HomeMy Public PortalAboutORD16183BILL NO. 2021-058
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO. 16018
AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A GRANT
AGREEMENT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION IN ASSOCIATION WITH THE
AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to execute a grant
agreement with the Missouri Highways and Transportation Commission in association
with the Airport Coronavirus Relief Grant Program for expenses at the Jefferson City
Memorial Airport.
Section 2. This agreement shall be substantially the same in form and content as
Exhibit A attached hereto.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed:
Presiding Officer
ATTEST:
Approved: act , iq ''O'-2_4
Mayor Carrie Tergin
APPROVED AS TO FORM:
City &ney
Memorandum
To: City Council
From: City Administrator
Re: Grant Acceptance Over $25,000
For: Bill Authorizing Grant Agreement
Pursuant to Section 2- 28 of the City Code, I request authority to accept the following Grant:
The name of the grantor:
Federal Aviation Administration, Department of
Transportation as Administered through the Missouri
Department of Transportation — Airport Improvement
Program
The amount of the grant:
$57,162
The purpose of the grant:
Operational and Tower expenses for the Jefferson City
Memorial Airport.
Any matching requirements or future
There is no match requirement.
obligations tied to acceptance of the
grant:
CFDA#:
20.106
Grant Award # (if any):
21-04OB-1
City Department Responsible:
Public Work
Employee assigned as Grant
Britt E. Smith, PE
Administrator:
Revenue account # to be amended:
61-100-430010 Federal Grants
Expense account # to be amended:
$23,000 61-610-501020 Salaries
$34,162 61-610-522020 Professional Services
Reviewed by Finance:
j p
Please NOTE: Upon Approval, the City Administrator may, on behalf of the city execute any documents
necessary for accepting the grant and amend the budget to reflect the acceptance of such revenue, and amend
the budget to reflect equivalent expenses so as to accomplish the purpose of such funds. If purchase cannot
be completed within the current fiscal year, the funds are authored to be re -appropriated into the next year.
For Finance Department Use only:
Approved on with Bill
; Ordinance this day of , 20.
Revised 8/2/16 by Ordinance 15545
CCO FORM: MO22 Sponsor: City of Jefferson
Approved: 06/21 (MWH) Project No.: 21-040B-1
Revised: Airport Name: Jefferson City Memorial
Modified:
CFDA Number: CFDA #20.106
CFDA Title: Airport Improvement Program
Federal Agency: Federal Aviation Administration, Department of Transportation
AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM AGREEMENT
SECTION I - TITLE, AUTHORIZATION, PROJECT DESCRIPTION
--State Block Grant Agreement
--Federal Authorization - Airport and Airway Improvement
Act of 1982 (as amended) and CRRSA Act
--Project Description – operational and maintenance costs
SECTION II - STANDARD AGREEMENT ITEMS
1. PURPOSE
2. PERIOD OF PERFORMANCE
3. AMOUNT OF GRANT
4. ALLOWABLE COSTS
5. INDIRECT COSTS-SPONSOR
6. FEDERAL SHARE OF COSTS
7. COMPLETING THE GRANT WITHOUT DELAY AND IN CONFORMANCE WITH
REQUIREMENTS
8. WITHDRAWAL OF GRANT OFFER
9. EXPIRATION OF GRANT OFFER
10. RECOVERY OF FEDERAL FUNDS
11. PAYMENT
12. ADMINISTRATIVE/AUDIT REQUIREMENTS
13. NONDISCRIMINATION ASSURANCE
14. CANCELLATION
15. VENUE
16. LAW OF MISSOURI TO GOVERN
17. CONFIDENTIALITY
18. NONSOLICITATION
19. DISPUTES
20. INDEMNIFICATION
21. NOTIFICATION OF CHANGE
22. AMENDMENTS
23. ASSIGNMENT
24. BANKRUPTCY
25. COMMISSION REPRESENTATIVE
26. UNITED STATES NOT LIABLE FOR DAMAGE OR INJURY
27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006
28. BAN ON TEXTING WHILE DRIVING
29. SYSTEM FOR AWARD MANAGEMENT REGISTRATION AND UNIQUE
ENTITY IDENTIFIER
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
30. SUSPENSION OR DEBARMENT
31. TRAFFICKING IN PERSONS
32. REQUIRED FEDERAL PROVISIONS
33. EMPLOYEE PROTECTION FROM REPRISAL
34. BUY AMERICAN
35. LIMITATIONS
36. AIR AND WATER QUALITY
37. FACE COVERINGS POLICY
38. FINANCIAL REPORTING AND PAYMENT REQUIREMENTS
39. CRRSA ACT GRANT ASSURANCES
40. EQUIPMENT OR VEHICLE REPLACEMENT
41. EQUIPMENT ACQUISITION
42. LOW EMISSION SYSTEMS
43. UTILITIES PRORATION
44. UTILITY RELOCATION IN GRANT
45. FEDERAL CONTRACT TOWER OPERATIONS
SECTION III – GRANT ACCEPTANCE
--Signature by sponsor constitutes acceptance of grant terms and conditions. Failure to
comply with grant requirements will jeopardize funding eligibility.
