HomeMy WebLinkAboutResolution - 928 - Grant Agreement- FAA- Relocate County Road, Phase I Terminal Ramp Expansion LIA - 09/24/1981S�Q
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RESOLUTION
RESOLUTION 928 - 9/24/81
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Grant Agreem,-at
between the City of Lubbock and the United States of America, acting through
the Federal Aviation Administration, a copy of which is attached herewith whict
shall be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council
ATTEST:
this 24th day of September ,1981.
'F_ A Z
ILL ITCALISHER, MAYOR
_,.Evelyn Ga ga, City Ser a reasurer
APPROVED AS TO CONTENT:
Marvin Coffee, Dir or of Aviation
APPROVED AS TO FORM:
1►f
Susan M. Horton, Assistant City Attorney
SEP g
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resolution 928 - 9/24/81 _
Page 1 of 5 pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part I -Offer
Date of Offer SEP 18 1981
Lubbock International
Project No. 6-48-0138-16
Contract No. DOT -FA 81 SW - 8464
TO: The City of Lubbock, 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 July 31, 1981 , for a grant of Federal
funds for a project for development of the Lubbock International
Airport (herein called the "Airport"), together with plans and
specifications for such project, which Application for Federal Assistance, as approved by
the FAA is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called
the "Project") consisting of the following -described airport development:
Relocate County road; Phase I of: Expand terminal ramp.
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 (3-781 SUPERSEDES FAA FORM 5100-13
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,
90 percentum.
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
$ 953,146.
2. The Sponsor shall:
a. begin accomplishment of the Project within two hundred (200) 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 5100-37 PG. 2 13-781 SUPERSEDES FAA FORM 51OD-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. The sponsor agrees to comply with the Part V. Assurances, attached to
this offer which replaces the Part V, Assurances, that accompanied the
Application for Federal Assistance.
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.
11. The plans and specifications referred to on Page 1 of this
Grant Agreement are the preliminary plans and specifications submitted
to the FAA on July 27, 1981, all of which are made a part hereof and
incorporated herein by reference.
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
ntract, or commence any of the construction to be
bids, award any co
accomplished under this project until it has submitted final plans and -
specifications and such plans and specifications have been approved
by the FAA, 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 90 days from the date of this Agreement.
13. The Federal Government does not now plan or contemplate the construc-
tion of any structures pursuant to paragraph 27 of Part V, Assurances,
of the application dated July 31. 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)
r , i
Page S of 5 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 ANIERICA
FEDER V TI..N DMINIST ATION
By. . �....... ..... << ...... ........
(Title) Chief, Albuquerque Airports Dis ffice
Part II - Acceptance
The City of Lubbock, 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
(SEAL)
Attest: ''�. .. ..
Title:' , ,CitX Clerk ........ . . . . .... .
day of
,19
City of Lubbock, Texas
..................... .. ...............
of so )
By. .. ... ...............
Title.. MaYor............... ....... . .
CERTIFICATE OF SPONSOR'S ATTORNEY
1, Donald G. Vandiver , acting as Attorney for City of Lubbock
(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.
vok
Dated at Lubbock, Texas this 2-3 day of 5e.ptP.t*k6 s' '1901.
.... ... ...9.1- .. .. w . .
AssisTti`lnet • city. Attorney ........... .
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 accordance 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 contract(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 construction 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 receives 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. It will cause work on the project to be commenced within a reasonable time
after receipt of notification from the approving Federal agency that funds have been approved and that the
project will be prosecuted to completion with reasonable diligence.
10. Disposition of interest. It will not dispose of or encumber its title or other interests in the site and
facilities during the period of Federal interest or while the Government holds bonds, whichever is the
longer.
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 Act, 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. 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 III 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 programs.
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 Project, but in any event not to exceed twenty (20) years
from the date of said acceptance of an offer of Federal aid for the Project. However, these limitations on
the duration of the covenants do not apply to the covenant against exclusive rights and real property
acquired with Federal funds. 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 action which may be necessary 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 action 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
Administrator, it 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 conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct relationship to the operation of
aircraft can be regarded as an aeronautical activity.
c. Agrees that it will 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 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.
FAA Form 5100-100 (8-81)
Page 7
b. That in any agreement, contract, lease or other arrangement under which a right or privilege at the
Airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity
for furnishing services to the public at the Airport, the Sponsor will insert and enforce provisions
requiring the contractor --
(1) to furnish said services on a fair, equal, and not unjustly discriminatory basis to all users
thereof, and
(2) to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service;
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 excerclses 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 subsection b.
21. Nonaviation activities. Nothing contained herein shall be construed to prohibit the granting 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 Cod
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 which would interfere materially with the use, operation, or future
development of the airport, in any portion of a runway approach area in which the sponsor has 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 facilities; and (3) the location of all existing and proposed nonaviation areas and of
all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification
thereof, shall be subject to the approval of the FAA, which 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 facilities 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.
