HomeMy WebLinkAbout16563 ORD - 09/23/1981.0;9J22/8i;2d
T
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREE-
MENT WITH THE DEPARTMENT OF TRANSPORTATION, FEDERAL
AVIATION ADMINISTRATION, PROJECT NO. 6-48-0051-12, TO
GRADE PORTIONS OF SAFETY AREAS FOR RUNWAY 13-31 AND
17-35, EXTEND TERMINAL APRON, AND CONSTRUCT EMERGENCY
GENERATOR BUILDING AND INSTALL EMERGENCY GENERATOR,
FOR A TOTAL OF $873,576, ALL AS MORE FULLY SET FORTH
IN THE GRANT AGREEMENT, A SUBSTANTIAL COPY OF WHICH
IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "A"; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to execute a grant agreement with the Department of Transportation, Federal
Aviation Administration, Project No. 6-48-0051-12, to grade portions of
safety areas for runway 13-31 and 17-35, extend terminal apron, and construct
emergency generator building and install emergency generator for a total of
$873,576, all as more fully set forth in the grant agreement, a substantial
copy of which is attached hereto and made a part hereof, marked Exhibit "A".
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
preserving public property and expanding emergency generator facilities and
qualifying for Federal assistance immediately, such finding of an emergency
is made and declared requiring suspension of the Charter rule as to consider-
ation and voting upon ordinances or resolutions at three regular meetings so
that this ordinance is passed and shall take effect upon first reading as an
emergency this ;Oil day of September, 1981.
ATTEST:
Cit Secretary
APPROV D:
13AY OF SEPTEMBER, 1981
YJ!/ Bruce Aycock, Cit JAttorney
MAY
16563
THE CITY OF CORPUS CHRISTI, TEXAS
SEP 2 71984
M1C OE LMED
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 -Offer
Date of Offer
�ezmoot,,
Page 1 of r .pages
September 21, 1981
Corpus Christi International
Project No. 6-48-0051-12
Contract No. DOT FA 81 SW -8316
TO: The City of Corpus Christi, Texas
(herein referred to as the "Sponsor")
Airport
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 (herein called
an Application for Federal Assistance) dated September 17, 1981 , for a grant of Federal
funds for a project for development of the Corpus Christi International
port (herein called the "Airport"), togeter with plans
ir
specifications for such project,Awhiich Application for Federal Assistance, as approved byd
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:
Grade portions of safety areas for Runway 13-31 and 17-35; Extend terminal
apron (approx. 10,000 S.Y.); Construct emergency generator building and
install emergency generator.
all as more particularly described in the property map and plans and specifications incor-
porated in the said Application for Federal Assistance.
FAA FORM 5100.37 PG. 1 (3-7g) SUPERSEDES FAA FORM 5t00-13
Page 2 of 5 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 et seq.),and in
consideration of (a) the Sponsor's adoption and ratification of the representations and
assurances contained in said Application for Federal Assistance, 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 ADMINISTRATION, FOR AND
ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as
the United States share of the allowable costs incurred in accomplishing the Project,
ninety percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
1. The maximum obligation of the United States payable under this Offer shall be
$ 786,218.00.
2. The Sponsor shall:
a. begin accomplishment of the Project within ninety 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, as
amended, and the Regulations of the FAA (14 CFR Part 152) in effect as of
the date of acceptance of this Offer; which Regulations are hereinafter refer-
red to as the "Regulations";
c. —carry out and complete the Project in accordance with the plans and specifica-
tions and property map, incorporated herein, as they may be revised or
modified with the approval of the FAA;
d. submit all financial reports on an accrual basis and if records are not maintain-
ed on an accrual basis, reports may be based on analysis or records or best
estimates as required by the Regulations;
e. monitor performance under the Project to assure that time schedules are being
met, projected work units by time periods are being accomplished, and that
other performance goals are being achieved as established by the Regulations.
FAA FORM 6100037 P G. 213.781 SUPERSEDES FAA FORM 5100-13
Page 3 of 5 'pages.
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 the
Regulations.
4. Payment of the United States share of the allowable project costs will be
made pursuant to and in accordance with the provisions of the Regulations.
Final determination of the United States share will be based upon the
final audit of the total amount of allowable project costs and settlement
will be made for any upward or downward adjustments to the Federal share
of costs. The grant closeout requirements will be in accordance with
the Regulations.
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, and Section 30 of the Airport
and Airway Development Act, as amended, 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 by reason of race, color, creed, national origin
or sex in the use 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, 1981
8. OMITTED
9. It is agreed that the Sponsor's assurances pertaining to compliance with
49 CFR Part 21, and Title VI of the Civil Rights Act of 1964, attached
to the Application for Federal Assistance attached hereto are hereby
made a part of this Grant Agreement.
10. The property map referred to on Page 1 of this Grant Agreement is the
property map attached to the Application for Federal Assistance for
Project No. 6-48-0051-10.
11. The plans and specifications referred to on Page 1 of this
Grant Agreement are the, preliminary plans approved by the FAA on September 21, 1981.
FAA Form 5100-37 Page 3 (8-81)
Page 4 of 5 pages •
12. The Sponsor hereby covenants and agrees that it will not advertise for
bids, award any contract or commence construction for any item of airport
development to be accomplished under this project until it has submitted
final plans and specifications satisfactory to the Administrator for such
item, and such plans and specifications have been approved; and it is
further understood that the United States will not make nor be obligated
to make any payment for such item of airport development under this Grant
Agreement until the Sponsor has submitted such plans and specifications
and they have been approved as herein provided. The Sponsor further
covenants and agrees that it will submit said final plans and specifications
to the Administrator on or before ninety days from thedate of this Grant
Agreement.
