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HomeMy WebLinkAbout2010-12-29 11-042 ORDERCOUNCIL ACTION 042 Item No. Date: 12-27-30 Item/Subject: ORDER, Authorizing the Airport to Enter into a $500,000 Grant Agreement with the US Department of Transportation Under the Small Community Air Service Development Responsible Department: Airport Commentary: The DOT awarded Bangor International up to $500,000 W improve air service W the region by increasing competition and opacity in the market, The application specifically focuses on air service to either Washington DC or Chicago. Under the provisions provided in the grant award, this Small Community Air Service Development Program grant may be used to reduce an airline's risk in entering a new market. Funds will also be used for marketing and advertising to support the service. Due to the quick response time for returning the grant agreements, this Order will ratify staffs elgnature on the grant agreement. Rebecca L Hupp Department Head Manager's Comments: This has been reviewed and is recommended for approval by the Business and Development Committee. 4 h City Manager Associated Information: Order, C eC .t Budget Approval: Finance Director Legal Approval: Introduced for _}t_ Passage _ First Reading _ Referral Page _ of _ J. 1 1,412 Assigned to Councilor - pmlmer necember 47, 4010 T1 C3�h+° CITY OF BANGOR (TITLE.) ORDER, Authorizing the Airport to Enter into a$500,000 Grant Agreement with the US Department of Transportation under the Small Community Air Service Development WHEREAS, The City of Bangor owns and operates the Bangor International Airport; and WHEREAS, the US Department of Transportation awarded Bangor International a grant of up to $500,000 under the Small Community Air Service Development Program; and WHEREAS, the intent of the grant is to improve air service to the region by increasing competition and capacity in the market, specifically focused on air service to either Washington DC or Chicago; and WHEREAS, the terms of this agreement are in the best interest of the Airport and the City of Bangor; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That The Airport is authorized to enter into a grant agreement with the US Department of Transportation under the Small Community Air Service Development Program for a grant of up to $500,000 in substantially the same form as attached hereto and in a final form as approved by the City Solicitor or Assistant Solicitor. m Citi COW= I Dec r 28. 2010 Nation W e and Seca " for Passage Ya Md 4 .B¢N 11 042 GRANT OFFER AND AGREEMENT BETWEEN THE US. DEPARTMENT OF TRANSPORTATION AND THE CITY OF BANGOR, BANGOR INTERNATIONAL AIRPORT, ACTING FOR THE COMMUNITY OF BANGOR MAINE, UNDER TRE SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM WHEREAS, the City ofBangor, Bungnr LHemaGonel Airport (hereinafter referred to as the Sponsor), on behalf of the commonly, of Sham; Main, has applied for a Grant order the Small Community Air Service Development Program; now FUFFT FORE, the U.S. Dep rnment ofTremportation, hereinafter referred to as the DOT, acting for the UNITED STATES, offers the Sponsor great of up to 5500,01al to assist in the Sponsor's efforts to address the air service needs of the community. THIS OFFER IS MADE ON AND SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. The maximum obligation of the United States payable under this Off shall be 5500,000. 2. Payment of the United Smtes'sM1are of the agreed project costs will be made pursuant to and in accordance with the provisions of such regulations and prate' share Ore DOT may upon final review of the ttan amount the United States' snare maybe basedtwin sheaf reviewnfthetotalo the nofagreed projectf ouU and settlement will be made for adjusanents to the United States' share ofousts. 3. ane in accoar rdanallce witry hthetunsherelete of,and Projectslathoa[onduedebays dur as In accordance pwiththe terms hereof, and such regulations and procedures the DOTmayme eriigh 4. The DOTreservest the Spoto amend or withdrew this oReratany time prior m is aver shall by the Sponsor. 5. pan offer shall "The andthe unless ted the tes shelSponsor not beobligated to or any pen of the costs of me project unless ub Sponsor ecrepts this offer onto before December 23, 2010, or such subsequent date az may be proscribed in writing by the DOT. 6. The Sponsor shall take all steps, includingto litigation, ift with he m recover Federalfulls a when DOT determines,aftercoasully, onwillthe nofFe that such fulls have been spew fraudulently, in p wasject upon or c violation funds have laws, or misused in any manner s my project upon me le Federal funds nave beans hands o ev the used or disbursed orchis y the Sponshe term "Federal originally emir pursuant used orrdisbgred by the Spomsoer reforest o as the Grantrsuamttothis ECT creat Agreement (hereinafter refacedroas the Gram Agreement). ]. The Sponsorsfiron completion udermunpursuazd Wthe rind of0uee years from completion of all projects undertaken pursuant b the 1?