--Certificate of sponsor's attorney
EXHIBIT A – CRRSA ACT ASSURANCES
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
Sponsor: City of Jefferson
Project No.: 21-040B-1
Airport Name: Jefferson City Memorial
CFDA Number: CFDA #20.106
CFDA Title: Airport Improvement Program
Federal Agency: Federal Aviation Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM AGREEMENT
THIS GRANT AGREEMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and the City of Jefferson
(hereinafter, "Sponsor"). Reference will also be made to the Federal Aviation
Administration (hereinafter, "FAA").
WITNESSETH:
WHEREAS, Section 116 of the federal Airport and Airway Safety and Capacity
Expansion Act of 1987 amended the previous Act of 1982 by adding new section 534
entitled "State Block Grant Pilot Program", (Title 49 United States Code (U.S.C.) Section
47128); and
WHEREAS, the Federal Aviation Reauthorization Act of 1996 declared the State
Block Grant Program to be permanent; and
WHEREAS, the Commission has been selected by the FAA to administer state
block grant federal funds under said program; and
WHEREAS, Title IV of Division M of Public Law 116 -260, the Coronavirus
Response and Relief Supplemental Appropriations Act (hereinafter, "CRRSA Act")
provided General Funds to airports to be utilized for costs related to operations,
personnel, cleaning, sanitization, janitorial services, combating the sp read of pathogens
at the airport, and debt service payments; and
WHEREAS, the Sponsor has applied to the Commission for a CRRSA Act sub
grant under said program; and
WHEREAS, the Commission has agreed to award funds to the Sponsor with the
understanding that such funds will be used for airport operational and maintenance
expenses or debt service payments in accordance with the limitations prescribed in the
CRRSA Act; and
WHEREAS, this grant is provided in accordance with the CRRSA Act, as described
below, to prevent, prepare for, and respond to the coronavirus. CRRSA Act airport grant
amounts to specific airports are derived by legislative formula; and
NOW, THEREFORE, in consideration of these mutual covenants, promises and
representations, the parties agree as follows:
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
(1) PURPOSE: The purpose of this Agreement is to provide CRRSA Act
financial assistance to the Sponsor under the State Block Grant Program and to maintain
safe and efficient airport operations. Funds provided under this Agreement must only be
used for purposes directly related to the airport. Such purposes can include the
reimbursement of an airport’s operational and maintenance expenses or debt service
payments. CARES Act Airport Grants may be used to reimburse airport operational and
maintenance expenses directly related to the Airport incurred no earlier than January 20,
2020. CARES Act Airport Grants also may be used to reimburse a Sponso r’s payment of
debt service where such payments occur on or after December 27, 2020. Funds provided
under the Agreement will be governed by the same principles that govern "airport
revenue". New airport development projects not directly related to combating the spread
of pathogens and approved by MoDOT on behalf of the FAA for such purposes may not
be funded with this Agreement.
(2) PERIOD OF PERFORMANCE: The period of performance shall
commence on the date this Agreement is executed by the parties. The end date of the
period of performance is June 15, 2025, which is four (4) years (1,460 calendar days)
from the date of agreement execution between the Commission and the FAA to receive
this funding. The Sponsor may only charge allowable costs for obligati ons incurred prior
to the end date of the period of performance. Unless the Commission receives a written
extension from the FAA, the Sponsor must submit all Grant closeout documentation and
liquidate (pay off) all obligations incurred under this award no later than one hundred
twenty (120) calendar days after the end date of the period of performance (2 Code of
Federal Regulations (CFR) § 200.344). The period of performance end date shall not
affect, relieve or reduce Sponsor obligations and assurances tha t extend beyond the
closeout of this Grant Agreement.
(3) AMOUNT OF GRANT: The amount of this grant is not to exceed Fifty-
Seven Thousand One Hundred Sixty-Two Dollars ($57,162), Twenty-Three Thousand
Dollars ($23,000) of which can be used for airport operation and maintenance costs and
Thirty-Four Thousand One Hundred Sixty-Two Dollars ($34,162) of which can be used
for eligible air traffic control tower costs, as outlined in Paragraph (45). The designation
of this grant does not create a lump sum quantity contract, but rather only represents the
amount of funding available for qualifying expenses. In no event will the Commission
provide the Sponsor funding for improvements or work that are not actually performed.