26. 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
FAA Form 5100-100 (8-81) 1
Page 8
is substantial, a reasonable share, proportional to such use, of the cost of operating and maintaining
facilities so used, maybe 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
i
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 facilities for air traffic control activities,
or weather reporting activities and communication activities related to air traffic control, such areas of
land or water, or estate therein, or rights in buildings of the sponsor as the FAA 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 after 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 financial 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. All project accounts and records will be kept in accordance with a standard system of
accounting if so prescribed 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 in 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. Performance obligation. It will not enter into any transaction which would operate to deprive it of any of
the rights and powers necessary to perform any or all of the covenants made herein, unless by such
transaction the obligation to perform all such covenants is assumed by another public 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 accordance with the Act, 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 race, creed, color, national origin, or sex, be excluded from
participating in any employment, contracting, or leasing activities covered 1n 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 suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect.
FAA Form 5100-100 (8-81) Page 9
A A' i r
b. It agrees to comply with any affirmative action plan or steps 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 meet 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 CFA 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 CFA 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.
c. 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 is
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 financial assistance.
d. The sponsor agrees to advise such subrecipient, contractor, or subcontractor that failure to carry out
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 contract by the sponsor or
such remedy as the sponsor deems appropriate.
e. Concerning lessees, the sponsor agrees that it shall not exclude MBEs from participation 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 goods and services to the
facility or to the public on the facility as set forth in 49 CFA 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 construction work: 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 contract.
b. It agrees that it 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 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 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 case to the Department of Justice for appropriate legal
proceedings.
FAA Forw 5100-100 (8-81) Page 10
;8. Violating facilities. It will insure that the facilities under its ownership, lease, or supervision which
shall be utilized in the accomplishment are not listed on the Environmental Protection Agency'a (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 is 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 Act 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 in 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
National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the
Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 at 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 National Register of Historic Places that are subject to adverse
effects (see 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 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 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.
42. Computation of Rates. 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.0 1101 at aeq.),
shall be included in the rate base in establishing fees, rates, and charges for users of the airport.
FAA Form 5100-100 (8-81)
Paas :1
�e
26. ORGANIZATIONAL UNIT
27. ADMINISTRATIVE OFFICE
r
OMB Approval No. 29-RO218
'
i+! 2 APPLI e. NULd9EA
FEDERAL ASSISTAN
S. STATE a. NUMBER
CANTS LLA -1980-02
A►PLICA- TX00402004
SL ACTION TAKEN
1. TYPE PREAPPLICA71ON i APPLI- b. DATE
OF
TION
IDENTI• b. DATE Year month day
34. Year month day
Tsar AA 1nth 4 4
ACTION APPLICATION CATION
19
' FIER ASSIGNED 19 8O 06 10
0 a. AWARDED
(Markati E] NOTIFICATION OF INTENT (Opt) Lraoe
STARTING
DATE 19
b. APPLICANT O(j
;) ❑ REPORT CF FEDEPUL ACTION Blank
S6. Year mo%U day
DATE G19
4. LEGAL APPLICANT/RECIPIENT
S. FEDERAL EMPLOYER IDENTIFICATION NO.
a. Applicant Rama : City of Lubbock
75-6000590
Is Organization Unit : Lubbock International Airport
c. Street/P.O. Bea : Route 3, BOX 389
S.
PRO.
a. NUMBER 12 0ID 1110 12 1
b. TITLE
'
d• City : Lubbock e. county : Lubbock
GRAM
I. State : Texas S. ZIP Coda: 79401 -
rom
(Fadrraera 9
A I P
b. Contact Person (Name Marvin W. Coffee
Catabp)
d:• telephone No.) : 806/762-392
7. TITLE AND DESCRIPTION OF APPLICANT'S PROJECT
6. TYPE OF APPLICANT/RECIPIENT
Relocate county road; expand, mark and light
A -Stat, N -Community Action Agency
B-Int.mlate 1-NiaharEduational Institution
terminal ramp; construct, mark and light
C-SubsLte )- Indica, Tribe
K-OUm (Spodfy):
o -comb
connecting taxiway; relocate hangar.
F
-City District
G -Special Purpose E
District Enter appropriate Setter
9. TYPE OF ASSISTANCE
A Basic Grant D -Insurance
11114upplamental Grant E-0ther Enter apprn-
C-Losa priate Jatter(,) AM
10. AREA OF PROJECT IMPACT (Fames of cities, counties,
11. ESTIMATED NUM-
12. TYPE OF APPLICATION
Siales, 490.)
BER OF PERSONS
A-N.w C -Revision E -Augmentation
Lubbock County
County
BENEFITING
250,000
B-Ranswal D -Continuation
Enter appropriate 14tter 91
13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF:
15. TYPE OF CHANGE (For tto or Tse)
A -Increase Dollars F -Mar (Specify):
B-D.uesse Dollars
a. FEDERAL :10 121 436.00
s. APPLICANT
b. PROJECT
19
19
C -c Duration
D- deaes• ass Duration
b. APPLICANT 24 04.00
[-Cancellation
c. STATE
16. PROJECT START
17. PROJECT
DATE Year month day
DURATION
Enter appro-
d. LOCAL .00
19 1 0 1 5
1 8 �fomtha
prate Icitsr(s)
a. OTHER00
It. ESTIMATED DATE TO Year month day
19. EXISTING FEDERAL IDENTIFICATION NUMBER
ED TO
FEDERAL AGENCY► 1981 07 31
6-48-0138-
+. TOTAL 311 246 040.00
20. FEDERAL AGENCY TO RECEIVE REQUEST (Name. City, State. ZIP soda)
21. REMARKS ADDED
DOT /FAA A BO ADO Albu uer ue, NM 87106
1 p Vas ® No
22.
