1996-120-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 15TH DAY OF JULY 1996
RESOLUTION NO.
96-120
WHEREAS, the City Council of the City of Paris did heretofore, on the 15th day of
July, 1996, in Resolution No. 96-076. authorize an application (0 be made to the Texas
Department of Transportation for a Federally Assisted Airport Development Grant; and,
WHEREAS, the Texas Department of Transportation has issued its Grant Offer for
TxDOT Project Number AP PARIS 5, TxDOT CSJ No. 9701 PARIS, and the Airport Project
Participation Agreement, TxDOT Contract No. 7XXFA020, for Cox Field Airport
Improvements in the total amount of $2,400,000.00, with $2,160,000.00 to be provided by grant
and $240,000.00 to be provided by the City of Paris in the form of local contribution; and,
WHEREAS, acceptance of the same must occur within thirty (30) days of the receipt of
said award which occurred on October 14, 1996; and,
WHEREAS, it is deemed to be in the best interests of the citizens of Paris that the City
of Paris accept said Grant Award by executing thc Texas Department of Transportation Airport
Project Participation Agreement and continue to improve Cox Field Airport with the
reconstruction (1500 feet x 150 feet) and rehabilitation (6000 feet x 150 feet) of Runway 17-35;
striping and marking (48,000 square feet) of Runway 17-35; rehabilitation (3900 feet x 50 feet)
of Taxiway A; rehabilitation (430 feet x 50 feet) of Taxiway B; replacement of medium intensity
runway lights (6000 linear feet) on Runway 17-35; sealing portland cement concrete joints and
mark apron (320 feet x 900 feet); installing 24 aircraft tiedowns; drainage improvements;
installing erosion sedimentation controls; and updating Airport Layout Plans and Exhibit" A";
NOW, THEREFORE,
.
BE IT RESOLVED BY THE CITY COUNCIL OJ<' THE CITY 01<' PARIS, that the
Federally Assisted Airport Development Grant in the total amount of $2,400,000.00, with
$2,160,000.00 to be provided by grant and $240,000.00 to be provided by the City of Paris in
the form of local contribution, for the reconstruction (1500 feet x 150 feet) and rehabilitation
(6000 feet x 150 feet) of Runway 17-35; striping and marking (48,000 square feet) of Runway
17-35; rehabilitation (3900 feet x 50 feet) of Taxiway A; rehabilitation (430 feet x 50 feet) of
Taxiway B; replacement of medium intensity runway lights (6000 linear feet) on Runway 17-35;
sealing portland cement concrete joints and mark apron (320 feet x 900 feet); installing 24
aircraft tiedowns; drainage improvements; installing erosion sedimentation controls; and updating
Airport Layout Plans and Exhibit" A" be, and the same is hereby, accepted; and,
BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael
E. Malone, be, and he is hereby, authorized and directed to execute, on behalf of the City of
Paris, the Texas Department of Transportation Airport Project Participation Agreement, TxDOT
Contract No. 7XXFA020, TxDOT Project No. AP PARIS 5, TxDOT CSJ No. 970IPARIS, in
the form shown in Exhibit A, attached hereto.
PASSED AND ADOPTED this 7th day of Novemb
ATTEST:
."
~
Mattie Cunningham, City Clerk
APPROVED A TO FORM:
/~
"--1. K. Haynes, City Attorney
"
~
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT Contract No.:
TxDOT project No.:
TxDOT CSJ No.:
7XXFA020
AP PARIS 5
9701PARIS
Part I - Identification of the project
TO:
The city of Paris, Texas
FROM: The State of Texas, acting through the Texas Department
of Transportation
This Agreement is made and entered into by and between the
TEXAS DEPARTMENT OF TRANSPORTATION , (hereinafter referred to as
the "state"), for and on behalf of the State of Texas, and the city
of Paris, Texas, (hereinafter referred to as the "Sponsor").
WITNESSETH:
WHEREAS, the Sponsor desires to sponsor a project for the
development of a public aviation facility, known or to be
designated, as the AIRPORT under the Airport and Airway Improvement
Act of 19182, as repealed and recodified Title 49 United States
Code, section 47101 et seq., (hereinafter referred to as the
"AlP"), and Rules, Regulations and Procedures promulgated pursuant
thereto; and under V.T.C.A. Transportation Code, Title 3, Chapters
21-25, et seq. (vernon and Vernon Supp); and
WHEREAS, the project is described as follows: reconstruct and
rehabilitate Runway 17-35; stripe and mark Runway 17-35;
rehabilitate Taxiway A; rehabilitate Taxiway B; replace medium
intensity runway lights for Runway 17-35; seal PCC joints and mark
apron; install precision approach path indicator for Runway 17;
install aircraft tiedowns; drainage improvements; prepare Airport
Layout Plan and Exhibit "A"; install erosion/sedimentation controls
and associated appurtenances at Cox Field; and
WHEREAS, the Sponsor hereby applies for federal financial
assistance and desires the State to act as the sponsor's agent in
matters connected with the project described above; and
WHEREAS, the parties hereto, by this Agreement, do hereby fix
their respective responsibilities, with reference to each other,
with reference to the accomplishment of said project and with
reference to the United States.
Page 1 of 14
EXHIBIT A
"
,.
NOW, THEREFORE, for and in consideration of the benefits which
will accrue to the parties hereto by virtue of the completion of
the project, IT IS MUTUALLY COVENANTED AND AGREED as follows:
Part II - Offer of Financial Assistance
1. The allowable costs of the project shall not include any costs
determined by the State to be ineligible for consideration as
to allowability under the AlP, the V.T.C.A. Transportation
Code, Chapters 21-22, et seq., (Vernon and Vernon Supp), and
the Airport Zoning Act, Tex. Loc. Govt. Code Ann. 55 241.001
et seq. (Vernon and Vernon Supp).
2. It is estimated that the total project cost will be
approximately $2,400,000.00(Amount A). It is further
estimated that approximately $2,400,000.00(Amount B) of the
project costs will be eligible for federal financial
assistance, and that federal financial assistance will be for
ninety percent (90%) of the eligible project costs. For
construction projects, the maximum obligation of the United
States payable under this offer shall be determined after the
receipt of construction bids, and an amendment will be made to
this ,agreement to incorporate the maximum federal financial
assiatance.
3. It is estimated that the Sponsor's share of the total project
costs will be $240,000.00(Amount C). The Sponsor specifically
agrees that it shall pay any project costs which exceed the
sum of the federal share (90 percent of Amount B).
It is further agreed that the Sponsor will reimburse the State
for any payment or payments made hereunder by the State which
are in excess of the Federal's percentage of firiancial
participation as heretofore stated in Paragraph II~2. The
State shall refund to the Sponsor, at the financial closure of
the project, any excess funds provided by the Sponsor.
4. Should actual project costs exceed the amount shown above
(Amount A), the State may, at the request of the Sponsor,
participate in additional eligible costs to the extent of the
aforesaid appropriate percentages and subject to the
availability of funds. Participation in additional eligible
costs may require approval by the Texas Transportation
Commission. The State will not authorize expenditures in
excess of the dollar amounts identified in this Agreement and
any amendments thereto, without the consent of the Sponsor.
Page 2 of 14
"
Payment of the United states share of the allowable project
costs will be made pursuant to and in accordance with the
provisions of such regulations and procedures as the state and
the Federal Aviation Administration, hereinafter referred to
as the "FAA", shall prescribe. Final determination of the
United states share will be based upon the final audit of the
total amount of allowable project costs and settlement will be
made for any upward or downward adjustments to the Federal
share of costs.
5. Should estimated total project costs as determined following
the receipt of construction bids for the project, exceed the
amount shown above (Amount A), the Sponsor may request the
State to void this Agreement, whereupon the State shall agree
to void this Agreement upon the satisfaction of the following
conditions:
a. the Sponsor's request to the state to void the Agreement
shall be in writing and dated; and
b. if required by the State, the Sponsor shall reimburse the
State for funds expended on this project and Sponsor
shall assume the responsibility for any future expenses
for contracted services or materials related to the
project for which a contract had been executed prior to
the Sponsor's request to void the Agreement. Sponsor
,funds held by the state may be retained until this
4requirement is satisfied; and
c. failure on the part of the Sponsor to comply with the
conditions of this paragraph shall constitute a breach of
this Agreement.
6. Upon satisfaction of the conditions specified in Paragraph
II-5 above, the state shall declare this Agreement null and
void, and this Agreement shall have. no force and effect,
except that unexpended or unencumbered monies actually
deposited by the Sponsor and held with the State for project
purposes shall be returned to the Sponsor within a reasonable
time.
7. Sponsor's share of project costs may be in cash, in kind, or
a combination of both, provided however, that the Sponsor's
share (Amount C) shall be paid initially in cash if requested
by the State. At project closeout, Sponsor will be credited
with both cash payments made under this paragraph and the
value of in kind contributions, and reimbursed for any
credited amounts that exceed Sponsor's share.
