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HomeMy WebLinkAboutC2012-358 - 9/11/2012 - ApprovedDID b ta No I Biel Nre) WHEREAS, Corpus Christi International Airport (hereinafter referred to as the Sponsor), on behalf of the community of Corpus Christi, Texas, has applied for a Grant under the Small Community Air Service Development Program; now THEREFORE, the U.S. Department of Transportation (DOT), acting for the UNITED STATES, presents this Grant Award and Agreement (Grant Agreement) to the Sponsor for a grant of up to $300,000 to assist in the Sponsor's efforts to address the air service needs of the community. Unless otherwise defined in this Grant Agreement, capitalized terms shall have the meanings assigned to such terms in Section E hereof. THIS GRANT AWARD AND AGREEMENT IS MADE ON AND SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: A. GENERAL CONDITIONS 1. The maximum obligation of the United States payable under this Grant Agreement shall be $300,000. 2. Payment of the United States' share of the Total Project Cash Costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as DOT may prescribe, including, without limitation, 49 CFR Part 18. Final determination of the United States' share may be based upon a final review of the Total Project Cash Costs and settlement will be made for adjustments to the United States' share of costs. 3. The Sponsor shall carry out and complete the Grant Project without undue delays and in accordance with the terms hereof and pursuant to any regulations and procedures as DOT may prescribe. 4. This Grant Agreement constitutes an obligation of federal funding. The grant awarded hereunder shall expire and the United States shall not be obligated to pay any part of the costs of the Grant Project unless the Sponsor signs this Grant Agreement on or before September 11, 2012, or such subsequent date as may be prescribed in writing by DOT. If the Sponsor makes any substantive changes to this Grant Agreement, such changes shall constitute amendments to this Grant Agreement and further action on the part of DOT is required in order for DOT to accept such amendments to the initial grant award obligation. If not signed and returned to DOT without modification by the Recipient on or before September 11, 2412, DOT may unilaterally terminate this Grant Agreement. S. The Sponsor shall take all steps, including litigation, if necessary, to recover Federal funds when DOT determines, after consultation with the Sponsor, that such funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner in any project upon which Federal funds have 2012-358 9/18/12 Ord. 029622 U.S. Dept of Transportation been expended. For the purposes of this Grant Agreement, the term. "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this Grant Agreement_ 6. The Sponsor shall retain all documents relevant to this Grant Agreement and the Grant Project for a period of three years after completion of all projects undertaken pursuant to the Grant Agreement and receipt of final reimbursement from the U.S. Treasury, whichever is later. It shall fin DOT, 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 shall be approved in advance by DOT. 7. The United States shall not be responsible or liable for damage to property or injury to persons that may arise from, or be incident to, compliance with this Grant Agreement. 8. The Sponsor shall ensure compliance with Federal regulations requiring conduct of a Federally-approved audit of any expenditure of funds of $500,000 or more in a year in Federal awards. 9. The provisions of 49 CFR Part 18.36 (DOT's procurement standards for grants) shall apply to the extent that the Sponsor procures property and services in carrying out the Grant Project, B. SPECL4L CONDITIONS I Subject to the terms set forth in this Grant Agreement, DOT reserves the right to terminate the Grant Agreement, and DOT's obligations hereunder, on 90 days' prior written notice, unless otherwise agreed between the Sponsor and DOT, if any of the following occurs: a. The Sponsor fails to provide the local contribution as provided in its Grant Application, or alternatives approved by DOT; b. The Sponsor fails to provide the In-Kind Contributions as provided in its Grant Application, or alternative In-Kind Contributions approved in writing by DOT; c. The Sponsor does not meet the conditions and obligations specified under this Grant Agreement; d. DOT determines that termination is in the public interest. 2. Either Party may seek to amend or modify this Grant Agreement on 30 days' prior written notice to the other Party. The Grant Agreement will be amended or modified only on mutual written agreement by both parties. 3. At any time, on 30 days' prior written notice, the Sponsor may request termination of this Grant Agreement. 4. Subject to the terms set forth in this Grant Agreement, and unless otherwise agreed between the Sponsor and DOT, this Grant Agreement will expire on December 31, 2014. 2 C. PROPOSAL SPECIFIC CONDITIONS 1. Corpus Christi International Airport, designated by the community of Corpus Christi, Texas, as the legal Sponsor under the Small Community Air Service Development Program, is agovernnient entity that shall administer the Grant according to the terms and conditions set forth in this Grant Agreement. Sponsor Contact: Fred Segundo Director of Aviation Corpus Christi hitemational Airport 1000 International Corpus Christi, Texas 78406-1809 Phone: (361) 289-0171 Fredsgcctexas.corn Other Grant Project Contact: Kim A. Bridger PR and Marketing Coordinator Corpus Christi International Airport 1000 International Corpus Christi, Texas 78406-1809 Phone: (361) 289-0171 Fax: (361) 826-4266 kimb@cctexas.com 2. Scope of the Grant Project • Develop and implement a general marketing program to promote services at Corpus Christi International Airport with the goal of increasing current air service enplanements at the airport. 