a. To the best of my knowledge and belief,
b.11 required by OMB Circular "S this aialiation was submitted, pursuant to in- No re. Response
data In this proappliatioa/applicalion aro
stractioas tpenin, to appropriate elearingboum
and all responses are attacked: sponse attached
THE
true and correct, the document be: been
APPLICANT
duly authorized by the gonming body of
South Plains Association of ❑
CERTIFIES
the applicant and the apphcanl will comply
(1)
THAT 10-
with the attached assurances If the .31st-
C:D Governments (previously submitted). ❑ ❑
once Is approved.
(3)
❑ ❑
23.
a. TYPED NAME AND TITLE
L SIGNATURE
a. DATE SIGNED
CERTIFYING
REPRE-
Marvin W. Coffee
�/J
Ysar month day
SENTATtVE
Director of Aviation
!/��•
198 C'�
24. AGENCY NAME
TLUMPPLICA• roar smona day
RECEIVED 19
�e
26. ORGANIZATIONAL UNIT
27. ADMINISTRATIVE OFFICE
2L FEDERAL APPLICATION
IDENTIFICATION
29. ADDRESS
30. FEDERAL GRANT
IDENTIFICATION
SL ACTION TAKEN
12. FUNDING
Year montA day
34. Year month day
a. FEDERAL S .00
0 a. AWARDED
33. ACTION DATE ► 19
STARTING
DATE 19
b. APPLICANT O(j
35. TION (Nam. R ADD Tp IONAwanI ORMA•
S6. Year mo%U day
DATE G19
o b. REJECTED
0 a RETURNED FDR
a. STATE .00
AMEImMElR d. LOCAL .00 37. REMARKS ADDED
D d. DEFERRED e. OTHER .00
L7 s. WITHDRAWN 1. TOTAL i .00 0 Yas f3N0
1L a. In taking above action, a" commenbi r.wived hem clearinghouses were ton. b. FEDERAL AGENCY A-95 OFFICIAL
sidered. It agency response Y duo ander provisions of Pat 1, O1d6 Circular A -M (Name and telephone Rao.)
FEDERAL AGENCY N has boon or is being mads.
J4-95 ACTION
424-101
0
STANDARD FORM 424 FACE
a►..... l"d he CSA. Jraderat No"Psaasnt Ci
DEPARTMENT OF TRANSPORTATION. FEDERAL AVIATION ADMINISTRATION
PART II
PROJECT APPROVAL INFORMATION
SECTION A
OMB NO. 00-R
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
Name of Agency or
advisory, educational or health clearances?
Board
Yes X
No
(Attach Documentation)
Item 3.
Does this assistance request require clearinghouse review
(Attach Comments)
in accordance with OMB Circular A-95?
No adverse comments.
X Yes
No
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 '--1
comprehensive plan?
Local g�
Regional r-1
X —Yes—No
Location of plan Lubbock, Texas
Item 6.
Will the assistance requested serve a Federal
Name of Federal Installation
installation? Yes X
No
Federal Population benefiting from Project
Item 7.
Will the assistance requested be on Federal land
Name of Federal Installation
or installation?
_
Location of Federal Land
Yes X
No
_
Percent of Project
Item 8.
Will the assistance requested have on 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 X
No
Forms
Item 10.
Is there other related Federal assistance on this
See instructions for additional information to be
project previous, pending, or anticipated?
provided.
Yes X
No
FAA Form 5100.100 16-731 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
Page
41.
DEPARTMENT Of TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION
PART U . SECTION C
OMIT NO o. P.)D9
►
The Spopor hereb% represents and certifi" a, follu..s: f
1. Golmpatible Land l.sc.-The Sponsor has taken thr follaiwmg action• to assurr compatible usage of land adjavrtN to or us
the vicinoi of the airport.
'3 Adopted Airport Hazard Zoning Ordinance
Adopted Airport Master Plan
_'. I Irfaull.. Thr Sp�►n•or isnot in drfaull on am ohlogatiain 16 thr Vnited Slalr. or am agrnc% of thr l'mird Stair- I:ai%.•nt
mrni rt-lalivr'l►+ Ihr drvrlopmrnl. operation; tur mainlrnancr of ani i1rIN►rl, exce-pt a, %tated hrrrw'tlh:-
None
:t. 1'4 t—il►le I ls.ahihtir..- 11►rrr arc nal fart• or circ unl-tanrr• (Including the exi?.lrnrr of effective, or pr+.ltt,..•81 l.•.,- - 11..