_ 042 Grant Agreement aar receipt of fired reimbursement firm the U.S. Treasury. It shall famish the DOT, upon request, all documents and records pertaining to the determination of the amount of rise Federal share or to any settlement, litigation, rwgatiation, or other effonsmken to recover such fears. All settlements or other final positions of the Sponsor, in court our otherwise, evolving the recovery of such Federal share shall be approved in advance by the DOT. 8. The United States shall nut be responsible or liable fm damage to property or injury to persons that may arise from, or be incident m, compliance with this Gent Agreement. 9. The Spovsor shall ensure compliance with Federal regulations requiring conduct of Federally -approved audit of my expenditure of funds of $500,000 or more in a year in pecked awards. 10. The provisions of 49 CPR Part 18 IDOT's procurement standards for grams) will apply to the ea en themthe Sponsor procures pmperty and services in carrying out the approved grant projeca s). B. SPECIAL. CONDITIONS 1. Subject to she semis setforth in this agreement, the DOT reserves the right to teammate the Grant Agreement, and the, DOT's obligations thereunder, on 90 days' written notice, artless otherwise agreed between the Sponsor and the DOT, if my of the following occurs: a. The Spurner fails In provide the loca(contribution as provided in its application, or alternatives approved by the DOT; b. The Sponsor fails to provide the us -kind contributions as provided in its grant application, or alternative in-kind contributions approved in writing by the DOT; c. The Sponsor does not meet the conditions and obligations specified under this Gent Agreement; d. The DOT determines that termination is in the public interest. 2. Either party may seek ro emend or modify this Greet Agreement on 30 days' written mice to the other party. The Grant Agnmu mm will be amended or modified only on mutual written agreement by both parties. 3. At my time, on 30 days'written notice, the Sponsor may request termination ofthis Grant Agreement. 4. Subject In the terms set forth in (his Grant Agreement, and unless otherwise agreed between the Sponsor and the DOT, the Great Agreement will expire Demmber 31, 2013. C. PROPOSAL SPECIFIC CONDITIONS I. Least Soarer: The City of Bangor, Bangor International Airport, designated by the community ofBagm, Maine, as the legal Sponsor under the Small Community Air Service Development program, sball adminitter the Grunt according to the conditions set forth m this Grant Agreement 11 042 Sponsor Contact Ms. Rebecca Hupp Director City ofBangor Bangor Intemafional Airport 287 Godfrey Boulevard Bangor, ME 04101 Phone: 20-9924601 Email: rhupP@Bybangor.com 2. Proiect Cmulsand Obiecdves OtherProjecl Coaam: R msn H. Masters Mmketing Manager 287 Godfrey Boulevard Bangor,ME 04401-3025 Phore: 207-9414610 Fax: 207-945-3607 Email: rmazters@Bybam or.com Goal: To attain additional hub seem and commode" the DS aG transportation system. Objective: To obtain air service W Chicago, Washington, DC area or Charlotte. Funding a. Total Project: Caleb Cosh: $750,000 Federal Share: $500,000 Local Share: $250,000 b. Payment by DOT Call not exceed$50 W for the tonal project cub costs, which include revenue gwrantee and marketing. c. The Sponsor shall pay the costs associated with the grew projea prior to seeking reimbursement from the DOT. d. To seek reimbursement from the DOT, the Sponsor shag submit documanary evidence of all expe udimres associated with the grant project set forth in paragmph b., above, used included in the round project cub costs set forth in paragraph s., above (those to be covered by the local and/or smote contribution, as well as those covered by the Federal contribution) on a moatbly basis. The DOTwill reimbursetbe Sportsman a monthly basis for66.67 pereentofall valid expenditures submitted (Federal share of wW projeacosts sa forth in psmgraph a., above), subject m paragraph e., below. All reimbursement requests to the DOT shall include sufficient documentation tojustify reimbursement of Cc Sponsor, including invoices and proof of payment of the invoice. e. Payment of Cc final10 percent of the Federal funding for project will N made after receipt by the DOT of the final report set forth in Section C.4., below. E No reimbursement by the DOT will be made until the Sponsor has provided the DOT with a copy of the revenue guarantce agreement, including the cost and revemu bases for the compensation required. g. At the sole option of the DOT, funding may terminate 12 months after Ne execution ofthis Gant Agreement if me Sponsor is unable to execute an It 042 agreement with an air canner for air service m Bangor, unless otherwise agreed between the Sponsor and the OOT. h. At the sole option ofthe WT, funding may hurvimate within 6 months after execution of an agreement with an air carrier for service at the community if the annealing program to support the service has not been developed and implemented, unless otherwise agreed between the Sponsor apt the DOT. i. At the sole option of the DOT, funding under this agreement may terminate If no air service by an air carrier has commenced within 18 months after the execution of this grant agreement, unless otherwise agreed between the Sponsor and the DOT. j. If during the revenue guarantee period, the carrier stops providing the agreed-upon