The release of all funding under this Agreement is subject to review and approval of all
expenses to ensure that they are qualifying expenses under this program.
(4) ALLOWABLE COSTS: These funds shall not be used for any costs that the
Commission and/or the FAA has determined to be ineligible or unallowable under the
CRRSA Act.
(5) INDIRECT COSTS—SPONSOR: The Sponsor may charge indirect costs
under this award by applying the indirect cost rate identified in the Grant Application as
accepted by the Commission, to allowable costs for Sponsor direct salaries and wages
only.
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
(6) FEDERAL SHARE OF COSTS: The United States’ share of allowable
Grant costs is One Hundred Percent (100%).
(7) COMPLETING THE GRANT WITHOUT DELAY AND IN CONFORMANCE
WITH REQUIREMENTS: The Sponsor must carry out and complete the Grant without
undue delays and in accordance with this Agreement, the CRRSA Act, and the
regulations, policies, standards and procedures of the United States Secretary of
Transportation ("Secretary"). Pursuant to 2 CFR § 200.308, the Sponsor agrees to report
to the Commission any disengagement from funding eligible expenses under the Grant
that exceeds three (3) months or a twenty -five percent (25%) reduction in time devoted
to the Agreement, and request prior approval from the Commission . The report must
include a reason for the stoppage. The Sponsor agrees to comply with the attached
assurances, which are labeled as Exhibit A and attached to the Agreement and
incorporated herein by reference, and any addendum that may be attached hereto at a
later date by mutual consent.
(8) WITHDRAWAL OF GRANT OFFER: The Commission reserves the right to
amend or withdraw this grant offer at any time prior to acceptance by the Sponsor.
(9) EXPIRATION OF GRANT OFFER: This grant offer shall expire and the
Commission shall not be obligated to pay any part of the costs of the project unless this
grant Agreement has been executed by the Sponsor on or before September 1, 2021 or
such subsequent date as may be prescribed in writing by the Commission.
(10) RECOVERY OF FEDERAL FUNDS: The Sponsor shall take all steps,
including litigation if necessary, to recover federal funds spent fraudulently, wastefully, in
violation of federal antitrust statutes, or misused in any other manner, including uses that
violate this Agreement, the CRRSA Act, or other provisions of applicable law. For the
purposes of this Agreement, the term "Federal funds" means funds, however used or
dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal
grant agreement(s). The Sponsor shall return the recovered federal share, including funds
recovered by settlement, order, or judgment, to the Commission. The Sponsor shall
furnish to the Commission, 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 the Commission.
(11) PAYMENT: Payments to the Sponsor are made on an advance basis. The
Sponsor may request incremental payments during the course of the project or a lump
sum payment upon completion of the work. The Sponsor may request payment at any
time subsequent to the execution of this Agreement by both parties. Requests for
reimbursement shall be supported with invoices. After the Sponsor pays incurred costs,
copies of checks used to pay providers must be submitted to the Commission. The
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
Sponsor shall comply with all Federal financial reporting requirements and payment
requirements, including submittal of timely and accurate reports.
(12) ADMINISTRATIVE/AUDIT REQUIREMENTS: The Sponsor must provide
for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The
Sponsor must submit the audit reporting package to the Commission and shall provide
one (1) copy of the completed audit to the Commission. Upon request of the FAA, the
Commission and Sponsor shall provide one copy of the completed audit to the F AA.
(13) NONDISCRIMINATION ASSURANCE: With regard to work under this
Agreement, the Sponsor agrees as follows:
(A) Civil Rights Statutes: The Sponsor shall comply with all state and
federal statutes relating to nondiscrimination, including but not limited to Title VI and Title
VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d and 2000e, et seq.), as
well as any applicable titles of the Americans with Disabilities Act. In addition, if the
Sponsor is providing services or operating programs on behalf of the Department or the
Commission, it shall comply with all applicable provisions of Title II of the Americans with
Disabilities Act.
(B) Administrative Rules: The Sponsor shall comply with the
administrative rules of the United States Department of Transportation (USDOT) relative
to nondiscrimination in federally-assisted programs of the USDOT (49 CFR Subtitle A,
Part 21) which are herein incorporated by reference and made part of this Agreement.
(C) Nondiscrimination: The Sponsor shall not discriminate on grounds
of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any
individual in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Sponsor shall not participate either directly or
indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5,
including employment practices.