agrrvmrni- c►r uth.•r Irgal in�trumrnt- affrcim-, u -r of list- lsrl►ort or thr eal.,trn►•e of pending litigation or other lrg.►I Itrot 01,1,1111,-1
which in reaamahlr prohabilit) night rnake it imps,--ible fair the Sponu►r to cam out and complete the Pro)' , a air Darn 00th IIIc
lormi.it►n. of Part 1 of this Aplolicallurl. t•Ithrr k limiting il. Ir,,al or flnatlrlal abillt) or utherww, except a- li►IlaiV,
None
4. Land. -4a) Thr Spt►n-e►r hold- the- G►Ilowing loruliert% inlerea its thr following arra- of land which arr Is, hr dr%rh.ltt •I
or u. -ed a- part of ter in ronnrction moth Ih.• lirl►ort. all of which arra- are idrutifird on Cllr aforrmrnt"►ned lorollrr1% mall
lem-nated a- Exhibit "A1 :
(1) Fee simple title free and clear of any exception, encumbrance, or out-
standing interest which would interfere with use of the land's surface or the airspace
above it for (A) airport or air navigation purposes, or, when no longer needed for
such purposes, for (B) any other purpose, use or disposition authorized or required by
Attachment N to CMB Circular A-102, to *
See Attached Exhibit A
2) Easements to •
4 `
S
IdentiFy by 4TiACT AFts M , and NU4EER ass own in Exhibit 'A". I none', so state,
No additional reference to Exhibit "A" needed.
FAA Fbrm 5100-100 (4-76) Page 3a
AS6W (JarV79 )
DE`P6RTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209
PART 11 - SECTION C (Continued)
The Sponsor further crrlific, that the above i, based on a title• examination by a qualified attorney or title company and that
such allorney or title comp:m% ba, determined Ilial the Sponsor holds the above properly interests.
(b) The Sponsor kill aryuire within a rea,onablr time, but in am. ment prior to the start of any construction work under
the Project, the follomiug property interest in the following[ areas of land on which such construction work is to be performed,
all of which area, arc idenlified on the aforrmentioned properly map desigpealed as Exhibit "A":
(1) Fee simple title free and clear of any exception, encumbrance, or out-
standing interest which would interfere with use of the land's surface or the airspace
above it for (A) airport or air navigation purposes, or, when no longer needed for
such purposes, for (B) any other purpose, use or disposition authorized or required by
Attachment N to OM Circular A-102, to *
No construction will commence on relocation of the county road
until the Sponsor has acquired Parcel No. 14 as shown on the
Exhibit "A".
(2) Easements to * •
None.
(e) The -ponsor will acquire within a reasonahle time., and if feasible prior to the completion of all construction work under
the Project, the following propert) interest in the followiew area, 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 i:xhihit "A":
(1) Fee simple title free and clear of any exception, encLunbrance, or out-
standing interest which would interfere with use of the land's surface or the airspace
above it for (A) airport or air navigation purposes, or, when no longer needed for
such purposes, for (B) any other purpose, use or disposition authorized or required by
Attachment N to OMB Circular A-102, to *
N/A
(2) Easenents to *
None.
5. Exclusive Rithts.—There is no rant of an exclusive right for the conduct of any aeronautical activity at any airport owned
or controlled by the sponsor except as fellows:
Identify by TRACT P , and NUMBER as shown in D tibit "Ate. I 'none", so state.
No additional reference to Exhibit "A" needed.
FAA Form 5100-100 (4-76) Page 3b
A.SWW (JaYV79 )
�..FT III — E,L;��DGCT ;NFCR!,,.ATICN — Cut:STRUCTION
! SECTION A — GENERAL
! 1. Federal Domestic Assistance Catalog No ............ .
20.102
!2. Functional or Other Breakout .................... AIP
SECTION B - CALCULATION OF FEDERAL GRANT
i
I
Cost Classification
!
Use only for revisions
Total
Amount
Required
Latest Approved
Amount
Adjustment
+ or H
1. Administration expense
S
S
S 12,000
2. Preliminary expense
-0-
0-3.
3. Land,structures, right-of-way
-0-
4. Architectural engineering basic fees
500,360
5. Other architectural engineering fees
-0-
6. Project inspection fees -
4Z0 000
7. Land development
-0- —
0-
8. Reiocation Expenses
8.
-0-
1-9-Relocation payments to Individuals an6 businesses
-0-
10. Demolition and removal
-0-
11. Construction and project improvement
8,459,340
12. Equipment
-0-
0-
13. TarscelIaneous
13.
-0-
0-14.
14. Total (Lines 1 through 13)
9,391,700
15. Estimated Income (if applicable)
-0-
16. Net Project Amount (Line 14 minus 15)
9 391,700
117. Less: Ineligible Exclusions
I -0-
18. Add: Contingencies
1 854,340
19. Total Project Amt. (Excluding Rehabilitation Grants)
I 1 Z46 040
20. Federal. Share requesteo of Line 19
10 1 Z 1 436
21. Add Rehabilitation Grants Requested (100 Percent)
-0-
22. Total Federal grant requested (Lines 20 & 21)
10,121,436
23. Grantee share
1 124 604
24. Other shares
-0-
25. Total project (Lines 22, 23 & 24)
S
S
S 11, 246, 040
FAA Forth 5100.100 4673) SUPERSEDES FAA FORM eruu-Iu rws,ca r rnrau r
ro9,
DEPAP.TMENT OF TRANSPORTATION , FEDERAL AVIATION ADMINISTF
SECTION C - EXCLUSIONS
OMb NG b�Fr�lb
Classification
26
Ineligible for
Participation
1
Excluded from
Contingency Pro.ision
a. None.