The value of all in kind contributions made
property interests, small miscellaneous
expenses approved by the State and claimed
to the
costs
by the
project of
and other
Sponsor as
Page 3 of 14
,.
project costs for the purposes of determining the Sponsor's
share of total project costs (Amount C), shall be determined
according to federal and state rules, regulations, orders,
procedures, advisory circulars or any other directives.
8. Sponsor, by executing this Agreement certifies and, upon
request, shall furnish proof to the State that it has
sufficient funds to meet its share of the costs as heretofore
stated. The Sponsor hereby grants to the state and federal
government the right to audit any books and records of the
Sponsor to verify said funds. In addition, the Sponsor shall
disclose the source of all funds for the project and its
ability to finance and operate the project.
Upon execution of this Agreement and written demand by the
State, the Sponsor's financial obligation (Amount C) shall be
due and payable in full to the State. State may request the
Sponsor's financial obligation in partial payments. Should
the Sponsor fail to pay said obligation, either in whole or in
part, within 30 days of written demand, the State may exercise
its rights under Paragraph 111-9 hereof. Likewise, should the
State be unwilling or unable to pay its obligation in a timely
manner, the failure to pay shall be considered a breach and
the Sponsor may exercise any rights and remedies it has at law
or equity.
Expenditures for eligible project costs for the above project
made. by the state or the Sponsor prior to the award of a
federal grant for said project, and prior to actual receipt of
the authority to expend federal grant funds, shall be made
from Sponsor funds.
9. In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Airport Assurances
(1-95), attached hereto and made a part of this
Agreement, references to project application in these
assurances shall mean the same as Airport. Project
Participation Agreement; and
b. it will, in the operation of the facility, comply with
all applicable state and federal laws, rules,
regulations, procedures, covenants and assurances
required by the State of Texas or the FAA in connection
with the federal grant; and
c. the Airport or navigational facility which is the subject
of this Agreement shall be controlled for a period of at
least 20 years, and improvements made or acquired under
this project shall be operated, repaired and maintained
in a safe and serviceable manner for the useful life of
said improvements, not to exceed 20 years; and
Page 4 of 14
"
..
d. consistent with safety and security requirements, it
shall make the airport or air navigational facility
available to all types, kinds and classes of aeronautical
use without discrimination between such types, kinds and
classes and shall provide adequate public access during
the term of this Agreement; and
e. it shall not grant or permit anyone to exercise an
exclusive right for the conduct of aeronautical activity
on or about an airport landing area. Aeronautical
activities include, but are not limited to scheduled
airline flights, charter flights, flight instruction,
aircraft sales, rental and repair, sale of aviation
petroleum products and aerial applications. The landing
area consists of runways or landing strips, taxiways,
parking aprons, roads, airport lighting and navigational
aids; and
f. it shall not permit non-aeronautical use of airport
facilities without prior approval of the State; and
g. it shall not enter into any agreement nor permit any
aircraft to gain direct ground access to the Sponsor's
airport from private property adjacent to or in the
immediate area of the airport. Further, Sponsor shall
not allow aircraft direct ground access to private
,property. Sponsor shall be subject to this prohibition,
.conunonly known as a "through-the-fence operation," unless
an exception is granted in writing by the State due to
extreme circumstances; and
h. it will acquire all property interests identified as
needed for the purposes of this project and comply with
all applicable ,state and federal laws, rules,
regulations, procedures, covenants and assurances
required by the State of Texas or the FAA in connection
with the federal grant in the acquisition or such
property interests; and that airport property identified
within the scope of this project and Attorney's
Certificate of Airport Property Interests shall be
pledged to airport use and shall not be removed from such
use without prior written approval of the State; and
i. the Sponsor shall submit to the State annual statements
of airport revenues and expenses; and
j. all fees collected for the use of an airport or
navigational facility constructed with funds provided
under the program shall be reasonable and
nondiscriminatory. The proceeds of such fees shall be
used solely for the development, operation and
maintenance of the airport or navigational facility.
Page 5 of 14
"
Sponsor shall not be required to pledge income received
from the mineral estate to airport use unless state
and/or federal funds were used to acquire the mineral
estate of airport lands or any interests therein; and
k. an Airport Fund shall be established by resolution, order
or ordinance in the treasury of the Sponsor, or evidence
of the prior creation of an existing airport fund or a
properly executed copy of the resolution, order, or
ordinance creating such a fund shall be submitted to the
State. All fees, charges, rents, and money from any
source derived from airport operations must be deposited
in said Airport Fund and shall not be diverted to the
general revenue fund or any other revenue fund of the
Sponsor. All expenditures from the Airport Fund shall be
solely for airport purposes. Sponsor shall be ineligible
for a subsequent grant or loan by the state unless, prior
to such subsequent approval of a grant or loan, Sponsor
has complied with the requirements of this subparagraph;
and
1. all development of an airport constructed with program
funds shall be consistent with the Airport Layout Plan
approved by the state and maintained by the Sponsor. A
reproducible copy of . such plan, and all subsequent
modifications thereto, shall be filed with the State for
,approval; and
4
m. following completion of the project where airport
lighting is part of a project, the Sponsor shall operate
such lighting from sunset to sunrise, either manually or
by radio control; and
n. insofar as it is reasonable and within its power, Sponsor
shall adopt and enforce zoning regulations to restrict
the height of structures and use of land adjacent to or
in the immediate vicinity of the'airport to heights and
activities compatible with normal airport operations as
provided in Tex. Loc. Govt. Code Ann. SS 241.001 et seq.
(Vernon and Vernon Supp.). Sponsor shall also acquire
and retain avigation easements or other property
interests in or rights to use of land or airspace, unless
sponsor can show that acquisition and retention of such
interests will be impractical or will result in undue
hardship to Sponsor. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless Sponsor has,
prior to such subsequent approval of a grant or loan,
adopted and passed an airport hazard zoning ordinance or
order approved by the State; and
o. it will provide upon request to the State, the
engineering or planning consultant, and the FAA copies of
Page 6 of 14
"
,.
any maps, plans, or reports of the project site,
applicable to or affecting the above project; and
p. after reasonable notice, it will permit the state, the
FAA, and any consultants and contractors associated with
this project, access to the project site, and will obtain
permission for the state, the FAA, and consultants and
contractors associated with this project, to enter
private property for purposes related to this project;
and
q. it shall take all steps, including litigation if
necessary, to recover funds spent fraudulently,
wastefully, or in violation of Federal antitrust
statutes, or misused in any other manner in any project
upon which Federal and state funds have been expended.
For the purposes of this grant agreement, the term
"funds" means funds, however used or disbursed by the
sponsor or Agent that were originally paid pursuant to
this or any other grant agreement. It shall obtain the
approval of the state as to any determination of the
amount of such funds. It shall return the recovered
share, including funds recovered by settlement, order or
judgement, to the state. It shall furnish to the state,
upon request, all documents and records pertaining to the
determination of the amount of the funds or to any
,settlement, litigation, negotiation, or other efforts
.taken to recover such funds. All settlements or other
final positions of the Sponsor, in court or otherwise,
involving the recovery of such funds shall be approved in
advance by the State; and
r. it will not, unless otherwise approved by the state,
acquire or permit any contractor or subcontractor to
acquire any steel or manufactured products produced
outside the united states to be used for any project for
airport development or noise compatibility for which
funds are provided under this grant. The Sponsor will
include in every contract a provision implementing this
special condition.
10. The Sponsor hereby certifies to the state that it will have
acquired clear title in fee simple to all property upon which
construction work is to be performed, or have acquired a
leasehold on such property for a term of not less than 20
years, prior to the advertisement for bids for such
construction or procurement of facilities that are part of the
above project, and within the timeframe of the project, a
sufficient interest (easement or otherwise) in any other
property which may be affected by the project.
Page 7 of 14
11. The sponsor's acceptance of this Offer and ratification and
adoption of the Agreement incorporated herein shall be
evidenced by execution of this instrument by the Sponsor, as
hereinafter provided, and said Agreement shall comprise a
contract, constituting the obligations and rights of the State
of Texas and the Sponsor with respect to the accomplishment of
the project and the operation and maintenance of the airport.
Such Agreement shall become effective upon execution of this
instrument and shall remain in full force and effect for a
period of at least 20 years.
12. The Sponsor shall have on file with the State a current and
approved Attorney's certificate of Airport Property Interests
and Exhibit A property map.
13. The Sponsor shall have on file with the State a Certification
Regarding Drug-Free Workplace Requirements.
14. The Sponsor shall have on file with the State a certification
Regarding Pavement Preventative Maintenance.