(D) Solicitations for Subcontracts, Including Procurements of Material
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the Sponsor. These apply to all solicitations either by
competitive bidding or negotiation made by the Sponsor for work to be per formed under
a subcontract, including procurement of materials or equipment. Each potential
subcontractor or supplier shall be notified by the Sponsor of the requirements of this
Agreement relative to nondiscrimination on grounds of the race, color, relig ion, creed,
sex, disability or national origin, age or ancestry of any individual.
(E) Information and Reports: The Sponsor shall provide all information
and reports required by this Agreement, or orders and instructions issued pursuant
thereto, and will permit access to its books, records, accounts, other sources of
information and its facilities as may be determined by the Commission or the USDOT to
be necessary to ascertain compliance with other contracts, orders and instructions.
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
Where any information required of the Sponsor is in the exclusive possession of another
who fails or refuses to furnish this information, the Sponsor shall so certify to the
Commission or the USDOT as appropriate and shall set forth what efforts it has made to
obtain the information.
(F) Sanctions for Noncompliance: In the event the Sponsor fails to
comply with the nondiscrimination provisions of this Agreement, the Commission shall
impose such contract sanctions as it or the USDOT may determine to be appropriate,
including but not limited to:
1. Withholding of payments under this Agreement until the
Sponsor complies; and/or
2. Cancellation, termination or suspension of this Agreement, in
whole or in part, or both.
(G) Incorporation of Provisions: The Sponsor shall include the
provisions of Paragraph (13) of this Agreement in every subcontract, including
procurements of materials and leases of equipment, unless exempted by the statutes,
executive order, administrative rules or instructions issued by the Commission or the
USDOT. The Sponsor will take such action with respect to any subcontract or
procurement as the Commission or the USDOT may direct as a means of enforcing such
provisions, including sanctions for noncompliance; provided that in the event the Sponsor
becomes involved or is threatened with litigation with a subcontractor or supplier as a
result of such direction, the Sponsor may request the United States to enter into such
litigation to protect the interests of the United States.
(14) CANCELLATION: The Commission may cancel this Agreement at any time
the Sponsor breaches the contractual obligations by providing the Sponsor with written
notice of cancellation. Should the Commission exercise its right to cancel the Agreement
for such reasons, cancellation will become effective upon the date specified in the notice
of cancellation sent to the Sponsor.
(A) Upon written notice to the Sponsor, the Commission reserves the
right to suspend or terminate all or part of the grant when the Sponsor is, or has been, in
violation of the terms of this Agreement. Any lack of progress that significantly endangers
substantial performance of the project within the specified time shall be deemed a
violation of the terms of this Agreement. The determination of lac k of progress shall be
solely within the discretion of the Commission. Once such determination is made, the
Commission shall so notify the Sponsor in writing. Termination of any part of the grant
will not invalidate obligations properly incurred by the S ponsor prior to the date of
termination.
(B) The Commission shall have the right to suspend funding of the
project at any time and for so long as the Sponsor fails to substantially comply with all the
material terms and conditions of this Agreement. If the Commission determines that
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
substantial noncompliance cannot be cured within thirty (30) days, then the Commission
may terminate the funding for the project. If the Sponsor fails to perform its obligations in
substantial accordance with the Agreement (except if the project has been terminated for
the convenience of the parties) and the FAA requires the Commission to repay grant
funds that have already been expended by the Sponsor, then the Sponsor shall repay the
Commission such federal funds.
(15) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or regarding its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(16) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The Sponsor shall comply with all local,
state and federal laws and regulations relating to the performance of this Agreement.
(17) CONFIDENTIALITY: The Sponsor shall not disclose to third parties
confidential factual matter provided by the Commission except as may be required by
statute, ordinance, or order of court, or as authorized by the Commission. The Sponsor
shall notify the Commission immediately of any request for such information.
(18) NONSOLICITATION: The Sponsor warrants that it has not employed or
retained any company or person, other than a bona fide employee working for the
Sponsor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this Agreement. For breach or violation of this warranty, the
Commission shall have the right to annul this Agreement without liability, or in its
discretion, to deduct from this Agreement price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee.
(19) DISPUTES: Any disputes that arise under this Agreement shall be decided
by the Commission or its representative.
(20) INDEMNIFICATION:
(A) To the extent allowed or imposed by law, the Sponsor shall defend,
indemnify and hold harmless the Commission, including its members and department
employees, from any claim or liability whether based on a claim for damages to real or
personal property or to a person for any matter relating to or ari sing out of the Sponsor's
wrongful or negligent performance of its obligations under this Agreement.