a
$
b
c
d
e.
r,
9. Totals
E
$
SECTIOWD - PROPOSED METHOD OFFINANCING NON -FEDERAL -SHARE
121. Grantee Share $
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
d. Bonds 1, 1Z4,604
e. Tax Levies
f. Non Cash
g. Other (Explain)
h. TOTAL — Grantee share 1,124,604
28. Other Shares
a. State
b. Other
c. Total Other Shares —0-
29. TOTAL $ 1.124.604
SECTION E — REMARKS
I PART IV PROGRAM NARRATIVE (Attach — See Instructions)
FM Form 5100-100 r6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 TNRU 7 _ - Page 5
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
• ' PART V
ASSURANCES
The applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines and requirements,
including Office of Management and Budget Circulars Nos. A-87, A-95, and A-102, as they relate to the application,
acceptance and use of Federal funds for this federally -assisted project. Also, the applicant gives assurance and certifies with
respect to the grant that:
1. It possesses legal authority to apply for the grant, and to
finance and construct the proposed facilities; that a resolu-
tion, 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 under-
standings and assurances contained therein, and directing
and authorizing the person identified as the official repre-
sentative of the applicant to act in connection with the
application and to provide such additional information as
may be required.
2. It will comply with the provisions of: Executive Order
11296, relating to evaluation of flood hazards, and Execu-
tive Order 11288, relating to the prevention, control, and
abatement of water pollution,
3. It will have sufficient funds available to meet the non -
Federal share of the cost for construction projects. Suffi-
cient funds will be available when construction is com-
pleted to assure effective operation and maintenance of the
facility for the purposes constructed.
4. It will obtain approval by the appropriate Federal
agency of the final working drawings and specifications be-
fore 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 accordance with the
application and approved plans and specifications; that it
will submit to the appropriate Federal agency for prior ap-
proval changes that alter the costs of the project, use of
space, or functional layout; that it will not enter into a
construction contract(s) for the project or undertake other
activities until the conditions of the construction grant pro-
grams) have been met.
5. It will provide and maintain competent and adequate
architectural engineering supervision and inspection at the
construction site to insure that the completed work con-
forms with the approved plans and specifications; that it
will furnish progress reports and such other information as
the Federal grantor agency may require.
6. It will operate and maintain the facility in accordance
with the minimum standards as may be required or pre-
scribed by the applicable Federal, State and local agencies
for the maintenance and operation of such facilities.
7. It will give the grantor agency and the Comptroller Gen-
eral through any authorized representative access to and the
right to examine all records, books, papers, or documents
related to the grant.
8. It will require the facility to be designed to comply with
the "American Standard Specifications for Making Build-
ings and Facilities Accessible to, and Usable by, the Physi-
cally Handicapped," Number A117.1-1961, as modified (41
CFR 101-17.703). The applicant will be responsible for
conducting inspections to insure compliance with these
specifications by the contractor.
9. It will cause work on the project to be commenced with-
in a reasonable time after receipt of notification from the
approving Federal agency that funds have been approved
and that the project will be prosecuted to completion with
reasonable diligence.
10. It will not dispose of or encumber its title or other
interests in the site and facilities during the period of Fed-
eral interest or while the Government holds bonds, which-
ever is the longer.
11. 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
Act, no person in the United States shall, on the ground of
race, color, or national origin, be excluded from participa-
tion 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. If any real property or structure thereon is pro-
vided or improved with the aid of Federal financial assis.
tance extended to the Applicant, this assurance shall obli.
gate 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 bene-
fits.
12. It will establish safeguards to prohibit employees from
using their positions for a purpose that is or gives the ap-
pearance 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. It will comply with the requirements of Title II and
Title III of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which
provides for fair and equitable treatment of persons dis-
placed as a result of Federal and federally assisted pro-
grams.
14. It will comply with all requirements imposed by the
Federal grantor agency concerning special requirements of
law, program requirements, and other administrative re-
quirements approved in accordance with Office of Manage-
ment and Budget Circular No. A-102.
15. It will comply with the provisions of the Hatch Act
which limit the political activity of employees.
16. 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 em-
ployees of State and local governments.
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
Page 6
or
VOArTN£,:T 0'�i /►i .A.T: N . r t✓t rA, AVIATIC1W At"'WIST&ATION
SPOW'M. RSSURI.NCES
17. These covenants shall become effective upon acceptance
by the Sponsor of an offer of Federa! aid for the Project or
any portion thereof, made by the FAA and shall constitute
s part of the Grant Agreement thus formed. These covenants
shall remain ir. full force and effect throughout the useful
life of the facilities developed under this Project, but in any
event not to exceed twenty (20) years from the date of said
acceptance of an offer of Federal aid for the Project. How.
ever, these limitations on the duration of the covenants do
not apply to the covenant arainst exclusive richts
or to real property acquired with Federal
assistance. Any breach of these cove-
nants on the part of the Sponsor may re-
sult in the suspension or termination of,
or refusal to grant Federal assistance un-
der FAA -administered programs, or such
other action which may be necessary to en-
force the rights of the United States under
-this _ agreement. ,
18. The Sponior will operate the Airport as such for the ttse
and benefit of the public. In furtherance of this covenant
(but without limiting its general applicability and effect).
the Sponsor specifirally agrees that it will keep the Airport
open to all types, kinds, and classes of aeronautical use on
fair and rea--onable terms without discrimination between
such types, kinds, and classes. Provided; That the Sponsor
may estahlish such fair, equal, and not unjustly discrimina-
tory conditions to be met by all users of the Airport as may
be necessary for the safe and efficient operation of the Air-
port; And Provided Further, That the Sponsor may pro-
hibit or limit any given type, kind, or class of aeronautical
u%e of the Airport if such action is necessary for the safe
operation of the Airport or necessary to serve the civil avia-
tion needs of the public.