13. 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 dated September 17, 1981. and therefore it is understood
and agreed that the sponsor is under no obligation to furnish any new areas
or new rights without cost to the Federal Government under this grant
agreement. However, it is agreed and understood that the rights of the
United states to cost free areas obtained under unexpired grant agreements
with the sponsor are extended for twenty years from the date of this grant
agreement. Furthermore, the responsibility for paying the cost of relocating
any facilities located in such cost free areas shall be made in accordance
With Advisory Circular 150/5300-7B, FAA Policy of Facility Relocations
Occasioned by Airport Improvements or Changes.
FAA Form 5100-37 Page 4 (8-81)
Page 5 of s , pages
The Sponsor's acceptance of this Offer and ratification and adoption of the Application for
Federal Assistance incorporated herein shall be evidenced by execution of this instrument by
the Sponsor, as hereinafter provided, and said Offer and Acceptance shall comprise a Grant
Agreement, as provided by the Airport and Airway Development Act of 1970, as amended,
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 accept-
ance, provided, however, that this time limitation shall not apply to real
property acquired with federal assistance.
UNITED STATES OF AMERICA
FEDE VIATION ADMINISTRATION
By.. .+ .. �Gr...
(Title) Chief, Safety and Standards Branch
Part II - Acceptance
The city of Corpus Christi, Texas does hereby ratify and adopt all statements,
representations, warranties, covenants, and agreements contained in the Application for
Federal Assistance 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
(SEAL)
By
.1981 .
CITY OF CORPUS CHRISTI, TEXAS
(Name of Sponsor)
Title
Attest:
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I, , acting as Attorney for the City of Corpus Christi ,
(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
authorized and that the execution thereof is in all respects due and proper and in accordance
with the laws of the State of .Texas and the Regulations 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
Fee FnRM swam PG 5(3.781 SUPERSEDES FAA FORM 510113
this day of ,19 81 .
Title
OMB Approval Na 29-8021`
424-101
STANDARD FORM bo . FdarMiaoyaamCbd(10-75)
. W
E LvLRAt ASSISTAf.CE
2. APPLI.
CANT'S
.. MINDER
3. STATE
APPLICA.
a. MIDDEN ,
a
X
1. TYPE o PRFAFFUCATl3H
ACTION ❑y APPLIeATl1)R
APPLI.
CATION
6. DATE
prat% ld.
1 7
19 gr
TON
ioF.'r .
FIER
b. DATE rear moat,. day
ASSIGNED 19
n*Ion �• 0 NQTIFI.".1I"N 0T I:i 1i11 (0;t1
cos) 0 RUM CF FFOS;ash ALUM
y,,a,�
BIa,d,
4. LEGAL APPLIC/•NTiPECI1 IF199
a. Applicant Name : City of Corpus Christi,
Texas
S. FEDERAL EMPLOYER IDENTIFICATION NO.
74-60005-74
b. Org•nl tion ue.t : Aviation Division
e. Stmt/P.O. Boa , Route 2, Box 902
6.
pRO.
s. NIMES 121 0I. 1 110121
d. CID : Corpus Christi, a. Comm, ,
t. eat. : Texas 2. ziP eoa.:
a. Contact Ponos (Name William D. Wilder
8 t.rna... No : (512) 289-0171
Nueces
78410
GRAM
(From
Fadsral
Catalog)
b. TITLE
Airport Development Aid
Program
7. TITLE AND DESCRIPTION OF APPLICANTS PROJECT
Grade runway safety areas for Runways
extend terminal apron (approximately
construct generator building.
31 and 35;
10,000 S.Y.);
& TYPE OF APPLICANT/RECIPIENT
A -State tl-CommooltF Actin Agana .
Memnon'
Ca--ISu�i J1 --M. h,T De t
Dia°itonb 9-0Ib.r (sy.dfis)I
E -City
F-Sct.ol District
C -Sp csal Papas
Malrie! Enter srryroyriata Win
9. TYPE OF ASSISTANCE
A-Oaai. Cant D-lnwnna
6SoNN.mmtal GraAi [-0maEnt.. appra•
C Loco s,Jae tatter(.) I I Al
10. AREA OF PROJECT IMPACT slaws of cd:.a. coat&e,
City of Corpus Chsi"I"r <te �)
San Patricio and Nueces Counties
11. ESTIMATED MM..
DER
OF PE SONS
300,000
12. TYPE OF APPLICATION
a..5..C-RMum E .egm.etatim
B Renawst D conunvsewu
Esslcr•pproyrleta hth.
Li
13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS
on
35. TYPE OF CHANGE (For Moor Ise)
FEDERAL
S 786.218 .e0
a. APPLICANT
b. PROJECT
Ineerse..
B-Domess O9.1 n FOtber (Syecdp)a
b. APPIJCUIT
87.358 .ao
14
14
C -M5-0, ..s. Darattm
p-0.0911. Duration
a. STATE
,00
14 PROJECT
17. PROJECT
E-d1m1?.aaa
L LOCAL
.o
a.START
�
OAT39t)L 1L day
DURATION MoalAe
]month
E9siaa al.l (.)
., OTHER
,00
18. ESTIMATED DATE TO
Year day
19. EXISTING FEDERAL IDENTIFICATION NUMBER
E TOTAL
s . .W
iEDERAAL AGENCTYO►
1981 9 17
6-48-0051-12
20. FEDERAL AGENCY TO RECEIVE. PEQ.EST (Name. Cita, stat..
Federal Aviation Administration, Box
21P cads) Airports Division,
1689, Ft. Worth, TX 76101
21. REMARKS ADDED)
0 Y.. 0 Np
5
22.
THE
APPUIJANT
CERTIFIES
THAT".
.. To Ms bot of toy knowledge sod MIK4
data la Fah Ma .11c 5.'. era
toe .ad torrtet ibe ds.snt Tad:
duly Damm ! sad a�by Ma to ve1.l boor of
Use
Usemammamted epN?tpn! wul co.,*
5995 Um .tt.ened aswrmta .s
99 Um ate -03
ammo N ascend.
it ragnired
.baeln., OlaH
(u Coastal
(response
IN 058 Cirsulu 8-55 Ibis 15111 at?on wassubmitted, potowt to 1n. Non. Reapano.