3. FundinLy a. Total Project Cash Costs: $320,000 Federal Share: $300,000 In-Kind Contribution: $20,000 Local Share: $20,000 b. Payment by DOT shall not exceed $300,000 for the Grant Project's Total Project Cash Costs, which are costs arising from a general marketing 9 campaign to increase current air service enplanements at Corpus Christi International Airport. c. The community will provide the In-Kind Contributions as described in its Grant Application, or alternative In-Kind Contributions approved by DOT, toward implementation of the Grant Project. d. The Sponsor shall pay the costs associated with the Grant Project prior to seeking reimbursement from DOT. If the Sponsor is seeking private contributions to complete the Local Share, the Sponsor is responsible for ensuring that the full Local Share is provided. c. To seek reimbursement from DOT, the Sponsor shall submit documentary evidence of all expenditures associated with the Grant Project set forth in paragraph b. above, and included in the Total Project Cash Costs set forth in paragraph a. above (those to be covered by the local and/or state contribution, as well as those covered by the Federal contribution) on a monthly basis. DOT will reimburse the Sponsor on a monthly basis for 93.75 percent of all valid expenditures submitted (the specific Federal 3 share of Total Project Cash Costs is set forth in Section C.3.a and C.3.b above), subject to paragraph c. above and paragraph f below. All reimbursement requests to DOT shall be made in accordance with the provisions of such regulations and procedures as DOT may prescribe and shall include sufficient documentation to justify reimbursement of the Sponsor, including invoices and proof of payment of the invoice. f. Payment of the final 10 percent of the Federal funding for the Grant Project will be made after receipt by DOT of the final report set forth in Section CA below. g. The Sponsor shall ensure that the funds provided by DOT are not misappropriated or misdirected to any other account, need, project, line_ item, or the like. h. All requests for reimbursement must be made by the Grant Recipient within 60 calendar days after the date of expiration (see Section BA) of this Grant Agreement. L All expenses for this Grant Project must be incurred by the date of expiration of this Grant Agreement (see Section B.4), unless otherwise agreed between the Sponsor and DOT. j. Should this Grant Agreement be terminated prior to the expiration date provided herein, DOT reserves the right to require that the Sponsor return to DOT any of the funds reimbursed for expenses subsequently deemed ineligible. 4. Reports a. Grant Project reports, including progress on milestones as set forth in paragraph b. below, shall be reported to DOT on a quarterly basis, with reports due to DOT as follows: January 15 for the First Quarter, April 15 for the Second Quarter, July 15 for the Third Quarter, and October 15 for the Fourth Quarter. The first Grant Project report is due on January 15, 2013. b. Project reports shall include the following: (1) brief narrative detailing the status of the Grant Project and the progress being made towards the scope of the Grant Project described in Section C.2; (ii) status report on the hiring of any consultants in conjunction with implementation of the Grant Project; rt ect (iii) status repo on progress toward completion of the In-Kind Contributions committed to implementation of the Grant Project, including g documentation evidencing that In -bind Contributions were made; (iv) status report on all marketing or promotional activities undertaken; (v) status report on contract negotiations with other third parties in conjunction with implementation of the Grant Project. c. Final report (in a format to be provided by DOT) of the Sponsor's assessment of the Grant Project shall be made to DOT within three months after expiration of this Grant Agreement or conclusion of the Grant Project, whichever occurs earlier. M 5. Sponsor Obligations a, Within six (6) months following the date of Execution of the Grant Agreement, the Sponsor shall submit to DOT a detailed marketing plan as set forth in the Grant Application, including the types of media to be used, projected expenditures for each marketing component, and timeline for release of the marketing/advertising material. b. The Sponsor shall, within 15 calendar days after their execution, provide DOT with a copy of all agreements executed between the Community and any consultants, Air Carriers, or other parties with respect to the Grant Project. The Sponsor shall, within 15 calendar days after execution, also provide DOT with notice of any amendment to, or termination of such agreements. The Sponsor shall ensure that all agreements entered into with third parties regarding this grant are consistent with this Grant Agreement and the documents incorporated by reference into the Grant Agreement, and any amendments or modifications executed, pursuant to Section B. c. The Sponsor shall provide evidence on a quarterly basis as set forth in Section CA above, to demonstrate the progress that it has made toward securing the Third-Party In-Kind Contributions per Section C3.a above and as described in its Grant Application, or alternative Third-Party In- Kind contributions approved by DOT. d. The Sponsor shall ensure that the obligations set forth in this"Grant Agreement are met. Failure to do so may result in termination of the Grant Agreement by DOT. D. ASSURANCES The Sponsor shall execute the attached assurances and certifications (Assurances) in conjunction with its signing of this Grant Agreement and shall ensure compliance by the Grant Recipient with these Assurances and any amendments or modifications thereto. The Assurances are integral parts to this Grant Agreement and are deemed to