned on the Sponsor' s compliance
with applicable air and water quality standards in operating the Airport
and in accomplishing any construction hereunder; further, that failure
to so comply may result in suspension, cancellation or termination of
Federal assistance under the Agreement.
13. In addition 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.
14. 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.
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
Page 5 of 7 pages
conditions as are applicable to all such air carriers
which m a ke similar use of such airport and which
utilize similar facilities, subject to reasonable clas-
sifications 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 air-
port 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."
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 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 charges for users of the airport.
17. 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
benefit from the grant is not listed on the EPA
List of Violating Facilities.
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
any communication from the EPA indicating that a
facility to be utilized for performance of or
benefit from the grant is under consideration to be
listed on the EPA list of Violating Facilities.
SUPPLEMENT - FAA Form 5100-13 - Page 3b (ASWRO 8-19-76) ,
Page 6 of 7 pages
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).
SUPPLEMENT - FAA Form 5100-13 - Page 3d (ASWRO 8-19-76)
Page 7of 7 pages
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as herein-.
after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Airport and Airway Development Act of 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
acceptance of this Offer and shall remain in full force and effect throughout the useful life of the
facilities developed under the Project but in any event not to exceed twenty years from the date
of said acceptance.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By
Acting Chief (TITLE)
Fort Worth Airports District Office
Part II-Acceptance
The does hereby ratify and adopt all statements,
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 agrees to all of the terms and conditions thereof.
Executed this day of 19
City of Wichita Falls, Texas
Name of Sponsor)
By
SEAL)
Title
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I, acting as Attorney for
herein referred to as the "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 auth-
orized and that the execution thereof is in all respects due and proper and in accordance with the
laws of the State of. and further that, in my opinion, said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Dated at this day of 19. . . . .
Title
FAA FORM 5100-13 PG 4(10-71( SUPERSEDES FAA FORM 1632 PG 4 PAGE 4
S.-
APPENDIX 1
The Sponsor hereby agrees that it will incorporate or cause to be incorporated
into any contract for construction work, or modification thereof, as defined in
the regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid
for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to a grant, con-
tract, loan, insurance, or guarantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or guarantee, the
following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
1) The contractor will not discriminate against any employee or applicant
for employment because of race, color, sex, religion, or national origin.
The contractor will take affirmative action to ensure that applicants are
employed, and that employes 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
places, available to employes and applicants for employment, notices to be
provided setting forth the provisions of this non-discrimination clause.
2) The contractor will, in all solicitations or advertisements for employes
placed by or on behalf of the contractor, state that all qualified applicants
win receive consideration for employment without regard to race, color,
sex, religion, or national origin.
3) The contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the contractor's commitments under this
section, and shall post copies of the notice in conspicuous places available
to employes and applicants for employment.
4) The contractor will comply with all provisions of Executive Order 11246
of September 24, 1965, as revised by Executive Order 11375 of October
1967, and of the rules, regula.tions, and relevant orders of the Secretary
of Labor.
5) The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, as revised by Executive
Order 11375 of October 1967, and by rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to
Appendix 1 Page 1
y `
his books, records, and accounts by the administering agency and the
Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
6) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders
this contract may be canceled, terminated, or suspended in whole or in part
and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
revised by Executive Order 11375 of October 1967, and such other sanctions
as may be imposed and remedies invoked as provided in Executive Order 1124E
of September 24, 1965, as revised by Executive Order 11375 of October 1967,
or by rule, regulations, or order of the Secretary of Labor, or as otherwise
provided by law.
7) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every sub-
contract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to Section 204 of Executive Order
11246 of September 24, 1965, as revised by Executive Order 11375 of October
1967, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance: Provided,
however, That in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by
the administering agency, the contractor may request the United States to
enter into such litigation to protect the interests of the United States.
The Sponsor further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in
federally assisted construction work; Provided, that if the Sponsor so participating
is a State or local government, the above equal opportunity clause is not applicable
to any agency, instrumentally or subdivision of such government which does not
participate in work on or under the contract.
The Sponsor agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may require for the
supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing
compliance.
Appendix 1 Page 2
The Sponsor further agrees that it will refrain from entering into any;c.ontr,act of
contract modification subject to Executive Order 11246 of September 24, 1965,
with a contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties, for violation
of the equal opportunity clause as may be imposed upon contractors and subcon-
tractors by the administering agency or the Secretary of Labor pursuant to Part II,
Subpart D of the Executive Order. In addition, the Sponsor agrees that if it fails
or refuses to comply with these undertakings, the administering agency may take
any or all of the following actions: Cancel, terminate, or suspend in whole or in
part this grant (contract, loan, insurance, guarantee); refrain from extending any
further assistance to the Sponsor under the program with respect to which the
failure or refund occurred until satisfactory assurance of future compliance has
been received from such Sponsor; and refer the case to the Department of Justice
for appropriate legal proceedings.
Appendix 1 Page 3