, la .ppropri.te e:winalmame .ed N1 wpaao are atletAI c aquas. .u..*
Bend Council of Governments 0 0
previously submitted) 0 0
0
23.a.
R� EYING RE.
SENTATIVE
TYPED:AME AND TITLE.
R. Marvin Townsend
City Manager
b. SIGNATURE
C. DATE STONED
7a6f '
43,
19 81 9 17
.i
0I:1
24, AGENCY NAME
TIONAPPUCA• Year moss% dap
RECEIVED 19
26. ORGANIZATIONAL EMIT
27. ADMINISTRATIVE OFFICE
2S. FEDERA.APPUCATION
N
29. ADDRESS
30. FEDERAL GRANT
IDENTIFICATION
SL ACTION TAKEN
32. FUNDING
year month dor
SI. Year mon% day
0 L AWARDED
a. FEDERAL
$ .0G
39. 8011014 DATED. 19
STARTING
DATE 19
b. REJECTED
b. APPLICANT
.D9
35. CONTACT FOR ADDIT.ONAL INFORM%•
36. Year mass% :ay
❑ 0. RETURNED FOR
e. STATE
.00
TION (Name and aplauee wamb r)
ND
ENDING
DATE 19
AYElmAfl1l
4. ldJLL
.00
37. REMARKS ADDED
0 eL MINED
.. 0113ER
.00
l S. WTTHDRATK
5. TOTAL
S .00
0 Ya ON.
88.
FEDERAL AGENCY
A-95 ACTION
ddaed. N .ae..ly ..ponMoe e l9. dos my weaar proists p a/ 'Pa.11,r058 Circ. A - ran -995.
pan been or is beam made.
b. (Name AGENCY MSS ... ICIAL)
(Nana and IeJ.pAona no.)
424-101
STANDARD FORM bo . FdarMiaoyaamCbd(10-75)
. W
REPARTM' TRANSPORTATION -'FEDERAL AVIATION ADMINISTRATION
OMB NO. 8O.P
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does this assistance request require State, local,
regional, or other priority rating?
Yes X No
Name of Governing Body
Priority Rating
Item 2.
Does this assistance request require State, or local
advisory, educational or health clearances?
Name of Agency or
Board
Yes X No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review (Attach Comments)
in accordance with OMB Circular A-95?
X Yes No
Item 4.
Does this assistance request require State, local, Name of Approving Agency
regional or other planning approval? Dote
Yes X No
Item 5.
Is the proposed project covered by an approved Check one: State
comprehensive plan? Local "'
Regionol
X Yes No Location of pion
Item 6.
Will the assistance requested serve a Federal Nome of Federal Installation
installation? -- Yes X No Federal Populotinn benefiting from Project
Item 7.
Will the assistance requested be on Federol land Name of Federal Installation
or installation? Location of Federal Land
Yes---1'—.No Percent of Project
Item 8.
Will the assistance requested have an impact or effect See instruction for additional information to be
on the environment? provided.
Yes R No
Item 9. Number of:
Will the assistance requested cause the displacement of Individuals
individuals families, businesses, or farms? Families
Businesses
Yes X No Forms
Item 10.
Is there other related Federal assistance on this
project previous, pending, or anticipated?
Yes No
See instructions for additional information to be
provided.
FAA Form 5100.100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
Page 2
DEPARTMENT OF TRANSPORTATION — FEDERAL. AVIATION ADMINISTRATION
PART II - SECTION C
OMB NO. 04-R0209
The Sponsor hereby represents and certifies as follows:
L 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:
City comprehensive land use zoning on airport and all land surrounding airport
is in effect.
2. Defaults. -The Sponsor k not in default on any obligation to the United States or any agency of the United States Govern-
ment relative to the development, operation, or maintenance of any airport, except as stated herewith:
• None.
3. Possible Disabilities. -There are no facts 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 proceeding)
which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows:
None.
4. Land. -(a) The Sponsor holds 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, subject to the following exceptions, encumbrances, and adverse interests,
all of which areas are identified on the aforementioned property map designated as Exhibit "A";
attached to the Application for Federal Assistance for Project 6-48-0051-10:
Land within airport boundaries - Fee Simple Title
*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
area numbers shown on the property map.
FAA Form 5100-100 (4.761 Page 3a
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION
PART II • SECTION C (Continued)
OMB NO. 04-R0209
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that
such attorney or title company has determined that the Sponsor folds the above property interests.
(b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under
the Project, the following properly interest in the following areas of lands on which such construction work is to be performed,
all of which areas are identified on the aforementioned property map designated as Exhibit "A":
None
fc) The Sponsor will acquire within a reasonable time. and if feasible prior to the completion of all construction work under
the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in
connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned
property map designated as Exhibit "A":
None
5. Exclusive Rights.—There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned
or controlled by the bponsor except as follows:
None
*Slate character of property interest in each area and fist and identify for each all exceptions, encumbrances, and adverse interests
of every kind and nature, including liens, easements. leases, etc. The separate areas of land need only be identified here by the
area numbers shown on the property map.