Part III - Nomination of the Agent
1. The Sponsor hereby designates the State as the party to apply
for, receive and disburse all funds used, or to be used, in
payment of the costs of said project, or in reimbursement to
either of the parties hereto for costs incurred.
2. In the event that federal funds are unavailable, this
Agreement shall automatically be voided and become of no force
and effect, except that unexpended or unencumbered monies
actually deposited by the Sponsor and held with the State for
project purposes shall be returned to'the Sponsor.
3. The Sponsor and not the State shall, for all purposes, be the
"Sponsor" of the project identified above as defined in the
AlP. However, the State agrees to assume the responsibility
to assure that all aspects of the grant and project are done
in compliance with all applicable state and federal
requirements including any statutes, rules, regulations,
assurances, procedures or any other directives, except as
otherwise specifically provided herein. Sponsor agrees to
assume responsibility for operation of the facility in
compliance with all applicable state and federal requirements
including any statutes, rules, regulations, assurances,
procedures or any other directives before, during and after
the completion of this project.
Page 8 of 14
4.
The state shall, for all purposes in connection with
project identified above, be the Agent of the Sponsor.
Sponsor herewith grants the State a power of attorney to
as its agent to perform the following services:
the
The
act
a. apply for, accept, receive, and deposit with the State
Treasury any and all project funds granted, allowed, and
paid or made available by the State and/or the united
States under the AlP and congressional appropriation made
pursuant thereto, and the Sponsor;
b. advertise for professional engineering and/or planning
services for, but not limited to, the preparation of
planning studies, plans and specifications for the above
project and for the management of the construction of the
above project; certify consultant selection procedures;
and provide notification of contract award for
professional services;
c. authorize the advertisement, receipt and opening of bids
for construction of the above project; and award
contracts for construction of the above project and
acquisition of materials related to it;
d. participate in pre-bid and pre-construction conferences;
and issue orders as it deems appropriate regarding
,construction progress, including but not limited to
4Notices to Proceed, stop Work Orders, and Change Orders;
e. exercise such supervision and direction of the project
work as the State reasonably finds appropriate. Where
there is an irreconcilable conflict or difference of
opinion, judgment, order or direction between the State
and the Sponsor, any engineer, contractor, or
materialman, the State shall issue a written order which
shall prevail and be controlling;
f. receive, review, approve and pay invoices and payment
requests for services and materials supplied in
accordance with State approved contracts;
g. coordinate review of project plans, specifications and
construction; coordinate and conduct progress and final
inspections;
h. review, approve and maintain record drawings;
i. obtain an audit as required by federal or state
regulations; and procure and forward to the FAA such
specific project documentation as is necessary to
complete all aspects of this project;
Page 9 of 14
j. receive, review and approve reimbursement requests for
reasonable and eligible property acquisition costs
incurred by the Sponsor, provided the required
documentation is supplied;
k.
pay to the Sponsor, from granted funds,
any approved reasonable and eligible
incurred by the Sponsor that are in
Sponsor's share;
the portion of
project costs
excess of the
1. administer Disadvantage Business Enterprises (DBE) and/or
Historically Underutilized Business (HUB) Programs in
accordance with federal and state regulations.
5. The Sponsor, and not the State or the United States, shall be
the contractual party to all construction and professional
service contracts entered into for the accomplishment of this
project. The State is hereby specifically granted power of
attorney to execute on behalf of the Sponsor any and all
construction and professional service contracts related to
this project. The power of attorney is a limited power to
perform acts in connection with airport improvements as
specified in or necessitated by this Agreement.
6. Upon entering into this Agreement, Sponsor hereby agrees to
name an individual, as the Sponsor's Authorized
Representative, who shall be the State's contact with regard
to this project, and which individual shall have the authority
to make approvals and disapprovals as required on behalf of
the Sponsor.
7. Upon entering into this Agreement, Sponsor hereby agrees to
name at least three individuals, as the Sponsor's Consultant
Selection Committee, to represent the Sponsor in the selection
of engineering and/or planning consultants; and to name a
chairperson of the selection committee; and to provide a
suitable location for pre-bid and for pre-construction
conferences, and for the submission and opening of
construction bids.
8. This Agreement is executed for the sole benefit of the
contracting parties and is not intended or executed for the
direct or incidental benefit of any third party. Furthermore,
the State shall not be a party to any other contract or
commitment which the Sponsor may enter into or assume, or have
entered into or have assumed, in regard to the above project.
9. This Agreement is subject to the applicable provisions of the
AlP, the V.T.C.A. Transportation Code, Title 3, Chapters 21-
25, et seq., (Vernon and Vernon Supp.), and the Airport Zoning
Act, Tex. Loc. Govt. Code Ann. SS 241.001 et seq. (Vernon and
Vernon Supp.). Failure to comply with the terms of this
Page 10 of 14
, "
Agreement or with the aforementioned rules and statutes shall
be considered a breach of this contract and will allow the
state to pursue the remedies for breach as stated below.
a. Of primary importance to the state is compliance with the
terms and conditions of this Agreement. If, however,
after all reasonable attempts to require compliance have
failed, the state finds that Sponsor is unwilling and/or
unable to comply with any of the terms and conditions of
this Agreement, the State may pursue any of the following
remedies: (1) require a refund of any money expended
pursuant to the Agreement herein, (2) deny sponsor's
future requests for aid, (3) request the Attorney General
to bring suit seeking reimbursement of any money expended
on the project pursuant to the Agreement herein, provided
however, these remedies shall not limit the State's
authority to enforce its rules, regulations or orders as
otherwise provided by law, (4) declare this Agreement
null and void, or (5) any other remedy available at law
or in equity.
b. Venue for resolution by a court of competent jurisdiction
of any dispute arising under the terms of this Agreement,
or for enforcement of any of the provisions of this
Agreement, is specifically set by Agreement of the
parties hereto in Travis County, Texas.
10. The .state reserves the right to amend or withdraw this
Agreement at any time prior to acceptance by the Sponsor. The
acceptance period cannot be greater than 30 days after
issuance unless extended in writing by the state.
11. This Agreement constitutes the full and total understanding of
the parties concerning their rights and responsibilities in
regard to this project and shall not be modified, amended,
rescinded or revoked unless such modification, amendment,
rescission or revocation is agreed to by both' parties in
writing and executed by both parties.
12. All commitments by the sponsor and the state hereunder are
subject to constitutional and statutory limitations and
restrictions binding upon the Sponsor and the State (including
SS 5 and 7 of article 11 of the Texas Constitution, if
applicable) and to the availability of funds which lawfully
may be applied.
13. This contract is subject to the approval as to form by the
Attorney General of the state of Texas.
Page 11 of 14
Part IV - Acceptance of the sponsor
The citv of Paris. Texas does hereby ratify and adopt all
statements, representations, warranties, covenants and agreements
constituting the described project and incorporated materials
referred to in the foregoing Agreement, and does hereby accept the
Offer, and by such acceptance agrees to all of the terms and
conditions of the Agreement thereof.
Executed this
7th
day of November
, 19 96
citv of Paris. Texas
Sponsor
witness Signature
Mattie Cunningham
City Clerk
witness Title
Signature
Michael E. Malone
City Mana~er
Title
.
Page 12 of 14
Part V - certificate of Sponsor's Attorney
I, T Il' ""yn'''' , acting as attorney
for ~Hy nf' P"TiA, P"..;.. , Texas, do hereby certify that I have
fully examined the foregoing Agreement and the proceedings taken by
said Sponsor relating thereto, and find that the manner of
acceptance and execution thereof, of the said Agreement by said
Sponsor, is in accordance with the laws of the State of Texas.
Dated at Paris,
day of November
Lamar
,
1996
Texas, this
7th
Witness Signature
Attorney's Signature
V~t-"ip. rnnning}l::llm. r.it'y r.lpT'k
Witness Title
T. K. Haynes. Citv Attornev
Title
.
Page 13 of 14
Part VI - Attorney General's Approval
This contract is approved as to form.
Attorney General of Texas
By:
Assistant Attorney General
Date:
Part VII - Acceptance of the state
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
.
By:
Date:
Page 14 of 14
ATTACHMENT A - AIRPORT AS~LlRANCES (1-~-,
PART V
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shaJl be complied with in the pertonnance of grant agreements for airport development. airport planning,
and noise comp;:ltihilily program grants t<IT airport spunsnrs.
2. These assurances are required tu be submitted as pan of the project application by sponsors requesting funds under the
provisinns of Tille 49, V.S.C., Suhtitle VII, as amenllell. As usell herein, the terlll "puhlic agency sponsor" means a
public agency with contrul of a public-use airpOlt; the tenu "private sponsor" means a private owner of a puhlic-use
airport; and the lenn "sponsor" includes hoth puhlic agency sponsors ami privMc sponsors.
3. Vpon llcceptance of the grant oft~r hy the sponsor, these assurances are iucorporated in and become pan of the gram
agreement.
