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HomeMy WebLinkAboutAgenda_GTAB_11.12.2021Notice of Meeting for the Georgetown Transportation Adv isory B oard of the City of Georgetown Nov ember 12, 2021 at 10:00 AM at Georgetown P ublic Library-F riends Room T he C ity of G eorgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require as s is tance in partic ipating at a public meeting due to a disability, as defined under the ADA, reas onable as s is tance, adaptations , or ac commodations will be provided upon request. P leas e c ontact the C ity S ec retary's O ffic e, at leas t three (3) days prior to the sc heduled meeting date, at (512) 930-3652 or C ity Hall at 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626 for additional information; T T Y users route through R elay Texas at 711. Regular Session (T his R egular S es s ion may, at any time, be rec es s ed to c onvene an Exec utive S es s ion for any purpose authorized by the O pen Meetings Act, Texas G overnment C ode 551.) A P ublic Wishing to Address the Board O n a subject that is posted on this agenda, please fill out a speaker regis tration form whic h can be found on the table at the entrance to the Board Meeting. C learly print your name and the letter of the item on whic h you wis h to s peak and pres ent it to the S taff Liais on, prior to the start of the meeting. You will be called forward to s peak when the Board c onsiders that item. O nly persons who have delivered the speaker form prior to the meeting being called to order may speak. O n a subject not posted on the agenda: P ers ons may add an item to a future R egular sc heduled Board agenda by filing a written reques t with the S taff Liaison no later than one week prior to the Board meeting. T he request mus t inc lude the speaker’s name and the spec ific topic to be addres s ed with sufficient information to inform the board and the public. Only those persons who have submitted a timely request will be allowed to speak. P lease s end comments to G TAB Board Liais on, Danielle Dutra at danielle.dutra@georgetown.org. B C all to O rder - Board C hair C Introduc tion of Visitors - Board C hair D November 2021 G TAB Updates - Wes ley Wright, P.E., S ys tems Engineering Director / C hris P ous s on, C I P Manager. E Airport Monthly R eport – Eric Johns on, P ublic Works Direc tor L egislativ e Regular Agenda F C ons ideration and possible action to approve the O ctober 8, 2021 minutes of the G eorgetown Trans portation Advis ory Board. -- Danielle Dutra, Board Liais on G C ons ideration and possible action to recommend approval of a Texas Department of Transportation Grant (21C R G E O R G) to prevent, prepare for, and respond to c oronavirus in the amount of $23,000. – Eric Johns on, P ublic Works Direc tor H C ons ideration and p o s s ib le ac tion to rec o mmend ap p ro val o f a T exas Department of Transportation Page 1 of 91 Grant (21T WG E O R G) to prevent, p rep are for, and res p o nd to coronavirus in the amo unt of $34,162. – Eric Johns on, P ublic Works Direc tor I C ons ideration and possible actio n to recommend the ad o p tion of a formal G eorgetown Exec utive Airport at Johnny G antt F ield Leas ing P olic y. – Eric Johnson, P ublic Works Director Adjournment Ce rtificate of Posting I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily acc es s ible to the general public as required by law, on the _____ day of _________________, 2021, at __________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said meeting. __________________________________ R obyn Dens more, C ity S ec retary Page 2 of 91 City of Georgetown, Texas Transportation Advisory Board November 12, 2021 S UB J E C T: November 2021 G TAB Updates - Wesley Wright, P.E., S ystems Engineering Direc tor / C hris P ousson, C I P Manager. IT E M S UMMARY: November 2021 G TAB Updates Cover S heet F M 971 - Realignment at Austin Avenue: Utility relocation in the park c omplete. S ubgrade underway. P edestrian tunnel under cons truction Northwest Blvd: · C omplete D B Woods P roject design to utilize exis ting R O W, Des ign is underway with typic al sec tions c urrently under review along with bridge options. Meeting held with DB Wood residents 7-29 to talk with them about their concerns . New s ection pushed out to residents. In pers on meetings under way with property owners. S outhwestern Blvd: P reliminary alignment revised. P erforming Hydrologic and Hydraulic c alculations . R O W needs forwarded to Travis. S E Inner Loop: F inal paving to be ins talled in November. 2020 Curb and Gutter C ontractor has c ompleted work on Meadowbrook, Live O ak and R idge O ak. C ontrac tor working punc h lis t items there. C ontractor has also begun work on the 18th s treet drainage improvement project. Rock S idewalk / F Y20 Downtown AD A sidewalk Improvements C ontractor has c ompleted work on R oc k S t between 9th and 7th with exc eption to handrail installation and s ome minor work. C ontrac tor has begun working on 7th and 8th streets at Aus tin Ave. 2021 Signal Improvements S hell R d @ Verde Vista and Williams @ Es trella C ros s ing were bid July 22 with Aus tin traffic S ignal as the low bid and recommended for award. C ontrac ts exec uted, work to begin April or May upon rec eipt of poles . 2021 Intersection Pedestrian Safety Enhancements G TAB and C ouncil Approved, C ontracts executed. Installation to begin January 2022 Page 3 of 91 S H 29 Access Improvements – traffic signal Ins tallation of light is complete and open to traffic at new signal. 2021 High Performance Pavement S eal P roject #1 G TAB Board and C ouncil approved award in May 2021. C ontrac ts s igned and ac cepted. C holla has completed work in S un C ity, Q uail Valley/P leasant Valley neighborhoods . P unch list items to be completed along with striping. 2021 High Performance Pavement S eal P roject #2 Andale C onstruc tion c ontract was approved by G TAB Board and C ity C ouncil in May 2021. Areas inc luded in the projec t are Berry C reek and G atlin C reek neighborhoods . Andale has c ompleted pavement s eal applic ation. C ontractor working on punch list and striping. 2021 HIP R project P avement marking and punch list c ompletion underway F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: C hris P ousson AT TAC H ME N T S: Description Type November 2021 GTAB Project Updates Pres entation Page 4 of 91 November 2021 GTAB Updates Cover Sheet FM 971 - Realignment at Austin Avenue: Utility relocation in the park complete. Subgrade underway. Pedestrian tunnel under construction Northwest Blvd: • Complete DB Woods Project design to utilize existing ROW, Design is underway with typical sections currently under review along with bridge options. Meeting held with DB Wood residents 7-29 to talk with them about their concerns. New section pushed out to residents. In person meetings under way with property owners. Southwestern Blvd: • Preliminary alignment revised. • Performing Hydrologic and Hydraulic calculations. • ROW needs forwarded to Travis. SE Inner Loop: Final paving to be installed in November. 2020 Curb and Gutter Contractor has completed work on Meadowbrook, Live Oak and Ridge Oak. Contractor working punch list items there. Contractor has also begun work on the 18th street drainage improvement project. Rock Sidewalk / FY20 Downtown ADA sidewalk Improvements Contractor has completed work on Rock St between 9th and 7th with exception to handrail installation and some minor work. Contractor has begun working on 7th and 8th streets at Austin Ave. 2021 Signal Improvements Shell Rd @ Verde Vista and Williams @ Estrella Crossing were bid July 22 with Austin traffic Signal as the low bid and recommended for award. Contracts executed, work to begin April or May upon receipt of poles. 2021 Intersection Pedestrian Safety Enhancements GTAB and Council Approved, Contracts executed. Installation to begin January 2022 SH 29 Access Improvements – traffic signal Installation of light is complete and open to traffic at new signal. Page 5 of 91 2021 High Performance Pavement Seal Project #1 GTAB Board and Council approved award in May 2021. Contracts signed and accepted. Cholla has completed work in Sun City, Quail Valley/Pleasant Valley neighborhoods. Punch list items to be completed along with striping. 2021 High Performance Pavement Seal Project #2 Andale Construction contract was approved by GTAB Board and City Council in May 2021. Areas included in the project are Berry Creek and Gatlin Creek neighborhoods. Andale has completed pavement seal application. Contractor working on punch list and striping. 2021 HIPR project Pavement marking and punch list completion underway Page 6 of 91 FM 971 at Austin Avenue Realignment Intersection Improvements Project No. 1BZ TIP No. AG November 2021 Project Description Design and preparation of final plans, specifications and estimates (PS&E) for the widening and realignment of FM 971 at Austin Avenue, eastward to Gann Street. Purpose To provide a new alignment consistent with the alignment of the proposed Northwest Boulevard Bridge over IH 35; to allow a feasible, alternate route from the west side of I 35 to Austin Avenue, to Georgetown High School, to San Gabriel Park and a more direct route to SH 130. Project Managers Joel Weaver Engineer Klotz Associates, Inc. Element Status / Issues Design TxDOT bid June of 2021 Low bid by CHASCO construction, contracts finalized, work to begin September 7th Environmental/ Archeological Complete Rights of Way Final parcel preparing for closing Utility Relocations TBD Construction Utility relocation in the park complete. Subgrade underway. Pedestrian tunnel under construction Other Issues AFA with TxDOT complete. Page 7 of 91 D B Wood Widening Project No. PRJ000188 TIP No. November 2021 Project Description D.B . Wood (SH 29 to Oak Ridge) ,Roadway improvements on DB Wood from SH29 to Oak Ridge Drive. Expanding Roadway from 2 lanes to 5 lanes (4 travel lanes w/turn lanes). Purpose To manage current and future traffic flow Project Manager Joel Weaver Engineer Kimely-Horn and Associates. Inc. Element Status / Issues Design Design is underway with typical sections currently under review along with bridge options. Meeting held with DB Wood residents 7-29 to talk with them about their concerns. New section pushed out to community. In person meetings underway with property owners. Surveying Survey is underway Environmental/ Archeological Underway Rights of Way Project design to utilize existing ROW Utility Relocations TBD Construction N/A Other Issues None Page 8 of 91 Widening of: SE Inner Loop - FM 1460 to Austin Avenue Roadway & Southwestern Boulevard – Raintree Drive to SE Inner Loop Roadway November 2021 Project Description FM 1460 to Austin Avenue Roadway Widening Project & Southwestern Boulevard – Raintree Drive to SE Inner Loop Roadway Widening Project (See Attached Exhibit C). The professional services will consist of providing final roadway, drainage, water, wastewater, incidental designs, as well as, utility coordination, ROW support, environmental phase I investigations, archeological investigations, geotechnical investigations, ROW & Temporary Construction Easement (TCE) metes and bounds documents, bidding documents, bidding services, and construction administration services. Project Managers Joel Weaver and Wesley Wright, P.E. Engineer KPA & Associates Element Status / Issues Design Southwestern: • Preliminary alignment revised • Performing Hydrologic and Hydraulic calculations • ROW needs forwarded to Travis Environmental/ Archeological Efforts to begin April 2019 and any issues are expected to be identified in the coming month. Rights of Way ROW needs on Southwestern to be determined Total Parcels: 0 Possession: 0 Pending: 0 Utility Relocations To be determined Construction SE Inner Loop: Final paving to be installed in November. Other Issues None. Page 9 of 91 2020 Curb and Gutter Project No. PRJ000024 TIP No. None Updated – November 2021 Project Description Design and preparation of final plans, specifications and estimates (PS&E) and construction administration for curb and gutter replacements on Meadowbrook Drive, Oakland Drive and Ridge Oak Drive. Purpose This project consists of removing and replacing old curb and gutter that do not properly drain storm water and prematurely damage streets. Project Managers Chris Pousson / Chris Logan Engineer Contractor KPA Yoko Excavating Element Status / Issues Design Design is complete. Environmental/ Archeological N/A Rights of Way N/A Utility Relocations None Bid Phase Project is advertised. Bid Opening held on December 15th, 2020. Yoko Excavating LLC low qualified bidder. GTAB approved award on February 12th,, Council approved award on February 23rd. Construction Work on Meadowbrook, Oakland and Ridge Oak is complete minus some punch list items. Contractor has started working on 18th street. Other Issues Page 10 of 91 Citywide Sidewalk Improvements Project Rock Sidewalk / FY 20 Downtown ADA Improvements Project No. PRJ000138 TIP No. None Updated - November 2021 Project Description The proposed project consists of the rehabilitation and installation of pedestrian facilities along several streets on Rock Street between 8th and 7th and Downtown ADA Sidewalk Improvements. Various methods of rehabilitating existing non- compliant sidewalks will be considered. This project requires coordination with TCEQ and TDLR and all proposed pedestrian elements will be ADA compliant with the Texas Accessibility Standards (TAS). Purpose To provide ADA/TDLR compliant sidewalks and ramps identified in the 2015 Sidewalk Master Plan. Project Managers Chris Pousson Engineer Contractor KPA TBD Element Status / Issues Design Finalizing design with Facilities and Park departments. Submitting TCEQ WPAP Exception. Environmental/ Archeological TBD Rights of Way / Easements Will require a couple Temporary Construction easement. TCO has been acquired by Georgetown Title Company. Utility Relocations TBD Construction The intersection including crosswalks are complete at Rock and 7th. There is minor work left on Rock St before they move to 7th and Austin. Contractor working to complete work at Austin Ave at both 7th and 8th streets. Other Issues Page 11 of 91 Signal Improvements – Various Locations Project No. PRJ000214 TIP No. None November 2021 Project Description Design and preparation of Plans, Specifications, Estimate, Bidding Documents, and construction phase services for the construction of signal improvements for the intersections of Williams Drive & Estrella Crossing, Shell Road & Verde Vista and SE Inner Loop & Rockride Lane. Purpose To better manage traffic movements at the intersection. Project Manager Joel Weaver Engineer KPA Element Status / Issues Design Shell Rd @ Verde Vista and Williams @ Estrella Crossing were bid July 22 with Austin traffic Signal as the low bid and recommended for award. Contracts executed, work to begin April or May upon receipt of poles. Surveying Completed Environmental/ Archeological TBD Rights of Way TBD Utility Relocations TBD Construction Rock Ride and SE Innerloop contract awarded. Traffic Signal poles and mast arms are on delivery. Contractor EARTC Other Issues None Page 12 of 91 2021 Intersection Pedestrian Safety Enhancements Project No. PRJ000215 TIP No. None Updated - November 2021 Project Description Design and preparation of Plans, Specifications, Estimate, Bidding Documents and construction phase services for the construction of intersection pedestrian safety enhancements at the intersections of Cool Springs Way @ Cowan Creek Amenity Center, 5th Street @ Austin Ave, 7th Street @ Library (new parking lot) and Industrial Ave @ GMC remote parking lot. Purpose To enhance pedestrian safety at intersections with push button activated rapid flashing beacons to alert drivers of pedestrian presence. Project Manager Joel Weaver Engineer KPA Element Status / Issues Design 100% plans reviewed. Bids opened July 12th, Austin Traffic Signal was sole bidder. GTAB and Council approved contract award to ATS. Contracts executed. Materials ordered installation starting January 2022 Surveying Completed Environmental/ Archeological TBD Rights of Way TBD Utility Relocations TBD Construction TBD Other Issues None Page 13 of 91 2021 Street Maintenance Project No. PRJ000211 / PRJ000212 TIP No. None Updated - November 2021 Project Description Purpose 2021 CIP Maintenance project consist of furnishing and installing approximately 230,000 square yards of high performance pavement seal (PMM) and approximately 190,000 