be incorporated by reference into this Grant Agreement. E. DEFINITIONS Air Carrier: A United States-certificated air carrier undertaking to provide air transportation, including, without limitation, scheduled and unscheduled air carriers, regional air carriers, commuter air carriers, and air taxi operators. Assurances: This term shall have the meaning ascribed to it in Section D of this Grant Agreement. Community: All parties identified in the Grant Application as participating in the Grant Project, including the Sponsor. Z:' DOT: United States Department of Transportation 5 Execution of Grant Agreement: Signing of this Grant Agreement by DOT and the Sponsor. Federal Share: Federal funds authorized for use by the Grant Recipient in implementing the Grant Project. Grant Agreement: This written agreement between DOT and the Sponsor describing the scope of the Grant Project and setting forth the terms and conditions of the Community's participation in the Small Community Air Service Development Program, and incorporating by reference (a) all attachments and exhibits to this Grant Agreement, including the Assurances, in their entireties; (b) the Grant Application, except to the extent inconsistent with the terms of this written agreement; and (c) DOT Order 2012-5-8 in its entirety. Grant Application: The complete document submitted to DOT by the Community in Docket DOT-OST-2012-0069, including any information submitted in the docket as confidential material. Grant Project: The scope of the project set forth in Section C.2 of this Grant Agreement. Grant Recipient: Community receiving the SCASDP grant, including the Sponsor. In-Kind/Third-Party In-Kind Contribution: Property or services that benefit the Grant Project and that are contributed by non-Federal third parties without charge to the Grant Recipient or a cost-type contractor under the Grant Agreement. Local Share: Public, community, state, or private funds described in the Grant Application for use in implementing the Grant Project, excluding any In-Kind Contributions (including Third-Party In-Kind Contributions). Party: DOT and/or the Sponsor, as the context indicates Proposal: A proposed project described by the Community in its Grant Application. Quarter or Quarterly: Calendar quarter. Reports or other information required for submission on a quarterly basis are due no later than 15 calendar days after the close of the calendar quarter. Small Community Air Service Development Program (SCASDP): A grant-in- aid financial assistance program originally established under the Wendell H. Ford Aviation Investment and Reform Act for the 21 'c Century (AIR -21), Pub. L. No. rol 106 -181, as amended by Vision 100 —The Century in Aviation Reauthorization Act, Pub. L. No. 108-176, and codified in Title 49 U.S.C. § 41743. Sponsor Obligations: Responsibilities of the Sponsor under this Grant Agreement and those documents incorporated by reference into the Grant Agreement as set forth above (see definition of Grant Agreement). Sponsor: A government entity and legal sponsor of the Grant Recipient that agrees pursuant to this Grant Agreement to administer and oversee implementation of this Grant Agreement and the fulfillment of the Grant Project. Total Project Cash Costs: Sum of the Federal and local cash shares contributed toward completion of the Grant Project, excluding any In-Kind Contributions (including Third-Party In-Kind Contributions). Total Project Cash Costs are described in Sections C.3.a and C.3.b of this Grant Agreement. 7 W-1 M U W-M I I - MM"SAMORWH This Grant Award and Agreement is made in accordance with Title 49 U.S.C- § 41743 and is subject to the terms and conditions of this Grant Agreement and the Assurances attached hereto and incorporated herein. Executed this A day of 2012, ACCEPTANCE The undersigned Sponsor agrees to accomplish each element of the Grant Project in compliance with the terms and conditions of this Grant Agreement and the Assurances attached hereto and incorporated herein. Executed this f E day of 2012, (SEAL) Printed Name Title Attest: Title: r-i Corpus Christi International Airport Corpus Christi, Texas CERTIFICATE OF SPONSOR'S ATTORNEY &A-,, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is a government entity empowered to enter into the fore S Ding ng G r ant Agreement under the laws of the State (or Commonwealth) of ' - zeza--5 —. Further, I have examined the foregoing Grant Agreement, and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State (or Commonwealth) and Title 49 of the U.S. Code. In addition, for grants involving projects to be carried out on property not owned by the Sponsor or where Sponsor may make payments to others, there are no legal impediments that will prevent fall performance by the Sponsor. Further, it is my opinion that the said Grant Agreement, including the Assurances, constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Date Z Attachments TITLE VI ASSURANCE (Implementing Title VI of the Civil Rights Act of 1964, as amended) ASSURANCE CONCERNING NONDISCRIMINATION ON THE BASIS OF DISABILITY IN FEDERALLY-ASSISTED PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE (Implementing the Rehabilitation Act of 1973, as amended, and the Air Carrier Access Act of 1986) 49 CFR Parts 21 and 27 and 14 CFR Parts 271 and 382 Cri� rEs -i 1 f1 '(I� the Grant Recipient) HEREBY AGREES THAT, (Name of Grant Recipient) 1. As a condition to receiving any Federal financial assistance from the Department of Transportation, it will comply with Title V1 of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d-42 U.S.C. 20OOd-4; all requirements imposed by or pursuant to: Title 49, Code of Federal Regulations, Part 2 Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964; and other pertinent directives so that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation. This assurance is