B. Duration and Applicability.
1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,
conditions and assurauces of the grant agreement shall remaiu iu Ihll force anll eftcctthroughout the usefullil~ of the
facilities developed or equipment acquired for an airport development or noise compatibility program project, or
throughout the useful life of the pruject items iustalled within a tacility under a noise compatibility program project, but in
any event not to exceed twemy (20) years from the date nf acceptance of a grant otter of Federal funds for the project.
However, there shall be no limit on the dunation of the assurance against exclusive rights or the tenns, conditions and
assurances with resptct to real proptrty acquired wilh l'tderal funds. Purlhcnl1OTC, lhe. dUnllion of lht Civil Rights
assurance shall, be specirh'tl in the assurances.
.
2. Airp0l1 Development or Noise Compalibility Projects Undertaken by a Private Sponsor. The preceding paragraph I
also applies to a private sponsor except that the usditllilc of project irems installrll wirhin a t\lcility or the usefilllil~ of the
tacilities developed or equipment acquired under au airpOlt development or noise compatihility program project shall he no
less than ten (10) years frolllthe date of acceptance of Federal aid I;lr the project.
3. Airport Planning TJndertal,en by a Sponsor. Unless otherwise specitied in the grant agreement, only Assurances I, 2,
3,5,6, 13, 18,30,32,33, and 34 in Section C apply 10 planning projects. The temls, conditions, and assurances of the
grant agreement shall remain in filII tilfce and dtect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certilies, with respect to this grant that:
J. General Federal Reqnirements. II will comply with all applicahle Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they rehlle to the :lpplicntion, acceptance and Lise of Federal tunds for this project
including but not limited to the following:
Fedel"all..egislntion
a. Title 49, U.S.C.. suhtitle VII, as amended.
h. Davis-Bacon Act - 40 U .S.C. 276(a),l:Ul:q.'
c. Federal Fair Lahor Standards Act - 29 U.S.C. 201. t:Ul:ij.
d. Hatch Act - 5 V.S.C. 1501, t:Ul:ij.'
e. Vnitbrm Relocation Assistance and Real Property Acqnisition Policies Act of 1970 _ 42 V.S.C. 4601, t:Ul:ij.'2
f. National Historic Preservation Act of 1966 - Section 106 - 16 LJ.S.C. 470(1).'
g. Archeological and Historic Preservation Act of 1974 - 16 LJ.S.C. 469 through 469c.'
h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 V.S.C. 4012a.'
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i. Rehahilitall ct 01,,73 - 29 V.S.C. 794.
j. Civil Rights Act of 1964 - Title VI - 42 V.S.C. 200M thfC>ugh d-4.
k. Age Discrimination Act of 1975 - 42 V.S.C. 61OI,l:UJ:Q.
I. Architecnlfal Barriers Act of 1968 -42 V.S.C. 415I,l:Ueq.'
m. Powerplant and Industrial Fuel Vse Act of 1978 - Section 403- 2 V.S.C. 8373.'
n. Contract Work Hours and Safety Standards Act - 40 V.S.C. 327,l:UI:lj.'
o. Copeland AllIikickback Act- 18 V.S.c. 874.'
p. National Environmental Policy Act of 1969 - 42 V.S.C. 4321,l:UI:lj.'
q. Endangered Species Act- 16 V.S.C. 66&(a). eUeQ.!
r. Single Audit Act of 1984 - 31 lJ.S.C. 7501, 'lJieq.'
s. Dmg-Free Workplace Act of 1988 - 41 V.S.C. 71l21hrough 706.
Executive Orders
Executive Order 12372 - Tntergovennnental Review of Federal Pnlgrams.
Executive Order 11246 - Equal Employmeut Opportunity'
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Buildiug Constmction'
Federal ReguL.tions
3. 49 CFR Part t 8 - Uniform administrative ret)uirements for grants and cooperative :'greements to stme and local
governments.:!
b. 49 CPR Pan 21 - NOlldiscrilllimltioll ill 'cllcfillly-assislcd prngnlllls of jhc Dcparlllu:nl of TrilllSporlafion _ clTcl:llliltiou
of Tille VIol' the Civil Rights Act of 1964.
c. 49 CFR Part 23 - Participatiou by miuority business elllerprise in Departmelll of Transportation programs.
d. 49 CFR Part 24 - Vnitill1n relocation assislance and real property acquisition lilr Federal and federally assisted
programs. 1 2
e. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from
Federal financial assistance.'
f. 49 CFR Pan 29 - Government-wide debannent and suspension (non-proeurement) and Govenunent-wide requirements
for drug-free workp~ce (grants,.
g. 49 CFR Part 30 - Denial of public works coutracts to supplicrs of goods aud services of countries that deny
procuremeut market access to U.S. coutractors.
h. 29 CFR Part I - Procedures lilf predetennination of wage rates.'
i. 29 CFR Part 3 - Contractors aud subcontractors on public building or public work lin.1J1Ced in whole or part by
loaus or grants from the Vnited States.'
j. 29 CFR Part 5 - Labor standards provisions applicable to coutracts covering federally linanced aud assisted
construction (also Jilbor standards provisions applk.ible to l1onconstmction contracts subject to the Contract Work Hours and
Safety Standards Act).'
k. 41 CFR Part 60 - Omce of Federal Contract CnmpIiance Programs, Equal Employment Opportunity. Depal1menl of
Lab()r (F~deral ilnd fe(lerally clssisled l.:(lntrlIClillg rcquirclllcIIIS).1
I. 14 CFR Part 150 - Airport noise compatibility planning.
m, 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.'
n. 49 CFR Part 20 - New restrictions on lobbying.
Office or Managemenl and Bndgel Circnlars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b A-128 - Audits of State and Local Governments.
, These laws do not apply to airpnrt planning sponsors.
2 These laws do not apply tJl private sponsors.
l 49 CFR Part 18 and OMB Circular A-87 cnntain requirements for State 'lIld Local Govemments receiving Federal
assistance. AllY requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to
private sponsors receiving Federal assistance under the Airport and Ainvay Improvement Act of 1982, as amended.
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Specific asslll.. _os requ,red to he included in grant agreements hy any of the ahove laws, regnlations or circulars are
incorporated hy reterence in the grant agreement.
2. Responsibility and Autbority of tbe Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and to Iinance and carry out the proposed project;
that a resolution, motion or similar action has heen duly adopted or passed as an oflicial act of the applicant's goveming body
authorizing the tiling of the application, including ;111 understandings and assurances contained therein, ;md directing and
authorizing the person identified as the otlicial representative of the Hpplicant to act in connection with the application amI to
provide such additional infonnation as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to tiuance and carry out the proposed project and
comply with all tenns, conditions, and assurances of this grim! ngreement. It shall designate an official representative ;:and shall
in writing direct ,mu authorize that persolllo tile lhis applkillion, illl:luding all uII(ICrstalldill!~s ;:lIlt! assurances cOllf:lined therein;
to act in connection with this application; and to provide such additional infonnation as may be required.
3. Sponsor Fuud Avaih,bility. It has sufticient timds available lilr that portion of the project costs which are not to be paid
by the United States. It has snfticient filllds availahle to assure operation and mainten,1nce of items fimdednnder the grant
agreement which it will own or control.
4. Good Tille.
a. It holds good title, satisfilctory to the Secretary, to the landing area of the airpOlt or site thereof, or will give assurance
satisfactory to the Secretary that good title will he acquired.
h. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title
satistactory to the Secretary to that portion of the property upon which Federal filllds will he expended or will give assurance to
the Secretary that good title will he obtained.
S. Preserving Rights and Powers.
.
a. It will not take Of permit tiny action whidl would operate 10 deprive it of any of Ihe rights iUu.1 powers necessilry to
perform any or all of the tenns, conditions, and assurances in the grant agreement without the written approval of the Secretary,
and will act promptly to acqnire, extinguish or modity any outstanding rights or claims of right of others which would intertere
with such perlilrmance hy the sponsor. This shall he done in a manuer acceptahle to the Secretary.
h. It will not sell, le;lse, encumber, or otherwise transter or dispose of any part of its title or other interests in the
property shown on Exhihit A to this application or, li,I' a noise colllpatihility program project, that portion of the property upon
which Federal timds have heen expended, lilr the duration of Ihe terms, conditillns, and assurances in the grant agreement
without approval hy the Secretary. If the transteree is tilLlnd hy the Secretary to he eligihle under the Airport and Airway
Improvement Act of 1982 to assume the obligations of the grant agreement ami to have the power, authority, and financial
resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the
sponsor's interest, and milke binding upon the transferee all of the terms, conditions, amI assurances contilined in this grant
agreement.
c. For all noise compatibility program projects which (lfe to he c;lniect out by another unit of local govenunent or are 011
property owned by a unit of local govemmem other than the sponsor, it will enter into an agreement with that govemment.