square yards of high performance pavement seal (HA5) traffic control, and miscellaneous striping in Sun City, Berry Creek, Gatlin Creek, Reata Trails, Quail Valley and Pleasant valley neighborhoods. To provide protection and maintain an overall pavement condition index of 85% Project Manager Daniel Havins Engineer/Engineers KPA, LP Task Status / Issues High performance pavement seal Package #1 (PMM) GTAB Board and Council approved award in May 2021. Contracts signed and accepted. Contractor has completed pavement seal applications in Sun City, Quail Valley and Pleasant Valley neighborhoods. Contractor working to complete punch list items. High performance pavement seal Package #2 (HA5) Andale Construction contract was approved by GTAB Board and City Council in May 2021. Areas included in the project are Berry Creek, and Gatlin Creek neighborhoods. Andale has completed work in all areas. Contractor working to complete punch list items. Page 14 of 91 Page 15 of 91 Page 16 of 91 Project: 2021 Street Maintenance Hot In Place Recycling (HIPR) Project# PRJ000210 November 2021 Project Description: This project will consist of furnishing an installing approximately 115,000 square yards of hot-in-place asphalt recycling, edge milling, adjustment of water valves and manholes, tree pruning, traffic control and miscellaneous striping. Purpose: The purpose of this project is to maintain high Pavement Condition Indices (PCI) by Hot-In-Place asphalt recycling within the City Street Maintenance Program Project Manager: Joel Weaver Engineer: KPA Contractor: Cutler repaving Phase Start Finish Status / Comments Preliminary Engineering 10/ 2020 1/ 2021 ROW / Easements N/A N/A Bid / Award Bid # Bid 4-22 $1,662,185.20 TBD Total cost / Sq. Yd 2021 $14.45 (2020 $13.88) Construction TBD TBD Pavement marking and punch list completion underway Post Construction Page 17 of 91 Page 18 of 91 City of Georgetown, Texas Transportation Advisory Board November 12, 2021 S UB J E C T: Airport Monthly R eport – Eric Johnson, P ublic Works Director IT E M S UMMARY: Airport Reports: o F uel S ales and O perations R eport o Hangar / Tie-Down Lease R eport o F Y 2022 Ac complishments and P rojec ts F IN AN C IAL IMPAC T: None S UB MIT T E D B Y: Debbie Jolly, Airport Bus iness C oordinator AT TAC H ME N T S: Description Type Airport Cover Sheet Cover Memo Airport Fuel Sales & Operations Report-October 2021 Backup Material FY22 Projects and Accomplis hments Backup Material Page 19 of 91 GTAB Meeting Date: November 12, 2021 Item No. AGENDA ITEM COVER SHEET _____________________________________________________________________________________________________________________ SUBJECT: Airport Monthly Report – Eric Johnson, Public Works Director ____________________________________________________________________________________________________________________ ITEM SUMMARY: Airport Reports: o Fuel Sales and Operations Report o Hangar / Tie-Down Lease Report o FY 2022 Accomplishments and Projects STAFF RECOMMENDATION: None FINANCIAL IMPACT: None COMMENTS: None ATTACHMENTS: Submitted By: Debbie Jolly, Airport Business Coordinator Jeff Belding Interim Airport Manager Eric Johnson Public Works Director Page 20 of 91 Georgetown Municipal Airport Fuel Sales and Airport Tower Operations Update For Month of October 2021 YEAR TO DATE YEAR TO DATE FY 2021 FY 2022 FY 2021 FY 2022 GALLONS % AVGAS 37,668 33,016 37,668 33,016 (4,652)-12.4% JET A 42,332 56,915 42,332 56,915 14,583 25.6% TOTALS 80,000 89,931 80,000 89,931 9,931 11.0% FUEL REPORT FOR MONTH OF OCTOBER GALLONS SOLD FOR MONTH CHANGE PREVIOUS/CURRENT YRTYPE OF FUEL Factors affecting general aviation avgas fuel sales are weather such as rain, high wind, and low cloud ceiling/visibility. Also, fuel prices are $1.00/gallon higher than this time last year. YEAR TO DATE YEAR TO DATE FY 2021 FY 2022 COUNT %FY 2021 FY 2022 COUNT % IFR 991 1013 22 2%991 1013 22 2.2% VFR 4199 4095 -104 -3%4199 4095 -104 -2.5% LOCAL 6142 5906 -236 -4%6142 5906 -236 -4.0% TOTALS 11332 11014 -318 -2.9%11332 11014 -318 -2.9% KGTU OPERATIONS FOR THE MONTH OF OCTOBER TAKEOFF/L ANDING MONTHLY NUMBERS PREVIOUS/CURRENT YR PREVIOUS/CURRENT YR This does not include flyover operations (i.e. handoffs from ABIA approach/departure control to KGTU tower then onto the next ATC). Page 21 of 91 GTU Airport FY 2022 Current Projects Upgrade to bi-fold door drive motors in Hangars BB & CC - In progress Install roller poppers in Hangar I - In progress, 50% complete Convert lights in Hangars E, F, and G to LED - In progress ITB for new fuel contract - Scoring complete, waiting for results RFP for Market Rate Analysis and Lease Term Length Study - Working with purchasing to initiate the process Virtower, LLC Aircraft monitoring system - Working with IT to purchase this device. The new device will allow for real time operational counts as well as Based Aircraft Inventory, and Noise Mitigation tools. Maintenance Building - Facilities is leading this project, currently they are working with legal and the consultant, GarverUSA, to develop a contract. The building will be designed by GarverUSA, and then put out for ITB/RFP/RFQ for construction. $750,000 budget, $700,000 of which is bond funded. Accomplishments On October 26, 2021, City Council approved a resolution amending the naming of the Georgetown Municipal Airport to the Georgetown Executive Airport at Johnny Gantt Field Installed gate on Southwest corner of Airport. Planned Projects Update tower communications equipment. Replace HVAC unit in CTA sheet metal shop. Spray seal Runway 11/29. Spray seal asphalt pavement at north side of AeroJet Center hangar. Spray seal asphalt pavement at Hangars H, I, and J. Page 22 of 91 Install cattle guard at south gate. Install decorative rock around AST and oil recovery tank fences. Replace window shades in Tower Cab. Install Tower alarm when ATC voice recorder is inoperable. Repaint parking spaces and tie-down T’s Page 23 of 91 City of Georgetown, Texas Transportation Advisory Board November 12, 2021 S UB J E C T: C onsideration and pos s ible ac tion to approve the O c tober 8, 2021 minutes of the G eorgetown Transportation Advisory Board. -- Danielle Dutra, Board Liaison IT E M S UMMARY: C onsideration and pos s ible ac tion to approve the O c tober 8, 2021 minutes of the G eorgetown Transportation Advisory Board. F IN AN C IAL IMPAC T: . S UB MIT T E D B Y: Danielle Dutra, Board Liais on AT TAC H ME N T S: Description Type GTAB Minutes 10.8.21 Backup Material Page 24 of 91 Board Members Present: John Hesser, Robert Redoutey, Alfred Hajka, George (Jerry) McCulley, & Jake French Board Members Absent: Michael Miles, James Hougnon & Amanda Parr Staff Present: Eric Johnson, Nathan Parras, Wesley Wright, Wayne Nero, Cindy Medrano, Sheila Mitchell, Danielle Dutra, Katherine Clayton, Chris Pousson, Will Parrish, & Aaron St. Pierre Others Present: Larry Brundige, Hugh (Carl) Norris, True Sutter, Derek Mauo, Jonathan Tronson, & Felix Boston Regular Session A. Call to Order: Meeting called to order by Chair John Hesser at 9:58am Georgetown Transportation Advisory Board may, at any time, recess the Regular Session to Convene an Executive Session at the request of the Chair, a Board Member, The City Manager, Assistant City Manager, General Manager of Utilities, City Council Member, or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551, and are subject to action in the Regular Session that follows. B. Introduction of Visitors: All board members, visitors, and staff were introduced. C. Public Wishing to Address the Board On a subject not posted on the agenda: Persons may add an item to a future Regular scheduled Board agenda by filing a written request with the Staff Liaison no later than one week prior to the Board meeting. The request must include the speaker’s name and the specific topic to be addressed with sufficient information to inform the board and the public. Only those persons who have submitted a timely request will be allowed to speak. For Board Liaison contact information, please logon to http://georgetown.org/boardsandcommissions At the time of this posting, no persons had signed up to address the Board. Minutes of the Meeting of the Georgetown Transportation Advisory Board and the Governing Body of the City of Georgetown, Texas October 8, 2021 Page 25 of 91 D. September 2021 Financial Overview of Airport Fund and Budget Report Workshop – Nathan Parras, Assistant Finance Director • Parras provided the board with the September financial overview related to the airport. • Board had clarifying question on FY21 budget overage, which Parras addressed. • Board Chair, Hesser, requested that aviation fuel expense totals continue to be addressed in the FY22 airport financial reports to include encumbrances. • Parras presented to the board an overview of the City of Georgetown accounting system, Workday, including expenses, revenues, and reporting related to the airport. E. October 2021 GTAB Updates – Wesley Wright, P.E., Systems Engineering Director/ Chris Pousson, CIP Manager • Wright provided the board with transportation updates throughout the City of Georgetown. • Board Chair, Hesser, via Vice Chair, Miles, (absent during this meeting) asked what the level of design effort is for D.B. Woods road? Wright stated that design is in the infancy stages, not yet reaching thirty (30) percent complete. • Board questioned the traffic signal at the entrance of Sun City at Williams Drive & Del Webb Blvd. Is there an option for this to be a flashing yellow light? Wright stated that it is safest for the light to remain red due to prior accident history. • Board asked clarifying question regarding potential change orders on current signal improvement projects. Wright clarified that change orders would only be needed if temporary signals need to be installed due to a delay in material, specifically mast arms needed for permanent signals. Page 26 of 91 F. Airport Monthly Report – Eric Johnson, Public Works Director • Johnson provided the board with the monthly airport update. • Johnson informed the board that Jeff Belding has been selected as Interim Airport Manager. • Board questioned what is entailed in the RFP for Market Rate Analysis and Lease Term Length Study. Johnson stated that the study will be done to determine the fare market rates on hangers that have reverted to the airport at the end of a thirty (30) year lease. • Board asked a further clarifying question on lease length. Can you have a ten (10) or twenty (20) year lease? Johnson will work to find the legal answer to this question. • Board has requested that the questions asked during the RFP for Market Rate Analysis and the Lease Term Length Study be provided to them. • There were three (3) statements submitted for this item. The written statement is attached to the minutes. Note, Brundige allocated his three (3) minutes to Norris. Legislative Regular Agenda G. Consideration and possible action to approve the September 10, 2021, minutes of the Georgetown Transportation Advisory Board – Danielle Dutra, Board Liaison • MOTION by Redoutey, second by French. APPROVED unanimously 5- 0-3 Miles, Hougnon & Parr Absent H. Consideration and possible action to recommend approval of Task Order KPA- 22-001 for professional engineering design services for FY22 Street Maintenance, Sidewalks, and Curb and Gutter improvements with Kasberg Patrick & Associates of Georgetown, Texas in the amount of $713,250.00 – Wesley Wright, PE, Systems Engineering Director/Chris Pousson, CIP Manager. • Board asked what the average grade on streets is? Wright stated that the average grade is 85.5 to 85.6 on a 100 scale. • Board asked how sidewalk maintenance is assessed and prioritized? Wright stated that the Sidewalk Master Plan was created in 2015, identifying priority one (1), two (2), and three (3) sidewalks, roadways, and Page 27 of 91 intersections. These priorities focus on where the most pedestrians and biggest risks are. Additional information on sidewalk priority can be found on georgetown.org. • MOTION by French, second by Hajka. APPROVED unanimously 5-0-3 Miles, Hougnon & Parr Absent. I. Consideration and possible action to award a contract to DeNucci Contractors, LLC of Austin, Texas for the construction of the Williams Drive @ Lakeway intersection improvements in the amount of $1,448,918.00 -- Wesley Wright, PE, Systems Engineering Director/Chris Pousson, CIP Manager. • MOTION by McCulley, second by French. APPROVED unanimously 5- 0-3 Miles, Hougnon & Parr Absent. J. Consideration and possible action to recommend the purchase of a 2021 John Deere 325G track loader from RDO Equipment Company, of Pflugerville Texas from the John Deere Sourcewell Contract #032515-JDC in the amount of $60,991.00 -- Eric Johnson, Public Works Director. • MOTION by Redoutey, second by Hajka. APPROVED 4-1-3 French opposed, Miles, Hougnon & Parr Absent. Adjournment • MOTION by Hajka, second by French. APPROVED unanimously 5-0-3 Miles, Hougnon & Parr Absent The meeting adjourned at 11:03 AM John Hesser - Chair Robert Redoutey – Secretary Danielle Dutra – GTAB Board Liaison Page 28 of 91 Page 29 of 91 Page 30 of 91 Page 31 of 91 City of Georgetown, Texas Transportation Advisory Board November 12, 2021 S UB J E C T: C onsideration and pos s ible ac tion to rec ommend approval of a Texas Department of Transportation Grant (21C R GE OR G) to prevent, prepare for, and res pond to coronavirus in the amount of $23,000. – Eric Johns on, P ublic Works Direc tor IT E M S UMMARY: T he C ity of G eorgetown has submitted to the S tate an Airports C oronavirus R es ponse G rant P rogram (herein c alled “AC R G P ”) on May 20, 2021. T he p urpose of this G rant is to p revent, p rep are fo r, and res p o nd to c o ro navirus . F unds provid ed under this G rant mus t o nly be used fo r purp o s es direc tly related to the airp o rt and s hall b e provid ed to s uc h covered airport us ing this G rant whic h includ e the terms , conditions , and as s urances in the G rant attac hed hereto. S uc h purposes can include the reimbursement of an airport’s c os ts related to operations , pers onnel, cleaning, s anitization, janitorial s ervic es , and c o mb ating the s pread of pathogens in acc o rd anc e with the limitations p res cribed in the Act and inc urred no earlier than January 20, 2020. T his G rant als o may be used to reimburs e the C ity of G eorgetown’s payment of d eb t service where s uc h p ayments oc c ur on or after Dec ember 27, 2020. F unds provid ed und er this G rant will b e governed by the s ame p rinc ip les that govern “airport revenue”. Expens es incurred by the C ity of G eorgetown on or after Dec emb er 27, 2020 to s upport F ederal C ontrac t Tower operatio ns such as payroll, utilities, cleaning, s anitization, janitorial s ervic es , service contrac ts, and combating the s p read of pathogens, whic h may inc lude items generally having a limited useful life, inc luding pers onal protec tive equipment and c leaning s upplies, as well as debt service payments. F IN AN C IAL IMPAC T: Eligible expend itures have been ap p ro ved in the Airport O perating Bud get. All reimburs ements are applied to airport revenues. S UB MIT T E D B Y: Danielle Dutra AT TAC H ME N T S: Description Type 21CRGEORG Cover Sheet Cover Memo 21CRGEORG Grant Agreement Backup Material Page 32 of 91 Georgetown Transportation and Advisory Board (GTAB) Meeting Date: November 12, 2021 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to approve a Texas Department of Transportation Grant (21CRGEORG) to prevent, prepare for, and respond to coronavirus in the amount of $23,000. – Eric Johnson, Public Works Director ITEM SUMMARY: The City of Georgetown has submitted to the State an Airports Coronavirus Response Grant Program (herein called “ACRGP”) on May 20, 2021. The purpose of this Grant is to prevent, prepare for, and respond to coronavirus. Funds provided under this Grant must only be used for purposes directly related to the airport and shall be provided to such covered airport using this Grant which include the terms, conditions, and assurances in the Grant attached hereto. Such purposes can include the reimbursement of an airport’s costs related to operations, personnel, cleaning, sanitization, janitorial services, and combating the spread of pathogens in accordance with the limitations prescribed in the Act and incurred no earlier than January 20, 2020. This Grant also may be used to reimburse the City of Georgetown’s payment of debt service where such payments occur on or after