MA Form 5100-100 (446)
Page 3b
DEPARTMENT TRANSPORTATION- FEDERAL• AVSATION ADMINISTRATION
, PART III — BUDGET INFORMATION — CONSTRUCTION
OMB HO. 80-R0180
SECTION A — GENERAL
1. Federal Domestic Assistance Catalog No 20.102
2. Functional or Other Breakout
SECTION B — CALCULATION OF FEDERAL GRANT
Coat Chisel/MotionAno,nt
Use only for revisions
Total
Required
Latest Approved
Amount
Adjustment
+ or (-)
1. Administration expense
8
S
$ 1,000
2. Preliniinary expense
3. Land,structures, right-of-way
4. Architectural engineering basic fees
55, 000
5. Other architectural engineering tees
6. Project inspection fees
28,000
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals ana Businesses
10. Demolition and removal
11. Construction and project improvement
755, 000
12. Equipment
13. Miscellaneous
1,000
14. Total (Lines 1 through 13)
840, 000
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
840, 000
17. Less: Ineligible Exclusions
18. Add: Contingencies
33,576
19. Total Project AmL (Excluding Rehabilitation Grants)
873,576
20. Federal Share requested of Line 19
786, 218
21. Add Rehabilitation Grants Requested (100 Percent)
22. Total Federal grant requested (Lines 20 & 21) '
786, 218
23. Grantee share
87,358
24. Other shares
25. Total project (Lines 22, 23 & 24)
FAA C-.... etnn
$
$
$ 873,576
100 1873) SUPERSEOE3 FAA FORM 8100-10 PAGES 1 THRU 7
Page 4
DEPART) = TRANSPORTATION = FEDERAL AVIATION ADMINISTRATION
OMB NO ea•F
SECTION C — EXCLUSIONS
NONE
Classification
26
Ineligible for
Participation
(I)
Excluded from
Contingency Prevision
(2)
a
$
$
b
c.
d.
e.
f.
g. Tools
5
5
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share
S 87,358
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
d. Bonds
e. Tax Levies
t. Non Cash
g. Other (Explain)
h. TOTAL — Grantee share
87,358
28. Other Shares —
—
a. State
b. Other
c. Total Other Shares
29. TOTAL
S 87,358
SECTION E — REMARKS
PART IV PROGRAM NARRATIVE (Attach — See Instructions)
FAA Foran SIOO.Ifll (6-731 Sttcrnxanec Cee enn.. -.-- .- _. ___ . __ _
Page 5
NARRATIVE DESCRIBING WORK TO BE DONE
1) Commercial Ramp Expansion
Expand the commercial ramp 300 feet to the west to accommodate an
additional two parking positions for 727 aircraft or equivalent.
This project would open up the west part of the terminal area for
two additional airlines. It is necessary to take care of the
anticipated growth of the International Airport in the coming years
and will increase revenue to the Airport through additional landing
fees and rents.
2) Emergency Engine Generator and Building
Construct building for 350 KVA engine generator unit, install and
hook up engine generator. This project will enhance the safety of
the Airport in providing continuous power during and after storms
or other 'electrical failures. The engine generator will power the
entire Airport including the airfield lights which will enhance
the safety during night-time operations.
3) Fill and Grade Safety Areas
Remove headwalls, install drainage pipe, fill and grade the safety
areas between Runway 31 and 35. This work is necessary to enhance
the safety feature of the Airport in that southern area between
the taxiways and runways. It will prevent an accident in the event
that an airplane lost control and ran out into the safety area.
Thi -nitches in that area are very deep and contain large concrete
headwalls which rise above the surrounding surface.
PART V
ASSURANCES
The applicant hereby assures and certifies that it will comply with the regulations, policies, guidelines, and
requirements including Office of Management and Budget Circulars No. A-95 (41 FR 2052), A-102 (42 FR 45828), and
FMC 74-4 (39 FR 27133; as amended by 43 FR 50977), as they relate to the application, acceptance, and use of
Federal funds for this Federally assisted project. Also, the applicant gives the assurance and certifies with
respect to the grant that:
1. Authority of applicant. It possesses legal authority to apply for the grant, and to finance and construct
the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an
official act of the applicant's governing body, authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the person identified as the
official representative of the applicant to act in connection with the application and to provide such
additional information as may be required.
2. E.O. 11926 and E.O. 11288. It will comply with the provisions of: Executive Order 11296, relating to
evaluation of flood hazards, and Executive Order 11288, relating to the prevention, control, and abatement
of water pollution.
3. Sufficiency of funds. It will have sufficient funds available to meet the non -Federal share of the cost for
construction projects. Sufficient funds will be available when construction is completed to assure
effective operation and maintenance of the facility for the purposes constructed.
4. Construction. It will obtain approval by the appropriate Federal agency of the final working drawings and
specifications before the project is advertised or placed on the market for bidding; that it will construct
the project, or cause it to be constructed, to final completion in aceordanee with the application and
approved plans and specifications; that it will submit to the appropriate Federal agency for prior approval
changes that alter the costs of the project, use of space, or functional layout; that it will not enter into
a construction contraot(s) for the project or undertake other activities until the conditions of the
construction grant programs(s) have been met.
5. Supervision, inspection, and reporting. It will provide and maintain competent and adequate architectural
engineering supervision and inspection at the ooastruetion site to insure that the completed work conforms
with the approved plans and specifications; that it will furnish progress reports and such other information
as the Federal grantor agency may require.
6. Operation of facility. It will operate and maintain the facility in accordance with the minimum standards
as may be required or prescribed by the applicable Federal, State, and local agencies for the maintenance
and operation of such facilities.
7. Access to records. It will give the grantor agency and the Comptroller General, through any authorized repre-
sentative, access to and the right to examine all records, books, papers, or documents related to the grant.
8. Access for handicapped. It 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 quali-
fied handicapped -person shall, solely by reason of his or her handicap be excluded from participation. in, be
denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment,
under any grant program or activity that reoeives funds or benefits from this grant. The sponsor further
assures that its programs will be conducted and its facilities operated, in compliance with the requirements
imposed by or pursuant to 49 CFR Part 27.
9. Commencement and completion.
after receipt of notification
project will be prosecuted to
10. Disposition of interest. It
facilities during the period
longer.