Except as otherwise specified by the Secretary, that agreement shall obligate that govenunent to the same terms, conditions, and
assurances that would be applicahle to it if it applied directly to the FAA til[ a grant to nndertake the noise compatihility
program project. That agreement :lIld changes Ihereto mllst he salisl:lclory to the Secretary. II will take steps to enforce lhis
agreement against the local government if there is substantialnon-colllpli:lllce with the tenns of the agreement.
d. For noise compatibility program projects to be carried Ollt on privately owned property, it will enter into an agreement
with the owner of that property which includes provisions specilied hy the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is snbstantial non-compliance with the terms of the agreement.
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e. If the spOl!),ur is a private sponsor, it will take steps satislilctory to the Secretary to ensure that the airport will continue
to function as il puhlic-use airport in OIcconhlllce with these ilSSUrillU.:es for the duration of these assuram:es.
f. If an arrangement is made tllr management and operation of the airport hy any agency or person other than the sponsor
or an employee of the sponsor, the sponsor will reserve sufticient rights and authority to insure that the airport will be operated
and maintained in accordance with the Airport and Airway Improvement Act of 1982. the reb'ulations and the tenus, conditions
and assurances in the grant agreement and shall insure tiltH such tlrrangement also requires compliance therewith.
6. Consistency with Lac..1 PL.IlS. The project is reasonahly consistent with plans (existing at the time of suhmission of Ihis
application) of puhlic agencies that are authorized hy the State in which the project is located tu plan for the development
of the area surrounding the airport. For noise compatihility program projects, other tlum land acquisition, to he carried
out on property not owned hy the airport and over which property mlllther agency has land use control or authority, the
sponsor slmll obtain from each such agency a written declaration that such agency supports that project amI the project is
reasonahly cnnsistent with the agency's plans regarding Ihe property.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the
project may he located.
8. Consultation with Users. In OIJlking a decision to undertake any airport development project under the Airport and
Airway Improvement Act of 1982, il has undertaken reasonahle consultations with alfected parties using the airport at
which project is proposed.
9. Pnblic Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has
alforded the opportnnity for puhlic hearings tor the purpnse of cousidering the economic. social, and environmental effects
of the airport or runway location and its consistency with goals and ohjectives of such planning as has heen carried out by
the community and it shall, when requested hy the Secretary, submit a copy of the transcript of such hearings to the
Secretary. Further, for such projects, it has on its management hoard either voting representation from the communities
where the project is located or has advised the communities that they have the right to petition the Secretilry conceming a
proposed proj~ct.
to. Air and Watet Qnality Standards. In projects involving ailport location, a major runway extension, or mnway location
it will provide for the Govemor of the state in which the project is located 10 certify in writing to the Secretary that the
project will he located, designed, constmctt'd, illld operated so ilS to comply with applicable air ilnd water quality
standards. In any case where snch standards have not heen approved and where applicahle air and water quality standards
have heen promulgated hy the Administrator of the Environmental Protectiou Agency, certilication shall he ohtained from
such Administrator. Notice of cetlilication or reftlsaltu certify shall he provided within sixty days after the project
application has heen received hy the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January I, 1995, lor the replacement or
reconstruction of pavement at the airport, it assures or cerlities lIult it has implemented an elfective airport pavement
maintenance-management program and it assures that it will use such program for the useful life of any pavement
constmcted, reconstructed or repaired with Federal linancial assistance at the airport. It will provide such reports on
pavement condition and pavement num:lgement programs as the Sccretmy determines may be usefill.
12. Termina.1 Development I'rerequisites. For prnjects which include temlinal development at a public airport, it has, on the
(hite of submittal of the project grelnt applic.ltion, all the sufety equipment required fllr certification of such airport under
Section 612 of the Federal Aviation Act of 1958 and all the security equipment required hy rule or regulatiou, and has
provided for ,Iccess to the passenger enplaning and deplaning area of such Hirport to passengers enplaning and deplaning
from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Rcconlli.cepiug I{ctjuil'cmenls.
a. It shall keep all project accounts and records which ft.lly disclose the amonnt and disposition by the recipietll of the
proceeds of the graot, the total cost of the project in conoection with which the grant is given or used, and the amount or nature
of that portion of the cost of the project supplied by other sources, and such other limmcial records pertinent 10 the project. The
accounts and records slutll he kept io accordance with an accounting system that will I"cilitate an effeclive audit io accordance
Airport Assurances (1-95) Page 4 of 12
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with Ihe Single AnD.. rtCI of 1984.
b. II shall make available to the Secretary and the Comptroller General of the United States, or any of Iheir duly
authorized represent:lfives, for the purpose of audit and examination, any hooks, documents, p:'pers. and records of the
recipient that are pertinent to the grant. The Secretary may require nUll an appropriate audit be conducted by a recipient. In
any case in which an independenl audit is made of the accounts of:l sponsor rel:lting 10 the disposition of the proceeds of a grant
or relating to the project in connection with which Ihe grant W:lS given or used, it slmll tile a certified copy of such audit with
the Comptroller Gener:ll of the United St:ltes nOllater th:ln six (6) months lollowing the close of Ihe liscal year for which the
audit was made.
14. Minimum Wage Rales. It sh:lll include, in all contracts in excess nf $2,000 li,r work on any projects fimded under the
granl :lgreement which involve labor, provisions eSl:lblishing minimum rates of wages, to be predetennined by the
Secretary of L:lbor, in accordance with the Davis-B:lcon ACI, :IS amended (40 U.S.C. 276a-276a-5), which contractors
shall pay to skilled and unskilled labor. and such minimum nltes shall he stated in the invitation for bids and shall be
included in propos:lls or hids for the work.
15. Veteran's Preference. It sImll inclnde in all contracts till' work on any project timded mwer the gram :lgreemem which
involve labor, such provisions as are necessary to insure th.lt, ill the employment ofh)bor (except in executive,
:ldminislrative, and supervisory positions), preference slmll be given to Veterans of the Vietnam era and disabled veterans
as defined in Section 515(c)(I) and (2) of the AirpOlt and Ailway Improvement Act of 1982. However, Ihis prelerence
shall apply only 'where the individuals are availahle am11lualitied to perfonn the work to which the employment relates.
16. Conformity to Plans and Specifications. II will execute the project sLlbject to plans, specilieations, and schedules
:lpproved by Ihe Secrelary. Such plans, specitications, and schedules sh:lll be submitted to the Secretary prior to
commencement of site prepar:ltion, construction, or other pertonnance under this granl :lgreement, and, upon approval of
the Secretary, slmll be incorporated into this grant agreement. Any moditieation to the approved plans, specitications, and
schedules slmll :llso be subject to approval of the Secret:lry, alw incorporated into the grant agreement.
17. Construction Inspection aud Approval. It will provide and maintain competentlechnical supervision:lt the conslruction
site Ihroughout'lhe project to assure llmlthe work contonns to the plans, specific:ltions, and schedules approved by the
Secrelary for dIe projecI. It shall subjecI the construction wnrk on any project contained in an approved project application
to inspection and lIpproval by the Secretary :lnd such work shall be in accordance with regulations lInd procednres
prescribed by Ihe Secretary. Such regulalions and procedures shall require such cost aud progress reporting by the sponsor
or sponsors of snch project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will exeCUle the project in accordance with the :lpproved program narrative contained in Ihe project application or
with Ihe modifications similarly approved.
b. It will fumish the Secretmy with snch perilxlic reports as required pertaining to the planning project and planning work
activilies.
c. It will inclnde in all published material prepared in connection with the planning project a notice 1ll,1tlhe IImterial was
prepllre<1 U1wer a grant provided by Ihe United States.
d. It willlllllke such materi:ll aV:lilable for eX:lmination by the pnblic, and agrees that no llllIterial prepared with funds
\\lIder Ihis project slmll be subject to copyright iuthe United States or :lny other country.
e. It will give Ihe Secrelary unrestricted authority to publish, disclose, distribute, and othelWise use any of the material
prepared in connection with this grant.
f. It will grant the Secretary the right to dis:lpprove the sponsor's employment of specific consultants and their
subcontraclors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional
services.
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g. It will grant we Secretary Ihe right to disapprove the use or the sponsor's employees to do all or any part or the
project.
h. It U1Klerstands amI agrees that the Secretary's ilpproval ufthis project grant or the Secretilry's approvill of any planning
material developed as part or this graot does oot constitute or imply auy assurance or commitment on the part or the Secretary
to approve any pending or future application I'or a Federal airport grant.