service, the DOT will only provide reimbursement to the Grantee for actual service provided by the carrier under the agreement. L The Sponsur shall ensure that the fonds provided by the DOT are not misappropriated or misdirected to any other account need, project, line - item, or the like. 1. All requests for reimbursement must be made by the Grantee within 60 calendar days from the date of expiration (see Section B.4) of the Greet Agreement. m. Any Federal funds not expended by the grmaee in co junction with the project by the date of expiration (see Section B.4) of the Grant Agreement will remain with the DOT, unless otherwise agreed between the Sponsor apt the DOT. No further reimbursements to the Sponsor for costs incurred ager that data will be made or are to be expected. n. Should this Grant Agreement be terminated prior to the expiation date provided herein, the DOT reserves the right to require that any of the funds reimbursed to the Sponsor be remmed to the DOT. 4. Reports a Project reports, including progress on milestones as set forth in paragraph b., below, shall be reported to the DOT on a quarterly basis, with reports due to the DOT as follows: April 15 for the First Quarter, July 15 fordo Second Quarter, OcI ber 15 for the Thiol Quarter, and January 15 for the Fourth Quarter. The first project report is due on April 15,2011. b. Project reports shall include the following: (i) briefnarrmwe detailing the stairs of the grant project and the progress being made towards the goals and objectives described in Section C2.; (it) stems report on the hiring of any cureulmms in conjunction with implementation of the authorked grant project; (iii) slams report on all marketing or promotional activities undertaken (iv) status report on comment negotiations with airlines, including any revenue presence agreements; (v) sugar report on corrcmct negotiations with other thud parties; (vii) comparison of enplanemenm at the airport generally on a monthly basis beginning with the month of execution of the Grant Agreement with the same month in each ofthe previous two years (in a former provided by the DOT). Ii 042 c. Fimimpon(inafonnatmbeprovidedby DOT)ofthe Sponsor's assessment ofthe project shall he made to the DOT within these months after expiation of this Gant Agreement or conclusion of the grant project, whichever occurs earlier. 5. a. Witt Obfuations a. anends momhsfoa&ac the date ofhe Spoonofanasubmit twits D entire efor service azrhe community, the Sponsor shall submittothe DOTpes of a smarketing plan azset eonsinthe applior application, including the types of media to be used, projected expenditures for each marketing compartment,andtimeline for release of the markc[ing/advMi copi material. b. The Sponsor shall pts incl ing: auMniv Prowess Reports, copies rials promotional materials including: (i) copies of anyheat m newspapermy or other promne advert material imple directmailings,and arty otherpromairnal material used in impcopies f its proposal; (ii) copies rds will [board advenisemente and cities or amounts where the billboards will appear; (iii)deudlsofany balanced marke piece, gam, including the sites on which the marketing will tnkeplacia eM CDforcother amnsv al marketing materials o ad VHS, DVDs, or CDs lbrcommercial television and/or atho advertisements) to he ed. c. The Sponsor shall, within ov meets calendar their betweexecution,provide the DOT with, copy riall a grtther parties between rhe grant rand ojeany conThe Spanner air carriers, m 5 calender d with resp«tio the grant project. The Sporu;n shall, within IS calendar days of execution, o also provide the The Sponsor s notice of my amendmentee or termination to such agreements. The Sponsor shall ensue that all agreements entered into with thud parties dcumentthisgamartted byretent memos Oram Agreement and the amendments execueinto the Gant Agreement, and any amendments or modifications executed, pursuants0fo Section B. d. The Sponsor shell ensure that the obligations It foM in this Oram Grant Agree Agreement a tin the DOto do so may result in tenninetion of the Grant Agreement by the DOT. D. ASSDEANCES The Sponsor shall execute the attached assurances and certifications in conjunction with execution of this Grant Agreement and shall ensure compliance by the grant recipient with those assumuces and certifications. E. DEFINITIONS 1.1 742 Agreement: Any written or oral contract, obligation, commitment, or understanding between the Sponsor and/or all parties identified inthe community's great proposal. Application or Grant Application: The complete document submitted by the community/sponsor to the DOT in Docket OST -2010-0124, including ammdmenm. Cartier or Air Currier or Aldine: A citizen of the United Stares undertaking, by any means, directly or indirectly to provide air transportation, including commuter air carriers and yr taxi operators. Community: All parties identified m the gent application as participating in the approved grant project, including the designated Legal Sponsor. DOT: United Stones Department of Transportation. Execution of Great Agreement: Signing of the written Gant Agreement by the DOT and the Sponsor. Federal Share: Federal fonds