(B) The Sponsor will require any contractor procured by the Sponsor to
work under this Agreement:
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
(1) To obtain a no cost permit from the Commission’s d istrict
engineer prior to working on the Commission’s right -of-way, which shall be signed by an
authorized contractor representative (a permit from the Commission’s district engineer
will not be required for work outside of the Commission’s right-of-way); and
(2) To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and the Missouri Department of Transportation
and its employees, as additional named insureds in amounts sufficient to cover the
sovereign immunity limits for Missouri public entities ($500,000 per claimant and
$3,000,000 per occurrence) as calculated by the Missouri Department of Insurance,
Financial Institutions and Professional Registration, and published annually in the
Missouri Register pursuant to Section 537.610, RSMo.
(C) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party’s rights or defenses with regard to each
party’s applicable sovereign, governmental, or official immunities and protections as
provided by federal and state constitution or law.
(21) NOTIFICATION OF CHANGE: The Sponsor shall immediately notify the
Commission of any changes in conditions or law which may significantly affect its ability
to perform the project in accordance with the provisions of this Agreement. Any notice or
other communication required or permitted to be given hereunder shall be in writing and
shall be deemed given three (3) days after delivery by United States mail, regular mail
postage prepaid, or upon receipt by personal, facsimile or electronic mail (email) delivery,
addressed as follows:
Commission: Amy Ludwig, Administrator of Aviation
Missouri Department of Transportation
P.O. Box 270
Jefferson City, MO 65102
(573) 526-7912
(573) 526-4709 FAX
email: amy.ludwig@modot.mo.gov
Sponsor: Britt Smith
Department of Public Works
Operations Division Director
City of Jefferson
320 E. McCarty
Jefferson City, MO 65101
(573) 634-6450
(573) 634-6457 FAX
email: bsmith@jeffcitymo.org
or to such other place as the parties may designate in accordance with this Agreement.
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
To be valid, facsimile or email delivery shall be followed by delivery of the original
document, or a clear and legible copy thereof, within three (3) business days of the date
of the facsimile or email transmission of the document.
(22) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment signed and
approved by the duly authorized representative of the Sponsor and the Commission.
(23) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(24) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding
by or against the Sponsor, whether voluntarily, or upon the appointment of a receiver,
trustee, or assignee, for the benefit of creditors, the Commission reserves the right and
sole discretion to either cancel this Agreement or affirm this Agreement and hold the
Sponsor responsible for damages.
(25) COMMISSION REPRESENTATIVE: The Commission's assistant chief
engineer is designated as the Commission's representative for the purpose of
administering the provisions of this Agreement. The Commission’s representative may
designate by written notice other persons having the authority to act on behalf of the
Commission in furtherance of the performance of this Agreement.
(26) UNITED STATES NOT LIABLE FOR DAMAGE OR INJURY: The United
States is not responsible or liable for damage to property or injury to persons which may
arise from, or relate to this Agreement, including, but not limited to, any action taken by a
Sponsor related to or arising from, directly or indirectly, this Agreement.
(27) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF
2006: The Sponsor shall comply with all reporting requirements of the Federal Funding
Accountability and Transparency Act (FFATA) of 2006, as amended. This Agreement is
subject to the award terms within 2 CFR Part 170.
(28) BAN ON TEXTING WHILE DRIVING:
(A) In accordance with Executive Order 13513, Federal Leadership on
Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text
Messaging While Driving, December 30, 2009, the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease
crashes caused by distracted drivers including policies to ban text messaging while
driving when performing any work for, or on behalf of, the Federal government, including
work relating to this Agreement or subgrant funded by this Agreement.
2. Conduct workplace safety initiatives in a manner
commensurate with the size of the business, such as:
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
a. Establishment of new rules and programs or re-
evaluation of existing programs to prohibit text messaging while driving; and
b. Education, awareness, and other outreach to
employees about the safety risks associated with texting while driving.
(B) The Sponsor must insert the substance of this clause on banning
texting while driving in all subgrants, contracts, and subcontracts funded by this
Agreement.
(29) SYSTEM FOR AWARD MANAGEMENT REGISTRATION AND UNIQUE
ENTITY IDENTIFIER:
(A) Requirement for System for Award Management (hereinafter,
"SAM"): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110,
the Sponsor must maintain the currency of its information in the SAM until the
Commission submits the final financial report required under this grant, or receives the
final payment, whichever is later. This requires that the Sponsor review and update the
information at least annually after the initial registration and more frequently if required by
changes in information or another award term. Additional information about registration
procedures may be found at the SAM website (currently at http://www.sam.gov).