December 27, 2020. Funds provided under this Grant will be governed by the same principles that govern “airport revenue”. Expenses incurred by the City of Georgetown on or after December 27, 2020 to support Federal Contract Tower operations such as payroll, utilities, cleaning, sanitization, janitorial services, service contracts, and combating the spread of pathogens, which may include items generally having a limited useful life, including personal protective equipment and cleaning supplies, as well as debt service payments. FINANCIAL IMPACT: Eligible expenditures have been approved in the Airport Operating Budget. All reimbursements are applied to airport revenues. ATTACHMENTS: Grant Submitted By: EJ Page 33 of 91 Page 1 of 19    TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM GRANT AGREEMENT PART I – OFFER Offer Date June 11, 2021 Airport Georgetown Municipal Airport CARES Grant Number 21CRGEORG Unique Entity Identifier 089592372 TO: City of Georgetown,Texas (herein called the “Sponsor”) FROM: The State of Texas, acting through the Texas Department of Transportation (herein called the “State”) WHEREAS, the Sponsor has submitted to the State an Airports Coronavirus Response Grant Program (herein called “ACRGP”) Application dated May 20, 2021, for a grant of Federal funds at or associated with Georgetown Municipal Airport; which is included as part of this ACRGP Grant Agreement, (herein called the “Grant”); 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 City of Georgetown, Texas, (herein called the "Sponsor"). WHEREAS, City of Georgetown has accepted the terms of the State’s Grant offer; WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor, the State has approved the Grant Application for Georgetown Municipal Airport consisting of the following: WHEREAS, the purpose of this Grant is to prevent, prepare for, and respond to coronavirus. Funds provided under this Grant must only be used for purposes directly related to the airport and shall be provided to such covered airport using this Grant which include the terms, conditions, and assurances attached hereto. Such purposes can include the reimbursement of an airport’s costs related to operations, personnel, cleaning, sanitization, janitorial services, and combating the spread of pathogens in accordance with the limitations prescribed in the Act and incurred no earlier than January 20, 2020. This Grant also may be used to reimburse a Sponsor’s payment of debt service where such payments occur on or after December 27, 2020. Funds provided under this Grant will be governed by the same principles that govern “airport revenue.” New airport development projects not directly related to combatting the spread of pathogens may not be funded with this Grant. NOW THEREFORE, in accordance with the applicable provisions of the CRRSA Act, Public Law 116-260, the representations contained in the ACRGP Request for Funding, and in consideration of (a) the Sponsor’s acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Grant and in compliance with the Page 34 of 91 Page 2 of 19    conditions as herein provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE STATE OF TEXAS, HEREBY OFFERS AND AGREES to pay 100% percent of the allowable costs incurred as a result of and in accordance with this Grant. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is. The following amount represents the calculation of the maximum total obligation available under the provisions of the CRRSA Act, provided to the Sponsor according to CRRSA Act formulas: $23,000 2. Period of Performance. The period of performance shall commence on the date the Sponsor formally accepts this Grant. The end date of the period of performance is June 6, 2025. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR § 200.309). Unless the State authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR § 200.343). The period of performance end date shall not affect, relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant. 3. Unallowable Costs. The Sponsor shall not seek reimbursement for any costs that the State has determined to be unallowable under ACRGP. 4. Final Federal Share of Costs. The United States’ share of allowable Grant costs is 100%. 5. Completing the Grant without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the Grant without undue delays and in accordance with this Grant, the CRRSA Act, and the regulations, policies, standards and procedures of the Secretary of Transportation (“Secretary”). Pursuant to 2 CFR § 200.308, the Sponsor agrees to report to the State any disengagement from funding eligible expenses under the Grant that exceeds three months and request prior approval from State. The report must include a reason for the stoppage. The Sponsor agrees to comply with the attached assurances, which are part of this Grant and any addendum that may be attached hereto at a later date by mutual consent. 6. Amendments or Withdrawals before Grant Acceptance. The State reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 7. Offer Expiration Date. This offer will expire and the State will not be obligated to pay any part of the costs unless this offer has been accepted by the Sponsor on or before April 1, 2025, or such subsequent date as may be prescribed in writing by the State. 8. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner, including uses that violate this Grant, the Page 35 of 91 Page 3 of 19    CRRSA Act or other provision of applicable law. For the purposes of this Grant, the term “Federal funds” means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement(s). The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the State. The Sponsor must furnish to the State, upon request, all documents and records pertaining to the determination of the amount of the Federal share 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 Federal share require advance approval by the State. 9. State of Texas Not Liable for Damage or Injury. The State is not responsible or liable for damage to property or injury to persons which may arise from, or relate to this Grant, including, but not limited to, any action taken by the Sponsor related to or arising from, directly or indirectly, this Grant. 10. Electronic Grant Payment(s). The Sponsor must use the eGrants system to electronically submit each pay request, and associated support documentation. The State will provide payment request forms to upload with supporting documentation. The State will review invoices manually to ensure payment eligibility and is committed to processing payments in a timely manner. 11. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 12. Buy American. Unless otherwise approved in advance by the State, in accordance with 49 U.S.C. § 50101 the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any permitted use for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract under this Grant. 13. Audits for Private Sponsors. When the period of performance has ended, the Sponsor must provide a copy of an audit of this Grant prepared in accordance with accepted standard audit practices, such audit to be submitted to the State. 14. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. Upon request of the State, the Sponsor shall provide one copy of the completed audit to the State. 15. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR § 180.200, the Sponsor must: A. Verify the non-Federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting the entity is not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm is not excluded or disqualified from participating. B. Require prime contractors and subcontractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions (e.g. sub-contracts). C. Immediately disclose to the State whenever the Sponsor (1) learns the Sponsor has entered Page 36 of 91 Page 4 of 19    into a covered transaction with an ineligible entity, or (2) suspends or debars a contractor, person, or entity. 16. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to this Grant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all contracts and subcontracts. 17. Trafficking in Persons. A. The Sponsor, as the recipient, and the Sponsor’s employees, under this award, may not — 1. Engage in severe forms of trafficking in persons during the period of time this Grant is in effect; 2. Procure a commercial sex act during the period of time that the award is in effect; or 3. Use forced labor in the performance of the Grant. B. The State as the awarding agency may unilaterally terminate this award, without penalty, if a Sponsor that is a private entity – 1. Is determined to have violated a prohibition in paragraph A of this Grant term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A of this Grant term through conduct that is either— a. Associated with performance under this award; or b. Assigned to the Sponsor using the standards and due process for directing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),”as implemented by the FAA at 2 CFR Part 1200. 3. The Sponsor must inform the State immediately of any information received from any source alleging a violation of a prohibition in paragraph A during this Grant term. 4. The State’s right to terminate unilaterally that is described in paragraph A of this section: a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and Page 37 of 91 Page 5 of 19    b. Is in addition to all other remedies for noncompliance that are available to the FAA and State under this Grant. 18. Employee Protection from Reprisal. A. Prohibition of Reprisals – 1. In accordance with 41 U.S.C. § 4712, an employee of the Sponsor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (A)(2), information that the employee reasonably believes is evidence of: a. Gross mismanagement of a Federal grant; b. Gross waste of Federal funds; c. An abuse of authority relating to implementation or use of Federal funds; d. A substantial and specific danger to public health or safety; or e. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: a. A member of Congress or a representative of a committee of Congress; b. An Inspector General; c. The Government Accountability Office; d. A Federal office or employee responsible for oversight of a grant program; e. A court or grand jury; f. A management office of the Sponsor; or g. A Federal or State regulatory enforcement agency. 3. Submission of Complaint – A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint - A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General – Actions, limitations, and exceptions of the Inspector General’s office are established under 41 U.S.C. § 4712(b). 6. Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c). 19. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the terms of any Federal grant agreement(s), including all terms and assurances related thereto, that have been entered into by the Sponsor and the State prior to the date of this Grant. 20. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the State and Sponsor fail to comply with this requirement, the State may suspend, cancel, or terminate this Agreement. 21. Face Coverings Policy. The Sponsor agrees to implement a face-covering (mask) policy to combat the spread of pathogens. This policy must include a requirement that all persons wear a mask, in accordance with Centers for Disease Control (CDC) guidelines and Transportation Security Administration (TSA) requirements, as applicable, at all times while in all public areas of the Airport property, except to the extent exempted under those requirements. This special Page 38 of 91 Page 6 of 19    condition requires the airport Sponsor continue to require masks until Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel, is no longer effective. SPECIAL CONDITIONS FOR USE OF ACRGP FUNDS CONDITIONS FOR ROLLING STOCK/EQUIPMENT - 1. Equipment or Vehicle Replacement. The Sponsor agrees to treat the proceeds from the trade-in or sale of equipment being replaced with these funds as airport revenue. 2. Equipment Acquisition. The Sponsor agrees that for any equipment acquired with funds provided by this grant, such equipment shall be used solely for purposes directly related to the Airport. 3. Low Emission Systems. The Sponsor agrees that vehicles and equipment acquired using funds provided under this Grant: a. Will be maintained and used at the Airport for which they were purchased; and b. Will not be transferred, relocated, or used at another airport without the advance consent of the State. The Sponsor further agrees to maintain annual records on individual vehicles and equipment, project expenditures, cost effectiveness, and emission reductions. CONDITIONS FOR UTILITIES AND LAND - 1. Utilities Proration. For purposes of computing the Sponsor’s share of the allowable airport operations and maintenance costs, the allowable cost of utilities incurred by the Sponsor, as applicable, to operate and maintain airport(s) included in this Grant must not exceed the percent attributable to the capital or operating costs of the airport. 2. Utility Relocation in Grant. The Sponsor understands and agrees, that: a. The State will not participate in the cost of any utility relocation unless and until the Sponsor, has submitted evidence satisfactory to the State, that the Sponsor is legally responsible for payment of such costs; b. State participation is limited to those utilities located on-airport or off-airport only where the Sponsor has an easement for the utility; and c. The utilities must serve a purpose directly related to the Airport for which the Grant is made. 3. Land Acquisition. Where funds provided for by this Grant used for the purpose of acquiring land, the State agrees and will require the Sponsor agree to record the Grant, including the grant assurances and any and all related requirements, encumbrances, and restrictions that shall apply to such land, in the public land records of the jurisdiction in which the land is located. Page 39 of 91 Page 7 of 19    SPECIAL CONDITIONS FOR SPECIFIC ACRGP FUNDING- TOWER CONDITION FOR FAA FEDERAL CONTRACT TOWERS FUNDS – 1. ACRGP FCT Operations. The Sponsor agrees to use the funds in this Grant allocated specifically to cover lawful expenses to support Federal Contract Tower operations in accordance with the CRRSA Act, Public Law 116-260, Division M, Title IV. Use of these funds is limited to the following: a. expenses incurred by the Sponsor on or after December 27, 2020 to support Federal Contract Tower operations such as payroll, utilities, cleaning, sanitization, janitorial services, service contracts, and combating the spread of pathogens, which may include items generally having a limited useful life, including personal protective equipment and cleaning supplies, as well as debt service payments; and b. eligible equipment for Federal Contract Tower operations defined in FAA Reauthorization Program Guidance Letter 19-02, Appendix A: FCT Minimum Equipment List, acquired on or after December 27, 2020. The Sponsor may not use funds allocated for Federal Contract Tower operations for other airport purposes. The Sponsor agrees to submit invoices for reimbursement for these funds separately from other invoices for funds provided in this Grant. Funds not expended under this condition are subject to recovery by FAA. Page 40 of 91 Page 8 of 19    PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Grant Application and incorporated materials referred to in the foregoing Offer under Part II of this Agreement, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Grant Application. The Sponsor understands funding made available under this Grant may only be used to reimburse for airport operational and maintenance expenses, and debt service payments. The Sponsor further understands it may submit a separate request to use funds for new airport/project development purposes, subject to additional terms, conditions, and assurances. Further, the Grant constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. I declare under penalty of perjury that the foregoing is true and correct. Dated: _______________________ City of Georgetown,Texas City of Georgetown,Texas (Signature of Sponsor’s Authorized Official) By: (Typed Name of Sponsor’s Authorized Official) Title: (Title of Sponsor’s Authorized Official Page 41 of 91 Page 9 of 19    The Sponsor’s acceptance of this Offer and ratification and adoption of the Grant Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the ACRGP, constituting the contractual obligations and rights of the State and the Sponsor with respect to the accomplishment of the grant application and compliance with the assurances and conditions as provided herein. Such Grant shall become effective upon the Sponsor’s acceptance of this Offer. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION (Signature) (Typed Name) (Title) Page 42 of 91 Page 10 of 19    AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM (ACRGP) ASSURANCES AIRPORT SPONSORS A. General. 1. These Airport Coronavirus Relief Grant Program (ACRGP) Assurances are required to be submitted as part of the application by sponsors requesting funds under the provisions of the Coronavirus Relief and Relief Supplemental Appropriations Act of 2020 (CRRSA Act or “the Act”), Public Law Number, Public Law 116-260. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 2. Upon acceptance of the sponsor, these assurances are incorporated into and become part of this Grant Agreement. B. Sponsor Certification. The Sponsor hereby assures and certifies, with respect to this ACRGP Grant that: It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this ACRGP Grant including but not limited to the following: FEDERAL LEGISLATION a. 49 U.S.C. Chapter 471, as applicable b. Davis-Bacon Act - 40 U.S.C. 276(a), et. seq. c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.C. 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq. f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). Page 43 of 91 Page 11 of 19    p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et seq. s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373. t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. u. Copeland Anti-kickback Act - 18 U.S.C. 874.1. v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. 2 y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). EXECUTIVE ORDERS a. Executive Order 11246 - Equal Employment Opportunity b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 - Flood Plain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction f. Executive Order 12898 - Environmental Justice g. Executive Order 14005 - Ensuring the Future Is Made in All of America by All of America’s Workers. FEDERAL REGULATIONS a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3, 4 c. 2 CFR Part 1200 - Nonprocurement Suspension and Debarment. d. 28 CFR Part 35 - Discrimination on the Basis of Disability in State and Local Government Services. e. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. f. 29 CFR Part 1 - Procedures for predetermination of wage rates. 1 g. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States. 1 Page 44 of 91 Page 12 of 19    h. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering Federally financed and assisted construction (also labor standards provisions applicable to non- construction contracts subject to the Contract Work Hours and Safety Standards Act). 1 i. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally assisted contracting requirements). 1 j. 49 CFR Part 20 - New restrictions on lobbying. k. 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. l. 49 CFR Part 23 - Participation by Disadvantaged Business Enterprise in Airport Concessions. m. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. n. 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. 1 o. 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 32 - Government-wide Requirements for Drug-Free Workplace (Financial Assistance). r. 49 CFR Part 37 - Transportation Services for Individuals with Disabilities (ADA). s. 49 CFR Part 41 - Seismic Safety. FOOTNOTES TO ASSURANCE ACRGP ASSURANCE B.1. 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 4 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations, or circulars are incorporated by reference in this Grant Agreement. Page 45 of 91 Page 13 of 19    1. Purpose Directly Related to the Airport. It certifies that the reimbursement sought is for a purpose directly related to the Airport. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed grant; that an official decision has been made by 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. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed Grant and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Good Title. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the Airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. 4. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the Airport will continue to function as a public-use airport in accordance with this Grant Agreement. c. If an arrangement is made for management and 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 Title 49, United States Code, the regulations, and the terms and conditions of this Grant Agreement. 5. Consistency with Local Plans. Any project undertaken by this Grant Agreement is reasonably consistent with plans (existing at the time of submission of the ACGRP application or State subaward as applicable) of public agencies that are authorized by the Page 46 of 91 Page 14 of 19    State in which the project is located to plan for the development of the area surrounding the Airport. 6. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where any project undertaken by this Grant Agreement may be located. 7. Consultation with Users. In making a decision to undertake any airport development project undertaken by this Grant Agreement, it has undertaken reasonable consultations with affected parties using the Airport at which project(s) is/are proposed. 8. Pavement Preventative Maintenance. With respect to a project undertaken by this Grant Agreement for the replacement or reconstruction of pavement at the Airport, it 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, including ACRGP funds provided under this Grant Agreement. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 9. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all Grant accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the Grant in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the Grant supplied by other sources, and such other financial records pertinent to the Grant. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to the Grant in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 10. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. Page 47 of 91 Page 15 of 19    11. Veteran's Preference. It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 12. Operation and Maintenance. a. The Airport and all facilities which are necessary to serve the aeronautical users of the Airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the Airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the Airport for non- aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- 1) Operating the Airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the Airport. Nothing contained herein shall be construed to require that the Airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 13. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the Airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 14. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of Page 48 of 91 Page 16 of 19    the Airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. 15. Exclusive Rights. The sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant has been expended. However, providing services at an airport by only one fixed-based operator is not an exclusive right if— a. it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide the services; and b. allowing more than one fixed-based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the Airport. 16. Airport Revenues. a. This Grant shall be available for any purpose for which airport revenues may lawfully be used to prevent, prepare for, and respond to coronavirus. Funds provided under this ACRGP State Block Grant Agreement will only be expended for the capital or operating costs of the Airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the Airport(s) subject to this Agreement and all applicable addendums for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the Airport, and debt service payments as prescribed in the Act. b. For airport development, 49 U.S.C. § 47133 applies. 17. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the Airport budget in a format prescribed by the Secretary; b. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the Airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the Airport to other units of government and the amount of compensation received for provision of each such service and property. 18. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. Page 49 of 91 Page 17 of 19    19. Airport Layout Plan. a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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; 3) the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and 4) all proposed and existing access points used to taxi aircraft across the Airport’s property boundary. Such Airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the Airport layout plan. The sponsor will not make or permit any changes or alterations in the Airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the Airport. b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the Airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the Airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the Airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor. 20. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR Part 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other Federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities. 2. Facilities. Where it receives a grant or other Federal financial assistance to construct, Page 50 of 91 Page 18 of 19    expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance 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: 1. So long as the Airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests for Proposals for work, or material under this Grant and in all proposals for agreements, including airport concessions, regardless of funding source: “The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT Acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: A. For the subsequent transfer of real property acquired or improved under the applicable activity, grant, or program; and B. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, grant, or program. Page 51 of 91 Page 19 of 19    f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 21. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any activity that uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 22. Policies, Standards and Specifications. It will carry out any project funded under an Airport Coronavirus Relief Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated March 25, 2021, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 23. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the Airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 24. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this Agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 25. Acquisition Thresholds. The FAA deems equipment to mean tangible personal property having a useful life greater than one year and a per-unit acquisition cost equal to or greater than $5,000. Procurements by micro-purchase means the acquisition of goods or services for which the aggregate dollar amount does not exceed $10,000, unless authorized in accordance with 2 CFR § 200.320. Procurement by small purchase procedures means those relatively simple and informal procurement methods for securing goods or services that do not exceed the $250,000 threshold for simplified acquisitions. Page 52 of 91 City of Georgetown, Texas Transportation Advisory Board November 12, 2021 S UB J E C T: C onsideration and p o s s ib le actio n to recommend ap p ro val of a T exas Department of Transportation Grant (21T WGE OR G) to prevent, prepare for, and res pond to coronavirus in the amount of $34,162. – Eric Johnson, P ublic Works Director IT E M S UMMARY: T he C ity of G eorgetown has submitted to the S tate an Airports C oronavirus R es ponse G rant P rogram (herein c alled “AC R G P ”) on May 20, 2021. T he p urpose of this G rant is to p revent, p rep are fo r, and res p o nd to c o ro navirus . F unds provid ed under this G rant mus t o nly be used fo r purp o s es direc tly related to the airp o rt and s hall b e provid ed to s uc h covered airport us ing this G rant whic h includ e the terms , conditions , and as s urances in the G rant attac hed hereto. S uc h purposes can include the reimbursement of an airport’s c os ts related to operations , pers onnel, cleaning, s anitization, janitorial s ervic es , and c o mb ating the s pread of pathogens in acc o rd anc e with the limitations p res cribed in the Act and inc urred no earlier than January 20, 2020. T his G rant als o may be used to reimburs e the C ity of G eorgetown’s payment of d eb t service where s uc h p ayments oc c ur on or after Dec ember 27, 2020. F unds provid ed und er this G rant will b e governed by the s ame p rinc ip les that govern “airport revenue”. Expens es incurred by the C ity of G eorgetown on or after Dec emb er 27, 2020 to s upport F ederal C ontrac t Tower operatio ns such as payroll, utilities, cleaning, s anitization, janitorial s ervic es , service contrac ts, and combating the s p read of pathogens, whic h may inc lude items generally having a limited useful life, inc luding pers onal protec tive equipment and c leaning s upplies, as well as debt service payments. F IN AN C IAL IMPAC T: Eligible expend itures have been ap p ro ved in the Airport O perating Bud get. All reimburs ements are applied to airport revenues. S UB MIT T E D B Y: Danielle Dutra AT TAC H ME N T S: Description Type 21TWGEORG Grant Cover Sheet Cover Memo 21TWGEORG Grant Agreement Backup Material Page 53 of 91 Georgetown Transportation and Advisory Board (GTAB) Meeting Date: November 12, 2021 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to approve a Texas Department of Transportation Grant (21TWGEORG) to prevent, prepare for, and respond to coronavirus in the amount of $34,162. – Eric Johnson, Public Works Director ITEM SUMMARY: The City of Georgetown has submitted to the State an Airports Coronavirus Response Grant Program (herein called “ACRGP”) on May 20, 2021. The purpose of this Grant is to prevent, prepare for, and respond to coronavirus. Funds provided under this Grant must only be used for purposes directly related to the airport and shall be provided to such covered airport using this Grant which include the terms, conditions, and assurances in the Grant attached hereto. Such purposes can include the reimbursement of an airport’s costs related to operations, personnel, cleaning, sanitization, janitorial services, and combating the spread of pathogens in accordance with the limitations prescribed in the Act and incurred no earlier than January 20, 2020. This Grant also may be used to reimburse the City of Georgetown’s payment of debt service where such payments occur on or after December 27, 2020. Funds provided under this Grant will be governed by the same principles that govern “airport revenue”. Expenses incurred by the City of Georgetown on or after December 27, 2020 to support Federal Contract Tower operations such as payroll, utilities, cleaning, sanitization, janitorial services, service contracts, and combating the spread of pathogens, which may include ite ms generally having a limited useful life, including personal protective equipment and cleaning supplies, as well as debt service payments. FINANCIAL IMPACT: Eligible expenditures have been approved in the Airport Operating Budget. All reimbursements are applied to airport revenues. ATTACHMENTS: Grant Submitted By: EJ Page 54 of 91 Page 1 of 19    TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM GRANT AGREEMENT PART I – OFFER Offer Date June 11, 2021 Airport Georgetown Municipal Airport CARES Grant Number 21TWGEORG Unique Entity Identifier 089592372 TO: City of Georgetown,Texas (herein called the “Sponsor”) FROM: The State of Texas, acting through the Texas Department of Transportation (herein called the “State”) WHEREAS, the Sponsor has submitted to the State an Airports Coronavirus Response Grant Program (herein called “ACRGP”) Application dated May 20, 2021, for a grant of Federal funds at or associated with Georgetown Municipal Airport; which is included as part of this ACRGP Grant Agreement, (herein called the “Grant”); 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 City of Georgetown, Texas, (herein called the "Sponsor"). WHEREAS, City of Georgetown has accepted the terms of the State’s Grant offer; WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor, the State has approved the Grant Application for Georgetown Municipal Airport consisting of the following: WHEREAS, the purpose of this Grant is to prevent, prepare for, and respond to coronavirus. Funds provided under this Grant must only be used for purposes directly related to the airport and shall be provided to such covered airport using this Grant which include the terms, conditions, and assurances attached hereto. Such purposes can include the reimbursement of an airport’s costs related to operations, personnel, cleaning, sanitization, janitorial services, and combating the spread of pathogens in accordance with the limitations prescribed in the Act and incurred no earlier than January 20, 2020. This Grant also may be used to reimburse a Sponsor’s payment of debt service where such payments occur on or after December 27, 2020. Funds provided under this Grant will be governed by the same principles that govern “airport revenue.” New airport development projects not directly related to combatting the spread of pathogens may not be funded with this Grant. NOW THEREFORE, in accordance with the applicable provisions of the CRRSA Act, Public Law 116-260, the representations contained in the ACRGP Request for Funding, and in consideration of (a) the Sponsor’s acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Grant and in compliance with the Page 55 of 91 Page 2 of 19    conditions as herein provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE STATE OF TEXAS, HEREBY OFFERS AND AGREES to pay 100% percent of the allowable costs incurred as a result of and in accordance with this Grant. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is. The following amount is provided to Georgetown Municipal Airport named for the purposes expressly identified in the Special Grant Condition for FAA Federal Contract Tower funds included in this Agreement: $34,162 2. Period of Performance. The period of performance shall commence on the date the Sponsor formally accepts this Grant. The end date of the period of performance is June 6, 2025. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR § 200.309). Unless the State authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR § 200.343). The period of performance end date shall not affect, relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant. 3. Unallowable Costs. The Sponsor shall not seek reimbursement for any costs that the State has determined to be unallowable under ACRGP. 4. Final Federal Share of Costs. The United States’ share of allowable Grant costs is 100%. 5. Completing the Grant without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the Grant without undue delays and in accordance with this Grant, the CRRSA Act, and the regulations, policies, standards and procedures of the Secretary of Transportation (“Secretary”). Pursuant to 2 CFR § 200.308, the Sponsor agrees to report to the State any disengagement from funding eligible expenses under the Grant that exceeds three months and request prior approval from State. The report must include a reason for the stoppage. The Sponsor agrees to comply with the attached assurances, which are part of this Grant and any addendum that may be attached hereto at a later date by mutual consent. 6. Amendments or Withdrawals before Grant Acceptance. The State reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 7. Offer Expiration Date. This offer will expire and the State will not be obligated to pay any part of the costs unless this offer has been accepted by the Sponsor on or before April 1, 2025, or such subsequent date as may be prescribed in writing by the State. 8. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal Page 56 of 91 Page 3 of 19    antitrust statutes, or misused in any other manner, including uses that violate this Grant, the CRRSA Act or other provision of applicable law. For the purposes of this Grant, the term “Federal funds” means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement(s). The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the State. The Sponsor must furnish to the State, upon request, all documents and records pertaining to the determination of the amount of the Federal share 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 Federal share require advance approval by the State. 9. State of Texas Not Liable for Damage or Injury. The State is not responsible or liable for damage to property or injury to persons which may arise from, or relate to this Grant, including, but not limited to, any action taken by the Sponsor related to or arising from, directly or indirectly, this Grant. 10. Electronic Grant Payment(s). The Sponsor must use the eGrants system to electronically submit each pay request, and associated support documentation. The State will provide payment request forms to upload with supporting documentation. The State will review invoices manually to ensure payment eligibility and is committed to processing payments in a timely manner. 11. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 12. Buy American. Unless otherwise approved in advance by the State, in accordance with 49 U.S.C. § 50101 the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any permitted use for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract under this Grant. 13. Audits for Private Sponsors. When the period of performance has ended, the Sponsor must provide a copy of an audit of this Grant prepared in accordance with accepted standard audit practices, such audit to be submitted to the State. 14. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. Upon request of the State, the Sponsor shall provide one copy of the completed audit to the State. 15. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR § 180.200, the Sponsor must: A. Verify the non-Federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting the entity is not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm is not excluded or disqualified from participating. B. Require prime contractors and subcontractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions (e.g. sub-contracts). Page 57 of 91 Page 4 of 19    C. Immediately disclose to the State whenever the Sponsor (1) learns the Sponsor has entered into a covered transaction with an ineligible entity, or (2) suspends or debars a contractor, person, or entity. 16. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to this Grant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all contracts and subcontracts. 17. Trafficking in Persons. A. The Sponsor, as the recipient, and the Sponsor’s employees, under this award, may not — 1. Engage in severe forms of trafficking in persons during the period of time this Grant is in effect; 2. Procure a commercial sex act during the period of time that the award is in effect; or 3. Use forced labor in the performance of the Grant. B. The State as the awarding agency may unilaterally terminate this award, without penalty, if a Sponsor that is a private entity – 1. Is determined to have violated a prohibition in paragraph A of this Grant term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A of this Grant term through conduct that is either— a. Associated with performance under this award; or b. Assigned to the Sponsor using the standards and due process for directing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),”as implemented by the FAA at 2 CFR Part 1200. 3. The Sponsor must inform the State immediately of any information received from any source alleging a violation of a prohibition in paragraph A during this Grant term. 4. The State’s right to terminate unilaterally that is described in paragraph A of this section: a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and Page 58 of 91 Page 5 of 19    b. Is in addition to all other remedies for noncompliance that are available to the FAA and State under this Grant. 18. Employee Protection from Reprisal. A. Prohibition of Reprisals – 1. In accordance with 41 U.S.C. § 4712, an employee of the Sponsor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (A)(2), information that the employee reasonably believes is evidence of: a. Gross mismanagement of a Federal grant; b. Gross waste of Federal funds; c. An abuse of authority relating to implementation or use of Federal funds; d. A substantial and specific danger to public health or safety; or e. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: a. A member of Congress or a representative of a committee of Congress; b. An Inspector General; c. The Government Accountability Office; d. A Federal office or employee responsible for oversight of a grant program; e. A court or grand jury; f. A management office of the Sponsor; or g. A Federal or State regulatory enforcement agency. 3. Submission of Complaint – A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint - A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General – Actions, limitations, and exceptions of the Inspector General’s office are established under 41 U.S.C. § 4712(b). 6. Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c). 19. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the terms of any Federal grant agreement(s), including all terms and assurances related thereto, that have been entered into by the Sponsor and the State prior to the date of this Grant. 20. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the State and Sponsor fail to comply with this requirement, the State may suspend, cancel, or terminate this Agreement. 21. Face Coverings Policy. The Sponsor agrees to implement a face-covering (mask) policy to combat the spread of pathogens. This policy must include a requirement that all persons wear a mask, in accordance with Centers for Disease Control (CDC) guidelines and Transportation Security Administration (TSA) requirements, as applicable, at all times while in all public areas of the Airport property, except to the extent exempted under those requirements. This special Page 59 of 91 Page 6 of 19    condition requires the airport Sponsor continue to require masks until Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel, is no longer effective. SPECIAL CONDITIONS FOR USE OF ACRGP FUNDS CONDITIONS FOR ROLLING STOCK/EQUIPMENT - 1. Equipment or Vehicle Replacement. The Sponsor agrees to treat the proceeds from the trade-in or sale of equipment being replaced with these funds as airport revenue. 2. Equipment Acquisition. The Sponsor agrees that for any equipment acquired with funds provided by this grant, such equipment shall be used solely for purposes directly related to the Airport. 3. Low Emission Systems. The Sponsor agrees that vehicles and equipment acquired using funds provided under this Grant: a. Will be maintained and used at the Airport for which they were purchased; and b. Will not be transferred, relocated, or used at another airport without the advance consent of the State. The Sponsor further agrees to maintain annual records on individual vehicles and equipment, project expenditures, cost effectiveness, and emission reductions. CONDITIONS FOR UTILITIES AND LAND - 1. Utilities Proration. For purposes of computing the Sponsor’s share of the allowable airport operations and maintenance costs, the allowable cost of utilities incurred by the Sponsor, as applicable, to operate and maintain airport(s) included in this Grant must not exceed the percent attributable to the capital or operating costs of the airport. 2. Utility Relocation in Grant. The Sponsor understands and agrees, that: a. The State will not participate in the cost of any utility relocation unless and until the Sponsor, has submitted evidence satisfactory to the State, that the Sponsor is legally responsible for payment of such costs; b. State participation is limited to those utilities located on-airport or off-airport only where the Sponsor has an easement for the utility; and c. The utilities must serve a purpose directly related to the Airport for which the Grant is made. 3. Land Acquisition. Where funds provided for by this Grant used for the purpose of acquiring land, the State agrees and will require the Sponsor agree to record the Grant, including the grant assurances and any and all related requirements, encumbrances, and restrictions that shall apply to such land, in the public land records of the jurisdiction in which the land is located. Page 60 of 91 Page 7 of 19    SPECIAL CONDITIONS FOR SPECIFIC ACRGP FUNDING- TOWER CONDITION FOR FAA FEDERAL CONTRACT TOWERS FUNDS – 1. ACRGP FCT Operations. The Sponsor agrees to use the funds in this Grant allocated specifically to cover lawful expenses to support Federal Contract Tower operations in accordance with the CRRSA Act, Public Law 116-260, Division M, Title IV. Use of these funds is limited to the following: a. expenses incurred by the Sponsor on or after December 27, 2020 to support Federal Contract Tower operations such as payroll, utilities, cleaning, sanitization, janitorial services, service contracts, and combating the spread of pathogens, which may include items generally having a limited useful life, including personal protective equipment and cleaning supplies, as well as debt service payments; and b. eligible equipment for Federal Contract Tower operations defined in FAA Reauthorization Program Guidance Letter 19-02, Appendix A: FCT Minimum Equipment List, acquired on or after December 27, 2020. The Sponsor may not use funds allocated for Federal Contract Tower operations for other airport purposes. The Sponsor agrees to submit invoices for reimbursement for these funds separately from other invoices for funds provided in this Grant. Funds not expended under this condition are subject to recovery by FAA. Page 61 of 91 Page 8 of 19    PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Grant Application and incorporated materials referred to in the foregoing Offer under Part II of this Agreement, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Grant Application. The Sponsor understands funding made available under this Grant may only be used to reimburse for airport operational and maintenance expenses, and debt service payments. The Sponsor further understands it may submit a separate request to use funds for new airport/project development purposes, subject to additional terms, conditions, and assurances. Further, the Grant constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. I declare under penalty of perjury that the foregoing is true and correct. Dated: _______________________ City of Georgetown,Texas City of Georgetown,Texas (Signature of Sponsor’s Authorized Official) By: (Typed Name of Sponsor’s Authorized Official) Title: (Title of Sponsor’s Authorized Official Page 62 of 91 Page 9 of 19    The Sponsor’s acceptance of this Offer and ratification and adoption of the Grant Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the ACRGP, constituting the contractual obligations and rights of the State and the Sponsor with respect to the accomplishment of the grant application and compliance with the assurances and conditions as provided herein. Such Grant shall become effective upon the Sponsor’s acceptance of this Offer. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION (Signature) (Typed Name) (Title) Page 63 of 91 Page 10 of 19    AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM (ACRGP) ASSURANCES AIRPORT SPONSORS A. General. 1. These Airport Coronavirus Relief Grant Program (ACRGP) Assurances are required to be submitted as part of the application by sponsors requesting funds under the provisions of the Coronavirus Relief and Relief Supplemental Appropriations Act of 2020 (CRRSA Act or “the Act”), Public Law Number, Public Law 116-260. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 2. Upon acceptance of the sponsor, these assurances are incorporated into and become part of this Grant Agreement. B. Sponsor Certification. The Sponsor hereby assures and certifies, with respect to this ACRGP Grant that: It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this ACRGP Grant including but not limited to the following: FEDERAL LEGISLATION a. 49 U.S.C. Chapter 471, as applicable b. Davis-Bacon Act - 40 U.S.C. 276(a), et. seq. c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.C. 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq. f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). Page 64 of 91 Page 11 of 19    p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et seq. s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373. t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. u. Copeland Anti-kickback Act - 18 U.S.C. 874.1. v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. 