It will cause work on the project to be commenced within a reasonable time
from the approving Federal agency that funds have been approved and that the
completion with reasonable diligenoe.
will not dispose of or enoumber its title or other interests in the site and
of Federal interest or while the Government holds bonds, whichever 1s the
11. Civil Rights. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance
with Title VI of that'Aot, no person in the United States shall, on the ground of race, color, or national
origin, be exoluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any programer activity for which the applicant receives Federal financial assistance
and will immediately take any measures necessary to effectuate this agreement. If any real property or
structure thereon is provided or improved with the aid of Federal financial assistance extended to the
Applicant, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure 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.
FAA Form 5100-100 (8-81)
Page 6
12. Private gain. It will establish safeguards to prohibit employees from using their positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties.
13. Relocation assistance. It will comply with the requirements of Title II and Title II1 of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for
fair and equitable treatment of persons displaced as a result of Federal and Federally assisted programa.
14. OMB Circular A-102. It will comply with all requirements imposed by the Federal grantor agency concerning
special requirements of law, program requirements. and other administrative requirements approved in
accordance with Office of Management and Budget Circular No. A-102.
15. Hatch Act. It will comply with the provisions of the Hatch Act which limit the political activity of
employees.
16. Federal Fair Labor Standards Act.' It will comply with the minimum wage and maximum hours provisions of the
Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State
and local governments.
17. Effective date and duration. These covenants shall become effective upon acceptance by the Sponsor of an
offer of Federal aid for the Project or any portion thereof, made by the FAA and shall constitute a part of
of the Grant Agreement thus formed. These covenants shall remain in full force and effect throughout the
useful life of the facilities developed under this Projeot, but in any event not to exceed twenty (20) years
from the date of said acceptance of an offer of Federal aid for the Project. However, these limitations on
the duration of the covenants do not apply to the covenant against exclusive rights and real property
acquired with Federal funds. Any breach of these covenants on the part of the sponsor may result in the
suspension or termination of, or refusal to grant Federal assistance under, FAA administered programs, or
such other aotion which may be neoeseary to enforce the rights of the United States under this agreement.
18. Conditions and limitations on airport use. It will operate the Airport as such for the use and benefit of
the public. In furtherance of this covenant (but without limiting its general applicability and effect),
the Sponsor specifically agrees that it will keep the Airport open to all types, kinds, and classes of
aeronautical use on fair and reasonable terms without discrimination between such types, kinds, and
classes. Provided, that the Sponsor may establish such fair, equal, and not unjustly discriminatory
conditions'to be met by all users of the airport as may be necessary for the safe and efficient operation of
the Airport; And Provided Further, That the Sponsor may prohibit or limit any given type, kind, or class of
aeronautical use of the Airport if such aotion is necessary for the safe operation of the airport or
necessary to serve the civil aviation needs of the public.
19. Exclusive right. It
a. Will not grant or permit any exclusive right forbidden by Section 308(a) of the Federal Aviation Act of
1958 (49 U.S.C. Section 1349(a)) at the Airport, or at any other airport now owned or controlled by it;
b. Agrees that, in furtherance of the policy of the FAA under this covenant, unless authorized by the
Adninietrator, t will not, either directly or indirectly, grant or permit any person, firm or
corporation the exclusive right at the Airport, or at any other airport now owned or controlled by it,
to conduct any aeronautical activities, including, but not limited to charter flights, pilot training,
aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air
carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not
conducted in ooajunotion with other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct relationship to the operation of
aircraft can be regarded as an aeronautical activity.
o. Agrees that it w111 terminate any existing exclusive right to engage in the sale of gasoline or oil, or
both, granted before July 17, 1962, at such an airport, at the earliest renewal, cancellation, or
expiration date applicable to the agreement that established the exclusive right; and
d. Agrees that it will terminate any other exclusive right to conduct an aeronautical activity now existing
at such an airport before the grant of any assistance under the Airport and Airway Development Act.
20. Public use and benefit. It agrees that it will operate the Airport for the use and benefit of the public,
on fair and reasonable terms, and without unjust discrimination. In furtherance of the covenant (but
without limiting its general applicability and effect), the Sponsor specifically covenants and agrees;
a. That in its operation and the operation of all facilities on the Airport, neither it nor any person or
organization occupying space or facilities thereon will discriminate against any person or plass of
persona by reason of race, color, creed or national origin in the use of any of the facilities provided
for the public on the Airport.
FAA Form 5100-100 (6-61)
Paste 7
b. That in any agreement, contract, lease or other arrangement under whioh a right or privilege at the
Airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity
for
orugor furnishin eserservices
to the public at the Airport, the Sponsor will insert and enforce provisions
(1) to furnish said services on a fair, equal, and not unjustly discriminatory basis to all users
thereof, and
(2) to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service;
provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts,
rebates, or other similar types of price reductions to volume purchasers.
c. That it will not exercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operating aircraft on the airport from performing any services on its own aircraft with its
own employees (including, but not limited to maintenance and repair) that it may choose to perform.
d. in the event the sponsor itself exceroises any of the rights and privileges referred to in subsection b,
the services involved will be provided on the same conditions as would apply to the furnishing of such
services by contractors or concessionaires of the sponsor under the provisions of such subseotlon b.
21. Nonaviation activities. Nothing contained herein shall be construed to prohibit the graoting or exercise of
an exclusive right for the furnishing of nonaviation products and supplies or any service of a nonaeronautical
nature or to obligate the sponsor to furnish any particular nonaeronautical service at the airport.
22. Operation and maintenance of the airport. It will operate and maintain in a safe and serviceable condition
the airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical
users of the airport other than facilities owned or controlled by the United States, and will not permit any
activity thereon which would interfere with its use for airport purposes; provided, that nothing contained
herein shall be construed to require that the airport be operated for aeronautical uses during temporary
periods when snow, flood, or other climatic conditions interfere with such operation and maintenance; And
Provided Further, That nothing herein shall be construed as requiring the maintenance, repair, restoration,
or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God
or other condition or circumstance beyond the control of the sponsor. In furtherance of this covenant, the
sponsor will have in effect at all times arrangements for --
a. Operating the airport's aeronautical facilities whenever required;
b. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions;
and
c. Promptly notifying airmen of any condition affecting aeronautical use of the airport.