required by Title 49, Code of Federal Regulations, Section 21.7(a) and Title 14, Code of Federal Regulations, Section 271.9(c). ii. As a condition to receiving any Federal financial assistance from the Department of Transportation, it will comply with: Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); the Air Carrier Access Act of 1986 (49 U.S.C. 1374(c)); and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, Title 14, Code of Federal Regulations, Part 382, Nondiscrimination on the Basis of Handicap in Air Travel; and other pertinent directives so that no otherwise qualified person with a disability, be excluded from participation in, be denied the benefits of, be discriminated against by reason of such handicap in the provision of air transportation, or otherwise be subjected to discrimination under any program for which the Recipient receives Federal financial assistance from the Department of Transportation. This assurance is required by Title 49, Code of Federal Regulations, Section 27.9 and Title 14, Code of Federal Regulations, Sections 271.9(c) and 382.9. 111. It will promptly take any measures necessary to effectuate this Grant Agreement. The Recipient further agrees that it shall take reasonable actions to guarantee that it, its contractors and subcontractors subject to the Department of Transportation regulations cited above, transferees, and successors in interest will comply with all requirements imposed or pursuant to the statutes and Department of Transportation regulations cited above, other pertinent directives, and the above assurances. IV. These assurances obligate the Recipient for the period during which Federal financial assistance is extended. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the statutes and Department of Transportation regulations cited above, other pertinent directives, and the above assurances. V. These assurances are given for the purpose of obtaining Federal grant assistance under the Small Community Air Service Development Program and are binding on the Recipient, contractors, subcontractors, transferees, successors in interest, and all other participants receiving Federal grant assistance in the Small Community Air Service Development Program. The person or persons whose signatures appear below are authorized to sign this Grant Agreement on behalf of the Grant Recipient. VI. In addition to these assurances, the Recipient agrees to file: a summary of all complaints filed against it within the past year that allege violation(s) by the Recipient of Title VI of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, or the Air Carrier Access Act of 1986; or a statement that there have been no complaints filed against it. The summary should include the date the complaint was filed, the nature of the complaint, the status or outcome of the complaint (i.e., whether it is still pending or how it was resolved). Date M Of UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY OFFICE OF AVIATION ANALYSIS CERTIFICATION REGARDING INFLUENCING ACTIVITIES Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Influencing Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards, at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making o r e g into ce en in i mp ose d b Section 1352, Title 31, U.S. Code. Any person who fail file ed shal ns t'on pose b e subject to a civil penalty of not less than 510,000 and f n ot or � $ 00 fo r 0 ea c tion suc h a f ilu re UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY OFFICE OF AVIATION ANALYSIS CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS IN THE PERFORMANCE OF SMALL COMMUNITY AIR SERVICE PURSUANT TO GRANT AWARD UNDER THE SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM A. The grant recipient certifies that it will, or will continue, to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grant recipient's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about- - (1) The dangers of drug abuse in the workplace; (2) The grant recipient's policy of maintaining a drug-free workplace; (3) Any available drug, counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of work supported by the grant award be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment supported by the grant award, the employee will- - (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction,- (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of conviction. Employers of convicted employees must provide notice, including position title, to the Office of Aviation Analysis. Notice shall include the order number of the grant award; (f) Taking one of the following actions, within 30 days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- - (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency, (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The grant recipient may, but is not required to, insert in the space provided below the site for the performance of work done in connection with the specific grant. Places of Performance (street address, city, county, state, zip code). For the provision of air service pursuant to the grant award, workplaces include outstations, maintenance sites, headquarters office locations, training sites and any other wo where work is performed that is supported by the grant award. ] if th ere , 4o*Qlaces`qn file that are not identified here. Grant Recipient Date SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM GRANT ASSURANCES Certification. The Grant Recipient hereby assures and certifies, with respect to this 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 Grant Project, including, but not limited to the following; 1. General Federal Requirements. Federal Legislation a. Davis-Bacon Act - 40 U.S.C. 276(a), et seq. b. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. Airport Assurances (9/99) c. Hatch Act - 5 U.S.C. 15 et seq. d. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq. e. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). f. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469a through 469c. Native Americans Grave Repatriation Act - 25 U.S.C. 3001, et seq. h. Clean Air Act, P.L. 90-148, as amended. i. Coastal Zone Management Act, P.L. 92-583, as amended. j. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 k. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. 1. American Indian Religious Freedom Act, P.L. 95-341, as amended. in. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq. n. Power Plant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C.8373. o. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. p. Copeland Anti-ldckback Act - 18 U.S.C. 874. q. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. r. Wild and Scenic Rivers Act, P.L. 90-542, as amended. s. Single Audit Act of 1.984 - 31 U.S.C. 7501, et seq. t. Section 404 of the Clean Water Act, as amended. Executive Orders Executive Order 13513 — Text Messaging While Driving (see attached clause entitled "Financial Assistance Policy to Ban Text Messaging While Driving") Executive Order 11246 - Equal Employment Opportunity Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 29 CFR Part 1 - Procedures for predetermination of wage rates_ d. 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. e. 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). f. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements). g. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments. h. 49 CFR Part 23 - Participation by Disadvantaged Business Enterprise in Airport Concessions. i. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. j. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. k. 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. Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A -133 - Audits of States, Local Governments, and Non-Profit Organizations c. A -102 - Grants and Cooperative Agreements with State and Local Governments. d. Any other applicable OMB Circular based upon the specific grant recipient. The Sponsor shall ensure that any use of airport funds in conjunction with this Grant Project comply fully with all regulations and policies of the Federal Aviation Administration for use of those funds. 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. 2. Responsibility and Authority of the Grant Recipient. It has legal authority to apply for the grant, and to finance and carry out the Grant Project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the Grant 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 Grant Application and to provide such additional information as may be required. 3. Funds Availability. It has sufficient funds available for that portion of the Grant Project costs that are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement that it will own or control. 4. Preserving Rights and Powers. a. It will not take or permit any action that 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 the grant agreement without the written approval of the DOT, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the DOT. 5. Accounting System, Audit, and Record Keeping Requirements. ZN a. It shall keep all Grant Project accounts and records that fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the Grant Project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the Grant Project supplied by other sources, and such other financial records pertinent to the Grant Project. 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 (31 U.S.C. 7501-7507). b. It shall make available to the DOT 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 the grant. The DOT may require that a recipient conduct an appropriate audit. 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 Project in connection with which the 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. 6. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on the Grant Project funded under this grant agreement that 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. 3141 et seq.), 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. 7. Economic Nondiscrimination. In any agreement, contract, lease, or other arrangement under any Grant Project funded under this grant agreement and for which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the Grant Recipient will insert and enforce provisions requiring the contractor to (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 8. Engineering and Design Services. It will award each contract or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the Grant Project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 1101 - 1104) or an equivalent qualifications-based requirement prescribed for or by the Grant Recipient. 10. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 1 1. Buy America. In accordance with DOT annual appropriations restrictions, funds provided under this award must be expended consistent with Sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 1 Oa- I Oc, popularly known as the "Buy American Act"). In accepting this award, the Grant Recipient agrees to comply with such provisions and to review the provisions of the Act to ensure that all expenditures made under this award are consistent with such Act. . ,�- 1) -)2- Date CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTIONS 2 C.F.R. Part 1200, 49 C.F.R. Part 32 Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances, 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -- Z5. Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this Grant Application/proposal had one or more u c transactio eral, State or local) terminated for cause or default. (2) more pros 9 th tive prim participant is unable to certify to any of the statements in this tJ certificatio p r pective p icipant shall attach an explanation to this proposal. '�ve