(B) Unique entity identifier (hereinafter, "UEI") means a twelve (12)
character alpha-numeric value used to identify a specific commercial, nonprofit or
governmental entity. A UEI may be obtained fr om SAM.gov at
https://sam.gov/SAM/pages/public/index.jsf.
(30) SUSPENSION OR DEBARMENT: When entering into a "covered
transaction" as defined by 2 CFR § 180.200, the Sponsor must:
(A) Verify the non-federal entity is eligible to participate in this Federal
program by:
1. Checking the excluded parties list system (EPLS) as
maintained within SAM to determine if the non -federal entity is excluded or disqualified;
or
2. Collecting a certification statement from the non-federal entity
attesting the entity is not excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting
the individual or firm is not excluded or disqualified from participating.
(B) Require prime contractors to comply with 2 CFR § 180.330 when
entering into lower-tier transactions (e.g. sub-contracts).
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
(C) Immediately disclose to the Commission whenever the Sponsor (1)
learns the Sponsor has entered into a covered transaction with an ineligible entity, or (2)
suspends or debars a contractor, person, or entity.
(D) Insert this clause on suspension or debarment in all contracts and
subcontracts that result from this Agreement.
(31) TRAFFICKING IN PERSONS:
(A) The Sponsor as the recipient, the Sponsor’s employees,
subrecipients under this Agreement, and subrecipients’ employees may not:
1. Engage in severe forms of trafficking in persons during the
period of time that the Agreement is in effect;
2. Procure a commercial sex act that the period of time that the
Agreement is in effect; or
3. Use forced labor in the performance of this Agreement or
subawards under this Agreement.
(B) The Commission may unilaterally terminate this award on behalf of
the FAA as the Federal awarding agency, without penalty, if the Sponsor or a subrecipient
that is a private entity:
1. Is determined to have violated a prohibition in Paragraph
(31)(A) of this Agreement; or
2. Has an employee who is determined by the Commission
and/or FAA official authorized to terminate the Agreement to have violated a prohibition
in Paragraph (31)(A)1. of this Agreement through conduct that is either:
a. Associated with performance under this Agreement; or
b. Imputed to the subrecipient using the standards and
due process for imputing the conduct of an individual to an organization that are provided
in 2 CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and
Suspension (Nonprocurement)", as implemented by the FAA at 2 CFR Part 1200.
(C) The Sponsor must inform the Commission immediately of any
information the Sponsor receives from any source alleging a violation of a prohibition in
Paragraph (31)(A) during the time period of this Agreement.
(D) The Commission’s right to terminate unilaterally that is described in
Paragraph (31)(A) above:
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
1. Implements section 106(g) of the Trafficking Victims
Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)); and
2. Is in addition to all other remedies for noncompliance that are
available to the Commission and/or the FAA under this Agreement.
(32) REQUIRED FEDERAL PROVISIONS: The Sponsor shall incorporate all
required federal contract provisions that apply to this Project in its contract documents.
(33) EMPLOYEE PROTECTION FROM REPRISAL:
(A) Prohibition of Reprisals:
1. In accordance with 41 U.S.C. § 4712, an employee of the
Sponsor or a subgrantee may not be discharged, demoted, or otherwise discriminated
against as a reprisal for disclosing to a person or body described in subparagraph (A)2,
information that the employee reasonably believes is evidence of:
a. Gross mismanagement of a Federal grant;
b. Gross waste of Federal funds;
c. An abuse of authority relating to implementation or use
of Federal funds;
d. A substantial and specific danger to public health or
safety; or
e. A violation of law, rule, or regulation related to a
Federal grant.
2. The persons and bodies to which a disclosure by an employee
is covered are as follows:
a. A member of Congress or a representative of a
committee of Congress;
b. An Inspector General;
c. The Government Accountability Office;
d. A Federal office or employee responsible for oversight
of a grant program;
e. A court or grand jury;
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
f. A management office of the Sponsor or subgrantee; or
g. A Federal or State regulatory enforcement agency.
(B) Submission of Complaint: A person who believes that they have
been subjected to a reprisal prohibited by Paragraph (33)(A) of this Agreement may
submit a complaint regarding the reprisal to the Office of Inspector General for the
USDOT.
(C) Time Limitation for Submittal of a Complaint: A complaint may not be
brought under this subsection more than three (3) years after the date on which the
alleged reprisal took place.
(D) Required Actions of the Inspector General: Actions, limitations, and
exceptions of the Inspector General’s office are established under 41 U.S.C. § 4712(b).