19. Operation and Maintenance.
a. It will suitably operate and maintain the airport mu.l all t~l(;iljties thereon or connected therewith, with (.Ill(:: regan.} to
climatic and flood conditions. Any proposal to temporarily close the airport for nonaeronautical purposes must tirst be
approved by the Secretary. The airport and all I'acilities which are necessary to serve the aeronautical users of the airport, other
than lacilities owned or controlled by the United States, shall be opcrated at all times in a safe and serviceable condition and in
accordance with the minimum standards as may he required or prescribed by applicable Federal, state and local agencies for
maintenance and operation. It will not calise or pennif any activity or Hction thereon which would interfere with its use for
airport purposes.
In furtherance of this assurance, the sponsor willlulVe in eneet at illl times arrangements for-
(I) Operatitlg the airport's aeronautical facilities whenever reqnired;
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
(3) Promptly notifying aimlen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be constmed to require that the airport be operated for aeronautical use during temporary
periods when snow, flood or other climatic conditions illlerfere with such operation ami maintenance. Further, nothing herein
shall he construed as requiring l:le maintenance, repair. restoration, ur replacement of any structure or tacility which is
substantially damaged or destroyed due to an act of God or other condition or circnmstance beyond the control of the sponsor.
b. It will suitably operate and maintaillnoise compalibility program items that it owns or controls upon which Federal
funds have been exp,ended.
.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such ternlinal airspace as is required to
protecl instrument and visual operations to the airport (including established minimum !light altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establislmlent or creation of future airport hazards.
21. Compntible LlIml Use. It will take appropriate action, including Ihe adoption of zoning laws, to the extent reasonable, 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 amI takeoff of aircraft. In addition, if the project is I'or noise compatibility
program implementation, it will not cause or pennit ilny change in land use, within its jurisdiction, tharwill reduce its
compatibility, with respect to the airpnrt, of the noise compatibility program measures upon which Federal nlllds have
heen expended.
22. Econornic Nondiscrimination.
a. It will make its airport available as au airport for puhlic use onl1tir and reasonable tenns and without unjust
discrimimttion, to all types, kinds and classes of aeronautical use.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any
person, finn, 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 to-
(I) fumish said services on a lilir, reasnnable, and not unjnstly discriminatory has is to all users thereof, and
(2) 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 disconnts, rebates, or other similar types of price reductions to
volume purchasers.
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c. Each tixed-based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and
other charges as are unifonnly flpplicahl.: to all other tixed-hased operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have Ihe right 10 service itself or 10 use any tixed-based operalor Ihal is
authorized or pennitted by the airport to serve any air carrier at such f\irport.
e. Each air carrier using such airport (whether as a tenant. nontermnt. or subtemmt of another air carrier tenant) shall be
subject to such nondiscriminatory and substantially comparable mles, reb'ulations, conditions, rates, fees, relllals, and olher
charges with respect to tacilitks directly and suhstantiHlly related to providing air transportation as are ilpplicnble to all such air
carriers which make similar liSt: of such airport anll utilize similar Hu.:ilities. subject to rC<lsonable classitications such as tenants
or nontenants and signatory carriers and llonsigwltory carriers. Cl:lssiticlltion or stmus as tenant or signatory shall not be
unreasonably withheld by any airport provided an air carrier assumes Obligations substantially similar to those already imposed
on air carriers in such classitication or status.
f. It will not exercise or gnmt any right or privilege whk:h operates to prevent rmy persoll, tirm, or corporation operating
aircraft on the airport; from perfonning any services 00 its own aircratl with its own employees (inclnding, bUI not limited to
maintenance, repair, and fueling) tlmt it nmy choose to perfoml.
g. In the event 'the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services
involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or
concessionaires of the spollsor under these provisions.
h. The sponsor may estllhlish slIch fair, equal, and not U1~lIStly discriminatory conditions to be met by all users of the
airport as may be necessary for the safe and emcient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or chlss of aeronautical use of the airport if such action is
necessary for the safe opemtion of the ilirport or necessary to serve the civil aviation needs of the puhlic.
23. Exclusive Riglfts. It will pennil no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical servkes to the public. For purposes of this paragraph, Ihe providing of the services at an airport by
a singk tixed-based pperatur shall nul be constmed as an exclusive right if hoth of the fullowing apply:
a. It would be uoreasonably costly, burdensome, or impractical tt" more than one lixed-based operator to provide such
services, and
b. If allowing more Ihan one tixed-based operator to provide snch services would require Ihe reduction of space leased
pursuant to an existing agreement belween such single tixed-hased operator and such airport.
It further agrees tlmt it will not, either directly or indirectly, grant or permit any person. linn, or corporation, the exclnsive
right at the airport to conduct any aeronautical :Ictivities, including, but not limited to charter flights, pilot training, aircraft
rental and sightseeing, aerial pllotography, crop dusting, aerial advertising ami sUlveying, :lir carrier operations, aircraft sales
and services, sale of aviation petroleum products whether or not conducted in cOI~um;tion with olher aeronautical activity,
repair and nmintenance of aircratl. sale of aircratl parts, and any olher activities which because of their direct relationship to the
operation of aircratl can be regarded as an aeronautical activilY, and thai it willlennilmte any exclusive right 10 conduct an
aeronautical i,ctivity now existing ilt such an airport hcti.)re tllc grant of any assistance under the Airport and Airwi'y
Improvement Act of 19M2.
24. Fee and Rental Structure. It will maintain a fee and rental slmclure consistent with Assurance 22 and 23 for the facilities
and services being provided the airport users which will make the airport as seltCsustaining as possible under the
circumstances existing al the particnlar airport, taking into account such factors as the volume of traffic and economy of
collection. No part of the Federal share of an airport development, airport plaoning or noise compatibility project for
which a grant is made under the Airport and Airway Improvement Act of 1982, the Federal Airport Act or lhe Airport and
Airway Development Act of 1970 shall he included in the rate has is in estahlishing fees, rates, and charges for users of
that airport.
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25. Airport Revenues. If Ihe airport is under the control of a public agency. all revenues generated by the airport and any
local taxes ou aviation fuel established after December 30, 1987, will be expended by it for the capital or operatiug coslS
of the ilirport; the local ilirport system; or other local nlcilities which ;tre owned or operated by the owner or operator of
the airport and directly and suhstilllti::lIly rel.atell to the actual air transportation of passengers or property; or for noise
miligation purposes on or off Ihe airport. Provided, however, thai if covenanls or assurances itl debt obligations issued
before Seplember 3, 1982, by the owner or operalor of Ihe airport, or provisions enacled before Seplember 3, 1982, in
governing staMes controlling Ihe owner or operalor's tinaneing, provide IlJr Ihe use of the revenues from any of Ihe
airport owner or operalor's facililies, including Ihe airport, 10 support not only Ihe airport bul also Ihe airport owner or
operator's general debt ohligalions or olher tilcililies. Ihenlhis limitalion onlhe use of all revenues generated by the airport
(and, in the case of a public airport. local taxes on avialion luel) shall nol apply.
26. Reports and Inspections. II will:
(a) submit to the Secrelary such annual or special tinancialand operalions reports as the Secrelary may reasonahly requesl
and make such reports available to Ihe public;
(11) make available 10 Ihe public al reasonable times and places a report of Ihe airport budget in a limnat prescribed by Ihe
Secretary;
(c) for airport developmenl projecls, make Ihe airport and all airport records and documenls affecling the airport,
including deeds, leases, operation and use agreements, regu!<ltiolls and other instnaments, itvailable for inspectioll hy any duly
authorized llgent of tIle Secretary upon rCilsUlJahle request;
(d) for noise compalibility program projecls, make records and documenls relaling to the project and conlinued compliance
with the tenns, conditions. and assurances of the gnlllt agreement including deeds, leases, agreements, regulations, and other
inslmments, available for inspection by any duly authorized agenl of Ihe Secretary upon reasonable requesl; and
(e) in a limnat prescribed by the Secretary, provide to Ihe Secretary and make available 10 Ihe public, nOllater Ihan 60
days following each'of ils tiscal years, ending aller March I, 1995, an annual report listing in delail :
.
(i) all amounts paid by the airport to any other unil of governmenl and the pnrposes for which each such paymenl was
made; and
(ii) all selVices and property provideu by the airport to other units of govemment and the mnount of compensation
received for provision of each such service and property.
27. Use by Government Aircraft. It will make available all of the lacilities of Ibe airport developed with Federal financial
assislance and all those usable for landing and lakeotf of aircrall to the United Slales for use by Govenunenl aircraft in
common wilh olher aircraft al all limes wilhout charge, excepl, if Ihe use by Governmenl aircraft is substantial, charge
lIIay he madc ti.Jr a reasonable slmrc, proportional to such use. I(IT the cost of opcTilling ;lIld maintaining the t:ldlilies used.