19. The Sponsor—
a. will not grant or permit any exclusive right for-
bidden by Section 308(x) of the Federal Aviation Act of
1959 143 U.S.C. 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 Administra.
tor. it will not, either directly or indirectly, grant or per-
mit any person, firm or corporation the exclusive right at
the Airport, or at any other airport now owned or con-
trolled by it, to conduct any aeronautical activities, in-
cluding, but not limited to charter flights, pilot training,
aircraft rental and sightseeing, aerial photography, crop
dusting, aerial advertising and surveying, air carrier op-
erations, aircraft sales and services, sale of aviation petro•
leum products whether or not conducted in conjunction
with other aeronautical activity, repair and maintenance
of aircraft. sale of aircraft parts, and any other activities
which because of their direct relationship to the operation
of aircraft can he regarded as an aeronautical activity.
c. Agrees that it will 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 anv assistance under
the Airport and Airway Development Act,
20. The Sponsor arrees that it will operate the Airport for
the u%e and benefit of the public, on fair and reasonable
FAA Form 5100-100 (4-76)
ASWRO (Dec/78)
o..a B.C. 04-wa
terms, and without unjust discrimination. In furtherance
the covenant (but without limiting its general applicabili
and effect), the Sponsor specifically covenants and agrees
. a. That in it, operation and the operation of all faciliti
on the Airport, neither it nor any person or organizati(
occupying spare or facilities thereon will discrimina
against any person or class of persons by reason of rae
color, creed, or national origin in the use of any of tl
facilities provided for the public on the Airport.
b. That in any agreement, contract. lease, or other a
r:nrement under which a right or privilege at the Airpo
is granted to any person, firm, or corporation to condu
or engage in any aeronautical activity for furnishir
services to the public at the Airport, the Sponsor will ii
sort and enforce provisions requiring the contractor:
(I ) to furnish said service on a fair, equal. and ni
unjustly discriminatory basis to all users thereo
and
(2) to charge fair, reasonable, and not unjustly di;
criminatory prices for each unit or service; Pro
vided. That the contractpr may be 4lowed to mak
reasonable -and -nondiscriminatory - discounts. 'n
hates, or other similar types of price reductions t
volume purchasers.
c. That it will not exercise or grant any right or pri%
ilege which would operate to prevent any person, firm a
corporation operating aircraft on the Airport from pet
forming any services on its own aircraft with its ow
employees (including, but not limited to maintenance an
repair) that it may choose to perform.
A. In the event the Sponsor itself exercises any of th
rights and privileges referred to in subsection b, the sere
ices involved will be provided on the same conditions a
would apply to the furnishing of such services by con
tractors or concessionaires of the Sponsor under the pro
visions of such subsection b.
21. Nothing contained herein shall be construed to pro
hibit the granting or exercise of an exclusive right for th,
furnishing of nonaviation products and supplies or any sere
ice of a nonaeronautical nature or to obligate the Sponsor is
furnish any particular nonaeronautical service at the Airport
22. The Sponsor will operate and maintain in a safe anc
serviceable condition the Airport and all facilities therec:r
and connected therewith which are necessary to serve the
aeronautical users of the Airport other than facilities ownec
or controlled.by the United States, and will not permit an%
activity thereon which would interfere with its use for air•
port purposes: Provided. That nothing contained hereir
shall be construed to require that the Airport be operatec
for aeronautical uses during temporary periods when snow
flood, or other climatic conditions interfere with such opera•
tion and maintenance; And Provided Further. That nothing
herein shall be construed as requiring the maintenance. re-
pair, restoration or replacement of any structure or facility
which is subrt2ntiallY damaged or de-trovrd due to an act
of Cod or other condition or circumstance heyond the con
-
trot of the Spnncnr. In furtherance of this covenant the
Sponsor will have in effect at all times arrangements for:
a. Operating the airport's aeronautical facilities when-
ever required.
b. Promptly marking and lighting hazards: resulting
'from airport conditions. including temporary condition.
and
e. Promptly notifying airmen of any condition affecting
aeronautical use of the Airport.
Pope 7
)EP,tRTM.E1(T OF TRAJgSPOrTATION - w•fECERA aVi'kTICH �Dj+tkISTRLTtON"
?3. lrs.ofar as it is within its pcer and reasonable, the
Sponsof will. either by the acquisition and retention of ease-
ments or other interests in or rights for the use of land or
airspace or by the adoption and enforcement of zoning regv-
lations, prevent the construction, erection. alteration,, or
growth of any structure, tree, or other object in the 'IF -
proach areas of the runways of the Airport, which would
constitute an obstruction tc air navigation according to the
criteria or standards prescribed in Section 77.23, as applied
to Section 77.45, Part 77 of the Federal Aviation Regula-
tions. In addition, the Sponsor will not erect or permit the
erection of any permanent structure or facility which would
interfere materially with the use, operation, or future de.
velopment of the Airport, in any portion of a runway ap.
proach area ire which the Sponsor has acquired, or hereafter
requires. property interests permitting it to so control the
use made of the surface of the land.