23. Airport hazards. Insofar as it is within its power and reasonable, the sponsor will, either by the
acquisition and retention of easements or other interests in or rights for the use of land or airspace or by
the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or
growth of any structure, tree, or other object in the approach areas of the runways of the airport, which
would constitute an airport hazard. In addition,, the sponsor will not erect or permit the erection of any
permanent structure or facility whioh would interfere materially with tne'wse, operation, or future
development of the airport, in any portion of a runway approach area in which the sponsor bas acquired, or
hereafter acquires, property interests permitting it to so control the use made of the surface of the land.
24. Use of adjacent land. Insofar as it is within its power and reasonable, the Sponsor will, either by the
acquisition and retention of easements or other interest in or rights for the use of land or airspace or by
the adoption and enforcement of zoning regulations, take action to restrict the use of land adjacent to or
in the immediate vicinity of the airport to activities and purposes compatible with normal airport
operations including landing and takeoff of aircraft.
25. Airport layout plan. It will keep up to date at all times an airport layout plan of the airport showing
(1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all
offsite areas owned or controlled by the sponsor for airport purposes, and proposed additions thereto;
(2) the location and nature of all existing and proposed airport facilities and structures (such as runways,
taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions
of existing airport faoilities; and (3) the location of all existing and proposed nonaviation areas and of
all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification
thereof, shall be subject to the approval of the FAA, whioh approval shall be evidenced by the signature of
a duly authorized representative of the FAA on the face of the airport layout plan. The sponsor will not
make or permit any changes or alterations in the airport or in any of its faoilities other than in
conformity with the airport layout plan as so approved by the FAA, if such changes or alterations might
adversely affect the safety, utility, or efficiency of the airport.
,. Federal use of facilities. All facilities of the airport developed with Federal aid and all those usable
for the landing and taking off of aircraft, will be available to the United States at all times, without
charge, for use by government aircraft in common with other aircraft, except that if the use by government
aircraft
:AA Form 5100-100 (8-81)
is 8, _antial, a reasodable share, proportional to such use, of the cost of operating and maintaining•
facilities so used, may be charged. Unless otherwise determined by the FAA, or otherwise agreed to by the
sponsor and the using agency, substantial use of an airport by government aircraft will be considered to
exist when operations of such aircraft are in excess of those which, in the opinion of the FAA, would unduly
interfere with use of the landing area by other authorized aircraft, or during any calendar month that --
a. Five (5) or more government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement and each takeoff as a movement) of
government aircraft is 300 or more, or the gross accumulative weight of government aircraft using the
airport (the total movements of government aircraft multiplied by gross weights of such aircraft) is in
excess of five million pounds.
27. Areas for FAA use. Whenever so requested by the FAA, the sponsor will furnish without cost to the Federal
Government, for construction, operation, and maintenance of faoilities for air traffic control activities,
or weather reporting activities and communioation activities related to air traffic control, such areas of
land or water, or estate therein, or rights in buildings of the sponsor as the PAA may consider necessary or
desirable for construction at Federal expense of space or facilities for such purposes. The approximate
amounts of areas and the nature of the property interests and/or rights so required will be set forth in the
grant agreement relating to the project. Such areas or any portion thereof will be made available as
provided herein within 4 months atter receipt of written requests from the FAA.
28. Fee and rental structure. The airport operator or owner will maintain a fee and rental structure for the
facilities and services being provided the airport users which will make the airport as self-sustaining as
possible under the circumstances existing at the airport, taking into account such factors as the volume of
traffic and economy of collection.
29. Reports to FAA. It will furnish the FAA with such annual or special airport finanoial and operational
reports as may be reasonably requested. Such reports may be submitted on forms furnished by the FAA, or may
be submitted in such manner as the sponsor elects so long as the essential data are furnished. The airport
and all airport records and documents affecting the airport, including deeds, leases, operations and use
agreements, regulations, and other instruments, will be made available for inspection and audit by the
Secretary and the Comptroller General of the United States, or their duly authorized representatives, upon
reasonable request. The sponsor will furnish to the FAA or to the General Accounting Office, upon request,
a true copy of any such document.
30. System of Accounting. A11 project accounts and records will be kept in accordance with a standard system•of
accounting if so preeoribed by the Secretary.
31. Interfering right. If, at any time, it is determined by the FAA that there is any outstanding right or
claim of right 1n or to the airport property, other than those set forth in Part II of the Application for
Federal Assistance, the existence of which creates an undue risk of interference with the operation of the
airport or the performance of the covenants of this Part, the sponsor will acquire, extinguish, or modify
such right or claim of right in a manner acceptable to the FAA.
32. Performanoe obligation. I1 will not enter into any transaction which would operate to deprive it of any of
the rights and powers necessary to perform any or all of the covenants made herein, unless by such
transaction the obligation to perform all such covenants is assumed by another publlo agency Found by -the
FAA to be eligible under the Act and regulations to assume such obligations -and having the power, authority,
and financial resources to carry out all such obligations. If an arrangement is made for management or
operation of the airport by any agency or person other.than the sponsor or an employee of the sponsor, the
sponsor will reserve sufficient rights and authority to insure that the airport will be operated and
maintained in a000rdanoe with the.Aot, the regulations and these covenants.
33. Meaning of terms. Unless the context otherwise requires, all terms used in these covenants which are
defined in the Act and the regulations shall have the meanings assigned to them therein.
34. Audit. It will provide for audit of this grant project to be made in accordance with Attachment P of Office
of Management and Budget Circular A-102.