(E) Assumption of Rights to Civil Remedy: Upon receipt of an
explanation of a decision not to conduct or continue an investigation by the Office of
Inspector General, the person submitting a complaint assumes the right to a civil remedy
under 41 U.S.C. § 4712(c).
(34) BUY AMERICAN: Unless otherwise approved in advance by the FAA, in
accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor
or subcontractor to acquire any steel or manufactured goods produced outside the United
States to be used for any permitted use for which funds are provided under this
Agreement. The Sponsor will include a provision implementing Buy American in every
contract and subcontract issued under this Agreement.
(35) LIMITATIONS: Nothing provided herein shall be constructed to limit, cancel,
annul, or modify the terms of any Federal grant agreement(s), including all terms and
assurances related thereto, that have been entered into by the Sponsor and the
Commission prior to the date of this Agreement.
(36) AIR AND WATER QUALITY: The Sponsor is required to comply with all
applicable air and water quality standards for all projects funded pursuant to this
Agreement. If the Sponsor fails to comply with this requirement, the Commission may
suspend, cancel, or terminate this Agreemen t.
(37) FACE COVERINGS POLICY: The Sponsor agrees to implement a face-
covering (mask) policy to combat the spread of pathogens. This policy must include a
requirement that all persons wear a mask, in accordance with Centers for Disease Control
(CDC) and Transportation Security Administration (TSA) requirements, as applicable, at
all times while in all public areas of the airport property, except to the extent exempted
under those requirements. This special condition requires the Sponsor continue to requ ire
masks until Executive Order 13998, Promoting COVID-19 Safety in Domestic and
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
International Travel, is no longer effective.
(38) FINANCIAL REPORTING AND PAYMENT REQUIREMENTS: The
Commission and Sponsor will comply with all Federal financial reportin g requirements
and payment requirements, including submittal of timely and accurate reports.
(39) CRRSA ACT GRANT ASSURANCES: CRRSA Act grant assurances are
attached to this Agreement. The Sponsor shall comply with these assurances to
accomplish the requirements of this Agreement. The CRRSA Act grant assurances are
hereby provided to the Sponsor as Exhibit A and incorporated into and made part of this
Agreement.
(40) EQUIPMENT OR VEHICLE REPLACEMENT: The Sponsor agrees to treat
the proceeds from the trade-in or sale of equipment being replaced with these funds as
airport revenue.
(41) EQUIPMENT ACQUISITION: The Sponsor agrees that for any equipment
acquired with funds provided by this Agreement, such equipment shall be used solely for
purposes directly related to the Airport.
(42) LOW EMISSION SYSTEMS: The Sponsor agrees that vehicles and
equipment acquired with funds provided in this grant:
(A) Will be maintained and used at the Airport for which they were
purchased; and
(B) Will not be transferred, relocated, or used at another Airport without
the advance consent of the Commission on behalf of the FAA.
The Sponsor further agrees that it will maintain annual records on individual vehicles and
equipment, project expenses, cost effectiveness, and emission reductions.
(43) UTILITIES PRORATION: For purposes of computing the United States’
share of the allowable airport operations and maintenance costs, the allowable costs of
utilities incurred by the Sponsor to operate and mai ntain the Airport included in this
Agreement must not exceed the percent attributable to the capital or operating costs of
the Airport.
(44) UTILITY RELOCATION IN GRANT: The Sponsor understands and agrees
that:
(A) The Commission will not participate in the cost of any utility relocation
unless and until the Sponsor has submitted evidence satisfactory to the Commission that
the Sponsor is legally responsible for payment of such costs;
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
(B) CRRSA Act funding participation is limited to those utilities located
on-airport or off-airport only where the Sponsor has an easement for the utility; and
(C) The utilities must serve a purpose directly related to the Airport.
(45) FEDERAL CONTRACT TOWER OPERATIONS: The Sponsor agrees to
use the funds in this Agreement allocated specifically to cover lawful expenses to support
Federal Contract Tower operations in accordance with the CRRSA Act, Public Law 116 -
260, Division M, Title IV. Use of these funds is limited to the following:
(A) Expenses incurred by the Sponsor on or after December 27, 2020 to
support Federal Contract Tower operations such as payroll, utilities, cleaning,
sanitization, janitorial services, service contracts, and combating the spread of
pathogens, which may include items generally having a limited useful life, including
personal protective equipment and cleaning supplies, as well as debt service payments;
and
(B) Eligible equipment for Federal Contract Tower operations defined in
FAA Reauthorization Program Guidance Letter 19-02, Appendix A: FCT Minimum
Equipment List, acquired on or after December 27, 2020;
The Sponsor may not use funds allocated for Federal Contract Tower operations for other
airport purposes. The Sponsor agrees to submit invoices for reimbursement for th ese
funds separately from other invoices for funds provided in this Agreement. Funds not
expended under this condition are subject to recovery by the FAA.