?l;. 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, 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 in-
cluding landing and takeoff of aircraft.
25. The Sponsor will keep up to date at all times an airport
layout plan of the Airport showing (1) the 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, taxiw•ay�.
aprons. terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport fa.
rilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon.
Such airpert layout plan and each amendment, revision, or
modification thereof, shall be subject to the approval of the
FAA. which approval shall be evidenced by the signature of
A duly authorized representative of the FAA on the face of
the airport 13yout plan. The Sponsor will not make or permit
the making of any changes or alterations in the Airport or
any of its facilities other than in conformity with theairport
layout plan as to approved by the FAA, if such changes or
alterations might adversely affect the safety, utility, or
efficiency of the Airport.
?b. All facilities of the Airport developed with Federal aid
and all those usable for the landing and taking off of air-
craft, will be available to the United States at all times, with-
out charge, for use by government aircraft in common with
other aircraft, except that if the use by government aircraft
is substantial, a reasonable 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 land-
ing as a movement and each takeoff as a movement) of
government aircraft is 300 or more, or the gross accumu-
lative weight of government aircraft using the Airport
(the total movement% of eovernment aircraft multiplied 1
gross certified weights of such aircraft) is in excess
five million pounds.
27. Whenever so requested by the FAA, the Sponsor w
furnish without cost to the Federal Government, for co
struction, operation, and maintenance of facilities for a
traffic control activities, or weather reporting artivities :f
communication activities related to air traffic control, Sul
areas of land or water, or estate therein, or rights in buil
ings of the Sponsor as the FAA may consider necessary
desirable for construction at Federal expense of space or f
cilities for such purposes. The approximate amounts of are,
and the nature of the property interests and:or rights
required will be set forth in the Grant Agreement relatir
to the Project. Such areas or any portion thereof will 1
made available as provided herein within 4 months aft,
receipt of written request from the FAA.
28- The airport operator or owner will maintain a fee at
rental structure for the facilities and services being provide
the airport users which will make the Airport as self-sustai.
ing as possible under the circumstances existing at the Ai
port, taking into account such factors as the volume of trafl
and economy of collection.
29: 'The7Spotisor will furnish the -FAA Ivrith-=such annu
or special airport financial and operational reports as m:
be reasonably requested. Such reports may be submitted (
forms furnished by the FAA, or may be submitted in sut
manner as the Sponsor elects so long as the essential dai
are furnished. The Airport and all airport records and docs
ments affecting the Airport, including deeds, leases, operatic
and use agreements. regulations, and other instruments, wi
be made available for inspection and audit by the Secreta%
and the Comptroller General of the United States, or the
duly .authorized representatives, upon reasonable reques
The Sponsor will furnish to the FAA or to the General A,
counting Office, upon request, a true copy of any suc
document.
30. All project accounts and records will be kept in a,
cordance with a standard system of accounting if so pr
scribed by the Secretary.
3l. If at any time it is determined by the FAA that thea
is any outstanding right or claim of right in or to the Airpoi
property, other than those set forth in Part II, paragrap}
(a),4 (b), and 4(c), the existence of w•hiA creates an ur
due risk of interference with the operation of the Airport c
the performance of the covenants of this Part, the Sponsc
will acquire, extinguish, or modify such right or claim c
right in a manner acceptable to the FAA.
32. The Sponsor will not enter into any transaction whic
would operate to deprive it of any of the rights and power
necessary to perform any or all of the 'covenants mad
herein, unless by such transaction the obligation to perforf
all such covenants is assumed by another public agency fours
by the FAA to be eligible under the Act and Regulations t
assume such obligations and having the power. authority
and financial resources to carry out all such obligations. 1
an arrangement is made for management or operation o
the Airport by any agency or person other than the Sponso
or an employee of the Sponsor, the Sponsor will resery
sufficient rights and authority to insure that the Airport wi
be operated and maintained in accordance with the Act, th
Regulations, and these covenants.
33. Unless the context otherwise requires, all terms use
in these covenants which are defined in the Act and th
Regulations shall have the meanings assigned to them therein
34. The sponsor will provide for an index
dent audit of this grant project to be made in accordance with the audit requirements
Attachment P of Office of Management and Budget Circular A-102, and will sub[nit the fi
audit report to the FAA with the request for final payment under the grant.
=AA Form 5100-100 t4 -7s► (ASti"RO 1/80) Pcge
11 -1.]C ---al v I a t3' on� -.in, str
35.' The.sponsor will con3uct its programs and operate its facilities
in act=dance with the requirements of S3ction 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and will assure that
no qualified hwOicaFpe3 person shall, solely by reason of his
or her handicap be excluded from participation in, be denied
the benefits of, or of x- w se be subjected to discrimination,
including discrimimtion in employment, under any program or
activity that receives funds or benefits from this grant. 'The
sponsor further assures that its programs will be eoMucted
and its facilities operated, in ompliance with all the requirements
imposed by or pursuant to 4 9 CFR Part 27.