authorized for use by the Want incipient in implementing the approved grant project Grant Agreement: The written agreement between the DOT and the Sponsor lot the authorized project under the Small Community Air Service Development Program and DOT Order 2010-7-16, incorporating by reference, except to the extent otherwise inconsistent wit the tonus of the written agreement, the original application filed with Gants.gov on August 27, 2010, in Docket OST -2010-0124, including any amrndments, as well as any material submitted in the Docket as Confidential Material. Grant Recipient/Grantee: Community entity/endties receiving the SCAMP fund, Local Share: Public, community, amts, or private fiends described in the grant application for use in implemenfing Cc approved grant project, exclu ling third party in-kind contributions. Party: The Department of Transportation and/or the Sponsor, as the context indicates. Project or Grant Project The authorized use of Federal and/or local funds to Will the goals and objectives detailed in the Grant Agreement, Proposal: Project defmrA by the community in its Want application. 11 042 Quarter or Quarterly: Calendar quarter. Reports or other information required far submission on a quarterly basis are due no later than 15 calendar days after close of the calendar quarter. Small Community Air Service Development Program (SCASDP): A gmat-in- aid financial assistance program originally established under Ne Wendell H. Ford Aviation Investment and Reform Act for the 21"Comore (AIR -21), P.L. 106-181, mnmded by Vision I00 Tne Century in Aviation Reauforization Act, P.L. 108-1]6, and codified in 49 U.S.C. 41743. Sponsor Obligations: Material responsibilities of the Sponsor under this Grant Agreanent and Nose documents incorporated by ref n" into the Grant Agreement as set forth above (Det ition of Grant Atmemet). Sponsor or Legal Sponsor: The designated representative athe grantee to administer and oversee implementation of the Grant Agreement and dull I herst of the authorized grant project. In-Kindffbird Forty In -Kind Contribution: property or services which benefit a federally assisted project or program and which are contributed by non -Federal third parties without charge to the grantee or a cost -type contractor under the grant agreement. Tool Project Cash Conts: Sum of the Federal and local cash shares contributed toward completion ofthe approved gram project. excluding third party in-kind contributions. This offer is made yr accordance wlNPoblic Law 108-196sad Public Law 110-161, according to the above conditions and assurances. aecuted this (SEAL) Si 042 United States Department of Transportation Aloha Lay Associate Director Small Community Air Service Development Program ACCEPEAISCE The undersigns] Sponsor agrees to accomplish each element oftbe project in compliance with the terms and conditions conmins] herein. &ccuted Nis dayof ,2010. City ofBangor, Bangor International A'uport Bangor, Maine (SEAL) By, Siwe a(Stoom'¢Ikei�etai o2vial Repremmire Attest: Title: 11 n42 CERTIFICATE OF SPONSOR'S ATTORNEY 1, ,acting es Atromey for the Sponsor do hereby certify: net 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 relrting thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized mind that the execution Hereof is n all respects due and proper and in aecoNmrce with the laws of due said Stere (or Commonweaild mod Title 49 U.S.C. In addition, for grams 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 nor the said Grant Agreement, including the Assurances, consignees; a legal and binding obligation of the Sponsor in accordance with the terms thereof. Signature of Sponsor's Attorney Date Pdntedor Typed.Name. Telephone 1.'. 0,42 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 ACTOTI ES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE (hmplemenfing the Rehabilitation Act of 1973, as amended and the Air Cartier Access Act of 1986) 49 CFR Pads 21 and 27 and 14 CFR Parts 271 and 382 (the Grant Recipient) HERE=BY AGREES THAT, (Name ofC aunt pacifism) 1. As a condition to receiving any Federal financial assistance fiom the Department of Transportation, it will comply. with Title VI of the Civil Rights Am of 1964, as amended, 42 U.S.C. 2000d--42U.S.C.200014, SH mqumancras imposed by or pursuant to: Title 49, Code of Federal Regulations, Pan 21, Nondiscrimination in Federally -Assisted Programs of the Dependent of Transportation --Effectuation of Title VI of the Civil Rights Am of 1964; and other pertinent directives an that no person in the United Staces shall, on the grounds of more, color, or national origin, be excluded Dom participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient �ivesFede ftcialeesistancefromthe DeprnnemofTmnsportmion. This assurance is "uired by Title 49, Code offederal Regulations, section 21.7m) and Title 14, Code of Federal Regulations, section 271.9(c). B As a condition m receiving any Federal financial assistance from the Department of Tra pormtiogdwillcomplywith: section 504 ofthe Rehabilitation Act of 1973, as amended (29 U.S.C. 7%); the Air Cartier Access Ad of 19M (49 U.S.C. 1374(c)); and all requirements imposed by or pursuantto Title 49, Code