Unless olherwise determined by the Secrelary, or olherwise agreed 10 by the sponsor and the using agency, substantial use
of an airport by Govemment aircrall will be considered 10 exisl when operations of such aircraft are in excess of those
which, in Ihe opinion of Ihe Secrelary, would unduly interfere wilh use of Ihe landing areas by other authorized aircraft, or
during any calendar monlh Ihal-
a. Five (5) or more Govemment aircratl are regularly based at Ihe airporl or on land adjacent therelo; or
b. The tOlal number of movements (counling each landing as a movement) of Govenunent aircraft is 300 or more, or the
gross accumulalive weight of Govemment aircraft using the airport (the total movement of Government aircraft multiplied by
gross weights of such aircraft) is in excess of live million pounds.
28. l..and for Federal Facilities. II will fumish withoul cost 10 Ihe Federal Govemment for use in connection wilh any air
trdftic control OT air navigation activities, or weather-reporting and communication activities related to air tranic control.
any areas of I:Uld or waler, or eslale therein, or rights ill hllildings of Ihe sponsor as Ihe Secrelary considers necessary or
desirable for constmction, operation, find m;lintenance at Feder;l) expense of space or facilities ti.)T such purposes. Such
Airport Asslllo.ances (1-95) Page H of' 12
ASW-PP-A-I
areas or any p. ..,n thereof will he made available HS provided herein within four months after receipt of a written request
fromlh~ S~cr~tary.
29. Airport Layout Plan.
a. It will keep up to date at alltim~s an airport layout plan of the airport showing (I) boundaries of the airport and all
proposed additious Iher~lo. togeth~r with the houndaries of all oft';te ar~as owned or controlled by the spOt1sor for airport
purposes and proposed additious thereto; (2) the locatiou and mllnr~ of all existing and propos~d airport tilcilities and structur~s
(such as runways, taxiways. aprons, terminal buildings, hangars and roads), including aU proposed extensions and reductions of
existing airport facilities; and (3) the location of all existing 1lI11..1 proposed nonaviation areas amI of all existing improvements
thereon. Such airport layout plans and e;lch amendment, revision, or moditication thereof. Sllllll be subject to the approval of the
Secretary which approval shall be evid~nced hy th~ signarur~ of a duly authorized representative of the Secretary on the face of
the airport layout plan. The sponsor will not mak~ or permit any chaoges or alterations in the airport or any of ils lilcilities
whkh an: not ill conformity with the airpurI layout plall as approved hy tile Sccrclary and which might, illthc upiniun of the
Secretary, adversely am'ctlh~ safety, ntility or ~tlici~ncy ofth~ ailport.
b. If a change or alteration ill the ,airport or the hlcilities is made which the Secretary detemlines adversely atIects the
safety, utility, or eftici~ncy of any federally owned, leas~d. nr flmd~d property on or uff the airport and which is uot in
confonnity with the airport layout plan as approv~d by th~ S~cretary, th~ owner or operator will, if requested, by the Secr~tary
(1) eliminate such adverse efteCI in a maun~r approved by the S~cretary; or (2) bear all costs of relocatiug such prop~rty (or
replac~melll th~reot) 10 a site acceptabl~ to th~ Secretary and all costs of restoring such property (or replacementthereot) to the
level of safety. utility, efticiency, and cost of op~ration existing b~li)re the uuapproved change in the airport or its facilities.
30. Civil Rights. It will comply with such mles as are promulgat~d to assure that no persou shall, on the grouuds of race,
creed, color, national origin, s~x. age, or handicap be excluded from participating in any activity conducted with or
benefiting from fuulls received from this grant. This assurance obligtltes the sponsor for the period during which Federal
tinancial assistance is extended to the program, except where Federal financiill assistance is to provide, or is in the fonn of
personal property or real property or interest therein or structures or improvements thereon ill which case the aSsurance
obligates the sponsor or any fransleree for the longer of the folluwing periods: (a) the period during which the property is
used for a purpose for which Federal tinandal assist:mce is extended, or for another purpose involving the provision of
similar s~rvic~ or ben~tits, or (Il) the period during which Ihe sponsor retains ownership or possession of the property.
31. Disposal of bnrl.
a. For land purchased IInder a grant for airport noise compatibility purpos~s, it will dispose of the land, when the land is
no longer u~eded for such purpnses, at tilir market value, at the earli~st practicable time. That portion of the proceeds of such
disposifion which is proportiollilte to the United States' share of m.:qllisition of Stich land will, at the discretion of the Secretary,
1) b~ paid 10 th~ S~cr~tary tilt deposit in th~ Tmst Fund, or 2) be r~inv~st~d iu an approv~d uois~ compatibility proj~cl as
prescribed by the S~cretary.
b. (1) For land purchased under a grallt for airport development purposes (oth~r than noise compatibility), it will, when
th~ land is no longer needed for airport purposes, disros~ of such Iaml at tilir mark~t value or make available to the Secretary an
amount equal to the United States' proportionate shar~ of the fair mark~t value of the land. TlllIt portion of the proceeds of such
disposition which is proportiOllllte to th~ Uuited Stat~s' share of tlt~ cost of acquisition of such land will, (a) upon application to
the Secretary, b~ reinvesled in another eligible airport improvement project or projects approv~d by the S~cretary at that airport
or within the national airport system, or (b) be paid to the Secr~tary lilt d~posit in the Tmst Fund if no eligible project ~xists.
(2) Land shall be considered 10 b~ needed for airport purposes under this assurance if (a) it may be ne~ded for
aeronautical purposes (including mnway protectioll zones) or serve :IS noise huffc:r land, alld (h) the revenue from interim uses
of such land contributes to the tinancial self-sutliciency of the airport. Further, land purchased with a grant received by an
airport operator or owner before Decemb~r 31,1987, will be consid~red to be needed for airport purposes if the Secretary or
Federal agency Irulking such grant het()f~ Dec~mber 31, 1987, was notiti~d by the operator or owner of th~ uses of such land,
did not obj~cl to such use, alKlthe lalKI continues to b~ nsed fnr that pllrpOS~, such us~ having commenced no lat~r than
December 15, 1989.
Airport Assurances (1-95) Page 9 of 12
ASW-PP-A-I
c. Disposition .uch land under (a) or (Il) will be subject to the retention or reservation of any interest or right therein
necessary to ensure that such land will only he used for purposes which are compatible with noise levels associated with
operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub-contract for program management, construction
management, planning studies, feasibility stndies, arChitectural services, preliminary engineering, design, engineering,
surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and
engineering services is negotiated under Title IX of the Federal Property imd Administnltive Services Act of 1949 or an
equiva1ent qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions. II will not allow thuds provided under this grant (U he used to fund any project which uses
any prodnct or service of a foreign country during the period in which such foreign cOllntry is listed by the Vnited States
Trade Representative as denying lair and equitable market opportunities for products aud suppliers of the United States in
procurement and construction.
34. Policies, Stambmls. and S(lecifications. It will carry out the (lroject in accordance with (lolicies, standards, and
s(lecifications a(lproved by the Secretary including bntnollimited to the advisory circulars listed in the Current FAA
Advisury Circulars fur AlP projects, dated August I, 1994, and included in this grant, and in accordance wilh a(lplicable
state (lolicies, standards, and specitications ap(lroved by the Secretary.
35. Relocation and Real Pro(lerty Acquisition. (1) It will be guided in acquiring real property, to the greatest extent
practicable under State law, by the land acquisition policies in Sub(lart B of 49 CFR Part 24 and will payor reimburse
(lro(lerty owners for necessary eX(lenses as s(lecified in Sub(lart B. (2) It will provide a relocation assistance program
offering the services described in Snb(lart C and lilir and reasonable relocation (layments and assistance to dis(llaced
persons as required in Sub(lart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time
prior to displacement, comparahle rephlcement dwellings to di~phlcell persons in acconhlOce with Subpart E of 49 CFR
Part 24.
.