2 y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). EXECUTIVE ORDERS a. Executive Order 11246 - Equal Employment Opportunity b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 - Flood Plain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction f. Executive Order 12898 - Environmental Justice g. Executive Order 14005 - Ensuring the Future Is Made in All of America by All of America’s Workers. FEDERAL REGULATIONS a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3, 4 c. 2 CFR Part 1200 - Nonprocurement Suspension and Debarment. d. 28 CFR Part 35 - Discrimination on the Basis of Disability in State and Local Government Services. e. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. f. 29 CFR Part 1 - Procedures for predetermination of wage rates. 1 g. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States. 1 Page 65 of 91 Page 12 of 19    h. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering Federally financed and assisted construction (also labor standards provisions applicable to non- construction contracts subject to the Contract Work Hours and Safety Standards Act). 1 i. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally assisted contracting requirements). 1 j. 49 CFR Part 20 - New restrictions on lobbying. k. 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. l. 49 CFR Part 23 - Participation by Disadvantaged Business Enterprise in Airport Concessions. m. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. n. 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. 1 o. 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 32 - Government-wide Requirements for Drug-Free Workplace (Financial Assistance). r. 49 CFR Part 37 - Transportation Services for Individuals with Disabilities (ADA). s. 49 CFR Part 41 - Seismic Safety. FOOTNOTES TO ASSURANCE ACRGP ASSURANCE B.1. 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 4 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations, or circulars are incorporated by reference in this Grant Agreement. Page 66 of 91 Page 13 of 19    1. Purpose Directly Related to the Airport. It certifies that the reimbursement sought is for a purpose directly related to the Airport. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed grant; that an official decision has been made by 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. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed Grant and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Good Title. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the Airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. 4. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the Airport will continue to function as a public-use airport in accordance with this Grant Agreement. c. If an arrangement is made for management and 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 Title 49, United States Code, the regulations, and the terms and conditions of this Grant Agreement. 5. Consistency with Local Plans. Any project undertaken by this Grant Agreement is reasonably consistent with plans (existing at the time of submission of the ACGRP application or State subaward as applicable) of public agencies that are authorized by the Page 67 of 91 Page 14 of 19    State in which the project is located to plan for the development of the area surrounding the Airport. 6. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where any project undertaken by this Grant Agreement may be located. 7. Consultation with Users. In making a decision to undertake any airport development project undertaken by this Grant Agreement, it has undertaken reasonable consultations with affected parties using the Airport at which project(s) is/are proposed. 8. Pavement Preventative Maintenance. With respect to a project undertaken by this Grant Agreement for the replacement or reconstruction of pavement at the Airport, it 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, including ACRGP funds provided under this Grant Agreement. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 9. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all Grant accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the Grant in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the Grant supplied by other sources, and such other financial records pertinent to the Grant. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to the Grant in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 10. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. Page 68 of 91 Page 15 of 19    11. Veteran's Preference. It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 12. Operation and Maintenance. a. The Airport and all facilities which are necessary to serve the aeronautical users of the Airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the Airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the Airport for non- aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- 1) Operating the Airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the Airport. Nothing contained herein shall be construed to require that the Airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 13. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the Airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 14. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of Page 69 of 91 Page 16 of 19    the Airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. 15. Exclusive Rights. The sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant has been expended. However, providing services at an airport by only one fixed-based operator is not an exclusive right if— a. it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide the services; and b. allowing more than one fixed-based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the Airport. 16. Airport Revenues. a. This Grant shall be available for any purpose for which airport revenues may lawfully be used to prevent, prepare for, and respond to coronavirus. Funds provided under this ACRGP State Block Grant Agreement will only be expended for the capital or operating costs of the Airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the Airport(s) subject to this Agreement and all applicable addendums for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the Airport, and debt service payments as prescribed in the Act. b. For airport development, 49 U.S.C. § 47133 applies. 17. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the Airport budget in a format prescribed by the Secretary; b. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the Airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the Airport to other units of government and the amount of compensation received for provision of each such service and property. 18. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. Page 70 of 91 Page 17 of 19    19. Airport Layout Plan. a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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; 3) the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and 4) all proposed and existing access points used to taxi aircraft across the Airport’s property boundary. Such Airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the Airport layout plan. The sponsor will not make or permit any changes or alterations in the Airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the Airport. b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the Airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the Airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the Airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor. 20. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR Part 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other Federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities. 2. Facilities. Where it receives a grant or other Federal financial assistance to construct, Page 71 of 91 Page 18 of 19    expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance 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: 1. So long as the Airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests for Proposals for work, or material under this Grant and in all proposals for agreements, including airport concessions, regardless of funding source: “The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT Acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: A. For the subsequent transfer of real property acquired or improved under the applicable activity, grant, or program; and B. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, grant, or program. Page 72 of 91 Page 19 of 19    f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 21. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any activity that uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 22. Policies, Standards and Specifications. It will carry out any project funded under an Airport Coronavirus Relief Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated March 25, 2021, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 23. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the Airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 24. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this Agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 25. Acquisition Thresholds. The FAA deems equipment to mean tangible personal property having a useful life greater than one year and a per-unit acquisition cost equal to or greater than $5,000. Procurements by micro-purchase means the acquisition of goods or services for which the aggregate dollar amount does not exceed $10,000, unless authorized in accordance with 2 CFR § 200.320. Procurement by small purchase procedures means those relatively simple and informal procurement methods for securing goods or services that do not exceed the $250,000 threshold for simplified acquisitions. Page 73 of 91 City of Georgetown, Texas Transportation Advisory Board November 12, 2021 S UB J E C T: C onsideration and p o s s ib le ac tion to rec o mmend the ad o p tion of a formal G eorgetown Executive Airport at Johnny G antt F ield Leasing P olicy. – Eric Johns on, P ublic Works Direc tor IT E M S UMMARY: Although these are the guidelines the Airport has been following, staff seeks to adopt a formal G eorgetown E xecutive Airport at J ohnny G antt Field Leasing P olicy. In order to p ro mo te and develo p a fair and reas o nable o p erating environment for all persons and organizations leasing property at the G eorgetown Exec utive Airp o rt at Johnny G antt F ield , (“Airport”), the attached Leasing P olicy is hereby proposed. It is the p o licy of the G eorgetown C ity C o unc il to ensure that reas o nable effo rts are mad e when negotiating agreements to: 1. P romote market rents that are intend ed to make the Airp o rt as financially self- s ufficient as reasonably pos s ible; 2. Minimize operational costs to the C ity and its tenants; 3. F os ter growth of both aviation and non-aviation development (where appropriate) on airport property; 4. Attract private capital investment for airport development; and 5. C omply with F ed eral Aviation Ad ministration (FAA) and S tate of Texas o b ligatio ns , polic ies , and regulations . With the exceptio n of transient (non-b as ed ) aero nautic al o p erators, no person, firm, organizatio n, club , or other entity s hall b e permitted to operate any bus iness o r c o mmercial activity at the Airport witho ut an approved and fully exec uted leas e, s ubleas e, S pec ialized Aviation S ervice O rganization (“S AS O ”) with the Airp o rt o r fully approved and executed as s ignment o f same. T he intent of this req uirement is to protec t the inves tment and p rivileges of bona fid e operatio ns on the airport and to ens ure that fees o r charges will be required from every us er of the airport. Airport property is generally leas ed o n a first come, firs t served b as is , to appropriately qualified applic ants , unles s spec ifically exempted in the “Leas e Applic ation P ro cess.” If multip le parties are interes ted in leasing an available parcel of Airport property, Airport staff s hall seek competitive propos als via public advertis ement on the Airport webs ite and/or a newspaper of general c irculation after establis hing a starting rent us ing an ap p rais al p ro ces s o r market analys is to s et market value. If c o mp etitive p ro p o s als are s olicited, Airport staff will make the final selec tion based o n criteria following the “Leas e Application P rocess” and “Leas e P ropos al R eview.” Tenants in good s tanding whos e p ro p erty ad jo ins a parcel available for leas e (whether vacant or d eveloped) will be given the firs t opportunity to leas e the adjoining parcel. F IN AN C IAL IMPAC T: N/A Page 74 of 91 S UB MIT T E D B Y: Danielle Dutra AT TAC H ME N T S: Description Type Airport Leas ing Policy Cover Sheet Cover Memo GTU Airport Leasing Policy Backup Material Page 75 of 91 Georgetown Transportation and Advisory Board (GTAB) Meeting Date: November 12, 2021 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration and possible action to adopt a formal Georgetown Executive Airport at Johnny Gantt Field Leasing Policy. – Eric Johnson, Public Works Director ITEM SUMMARY: Although these are the guideline the Airport has been following, Staff seeks to adopt a formal Georgetown Executive Airport at Johnny Gantt Field Leasing Policy. In order to promote and develop a fair and reasonable operating environment for all persons a nd organizations leasing property at the Georgetown Executive Airport at Johnny Gantt Field, (“Airport”), the attached Leasing Policy is hereby proposed. It is the policy of the Georgetown City Council to ensure that reasonable efforts are made when negotiating agreements to: 1. Promote market rents that are intended to make the Airport as financially self- sufficient as reasonably possible; 2. Minimize operational costs to the City and its tenants; 3. Foster growth of both aviation and non-aviation development (where appropriate) on airport property; 4. Attract private capital investment for airport development; and 5. Comply with Federal Aviation Administration (FAA) and State of Texas obligations, policies, and regulations. With the exception of transient (non-based) aeronautical operators, no person, firm, organization, club, or other entity shall be permitted to operate any business or commercial activity at the Airport without an approved and fully executed lease, sublease, Specialized Aviation Service Organ ization (“SASO”) with the Airport or fully approved and executed assignment of same. The intent of this requirement is to protect the investment and privileges of bona fide operations on the airport and to ensure that fees or charges will be required from every user of the airport. Airport property is generally leased on a first come, first served basis, to appropriately qualified applicants, unless specifically exempted in the “Lease Application Process.” If multiple parties are interested in leasing an a vailable parcel of Airport property, Airport staff shall seek competitive proposals via public advertisement on the Airport website and/or a newspaper of general circulation after establishing a starting rent using an appraisal process or market analysis t o set market value. If competitive proposals are solicited, Airport staff will make the final selection based on criteria following the “Lease Application Process” and “Lease Proposal Review.” Tenants in good standing whose property adjoins a parcel available for lease (whether vacant or developed) will be given the first opportunity to lease the adjoining parcel. FINANCIAL IMPACT: N/A ATTACHMENTS: Leasing Policy Submitted By: EJ Page 76 of 91 GEORGETOWN EXECUTIVE AIRPORT AT JOHNNY GANTT FIELD LEASING POLICY Approved as to form and legal GEORGETOWN EXECUTIVE AIRPORT Sufficiency: AT JOHNNY GANTT FIELD Skye Masson City Attorney By: Eric Johnson Public Works Director Adopted: Revised: Page 77 of 91 TABLE OF CONTENTS Georgetown Executive Airport at Johnny Gantt Field Hangar Waiting List Page SECTION I GENERAL POLICY . . . . . . . . . . . . . . . . . . 3 Agreement Classifications . . . . . . . . . . . . . 3 Agreements Required . . . . . . . . . . . . . . . . . 4 Lease/Operating Agreement Categories. . 4 SECTION II GENERAL GUIDELINES FOR AIRPORT AGREEMENTS . . 6 Lease Application Process . . . . . . . . . . . . . . 