ofFedeml Regulations, Pan 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting Gam Federal Financial Assistance, Title 14, Cede of Federal Regulations, Part 382, Nondiscrimination on We Basis of Handicap in Air Travel; and other permond directives so that no otherwise qualified person with a disability, be excluded from participation in, be denied the benefits of, be discri mmated soared by reason of such handicap in flue provision of air irmspodation, or otherwise be subjected to discrimination under any program for which the Recipient receives Federal financial assistance 11 042 from the Department of Transportation. This assumave 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 BI. It will promptly take any mesures necessary to effectuate this agreement. The Recipient Border agrees that it shall tare reasonable actions to guarerdee that it its ornaments 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 smmtcs ant Department of Transportation regulations cited above, other pertinent directives, and the above assurances. N. These assurances obligate the Recipient for the period during which Federal fnuumial asistance Nentmded. The Recipient agrees tbatthe United States has a right to sxkjudicial enforcement with reps] to any matter arising under Ne spaces es and Department of Transpottation regulations cited above, other pertinent directives, and the above assurances. V. There assurances are given for the purpose of obtain! ng Federal grant assismvce under the Small Community Air Service Development Program and we binding on the Recipient, cmftcvt ,subcontrettors, reassesses, successors in interest, and all otlrer 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 Nis agreement on behalf ofthe Grant Recipient. VI. In addition to these ssummes, da Recipient agrees N file: a summary of 01 complaints filed against it within the past yea that allege viobtion(s) by the Recipient of Tide VI of the Civil Rights Act of 1964, as smarmed, section 504 of the Rehabilitation Am of 1973, as amended, or the Air Carrier Access Aa of 1986; ora statement that there have been no complaints filed against iL.The summary should include the date Ne 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). By: Legal Name of Grant Recipient Signelureof Authorized Official F' r-42 DEPARTMENT OF TRANSPORTATION OFFICE OF TRE SECRETARY OFFICE OF AV IFION ANALYSIS INFLUENCING ACTIVITIES Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the ben of his or her knowledge and belief, that: (1) No Federal appropriated fiords have been paid or will be paid, by or on behalf of the undersigned, to my person for influencing or attempting to influence an officer or employee of my agency, a Member of Congress, an officer or employer of Congress, or an employee of a Member of Congress in comectim with the awarding of any Federal contract, the making of any Federal Fort, the making of my Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of my Federal contract, grant, loan or cooperative agreement. (2) If my fords other than Federal appropriated fords have been paid or will be paid in my person for intluencing or attempting to influence m officer or employee of my agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress nt connection with this Federal conduct, grant, lora, or cooperative agreement, the mdemigned 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 subawmIs a all fiers (including subcontracts, subgrants, and conducts coder goods, loans and cooperative agreements) and lost all subreciplerm shall certify and disclose aecontingly. This certification is a material representation of fact upm which reliance was placed when this transaction was made or eodered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, fide 31, U.S. Code. Any person who failstoftletherequ' certificaionshallbcsubjmwacivilpemhyofnotlessthan$10,000end not more than $100,000 for each web failure. Signature fine Grant Recipient it 1,42 OFFICE OF THE SECRETARY OFFICE OF AVIATION ANALYSIS CERTIFICATION REGARDING DRUG-FREE WOEJOLACE REQUIREMENTS IN ME PERFORMANCE OF SMALL COMMUNITY AIR SERVICEPURSUANTTO GRANTAWARD UNDER THE SMALL COMMUNRY AIR SERVICE DEVELOPMENT PROGRAM A. The gramm iPientwrti&sthat itwill, m WII comi Provide atlrughw worepiamby. (a) Publishmga smlememnotifyin& emploYmS IhaltheuNawfW m®uleclure, tlishibution, diapmsing possasMetwilaeofeconuoingeonalooceis prchibited'mtM gran[recpienl's woAylaze, evtl apeufying@e ecdore Wt will bebken againnempbyaa %r viohtion ofsuch proNbitino; (b) Eslubliio8anonf drub -e in dis reopsprognmbiiJo�memPluSToaa�ut— (1) Thee charm ofdrug abuuwtl ng a r, dree (2) The Blx en'smlicy inhiningatlryof workplace; () Ass bleuand employee ena possessive; mod (4) nomushies that mebe imposed upon "miyees,mr m8 Amevioledmu eccumoB in the ittt of woh supporktl by Me euantlltion ofemplcymw[ dsug&Aute doss oftewiving rutiw under Puwgaph(d)(2), with respect wells eRott W wtWnueb "noun adrug-five workplace WmuBh implemenmion of (ro),a), (e) am R. B. The gone e¢ipientmom, bN is Use re9uiredb, iecen in the ryam Provided below tM site f me performance of wok done in connection wim the spec5c gunL Desna xokppllaetardt i d e