Airport Assnrances (1-95) Page 10 of 12
ASW-PP-A-I
CURRENT FAA ADVISORY CIRCULARS FOR All' PROJECTS
Updated On: August 1, 1994
~ER SUBJECT
7ll17460-lH ClIG I & 2 Obstruction Marking and Lighting
I 50/5 HX1-14C Architectural, Engineering, and Planning Consnltant Services for Airport Grant Projects
150/521O-5B Painting. Marking and Lighting of Vehicles Used on an Airport
]50/521O-7B Aircrafi Fire and Rescue Communications
150/5210-14 Airport Fire and Rescue Personnel Protective Clothing
150/5210-]5 Airport Rescue and Firdighting Station Building Design
150/5210-]8 Systems hlf Interactive Training of Airport Personnel
]50/5220-4B Water Supply Systems hlf Aircrafi Fire and Rescue Protection
]50/5220-IOA Ouide Specification hlf Water/Foam Type Aircrafi Rescoe and Firdighing Vehicles
]5ll/5220-13B Runway Surface Conditioo Sensor Specification Guide
150/5220-14A Airport Fire and Rescue Vehicle Specification Guide
]50/5220-16A Automated Weather Observing Systems for NonFederal Applications
150/5220-17A Design Standards lilf Aircratl Rescue Firetighting Training Facilities
150/5220-18 Buildings tCJr Stonlge and Maintenance of Airport Snow and Ice Control Equipment and Materials
150/5220-]9 Guide Specification for Small, Dnal-Agent Aircrafl Rescue and Firefighting Vehicles
]50/5220-20 ClIG ] Airport Snow and Ice Control Equipment
150/5220-21 CHG I Guide Specifications for Lills Used to Board Airline Passengers with Mobility ]mpaimlents
15ll/5300-13 CHG 1,2. & 3 Airpnrt Design
150/53(XI-14 Design of Aircralt Deicing Facilities
150/5300-15 Use of Value Engineering for Engineering Design of Airport Graot Projects
150/5320-5B Airport Drainage
150/5320.6C CHO I & 2 Airport Pavement Design and Evaloation
150/5320-12B Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-]4 Airport Landscaping for Noise Control Purposes
]50/5325-4A CHO I . Runway Length Requirements lilf Airport Design
150/5340-1 G Standards for Airport Marking
150/5340-4C CliO I & 2 Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-5B CHO I Segmented Circle Airport Marker System
150/5340-14B CHO I & 2 Economy Approach Lighting Aids
150/5340-17B Standby Power for NonFAA Airport Lighting Systems
150/5340-18C CHO I Standards for Airport Sign Systems
150/5340-19 Tax.iway Centerline Lighting System
150/5340-21 Airport Miscellaneous Lighting Visual Aids
150/5340-23B Supplemental Wind Cones
150/534ll-24 ClIG 1 Runway and Taxiway Edge Lighting System
150/534ll-27A Air-To-Ground Radio Control of Airport Lightiog Systems
150/5345-3D Specification hlf L-821 Panels hlr Remote Control of Airport Lighting
15ll/5345-5A Circuit Selector Switch
]50/5345-70 CHG I Specificatiou hlf L-824 Underground Electrical Cable for Airport Lighting Circuits
]50/5345-IOE Specification for Constant Current Regulators Regulator Monitors
]50/5345-12C Specification for Airport and Heliport Beacon
15ll/5345-13A Specification for 1.-841 Auxiliary Relay Cabinet Assembly hlf Pilot Control of Airport Lighting Circuits
]50/5345-26B CHO I & 2 Specifications for L-823 Plug and Receptacle. Cable Connectors
] 5ll/5345-27C Specification filr Wind Cones Assemhlies
]50/5345-28D CHG I Precision Approach Path Indicator (PAP]) Systems
150/5345-39B CliO I FAA Specification L-853 , Runway ami Taxiway Centerline Retrollective Markers
]50/5345-42C CHO I Specification for Airport Light Bases, Transfimner Housings, Junction Boxes and Accessories
]50/5345-430 Specification for Obstruction Lighting Equipment
150/5345-44E Specification for Taxiway and Rnnway Signs
150/5345-45A Lightweight Approach Light Structure
150/5345-46A Specification for Rnnway and Taxiway Light Fixtures
Airport Assurances (1-95) Page] I of 12
ASW-PP-A-I
150/5345-47A
150/5345-49A
150/5345-50 CIIG I
150/5345-51 CIIG I
150/5345-52
150/5360-9
150/5360-12
150/5360-13
150/5370-2C
150/5370-6B
150/5370-IOA CIIG 1-7
150/5370-11 CHO 1
150/5370-12
150/5390-2A
150/5390-3
Isolation Transfonners for Airport Lighting Systems
Specification L-854, Radio Control Equipment
Spedtkation tilr Portahle Runway Lights
Specilication Iilr Discharge-Type Flasher Equipment
Generic Visual Glideslope Indicators (GVGI)
Planning and Design of Airport Temlinal Facilities at NonHub Locations
Airport Signing and Grapbics
Planning and Design Guidance lor Airport Terminal Facilities
Operational Safety on Airports During Constmction
Construction Progress and Inspection Rep0l1-Airport Grant Program
Standards for SpecifYing ConstlUction of Airports
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
Quality Control of Construction ti,r Airport Grant Projects
Heliport Design
Vertiport Design
.
ASW-PP-A-I
Airport Assurances (1-95) Page 12 of 12
CERTIFICATION OF PROJECT FUNDS
TxDOT Contract No.:
TxDOT Project No.
TxDOT CSJ No.
7XXFA020
PARIS 5
970lPARIS
I Michael E. Malone City Manager
,
(Name) (Title)
do hereby certify that sufficient funds to meet the Sponsor's
share of project costs as identified in the Airport Project
Participation Agreement for said project will be available in
accordance with the schedule shown below:
SPONSOR FUNDS
Source Amount
Date Available
Certificate $240.000.00
of Oblication
March. 1997
..
The City of Paris has caused this to be duly executed in its
name, this 7th day of November 19~
citv of Paris
(sponsor)
By:
Michael E. Malone
Title: City Mana~er
CERTIFICATION OF AIRPORT FUND
TxDOT Contract No.:
TxDOT Project No.
TxDOT CSJ No.
7XXFA020
PARIS 5
9701PARIS
I,
Michael E. 'Malone
(Name)
hereby certify that
City 'Manager
(Title),
the ~,",..r~l l1...nd _ rnv 11;,.,1,.1 Airport Fund has
(Name of Fund)
been established for the City of Paris, and that all fees,
charges, rents, and money from any source derived from airport
operations will be deposited for the benefit of the
General Fund - Cox Field Airport Fund and will not be diverted for
(Name'of Fund)
other general revenue fund expenditures or any other special fund
of the City of Paris and that all expenditures from the Fund will
be solely for airport purposes.
do
The city of Paris has caused this to be duly executed in its
name, this 7th day of Novemher 19~
.
city of Paris
(Sponsor)
By: Michael E. 'Malone
Title: Citv'Manalter
, '
DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE
TxDOT Contract No.:
7XXFA020
TxDOT project No. :
TxDOT CSJ No.
PARIS 5
9701PARIS
I Michael E. Malone City Manager
,
(Name) (Title)
hereby designate Dick Boots. Director of Facilities as the Sponsor's
(Name, Title)
authorized representative for the project, who shall have the
authority to make approvals and disapprovals as required on
behalf of the Sponsor.
The City of Paris has caused this to be duly executed in its
name, this 7th day of November , 19~.
citv of Paris
(Sponsor)
By:
Michael E. Malone
City Manall:er
.
Title:
DESIGNATION OF SPONSOR'S
CONSULTANT SELECTION COMMITTEE
TxDOT Contract No.:
TxDOT Project No.
TxDOT CSJ No.
7XXFA020
PARIS 5
9701PARIS
I, Michael E. Malone
(Name)
City Manager
(Title)
hereby designate the following named individuals as the city of
Paris Consultant Selection committee for the project.
Name
Title (if appropriate):
FArl Smith
City Engineer
Foric So Clifford
Mayor
Mi,..h.Apl F.. Malone
City Manal!;er
ThnftU1lR F. ~ "RaynPA
Proiect Director
The City of Paris has caused this to be duly executed in its
name, this 7th day of November ,1996
city of Paris
(Sponsor)
By:
Title:
Michael E. Malone
r.it:y M.anafer
". . L
CERTIFICATION REGARDING PAVEMENT PREVENTATIVE MAINTENANCE
The city of Paris assures or certifies that it has implemented an
effective airport pavement maintenance-management program and it
assures that it will use such program for the useful life of any
pavement constructed, reconstructed or repaired with Federal
financial assistance at the airport. It will provide such
reports on pavement condition and pavement management programs as
the state determines may be useful.
city of Paris
( SPONSOR)
( SIGNATURE)
Michael E. Malone
City Manager
(TITLE)
November 7, 1996
.
(DATE)
, '
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide a drug-
free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such
prohibition:
(b) Establishing an ongoing drug-free awareness program to inform
employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a)
that, as &' condition of employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after
receiving notice under paragraph (d)(2) from an employee or otherwise
receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to every grant
officer or other designee on whose grant activity the convicted employee
was working, unless the Federal agency has designated a central point for
the receipt of such notices. Notices shall include the identification
number(s)'of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of
receiving notice under paragraph (d)(2), with respect to any employee who
is so convicted-
(1) Taking appropriate personnel action against such an employee, up to
and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (a), (b), (c), (d), (e), and
(f) ,
B. The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant:
Place of Performance (street address, city, county, state, zip code)
Cox Field AirDort
Paris. Lamar County. Texas
Check
if there are workplaces on file that are not identified here.
Signed:
Michael E. Malone. City Manager
Typed Name and Title of Sponsor Representative
Dated:
November 7. 1996