HomeMy WebLinkAbout2011-093-10/18/2011-AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AWARD AND AGREEMENT WITH THE U.S. DEPARTMENT OF TRAN RESOLUTION 2011-093
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AWARD AND AGREEMENT WITH THE U.S. DEPARTMENT OF
TRANSPORTATION FOR A GRANT PERTAINING TO THE
FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
WHEREAS,the Cities of Fort Collins and Loveland jointly own and operate the Fort Collins-
Loveland Municipal Airport (the "Airport"); and
WHEREAS, the Cities have applied for a grant under the Small Community Air Service
Development Program from the U.S. Department of Transportation ("DOT") in the amount of
$221,500 (the "Grant") to fund a the Airport's efforts to address the air service needs of the
community through completion of an air service development,communications and marketing plan
for the Airport and development of a plan for the wingless flight program; and
WHEREAS, the DOT has notified that the Grant has been awarded to the Airport on the
terms and conditions set forth in the Grant Award and Agreement attached hereto as Exhibit A and
incorporated herein by this reference (the "Grant Agreement"); and
WHEREAS, the Grant requires local matching cash funds in the amount of$19,602 (the
"Local Cash Funds"), which are available for appropriation from the Airport Fund balance, and a
local matching"in kind" contribution valued at $16,335 to be provided by the Airport; and
WHEREAS,the Grant funds and the Local Cash Funds required under the Grant Agreement
will be appropriated by the City of Loveland as a supplement appropriation to the Airport's 2011
budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Grant Agreement and the Grant Assurances attached thereto are
hereby approved.
Section 2. That the City Manager is authorized, following consultation with the City
Attorney,to modify the Grant Agreement in form or substance as deemed necessary to effectuate the
purposes of this resolution or to protect the interests of the City.
Section 3. That the City Manager and the City Clerk are hereby authorized and directed
to execute the Grant Agreement, and the Grant Assurances attached thereto, on behalf of the City
of Fort Collins.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th
day of October A.D. 2011.
May r
Op FO/?T
ATTEST: �`�..•' .,.O
tot •Z.y
City Clerk p•,, ,:
O�ORADO
EXHIBIT A
GRANT AWARD AND AGREEMENT BETWEEN THE
U.S. DEPARTMENT OF TRANSPORTATION
AND THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT,
ACTING FOR THE COMMUNITIES OF FORT COLLINS AND
LOVELAND, COLORADO, UNDER THE SMALL COMMUNITY AIR
SERVICE DEVELOPMENT PROGRAM
WHEREAS, the Fort Collins-Loveland Municipal Airport(hereinafter referred to as the
Sponsor), on behalf of the communities of Fort Collins and Loveland, Colorado,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 to the Sponsor for a grant of up to
$221,500 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$221,500.
2. Payment of the United States' share of the agreed project costs will be made
pursuant to and in accordance with the provisions of such regulations and
procedures as DOT may prescribe.. Final determination of the United States'
share may be based upon a final review of the total amount of agreed project
costs and settlement will be made for adjustments to the United States' share
of costs.
3. The Sponsor shall carry out and complete the 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 Award constitutes an obligation of federal funding. This Grant
Award shall expire and the United States shall not be obligated to pay any part
of the costs of the project unless the Sponsor signs this Grant Agreement on or
before October 30, 2011, 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 Award
and 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 October 30, 2011, DOT may unilaterally terminate this Grant Award
and Agreement.
5. The Sponsor shall take all steps, including litigation,if necessary, to recover
Federal funds when DOT determines, after contiultation 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 fiords have
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 the Grant Award 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 funish 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)will apply to the extent that the Sponsor procures property and services
in carrying out the approved grant project(s).
B. SPECIAL CONDITIONS
1. 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
application,or alternatives approved by DOT;
b. The Sponsor fails to provide the in-kind contributions for the
commercial air service and wingless flight plan elements, 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 -
tinder 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 clays' prior written notice,the Sponsor may request
termination of this Grant Agreement.
=l. Subject to the terns:; set forth in this Grant Agreement, and unless otherwise
agreed between the Sponsor and DOT, this Grant Agreement will expire on
December 31, 2013.
C. PROPOSAL SPECIFIC CONDITIONS
1. Legal Sponsor: The Fort Collins-Loveland Municipal Airport, designated by
the communities of Fort Collins and Loveland,,Colorado, as the legal Sponsor
under the Small Community Air Service Development Program, shall
administer the Grant according to the conditions set forth in this Grant
Agreement.
Sponsor Contact:
Jason Licon
Airport Director
Fort Collins-Loveland Municipal Airport
4900 Earhart Road
Loveland, CO 80538
Phone: (970) 962-2850
Fax: (970) 962-2855
liconi @ci.loveland.co.us
2. Project Goals and Objectives
o Promote new commercial au service by creating a detailed new air service
development, communications, and marketing plan focused on attracting
out-bound business passengers and in-bound leisure passengers.
o Improve the quality of air service for residents of the Fort Collins-
Loveland Municipal Airport(FNL) catchment area by studying and
developing a wingless flight program that allows FNL to serve as an
offsite location for ticketing,check-in, and security screening for flights
originating at Denver.