usW,Ycions.msnntmemezmiss,beeilquarmsm reheoffc officeolocations,ocationss. Raining Mies anild thneY olherwokstesNone swmls is puffirmN diet isuppmRsl by the Mmawsuci. Check[ ]ifNereerewrkplares oo filemet are not Wendfied here. GmoLRxipiem SiBnpwe OLe 11^42 SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM GRANT ASSURANCES Certification. The Grantee hereby assures and certifies, with respect to this gran, that 1. General Federal Requirements. It will comply with all applicableF terel laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and ase of Federal funds for tha project including but not limitN to the following: Federal Legislation a Davis -Bacon Aa -40 U.S.C. 276(a), at seq. b. Federal Fair Labor Standards Aa - 29 U.S.C. 201, 0 sari. Airport Assurances (9/99) C. Hatch Aa -5 U.S.C.1501, a seq. d. Uniform Relocation Assistance and Red Property Acquisition Policies Aa of 1970 Tide 42 U.S.C. 4601, a seq. e. National Historic Preservation Aa of 1966- Section 106- 16 U.S.C. 470(t). E Archeological and Historic Preservation Act of 1974-16 U.S.C. 469 dreugh 469c. g. Native Americans Greve Repatriation Aa -25 U.S.C. Section 3001, et seq. h. Gear Air Act, P.L. 90-148, as amended L Coastal Zone Management Act, P.L. 93-205, as amended. j. Flood Disaster Protection AU of 1973 - Section 102(a) -42 U.S.C. 4012a1 k. Age Discrimination Act of 1975 -42 U.S.C. 6101, et seq. 1. American Indian Religious Freedom Aa, P.L. 95-341, as. amended. at. Architectural Barriers Act of 1968 42 U.S.C. 4151, at s ni. n. Power Plan and Industrial Fuel Use Act of 1978 - Section 403 -42 U.S.C.8373. o. Conduct Work Hours and Safety Standards Aa -40 U.S.C. 327, et seq. p. Copeland Anti -kickback Act- Ig U.S.C. 874. q. National Enviromnentd Policy Act of 1969 -42 U.S.C. 4321, a seq. r. Wild and Scenic Rivers Act, P.L. 90-542, as amended. s. Single Audit Act of 1984 -31 U.S.C. 7501, a seq. I. Executive Oder 13513—Text Messaging While Driving (see atteehed clause entitled "Financial Assistance Policy to Bal Text Messaging While Driving') Executive Orders Executive Oder 11246 -Equal Employment Opportunity Executive Oder 11990 -Protection of Wetlands Executive Oder 11998—Flood Plain Mmagement Executive Oder 12372 -Intergovernmental Review of Federal Programs. Executive Oder 12898 - Environmental Justice Federal Regulations a. 14 CFR Pert 13 - Investigative and Enforcement Procedures. b. 14 CFR Pat 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c.29 CFR Part l -Procedures for prede[emrieatlon of wage rates. d.29 CFR Part 3 -Contractors and subcontractors on public building or public work fnmaxed in whole or part by loans or gents from the United States. 11 042 e.29 CFR Pan 5 - Labor standards provisions applicable to contracts covering federally financed and assisted cowtmmion(also labor standards provisions; applicable to non-commuction contracts subject to the Conduct Work Hours and Safety Standards Act). L 41 CFRPan 60 -Office ofFedetal Curares[ Complienu Progiams, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements). g.49 CFR Part 18 -Uniform administrative requlreraen; for grants and cooperative agreements be state and tical 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 Pan 26—Participation by Disadvantaged Business Enterprises in Department of Transportation Progams. It. 49 CFR Part 30- Denial of public works comments in suppliers of goods and services of countries that deny procurement market access b U.S. conmecmn. Office of Management and Budget Chardon a A-87 - Cost Principles Applicable to Grants and Contracts with Share and Local Governments. It. A-133 - Audits of States, Local Governments, and Non -Profit Organizations The Sponsor shall ensure that any use of airport funds in conjunction with this project comply fully with all regulations and policies ofthe federal Aviation Administration for use ofthose Ponds. Specific assurances required to be included in grant agreements by any of the above laws, regulations, or mroulers are incorpomaid by reference in the grunt agreement. 2. Responsibility and Authority of the Create. a. It has legal authorityto applyforthe graut,andtofinariceand carryouttheproposedp jectthata resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the Ifling of the application, including all understandings and assurances condamed therein, and directing and carbonizing the Person identified as the official representative of the applicant to an in connection with the application and to provide such additional information as may be required. 3. Fund Anflability.It has sufficient funds available for that portion ofthe p jest cons that are not to he 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 count. 