6 Lease Proposal Review . . . . . . . . . . . . . . . . . 8 SECTION III LEASE RATES, TERMS AND PROVISIONS . . . . . 10 Rates and Charges . . . . . . . . . . . . . . . . . . . . . . 10 Terms of Lease . . . . . . . . . . . . . . . . . . . . . . . . . 10 Title to Improvements . . . . . . . . . . . . . . . . . . . 11 Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Assignment/Subletting/Sale of Stock or Facilities 12 Public Service Goals . . . . . . . . . . . . . . . . . . . . 13 Encumbrances . . . . . . . . . . . . . . . . . . . . . . . . . 13 Indemnification and Insurance . . . . . . . . . . . . 13 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Rules and Regulations . . . . . . . . . . . . . . . . . . . 14 Appraisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Performance Bonds . . . . . . . . . . . . . . . . . . . . . 14 Relocation of Improvements . . . . . . . . . . . . . . 14 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Gross Receipts Language . . . . . . . . . . . . . . . . . 15 Dominant Agreements. . . . . . . . . . . . . . . . . . . . 15 Other Lease Provisions . . . . . . . . . . . . . . . . . . 15 SECTION IV HANGAR WAITING LIST POLICY . . .. . Policy for General Aircraft Hangar Units 16 Policy for General Aircraft Hangar Units . . . 16 16 EXHIBIT A HANGAR WAITLIST REQUEST FORM Page 78 of 91 SECTION I GENERAL POLICY In order to promote and develop a fair and reasonable operating environment for all persons and organizations leasing property at the Georgetown Executive Airport at Johnny Gantt Field, (“Airport”), the following Leasing Policy is hereby adopted. The City of Georgetown operates the Airport in Georgetown, Texas. As used herein the word “tenant” includes any person or entity that has been granted any right, license or privilege to occupy or use any property, or conduct any activity, irrespective of the form of the agreement, permit, and/or license that grants any such right, license or privilege. It is the policy of the Georgetown City Council to ensure that reasonable efforts are made when negotiating agreements to: 1. Promote market rents that are intended to make the Airport as financially self- sufficient as reasonably possible; 2. Minimize operational costs to the City and its tenants; 3. Foster growth of both aviation and non-aviation development (where appropriate) on airport property; 4. Attract private capital investment for airport development; and 5. Comply with Federal Aviation Administration (FAA) and State of Texas obligations, policies, and regulations. Agreements Required With the exception of transient (non-based) aeronautical operators, no person, firm, organization, club, or other entity shall be permitted to operate any business or commercial activity at the Airport without an approved and fully executed lease, sublease, Specialized Aviation Service Organization (“SASO”) with the Airport or fully approved and executed assignment of same. The intent of this requirement is to protect the investment and privileges of bona fide operations on the airport and to ensure that fees or charges will be required from every user of the airport. Lease/Operating Agreement Categories 1. Flight Training Service Center. 2. Aircraft Maintenance, Overhaul, and Parts Shop. 3. Specialized Commercial Flying Service. 4. Specialized Aircraft Repair Service. 5. Non-Aviation Land and/or Building Lease. 6. Courtesy Vehicle Operations. 7. Advertising signs on Airport. 8. Utility Easements. 9. Automobile Parking. 10. Food, Beverage, and/or Merchandising Concessions. 11. Government Leases. 12. Aviation Easements. 13. Operating Privilege Agreements. Page 79 of 91 14. Clubs. 15. Hangar License Agreements. 16. Other. Agreements, which the Airport shall not entertain: 1. Non transient (non-based) aeronautical operators, without an approved and fully executed lease, sublease, Specialized Aviation Service Organization (“SASO”) with the Airport or fully approved and executed assignment of same. Consistent with Department of Transportation, Federal Aviation Administration order 5190.6B, the Airport shall retain proprietary exclusive rights of the following aeronautical services: 1. Wholesale fuel to FBO’s and other commercial operators. Page 80 of 91 SECTION II GENERAL GUIDELINES FOR AIRPORT AGREEMENTS Airport property is generally leased on a first come, first served basis, to appropriately qualified applicants, unless specifically exempted in the “Lease Application Process.” If multiple parties are interested in leasing an available parcel of Airport property, Airport staff shall seek competitive proposals via public advertisement on the Airport website and/or a newspaper of general circulation after establishing a starting rent using an appraisal process or market analysis to set market value. If competitive proposals are solicited, Airport staff will make the final selection based on criteria following under “Lease Application Process” and “Lease Proposal Review.” Tenants in good standing whose property adjoins a parcel available for lease (whether vacant or developed) will be given the first opportunity to lease the adjoining parcel. Unless specifically exempted in the “Lease Application Process” or elsewhere in this Policy, all persons or businesses seeking to become tenants at the Airport must first submit a fully completed written application to the Airport Manager or Designee, together with any additional information which may be requested by the Airport Manager or Designee, County Management or County Attorney. Lease requests will be reviewed and evaluated according to the stipulations outlined in this Policy, and in terms of whether the proposed use conforms to each of the following overarching goals: 1. The use is shown to be appropriate and consistent with the Airport Layout Plan (ALP), Master Plan, and other relevant land use planning documents that pertain to the Airport. 2. The use does not constitute a violation of any Airport Grant Assurances which have been incorporated within a Grant Agreement entered by the Airport. 3. The use complies with all requirements and provisions contained in the adopted policies, procedures and standards of the Airport and the City of Georgetown. The information contained in the lease request should provide sufficient detail to enable the Airport to adequately determine a potential tenant’s financial standing, their ability to undertake construction in a timely manner (if the tenant is going to build on a vacant parcel), their ability and experience to provide the services to the general aviation public or commercial aviation industry (if the tenant is an aviation-related business), which are described in the proposal, and the amount of investment in and the overall appearance of the facilities that are to be constructed or leased by the tenant. Lease Application Process (Including Subleases and Assignment of Leases) (Note: Parties wishing to rent tie-downs, hangars, T-hangars solely for short-term (e.g. month- to-month or year-to-year) or non-commercial hangars for the storage of aircraft, and who do not desire or need significant Leasehold improvements or other special accommodations, are exempt from the following requirements.) Any person, group of people, firm, corporation, or organization desiring to conduct a commercial activity of any type within the boundaries of the Airport must first secure written authorization from the Airport to do so. Written authorization from the Airport is typically provided in the form of a lease for building space or land area, but may also be in the form of an appropriate permit allowing the activity in question to be conducted for a given period time on Airport property. The process for obtaining authorization for a commercial activity from the Airport begins with an Page 81 of 91 applicant submitting a written proposal, or Lease Application, which details the type of operation(s) being proposed. Depending on the term of the lease being sought, or the size, scope, and complexity of the commercial activity, an applicant may be requested by the Airport Manager to provide some or all of the following information. In general, longer term lease requests will require more information than shorter term requests. The Lease Application should include the following: 1. A cover letter from the Applicant identifying the name of the business, a description of the services or products to be provided, and the primary contact’s name, phone number and email address. 2. A short description of the proposed commercial activity with sufficient narrative to adequately explain the benefits of the activity to the Airport and local community. 3. A business plan that provides sufficient detail about the commercial activity being proposed. 4. The names and contact information (mailing address, phone numbers, email, etc.) of all parties having an interest in the business and those that will be directly responsible for the day-to-day management of the business. The amount and location (if known) of vacant property that the tenant desires to lease (accompanied by a map showing the location of the property in question). 5. The type of facilities which are to be constructed, purchased, or leased (whichever is relevant). 6. The purchase price of existing facilities (where relevant). 7. The services to be offered, proposed hours of operation, projected employment broken down by number of permanent and temporary employees, full-time and part-time positions, job titles, average wage or wage scale anticipated to be paid, and the number of aircraft (if any) that are to be based and/or operated at the Airport in conjunction with the business. 8. Evidence of financial capability to provide the services and facilities proposed (this may extend to providing a current financial statement and/or tax returns for the previous 3 years). 9. Evidence demonstrating a history of satisfactory performance of a similar commercial activity at other sites (preferably airports), including dates and location. Record of any insolvency or bankruptcy proceeding in any past business relationships over the past 10 years. 10. Aeronautical qualifications, including years of experience in the proposed operation, past experience in other related activities, and four professional references. 11. Other information the Airport may require and specifically request. Page 82 of 91 Lease Proposal Review Following receipt of an application to lease or sublease Airport land or facilities, or for an Assignment of Lease, the Airport Manager will evaluate the submitted proposal for completeness against the criteria outlined in the Lease Application Process. The Airport Manager may also perform a background investigation relative to the applicant’s criminal history, credit worthiness and past business performance. Incomplete proposals will be returned to the applicant. Following review by Airport staff, applications may be denied for one or more of the following reasons: 1. The application does not comply with or meet the provisions of this policy. 2. The applicant or their proposed operations fail to meet the qualifications, standards and requirements enforced by the Airport or City of Georgetown. 3. The applicant’s proposed operations or construction activities will create a safety or security hazard. 4. The granting of the application will require unauthorized expenditure of Airport funds, labor or materials on the land or facilities described in, or related to, the application. 5. The operation is unlikely to provide a positive rate of return 6. There is no appropriate or adequate available space or facilities on the Airport property to accommodate the activity of the applicant. 7. The proposed operation, development or construction contemplated does not conform to the approved Airport Layout Plan or Airport Master Plan. 8. The development or use of the area requested will result in a congestion of aircraft or buildings, or will result in excessive interference with the operations of other existing tenants on the Airport, such as preventing free access and egress, or will result in depriving, without adequate compensation, an existing tenant the use of portions of their leased area. 9. A party applying, or having an interest in the business, has supplied false information, or has misrepresented a material fact in the application or in supporting documents, or has failed to make full disclosure on the application. 10. A party applying, or having an interest in the business, has a record of violating the rules and regulations of the Airport, or those of any other airport, or the rules and regulations of any State or Federal Agency. 11. A party applying, or having an interest in the business, has defaulted in the performance of any lease or other agreement with the Airport or any lease or other agreement at any other Airport. 12. A party applying, or having an interest in the business, is not sufficiently credit worthy and responsible in the judgment of the Airport to provide and maintain the business to which the application relates, and to promptly pay amounts due under its lease with the Airport. 13. The applicant has committed a crime, or violated a local ordinance, rule, or regulation, which adversely reflects on its ability to conduct the operation applied for, or otherwise renders applicant unsuitable. 14. Any other reason that would result in an activity deemed not consistent with Airport policy, or not to be in the best interest of the Airport and/or the Texas Aviation System. 15. The applicant proposes a “Through the Fence” operation that is inconsistent with Section 136 of the FAA Modernization and Reform Act of 2012. Page 83 of 91 The diagram shown below delineates the steps of a typical lease application process for review and approval by the Airport. Many of these steps are discussed in greater detail elsewhere in this policy. Depending on the size, scope and complexity of the commercial activity that is being proposed for a given parcel of land or facility, the timeframe to complete the entire application process can vary from eight to sixteen weeks or more. LEASE APPLICATION / PROPOSAL PROCESS (Typically a 8 to 16 Week Process*) Start Finish *Assumes that no reviews and/or approvals are needed from outside agencies. If there are any proposals to build new the applicant will also have to get with Planning and Permitting at the City of Georgetown. This would add more time to the timeframe. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK •Review Application for completeness and compliance with Leasing Policy •Perform Due Diligence Research •Undertake Development of Lease Terms •Prepare legal documents for execution Airport Manager/ City Departments/City Attorney Submit Application for New Lease, Sublease, or Assignment of Existing Lease Applicant Federal/State Approval (Non-aviation uses ONLY) FAA ADO/TXDOT District 1 Recommendation for Approval/Denial to Georgetown Transportation Advisory Board Airport Authority Lease Execution Applicant/City Attorney/City Council Page 84 of 91 SECTION III LEASE RATES, TERMS AND PROVISIONS Rates and Charges TxDOT/FAA guidelines require that the Airport be as financially self -sustaining as possible. Whenever possible, rental rates for unimproved Airport land or existing hangars and related facilities used for commercial aviation activities are set at market value of the property in use. Market value will be determined through an appraisal or market analysis of comparable parcels or structures undertaken by the Airport. A rate adjustment based on the Consumer Price Index–Urban (CPI-U) for the Dallas-Fort Worth region will be applied to leases on either a regular basis, but no more than annually, between appraisals to facilitate parity between new and longstanding tenants. In an effort to stimulate economic development, support aviation industry growth, and encou rage airport property development, the Airport may consider a reduced rate for the following property uses: 1. Large Scale Development 2. Aeronautical Manufacturing 3. Substantial aviation-related educational facilities (such as an FAA-certified A&P Program or a Flight Training Program) 4. Any commercial business that creates and maintains new jobs that pay, on average, no less than 115 percent of the average annual wage for City of Georgetown, as determined by the City of Georgetown Office of Business and Economic Development Each Airport tenant, subtenant, licensee, or occupant user of the Airport shall pay the then applicable and appropriate rate or fee for such tenancy or use. Operating expenses may also be included in Airport Leases for the cost of upkeep and maintenance of common areas and facilities in and adjacent to the leased areas. Each airport lessee will be required to pay Williamson County Property taxes. Terms of Lease All Leases: Each lease will be evaluated on its own merit. The current maximum term length is determined by the more restrictive of current City of Georgetown Ordinance, TXDOT or the FAA. The lease may be written to have an initial term length with one or more extension periods. The total length will not exceed the limits set previously. At the expiration of an existing lease the Title to Lease rules will take effect. See below. Long Term Ground Leases: The Georgetown Executive Airport at Johnny Gantt Field recognizes that allowing tenants to amortize their investments over a longer period of time can encourage further investment in Airport property. To this end, the Airport will consider entering into a lease with a term up to the maximum limit allowed by current City of Georgetown Ordinance, TXDOT or the FAA (the more restrictive limit applying) in those instances where a potential tenant has demonstrated to the Airport’s satisfaction that they are prepared to make a significant investment in one or more of the following areas: a. Make a significant initial capital investment in new construction on the property. b. Make a significant capital investment in existing leasehold improvements. c. Create (and maintain) a significant number of new jobs, at higher-than-average wages. Commented [A1]: We want the airport to have this responsibility, instead of the applicant? Page 85 of 91 d. Make a significant investment in the extension of public infrastructure that will benefit the Airport as a whole (i.e., roads, water, sewer, navigation aids, etc.). Business Retention Considerations. The Airport recognizes the importance of retaining existing businesses that contribute substantially to the local economy. To this end, the Airport may consider entering into a new lease with an existing tenant for a term up to the maximum limit allowed by TXDOT or the FAA (the more restrictive limit applying). Title to Improvements Title to all fixed improvements constructed or installed on leased or licensed premises shall remain with the Lessee or Licensee during the term, and any renewals thereto, of the Agreement. Upon termination of the Agreement, said improvements shall become the property of the Airport or, at the Airport's sole option, the Airport may require the Lessee to remove said improvements and restore the property to its original condition, all at no cost to the Airport or the City of Georgetown. Reversion After Ground Lease Term Following expiration of a Ground Lease, the land and structures thereon may be leased by the Airport under short-term Facility Leases, typically 1-5 years in duration, at market rates. These leases will be for the property and the building, with the ownership of said property and building residing with the Airport. For larger tracts, the lease rate will typically be predicated upon an appraisal done by an MAI who will set the base rate for the property and building. This information will be available to the prospective tenant. Materials Terminal Building: The Airport will provide structural maintenance, heat and light, but will not provide janitorial service, revamping or other day-to-day services in any tenant’s leased or licensed area unless the applicable agreement specifies that the Airport shall be compensated for such services. Airfield: The Airport will maintain all public use runways, taxiways, and aprons. Ramps and aprons leased or otherwise provided to sub-tenants or any other occupants will be maintained by the sub- tenants or occupant of any description as annotated in each respective lease. Land and Building: Tenants may be required to provide all maintenance of land and utility services to leased or licensed land and/or buildings. The Airport shall be sole judge of the quality of maintenance and, upon written notice, may require immediate improved maintenanc e. If such maintenance is not performed, the Airport may perform such maintenance and invoice the costs of the maintenance to the Lessee, Licensee, or occupant. Non-payment of invoices will be grounds to terminate the agreement that allows the occupant to occupy the property or conduct the activities. Assignment/Subletting/Sale of Stock/Sale of Facilities Constructed The operation of any tenant on the airport shall be for the public interest and furtherance of airport activity. Tenants are entrusted with the duty and obligation of providing the public with the highest level of services and facilities, and it is therefore, necessary that the tenant's activities and/or operations be subject to continuing scrutiny by the Airport Manager or Designee, and that the tenant always operate in a businesslike fashion, efficiently and always with courtesy to the public and to the staff of the Airport. For these reasons, the following shall be always be required of tenants: Page 86 of 91 The Airport shall retain total control and exercise sole discretion over the assignment or any method of changing or delivering to others any of the functions to be performed by the tenant, and any such assignment shall have prior written approval by the Airport Manager or Designee. Tenant may sublease a part of the leased area to others only after first receiving written approval from the Airport Manager. Public Service Goals The FAA encourages airport sponsors to establish “Minimum Standards” for providing services to the general public at an airport. The Georgetown Minimum Standards are published on the City of Georgetown website (http://airport.georgetown.org) and are automatically incorporated into each lease in order to ensure the level of public service is of a high quality, consistent with the goals of the Airport. Remedy clauses will be included in all lease agreements for inadequate performance, the quality of which will be determined solely by the Airport Manager or Designee. Encumbrances The Airport may permit a tenant to subordinate leasehold-owned improvements (NOT LAND) for financing purposes, with a mortgage approved by the Airport Manager or Designee. If such an arrangement is permitted the mortgagee may be granted the right to cure any default including the assumption of the lease. This encumbrance provision will assist private investment in financing capital improvements, protect the mortgagee's interest, and does not endanger the interest of the Airport. NOTICE: Obligations to pay rent and charges to the Airport shall not be subordinated. Indemnification and Insurance To the maximum extent permitted by Texas law, the tenant shall indemnify and hold harmless Georgetown Executive Airport at Johnny Gantt Field, City of Georgetown, its officers and employees and contacts from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Lessee or anyone employed or utilized by the Lessee in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This does not pertain to any incident arising from the sole negligence of the Airport. The Tenant shall provide all insurance deemed appropriate by the Airport Manager or Designee, as determined by the City of Georgetown Safety & Risk Management Division. Taxes Williamson Central Appraisal District (WCAD) requires that all building owners/lessees will pay a property tax on the lease amount for the year. It is the responsibility of the lessee to pay their property tax. If your aircraft is registered under a business that is based here, there will be a tax paid. Federal, state, or local taxes not paid by Lessee or Licensee may be deemed sufficient cause to cancel or terminate the lease. Rules and Regulations Airport rules and regulations shall be a part of each lease. Such regulations may be amended from time-to-time by the Airport including such reasonable and uniform landing fees, rates or charges, as may from time to time be levied for airfield operational privileges and/or services provided at the Page 87 of 91 Airport. Lessee shall also comply with any and all applicable governmental statutes, rules, orders, and regulations. A violation of any Airport rule or regulation may be deemed sufficient cause for lease cancellation or termination by the Airport. Appraisals Appraisals may be used for determining the Fair Market Value (FMV) of the highest and best use of land and/or facilities the Airport leases. The Airport may require a prospective tenant to pay for an appraisal and may reasonably withhold approval of a proposed appraisal firm lacking demonstrated experience in airport appraisals. Once an appraisal is conducted for land and/or facilities, the Airport may apply the appraisal on other similar land and/or facilities for up to five (5) years. If five years have lapsed since an appraisal has been conducted, a new appraisal for that category may be conducted if it is determined that the prior appraisal is out of date. In lieu of appraisals the Airport may, at its option, apply airport industry standards for determining the FMV of granting privileges and leasing land and/or facilities for aviation related or airport support agreements. Variance Prospective tenants who cannot meet the criteria identified in this Leasing Policy may make application for variance through the Airport Manager or Designee. Upon reviewing justification for such application, the Airport will submit the request to the Georgetown Transportation Advisory Board, who may or may not recommend approval to the Georgetown City Council. The City Council may grant a variance by affirmative majority vote during one voting session. Variances are not favored and there must exist compelling reasons for the granting of any variance. The basis for the variance must always be beyond the control of the applicant for the variance. Economic hardship shall never be a valid basis upon which to grant any variance. Zoning All leases shall remain consistent with the Airport Master Plan, Airport Development Standards, and the Airport Layout Plan (ALP), as well as the City of Georgetown Comprehensive Land Use Plan. Dominant Agreements Any Lease, License or Operating Agreement with the Airport is subject to all existing agreements between the Airport and the Federal Aviation Administration (FAA), the Airport and the State of Texas, and the Airport and City of Georgetown. Leases, Licenses and SASOs are sometimes subject to FAA approval, which approval may be withdrawn. Accordingly, the Airport reserves the right to immediately terminate any lease that the FAA has found to interfere with the safe operation and maintenance of the airport, or otherwise conflict with regulations governing public-use airports. Furthermore, and during the time of war or national emergency, the Airport shall have the right to lease the landing area or any part thereof to the United States Government for military or naval or similar use, and, if such lease is executed, the provisions of this Lease insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. Other Lease Provisions This Leasing Policy does not include all of the provisions of Airport leases. Page 88 of 91 SECTION IV GEORGETOWN EXECUTIVE AIRPORT AT JOHNNY GANTT FIELD HANGAR WAIT LIST POLICY FOR T-HANGARS, TIE DOWN, AND STORAGE HANGARS 1. Waiting List Process: When hangar space is not immediately available for assignment, a wait list shall be established, prioritized by the date and time of receipt of the application by the Airport. The term “aircraft storage space”, as used throughout this policy shall include: A. General aircraft t-hangar units B. Long-term Tie down positions C. Storage units Applicants for aircraft storage space shall contact the Georgetown Executive Airport at Johnny Gantt Field or go to the airport’s website to obtain the most current Hangar Waitlist Request Form (Exhibit “A”) (as may be amended from time-to-time). Separate lists for T-hangars and Long-term Tie downs will be maintained in order to properly record those who wish to lease a hangar or tie down space. Applicants must complete the current form, return it to the Airport. The Management will place the applicant on the waiting list in the order the reservation forms are received. Applicants who do not then own an aircraft but plan to purchase or lease one shall note this fact on the form. Applicants must be able to occupy an aircraft storage space with the specified, or similar, airworthy aircraft within thirty (30) days of entering into a T-hangar License Agreement. 2. Notification of Available Hangar Space: When aircraft storage space becomes available (or when it becomes apparent that such space will soon become available), such space will be offered to the applicants on the hangar waiting list on a “first come, first serve” basis. Ranking is determined by date o f actual, physical receipt of a completed Hangar Reservation Form, or from the previous waitlists that were maintained by airport staff. It is the responsibility of the potential tenant to keep the Airport informed of any changes to the point of contact such as, address, phone number, etc. Airport staff will attempt to contact the applicant up to three (3) times by email or phone. If there is no response to the emails or phone calls, the next person on the wait list will be contacted and offered the hangar. The unreachable potential tenant will be placed on the previously called list. Once a potential tenant has been offered a hangar, he/she has forty-eight (48) hours to accept or decline the offer. If the potential tenant accepts the space, an agreement will be readied at the Airport Business Office for signature. Those who decline hangar space for the first time will be placed on the previously called list. If they decline a second time they will go to the bottom of the original list unless removal is requested. If the hangar space being offered does not meet the space requirements for the potential tenant’s aircraft, the potential tenant shall remain on the list in his/her original relative position. If a person is place on the previously called list, they will not be called for an open hangar. The person will need to contact the airport business office to advise airport staff that they are ready for a t-hangar and will have to take the first available hangar. Page 89 of 91 3. Aircraft Storage Space definitions: A. General Aircraft T-Hangars: These hangars have door openings width of forty (40) feet or less. Ranking is based on applicant’s position on the waiting list and can accommodate either twin or single engine aircraft. B. Storage Units: These units are at the end of T-hangars and are for storing aircraft and/or related equipment. Ranking is based on applicant’s position on the waiting list. C. Tie Downs: Tie downs are located to the north and south of the main terminal ramp area. There are a total 24 tie down spots on the main ramp. There are also 11 tie down spots on the east ramp. There are also four grass tie downs located east of the North T-Hangar buildings. 4. License: Licensee shall provide proof of the following within 30 days of entering into an agreement: A. All aircraft stored in a KGTU hangar must be airworthy. B. All hangars must be occupied by approved aircraft in accordance with this policy. C. Rent shall be established by the Airport and may be adjusted annually. D. First month’s rent must be paid in advance. E. T-Hangar sub-leasing is NOT authorized. Any tenant who is discovered to be sub-leasing their T-Hangar will be notified, and the remedy authorized in the lease will be applied. F. The storage of anything other than aircraft, equipment appurtenant to aircraft, or vehicles of owners or passenger during flight is not permitted. G. Acceptable proof of aircraft ownership is required. Ownership is defined as having the exclusive right to sell or fly. H. In the case of Flying Club or Association, the Association’s name must be on the waitlist and also on the T-Hangar lease. 5. Emergency Situations: In the event of an emergency, (e.g. hurricane or aircraft accident) any vacant hangar is subject to aircraft temporary occupancy at the discretion of Airport Manager or Designee, provided such occupancy is to protect the aircraft from potential exposure to loss or damage because of the emergency. Page 90 of 91 EXHIBIT “A” GEORGETOWN EXECUTIVE AIRPORT AT JOHNNY GANTT FIELD T-HANGAR WAITLIST REQUEST FORM # Name: Date: Time: Phone: Address: Email: Plane: N- Type: Notes: Page 91 of 91