3. Fundina
a. Total Project Cash Costs: $241,102
Federal Share: $221,500
Local Share: $19,602 In-Kurd: $16,335
b. Payment by DOT shall not exceed$221,509:for the Total Project Cash
Costs, which include the costs of studying and developing an air service
plan and a new wingless flight program.
c. The contnnrnity will provide the in-kind contributions for the commercial
air s ervice and wingles:, flight plan elements as described in its
application, or alternative in-Lind contributions approved by DOT, toward
implementation of the authorized grant project.
d. The Sponsor shall pay the costs associated with the 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.
e. To seek reimbursement from DOT, the Sponsor shall submit documentary
evidence of all expenditures associated with the 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
91.87 percent of all valid expenditures submitted(Federal share of total
project costs set forth in paragraph a. above), subject to paragraph f.
below. All reimbursement requests to DOT shall include sufficient
documentation to justify reimbursement of the Sponsor, including invoices
and proof of payment of the invoice.
f. The Sponsor shall submit a copy of the results of each study within 60
calendar days after the completion of the study.
g. Payment of the final 10 percent of the Federal funding for the project will
be made after receipt by DOT of the final report set forth in Section CA.
below.
h. 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.
i. All requests for reimbursement must be made by the Grantee within 60
calendar days after the date of expiration(see Section B.4)of this Grant
Agreement.
j. All expenses for this 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.
k. 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. 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 project report is due on January 15,2012.
b. Project reports shall include the following. (i)brief narrative detailing the
status of the grant project and the progress being made towards the goals
and objectives described in Section C.I. including a description of
milestones achieved towards the completion of the studies and air service
4
plans;.(ii) status report on the hiring of any consultants in conjunction with
implementation of the authorized grant project; and(iii) status report on
progress toward completion of the in-kind cortributions committed to
implementation of the authorized grant project, including documentation
evidencing that in-kind contributions were made;
c. Final report (in a format to be provided by DOT) of the Sponsor's
assessment of the project shall be made to DOT within three months after
expiration of this Grant Agreement or conclusion of the grant project,
whichever occurs earlier.
5. Sponsor Obligations
a. The Sponsor shall, within 15 calendar days after their execution, provide
DOT with a copy of all agreements executed between the Sponsor and any
consultants, air carriers, or other parties with respect to the 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.
b. The Sponsor shall provide evidence on a quarterly basis as set forth in
Section C.4. above, to demonstrate the progress that it has made toward
securing the third party in-kind contributions per Section C.3.a. above and
as described in its application,or alternative third party in-kind
contributions approved by DOT.
c. 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.
E. DEFINITIONS
Agreement: Any written or oral contract, obligation, commitment, or
understanding between the Sponsor and/or all parties identified in the
community's Grant Application.
Application or Grant Application: The complete document submitted by the
community/sponsor to DOT in Docket OST-2011-0119, including any
amendments.
S
Carrier or Air Carrier or Airline: A citizen of the United States undertaking,
by any means, directly or indirectly to provide air transportation, including
commuter air carriers and air taxi operators.
Community: All parties identified in the Grant Application as participating in the
approved Grant Project, including the designated Legal Sponsor.
DOT: United States Department of Transportation.
Execution of Grant Agreement: Signing of the written Grant Agreement by
DOT.
Federal Share: Federal funds authorized for use by the grant recipient in
implementing the approved grant project.
Grant Agreement: The written agreement between DOT and the Sponsor for the
Grant Project under the Small Community Air Service Development Program and
DOT Order 2011-7-1, incorporating by reference, except to the extent otherwise
inconsistent with the terms of the written agreement, the original application filed
with Grants.gov on August 2, 2011, in Docket OST-2011-0119, including any
amendments, as well as any material submitted in the Docket as Confidential
Material.
Grant Recipient/Grantee: Community entity/entities receiving the SCASDP
grant, including the Sponsor.
Local Share: Public,community, state, or private funds described in the Grant
Application for use in implementing the Grant Project, excluding third party in-
kind contributions.
Party: DOT and/or the Sponsor, as the context indicates.
Project or Grant Project: The authorized use of Federal and/or local finds to
fulfill the goals and objectives detailed in the Grant Agreement.
Proposal: Project defined by the commmuty 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 2 1" Century(AIR-21). P.L. 106-181,
as amended by Vision 100—The Century in Aviation Reauthorization Act. P.L.
108-176. and codified in=40 U.S.C. 417=13.
ti
Sponsor Obligations: Material responsibilities of the Sponsor under this Grant
Agreement and those documents incorporated by reference into the Grant
Agreement as set forth above(Definition of Grant Agreement).
Sponsor or Legal Sponsor: The designated representative of the Grantee to
administer and oversee implementation of the Grant Agreement and fulfillment of
the authorized grant project.