36. (a) The grantee assures that it will undertake an affix native
action -program, as required by 14 CFR Part 152, Subpart E, to
ensure that no person shall, on the grounds of race, creed,
color, national origin, or seat, be excluded fran participating in
any employment, contracting, or leasing activities covered in 14
_ CFR Part 152, Subpart E... The grantee assures. that no. person shall
be7 excluded,' on these grounds, 'from participatinj" in or receiving
the services or benefits of any program or activity covered by
this subpart. Tire grantee assures that it will require that its
covered organizations provide assurances to the grantee that they
similarly will undertake affirmative action programs and that they
will require assurances from their suborganizations, as required
ly 14 CFR Part 152, Subpart E, to the same effect.
(b) The grantee agrees to comply with any affirmative action plan
or steps for equal enrolcyment opportunity required by 14 CFR Part
152, Smart E, as part of the affirmative action program, or by any
Federal, State, or local agency or court, including those resulting
fran a conciliation agreement, a consent decree, court order, or
similar mechanism. Zhe grantee 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
meet the standards set forth in 14 CFR 152.409. The grantee agrees
to obtain a similar assurance from its covered organizations, and to
cause then to require a similar assurance of their covered
suborganizations, as required by 14 CFR Part 152, &23p rt E.
M Foam 5100--100 SW SIP (3/80) Page 9
Page 1 of 2 Pages
SPONSOR ASSURANCE
The City of Lubbock, Texas, (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 seg.) and all require-
ments 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 $%neral assurance,. the Sponsor agrees concerning
Project No. 6-48-0138-16 (hei einafter referred t0 as the
Project) that:
w
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 Lubbock. Texas , in accordance with Title VI of the Civil
Rights Act of 1964 (42 U.S. C. 2000d et seg.) 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 discrimina-
ted against on the grounds of race, color, or national origin in consi-
deration 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.
S. Where Federal financial assistance is in the form or for the acquisi-
tion of real property or an interest in real property, the assurance shall
extend to rights to space on, over, or under such property.
r
Page 2 of 2 Pages
•
�- 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,
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.
7. This assurance obligates the Sponsor for the period during which
Federal financial assistance is extended to the program, except where the
Federal financial assistance is to provide, or is in the form of personal
property or real property or interest therein or structures or improvements
thereon, in which case the assurance obligates the sponsor or any transferee
for the longer,of the -following _periods:.._(a) the period during 7hich the
property is used for a purpose for which Federal, financial assistance is
extended,
extended, or for another purpose involving the provision of similar services
or benefits or (b) the period during which the Sponsor retains ownership or
possession of the property.
8. It will provide for such methods of administration for the program
as 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, succes-
sors 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 enforce-
ment with regard to any matter arising under the Act, the Regulations,
and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtain-
ing Federal financial assistance for this Project and is binding on its con-
tractors, the sponsor, subcontractors, transferees, successors in interest
and other participants in the Project. The person or persons whose signa-
tures appear below are authorized to sign this assurance on behalf of the
Sponsor.
DATED July 31, 1981
The City of Lubbock, Texas
(Sponsor)
Attachments 1 and 2 By
(Signature of Authorized ficial)
ATTAC'? -1ENT 1
Page 1 of 2 Pages
During the pe:fc:;.,ance of this contract, the contractor, for itself, its
assignees and successors in interest (hereinafter referred to as the
"contractor") agrees as follows:
1. Comoliance with Reoulations. 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,Ancluding procurements of materials and leases of equipment. The
contractor shall not' participate either directly or indirectly ins tbe.• '
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 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
on-
sactor'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 acrd 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--
* E_
Paee 2 of 2 Pages
} a. ofP �a-yments to the contractor under the contract
until the contractor c ---plies, 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 supplie
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.
,T
I
SPONSOR ASSURANCE TO ACCa-TANY PROJECT APPLICATION DATED July 31, 1981,
' FOR A GLU9 OF FUNDS FOR THE DEVELOFe Wi�T Oft. IKPRCNE?'.EliT OF THE
Lubbock International Airport AIRPMT
22aration of Licbts Installed under Federally-nesisted P'rogrxmz
of the FAA. In order to furnish the agturtncas required by Part 152
of the Federal Aviation Regulations as &=cmded,the City of
Lubbock, Texas (hereinafter called the
"Sponsor") 'hereby covenants and agrees with the United :Mates
(hereinafter 'called -the "Government",) 66 �fotlovs:•
The Sponsor in. -the operation and use of the Lubbock
International Airport, acknowledges its awareness of the cost
of operating and maintaining airport lighting and agrees to operate
the airport lighting installed (or to be installed under this project)
throughout each night of the year.
Noncompliance with the above assurances shall constitute a
material breach, and in the event of such noncompliance the Government
may take appropriate action to enforce compliance, may terminate the
Grant Agreement to which this covenant relates, or seek judicial
enforcement.
July 31, 1981
(Date)
11
City of Lubbock, Texas
(Name of Sponsor)