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 gnu agreement without the written approval of the OUT, and will act promptly to acquire, endnguish, or modify any outstanding rights or claims of right of others that would interfere with such performance by the sponsor. This shell be done in a manner acceptable in the DOT. 5. Accounting System,Audit, and Rerord Keeping Requirements. a It shall keep all projm accounts and records that fully disclose the amount and disposition by the recipient of the proseMs of the giant, the total own ofthe project in connection with which the giant is given or used, and the meant or mitre of that portion of the cost ofthe p jest supplied by other sources, and such other financial records pertinent to the p jecL. The acwums and records droll be kept It (142 in accordance with an accounting system that will Medicare an effective audit in accordance with Me Single Audit Act of 1984. b. It shall make available to Me DOT and the Comptroller General ofthe United Stares, or any oftheir duly authorized representatives, for Me purpose of audit and examination, any books, documents, papers, and records of the recipient that are pediment to Me grant. The DOT may require that a recipient conduct an appropriaze audit. M any case in which an independent audit is made of Me accounts of sponsor relating to Me disposition of Me proceeds of grant or relating to Me project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller Gem ad of Me United Serres not later than six (6) months following Me close of Me fiscal year for which the audit was made. 6. Minimum Wage Rates. Itshellinclude,inallmm tsmexcessof$2,000forworkonanypmjars funded under this germ agreement that involve labor, provisions establishing minimum man of wages, to he predetermined by Me Secretary of Labor, In aceordance wit Me Davis -Bacon An, as saturated (40 U.S.C. 2]6a -276a-5), which contrecmrs shall pay to skilled and unskilled labor, and such minimum reces shall be stated in Me invitation for bids and shall be included in proposals or bids for the work. 7. Economic Nondiscrimination. In any agreement, contract, lease or other ansngement under any project traded under this gam agreement and for which a right or privilege at the airport is gamed to any person, Ron, or corporation to conduct cr to crime in any aeronautical activity for famishing services to Me public at Me auport, the Grantee will head ant enforce provisions requiring the contractor to (1) Mouth said services on a reasonable, and not unjustly discriminatory, basis to all used thereof, and (2) charge reasonable, and net justly discriminatory, prices for each unit or service, provided Met Me contractor may be allowed to make reasonable and nondiscriminatory discaunta, rebates, or other similar types of price reductions to volume parehasers. S. Engineering and Design Services, It will award each contract or sub-commd for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying mapping, or related services wish respect to the project in Me same manner as a contract for udriredunl and engineering services is negotiated under Title IX of Me Fecund Property end Administrative Services Am of 1949 or an equivalent qualifications -based requirement prescribed for or by Me Grantee. 9. Foreign hfarket Restrictions. It will not allow funds provided undarthis grant to be used to fund any project Mat uses any product or service ofa foreign country during the period in which such foreign country is listed by Me United States Trade Representative as denying fair and equitoble market opportunities for products and suppliers of Me United Steres in procurement and convsmution. 11 (42 10. Rebcatiot and Real Properly ANuisition. (1) It will be guided in "airing real property, to the g Mcst extent practicable under State law, by(he land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expanses 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 paymrnts and assistance to displaced persons as required in Subpart D and E of 49 CFR Pert N. (3) It will make available within a reasonable period of done prior to displacmrem, comparable replacem na dwellings m displaced persons in a Wince with Subpart E of 49 CFR Part 24. Orem Recipient Signanre ofAt6wized Oram Recipient Official Date 11 042 OFFICE OF THE SECRETARY OF TRANSPORTATION CERTITICATION REGARDING DEBARMENT, SUSPENSION, AND OT R RTSPONSMILTTY MATTERS—PRIMARY COVERED TRANSAMONS Iustructions for Ca illeation 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of aperson to provide the certification required below will rot necessarily result in denial of participation in this covered transaction. One 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 detemrination whether to enter int this transaction. However, failure of the prospective primary, participant to f ish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification Is this clause is a material representation of fad 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 certificadon, in addition to other Munches 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 depmlment or agency to which this proposal is submitted if any time the prospective primary participant seams that its certification was erroneous when submitted or has become earem ous by reason of changd 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 mules implementing Executive Order 12549. You may coned 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 Imposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered trswdion with a person who is proposd for debarment under 48 CFR part 9, subpart 9.4, deband,suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transection. 