35. Section 30.
a. It will undertake an affirmative action program, as required by 14 CFR Part 152, Subpart E, to ensure
that no person shall, on the grounds of raoe, creed, color, national origin, or sex, be excluded from
participating in any employment, contracting, or leasing activities covered in 14 CFR Part 152,
Subpart E. The sponsor assures that no person shall be excluded, on these grounds, from participating
in or receiving the services or benefits of any program or activity covered by this subpart. The
sponsor assures that it will require that its covered organizations provide assurance to the sponsor
that they similarly will undertake affirmative action programs and that they will require assurances
from their auborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect.
rAA Form 5100-100 (8-81)
Page 9
b. It agrees to comply with any affirmative action plan or ateps for equal employment opportunity required
by 14 CFR Part 152, Subpart E, as part of the affirmative action program or by any Federal, State, or
local agency or court, including those resulting from a conciliation agreement, a consent decree, court
order, or similar mechanism. The sponsor agrees that State or local affirmative action plans will be
used in lieu of any affirmative action plan or steps required by 14 CFR Part 152, Subpart E, only when
they fully meat the standards set forth in 14 CFR 152.409. The sponsor agrees to obtain a similar
assurance from its covered organizations, and to cause them to require a similar assurance of their
covered suborganizations, as required by 14 CFR Part 152, Subpart E.
36. Minority Business Enterprise (MBE).
a. 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. The sponsor 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, the sponsor or its 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. The sponsor and its contractors shall not discriminate on the basis of race,
color, national origin, or sex in the award and performance of DOT -assisted contracts.
o. If, as a condition of assistance, the sponsor has submitted and the Department has approved a minority
business enterprise affirmative action program which the sponsor agrees to carry out, this program 1s
incorporated in 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 sponsor 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 which may affect the ability of the
sponsor to obtain future DOT finanoial aasistanoe.
d. The sponsor agrees to advise such subreeipient, contractor, or subcontractor that failure to carry cut
the requirements in 49 CFR Part 23, paragraph 23.43(a), shall constitute a breach of contract and, after
notification of the Department, may result in termination of the agreement or oontraot by the sponsor or
such remedy as the sponsor deems appropriate.
e. Concerning lessees, the sponsor agrees that it shall not exolude MBEs from partioipation in business
opportunities by entering into long-term, exclusive agreements with non -MBEs for the operation of major
transportation -related activities or major activities for the provision of gooda and services to the
facility or to the public on the facility as set forth in 49 CFR Part 23.
37. Equal Opportunity Clause.
a. It agrees that it will be bound by the equal opportunity clause of 41 CFR Part 60-1.4 with respect to
its own employment practices when it participates in Federally assisted construotion works provided
that if the applicant so participating is a state or local government, the equal opportunity clause is
not applicable to any agency, instrumentality, or subdivision of such Government which does.not
participate in work on or under the oontraot.
b. It agrees that 1t will assist and cooperate actively with the FAA and the Secretary of Labor in
obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules,
regulations, and relevant orders of the Secretary of Labor, that it will furnish the FAA and the
Secretary of Labor such information as may be required for the supervision of such compliance, and that
it will otherwise assist the FAA in the discharge of the agency's primary responsibility for securing
compliance.
c. It further agrees that it will refrain from entering into any contract or contract modification, subject
to Executive Order 11246, of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, Government oontraots and Federally assisted construction contracts
pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the
equal opportunity olause as may be imposed upon contractors and subcontractors by the FAA 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 FAA 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 refusal occurred until satisfactory assurance of future compliance
has been received from the sponsor; or refer the ease to the Department of Justice for appropriate legal
proceedings.
FAA Form 5100-100 (8-81)
Page 10
,listing facilities. It will insure that the facilities under its ownership, lease, or supervision chic,
all be utilized in the accomplishment are not listed on the Environmental Protection Agency's (EPA) list
of violating facilities and that it will notify the Federal grantor agency of the receipt of'any
communication from the Director of the EPA Office of Federal activities indicating that a facility to be
utilized in the project 1s under consideration for listing by the EPA.
39. Flood insurance. It will comply with the flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Ant of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976.
Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance 1n communities where
such insurance is available as a condition for the receipt of any Federal financial assistance for
construction or acquisition purposes for use in any area that has been identified by the Secretary of the
Department of Housing and Urban Development as an area having special flood hazards. The phrase °Federal
financial assistance° includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.
40. Historic preservation. It will assist the Federal grantor agency in its compliance with Section 106 of the
Rational Historic Preservation Act of 1966 as amended (16 O.S.C. 470), Executive Order 11593, and the
Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the
State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties
listed in or eligible for inclusion in the Rational Register of Historic Places that are subject to adverse
effects (sea 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence
of any such properties, and by (b) complying with all requirements established by the Federal grantor agency
to avoid or mitigate adverse effects upon such properties.
41. Rates for Air Carriers and Fixed Base Operators. It agrees 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 nondisoriminatory 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 reasonable dlassifications 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 aviatlbn 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 wsea of
such airport utilizing the same or similar facilities; provision (a) above, shall not require the
reformation of any lease or other coatraot entered into by a sponsor before July 12, 19761 provision
(b) above, shall not require the reformation of any lease or other contract entered into by a aponvor before
July 1, 1975.
42. Computation of Rates. It is understood end agreed that no part of the Federal share of an airport
development project for which a grant 1s made under the Airport and Airway Development Act of 1970, as
amended (49 U.S.C. 1701 et seq.), or under the Federal Airport Aot, as amended (49 U.S.0 1101 et eeq.),
shall be included in the rate base 1a establishing fee., rates, and charges for users of the airport.