In-Kind/Third Party In-Kind Contribution: Property or services'that benefit a
federally-assisted project or program and that are contributed by non-Federal third
parties without charge to the Grantee or a cost-type contractor under the Grant
Agreement.
Total Project Cash Costs: Sum of the Federal and local cash shares contributed
toward completion of the Grant Project, excluding third party in-kind
contributions.
G'RANT AWARD .
This Grant Award is made in accordance with 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 Clb\ day ofY rl 2011.
United States Department of Transportation
(SEAL)
Aloha Ley
Associate Director
Small Community Air Service Development
Program
ACCEPTANCE
The undersigned Sponsor agrees to accomplish each element of the Project in compliance
with the terms and conditions of this Grant Agreement and the Assurances attached
hereto and incorporated herein.
Executed this day of 12011.
Fort Collins-Loveland Municipal Airport
Fort Collins, Colorado and Loveland,
Colorado
(SEAL)
By:
Signature of Sponsor's Designated Official Representative
Printed Name
Title
Attest:
Title: --
CERTIFICATE OF SPONSOR'S ATTORNEY
I, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant
Agreement under the laws of the State (or Commonwealth) of
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 U.S.C. 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 full 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.
Signature of Sponsor's Attorney Date
Printed or Typed Name Telephone
Attachments
OFFICE OF THE SECRETARY
DEPARTMENT OF TRANSPORTATION
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
(the Grant Recipient)HEREBY AGREES THAT,
(Name of Grant Recipient)
I. As a condition to receiving any Federal financial assistance from the Department of
Transportation, it will comply: with Title VI of the Civil Rights Act of 1964,as amended,42
U.S.C. 2000d--42 U.S.C. 2000d-4; all requirements imposed by or pursuant to: Title 49, Code of
Federal Regulations, Part 21,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.
III. 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 Legal Name of Grant Recipient
By:
Signature of Authorized Official
UNITED STATES OF AIVIERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
OFFICE OF AVIATION ANALYSIS
CERTIFICATION REGARDING INFLUI♦NCING 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 fiends 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 fiords 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
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and
not more than$100,000 for each such failure.
Signature Date
Title
Grant Recipient
UNITED SPATES OF AMERDCA
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 drub free awareness program to inform employees about--
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling,rehabilitation,and employee assistance programs;and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
(c) Making it a requirement that each employee to be engaged in the performance of 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--
(t) 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 worksites where work is performed that is supported by the grant award.
Check[ ) if there are workplaces on file that are not identified here.
Grant Recipient Signature Date
SMALL COAfflkAUNtITY AIR SERVICE I)EVELOP-I4ENT PROGRAM
GRANT ASSURANCES
Certification.The Grantee 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 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. 1501, 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.
g. 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.
m. 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-kickback 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 1984- 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 - httergovernmental Review of Federal Programs.
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR. Part 13 - lnvestioative and Enforcement Procedure:;.
b. 14 CFR Part lip- 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 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 the grant agreement.
2. Responsibility and Authority of the Grantee.
It has legal authority to apply for the grant, and to finance and carry out the proposed 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 application, including all understandnigs 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.
3. funds Availability. It has sufficient funds available for that portion of the 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 modifV any outstanding rights
t
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;beeping Requirements.
a. It shall keep all 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 project in connection with which the grant is
given or used, and the amount or nature of that portion of the cost of the project supplied by other
sources, and such other financial records pertinent to the 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 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 any projects
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 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 Grantee 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 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 Grantee.
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 2=4.
11. Buy Aincrica. In accordance with DOT arnnial 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. lOa-10c, popularly Mown as the "Buy American Act'). In accepting this award,the Grantee
agrees to comply with such provisions and to review the provisions of the Act to ensure that all
expenditures made tinder this award are consistent with such Act.
Grant Recipient
Signature of Authorized Grant Recipient Official Date
OFFICE OF THE SECRETARY OF TRANSPORTATION
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.
S. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lover tier covered transaction that it is not proposed for debarment tinder 48 CFR pant 9,
subpart 9.4. debarred. suspended, ineligible,or voluntarily excluded from the covered
J
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 riot 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 --
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 stances 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 application/proposal had one or more
public transactions (Federal, State or local) terminated for cause or default.
(2)Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Name Affiliation
Title Date
OFFICE OF THE SECRETARY OF TRANSPORTATION
•CERTIFICATION REGARDING DEBARMENT,SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION -- LOWER TIER COVERER
TRANSACTIONS
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is
providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3.The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
4. 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 meaning set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may contact
the person to which this proposal is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective lower tier 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 with which this transaction originated.
6.The prospective lower tier participant further agrees by submitting this proposal that it
will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7. 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 par'f9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from
covered transactions, 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.
8. 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 laiowledge 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.
9. Except for transactions authorized under paragraph 5 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 with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Certification Regarding Debarment,Suspension, Ineligibility an Voluntary
Exclusion --Lower Tier,Covered Transactions
(1)The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible,or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to
this proposal.
Name
Title
Affiliation
Date