7. The prospective primary perricipant further agrees by submitting this proposal that it will include the clause fitld "Certification Regarding Determent, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, t all lower fier covered tansecfions and in all solicitations for lower Ger covered trensantidns. 8. A participant in a covered transaction may rely upon a certification of prospective participant in a lower tier covered transaction then it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from Ne covered van tion, unless it knows that the certification is enormous. A participant may decide the method and fiuquerwy by which it determines the eligibility of its principals. Each participant 11 042 may, but is not required m, chrok the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 9. Nothing contained in the f going 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 participant is not required m exceed that which is normally possessed by a pendent persom in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if participant in a covered tmusaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR pert 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this tmnmction, in addition as other remedies available to the Federal Government, the department or agency may hundreds this transaction for causer or default. Cerfificatiou Regarding Debarment, Suspension, and Other Responsibility Matters -- Primary Covered Transactions (1) The prospective primary participant conifers to the best of its knowledge and belief, that it and its principals: (a) Are W presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a threcyear period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud ora criminal offense in connection with obtaining attempting to obtain, or perfmring a public (Federal, State or local) ounsmtion or contract under a public transection; violation of Federal or State antitrust stamtce 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 commented in paragraph (1)(b) of this certification; and ph Have not within a three-year period preceding this applicatioNproposal bad one or more public transactions (Federal, Some or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify many of the statements in this codification, such prospective participant shall attach an explanation to this proposal. Name Affiliation Title Dam 11 0142 OFFICE OF THE SECRETARY OF TRANSPORTATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, MELIGUBMITY AND VOLUNTARY EXCLUSION-- LOWER TIER COVERED TRANSAMONS Instructions for Certification 1. By signing and smoothing this proposal, the prospective lower tier participant is providing tle certification set on below. 2. The certification in this clause is a material sepresenntion 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 eddition to other remedies available to the Federal Government the department or agency with which this t rreaction originated may pursue available remedies, including suspension and/or debmment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submited if at any time the prospective lower tier participant leans that its certification was erroneous when submitted or bad 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 ad out N 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 Nom regulations. 5. The prospective lower tiff participant agrees by submitting this proposal flat, should Me proposed covered transaction be normal into, it shall not knowingly enter into any lower tier covered transaction with a person who is propued for debarment under 48 CFR pan 9, subpart 9.4, debamcd,suspended, declared ineligible, or voluntarily exclude! from participation in Nis covered interaction, unless authorized by the departnent or agency with which this mansaction originated. 6. The prospective lower tier participant further agrees by submitting Nis proposal Nat 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 tmnsaetl0ns. 7. A participant in a covered transaction may rely upon a certification of 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 covered transactions, unless it (mows Nat Ne certification is emaneous. Aparticipant may decide Ne method and frequency by which it determines Me eligibility of its principals. Each participant may, but is not required m, check the List of Parties Excluded from Federal Procurement and Nonymcumnent Programs. is A2 8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a pmdent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if participant in a coved transaction knowingly enters into a lower Ger coved mancraction with a person who is proposed for debarment under 48 CFR pmt 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to Ne Federal Government, the department or agermy with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certil ation Regarding Debarment Suspension, Ineligibility an Voluntary Exclusion — Lower Tier Coved Transactions (I) The prospective lower tier participant cartifies, by submission of this proposal, that neither it nor its principals is presently deboned, 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 Nis certification, such prospective participant shall attach an explanation to this proposal. filiation Date