FAA Form 5100-100 (8-81)
Page 11
STANDARD DOT TITLE VI ASSURANCES
The City of Corpus Christi. mexas (hereinafter referred to as the
Sponsor) hereby agrees that as a condition to receiving Federal financial
assistance from the Department of Transportation (DOT), it will comply with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all
requirements imposed by 49 CFR 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") to the
end that no person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity for
which the applicant receives Federal financial assistance and will immediately
take any measures necessary to effectuate this agreement.
Without limiting the above general assurance, the Sponsor agrees concerning
Project No. 6-4g-0057-3 (hereinafter referred to as the Project) that:
1. Each "program" and "facility" (as defined in Sections 21.23(e) and
21.23(b) will be conducted or operated in compliance with all requirements of
the Regulations.
2. It will insert the following notification in all solicitations for bids
issued in connection with the Project and in adapted form in all proposals for
negotiated agreements:
The City of Cornus Christi. Texaq , in accordance with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, hereby notifies all bidders that it will
affirmatively assure that minority business enterprises are afforded
full opportunity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
3. It will insert the clauses of Attachment 1 of this assurance in every
contract subject to the Act and the Regulations.
4. Where Federal financial assistance is received to construct a facility,
or part of a facility, the assurance shall extend to the entire facility and
facilities operated in connection therewith.
5. Where Federal financial assistance is in the form or for the acquisition
of real property or an interest in real property, the assurance shall extend to
rights to space on, over, or under such property.
'6. It will include the appropriate clauses set forth in Attachment 2
of this assurance, as a.covenant running with the land, in any future deeds,
Page 1
leases, permits, licenses, and similar agreements entered into by the Sponsor
with other parties: (a) for the subsequent transfer of real property acquired
or improved with Federal financial assistance under this Project and (b) for
the construction or use of or access to space on, over, or under real property
acquired or improved with Federal financial assistance under this Project.
T. This assurance obligates the Sponsor for the period during which
Federal financial assistance is extended to the program, except where the
Federal financial assistance is to provide, or is in the form of personal
property or real property or interest therein or structures or improvements
thereon, in which case the assurance obligates the sponsor or any transferee
for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is
extended, or for another purpose involving the provision of similar services
or benefits or (b) the period during which the Sponsor retains ownership or
possession of the property.
S. It will provide for such methods of administration for the program
as are found by the Secretary of Transportation or the official to whom he
delegates specific authority to give reasonable guarantee that it, other
sponsors, subgrantees, contractors, subcontractors, transferees, successors
in interest, and other participants of Federal financial assistance under
such program will comply with all requirements imposed or pursuant to the
Act, the Regulations, and this assurance.
9. It agrees that the United States has a right to seek judicial
enforcement with regard to any matter arising under the Act, the Regulations,
and this assurance.
TRU ASSURANCE is given in consideration of and for the purpose of obtaining
Federal financial assistance for this Project and is binding on its contractors,
the sponsor, subcontractors, transferees, successors in interest and other
participants in the Project. The person or persons whose signatures appear
below are authorized to sign this assurance on behalf of_the Sponsor.
DATED
1/1 Ai
Attachments 1 and 2
By
The City of Corpus Christi, Texas
(Sponsor)
(Signature of Authorized a€fi, ia4ti�
Page 2
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACHMENT 1
During the performance of this contract, the contractor, for itself, its
assignees and successors in interest (hereinafter referred to as the
"contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the
Regulations relative to nondiscrimination in federally assisted programs of
the Department of Transportation (hereinafter, "DoT') Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time
(hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this contract.
2. Nondiscrimination. The contractor, with regard to the work
performed by it during the contract, shall not discriminate on the grounds
of race, color, or national origin in the selection and retention of subcon-
tractors, 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 D of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials
and Equipment. In all solicitations either by competitive bidding or nego-
tiation made by the contractor for work to be performed under a subcontract,
including procurements of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the contractor of the con-
tractor'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 informa-
tion 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 (FAA) to be pertinent to ascertain compliance
with such Regulations, orders, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails
or refuses to furnish this information, the contractor shall so certify to
the sponsor or the FAA, as appropriate, and shall set forth what efforts it
has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's
noncompliance with the nondiscrimination provisions of this contract, the
sponsor shall impose such contract sanctions as it or the FAA may determine
to be appropriate, including, but not limited to—
Page 1
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 pro-
curements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The contractor shall take
such action with respect to any subcontract or procurement as the sponsor or
the FAA may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier
as a result of such direction, the contractor may request the Sponsor to enter
into such litigation to protect the interests of the sponsor and, in addition,
the contractor may request the United States to enter into such litigation to
protect the interests of the United States.
Attachment 1, Page 2
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, permits,
or similar instruments entered into by The City of Corpus Christi, Texas
pursuant to the provisions of Assurances 6 (a) and 6 (b).
1. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds and leases add
"as a covenant running with the land") that in the event facilities
are constructed, maintained, or otherwise operated on the said
property described in this (deed, license, lease, permit, etc.) for
a purpose for which a DOT program or activity is extended or for
another purpose involving the provision of similar services or
benefits, the (grantee, licensee, lessee, permitee, etc.) shall
maintain and operate such facilities and services in compliance
with all other requirements imposed pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be amended.
2. The (grantee, licensee, lessee, permitee, etc., as appropriate)
for himself, his personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add "as a
covenant running with the land") that: (1) no person on the grounds
of race, color, or national origin shall be excluded from par—
ticipation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over, or under such land
--and the furnishing of services thereon, no -person on the grounds
of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the (grantee, licensee,
lessee, permitee, etc.) shall use the premises in compliance
with all other requirements imposed by or pursuant to 49 CFR
Part 21, Nondiscrimination in Federally Assisted Programs of
the Department of Transportation, and as said Regulations may
be amended.
Corpus Christi, Tex
23i(/day of
1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
The above ordinance was
Luther—Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
MAY
THE CI OF CORPUS CHRISTI, TEXAS
passed by the following vote:
16583