[Remainder of Page Intentionally Left Blank]
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
IN WITNESS WHEREOF, the parties have entered into and accepted this
Agreement on the last date written below.
Executed by the Sponsor this _____ day of __________________, 20___.
Executed by the Commission this ____ day of ________________, 20____.
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION CITY OF JEFFERSON
By _________________________ By ________________________
Title _______________________ Title ______________________
Attest: Attest:
____________________________ By _____________________________
Secretary to the Commission
Title ____________________________
Approved as to Form:
___________________________
Commission Counsel
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
Mayor
City Clerk
2021-10-25 | 10:30 AM CDT
Assistant Chief Engineer
2021-11-10 | 2:40 PM CST
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 of Missouri. Further, I have examined the
foregoing grant Agreement, and the actions taken by said Sponsor and Sponsor's official
representative have been duly authorized and the execution thereof is in all respects due
and proper and in accordance with the laws of the said state and the CRRSA Act. The
Sponsor understands funding made available under this grant Agreement may only be
used to reimburse for airport operational and maintenance expenses, and debt service
payments. The Sponsor further understands it may submit a separate request to use
funds for new airport/project development purposes, subject to additional terms,
conditions, and assurances. Further, it is my opinion that the said grant Agreement
constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
SPONSOR: City of Jefferson
________________________________
Name of Sponsor's Attorney (typed)
________________________________
Signature of Sponsor's Attorney
Date __________________________
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
Ryan Moehlman
2021-10-25 | 8:39 AM CDT
Ryan Moehlman
EXHIBIT A
AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM (ACRGP)
ASSURANCES
AIRPORT SPONSORS
A. General.
1. These Airport Coronavirus Relief Grant Program (ACRGP) Assurances are required to be
submitted as part of the application by sponsors requesting funds under the p rovisions
of the Coronavirus Relief and Relief Supplemental Appropriations Act of 2020 (CRRSA
Act or “the Act”), Public Law Number, Public Law 116-260. As used herein, the term
"public agency sponsor" means a public agency with control of a public-use airport; the
term "private sponsor" means a private owner of a public-use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
2. Upon acceptance of this ACRGP State Block Grant subaward offer by the sponsor, these
assurances are incorporated into and become part of this Grant Agreement.
B. Sponsor Certification.
The Sponsor hereby assures and certifies, with respect to this ACRGP Grant that:
It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the application, acceptance, and use of
Federal funds for this ACRGP Grant including but not limited to the following:
FEDERAL LEGISLATION
a. 49 U.S.C. Chapter 471, as applicable
b. Davis-Bacon Act - 40 U.S.C. 276(a), et. seq.
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.
4601, et seq.
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.
l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et seq.
s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.
u. Copeland Anti-kickback Act - 18 U.S.C. 874.1.
v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. 2
y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282,
as amended by section 6202 of Pub. L. 110-252).
EXECUTIVE ORDERS
a. Executive Order 11246 - Equal Employment Opportunity
b. Executive Order 11990 - Protection of Wetlands
c. Executive Order 11998 - Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs
e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building
Construction
f. Executive Order 12898 - Environmental Justice
g. Executive Order 14005 - Ensuring the Future Is Made in All of America by All of
America’s Workers.
FEDERAL REGULATIONS
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. 3, 4
c. 2 CFR Part 1200 - Nonprocurement Suspension and Debarment.
d. 28 CFR Part 35 - Discrimination on the Basis of Disability in State and Local Government Services.
e. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil
Rights Act of 1964.
f. 29 CFR Part 1 - Procedures for predetermination of wage rates. 1
g. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in
whole or part by loans or grants from the United States. 1
h. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering Federally financed
and assisted construction (also labor standards provisions applicable to non-construction
contracts subject to the Contract Work Hours and Safety Standards Act). 1
i. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally assisted contracting requirements). 1
j. 49 CFR Part 20 - New restrictions on lobbying.
k. 49 CFR Part 21 - Nondiscrimination in Federally-assisted programs of the Department of
Transportation - effectuation of Title VI of the Civil Rights Act of 1964.
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
l. 49 CFR Part 23 - Participation by Disadvantaged Business Enterprise in Airport Concessions.
m. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
n. 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs and Activities Receiving
or Benefiting from Federal Financial Assistance. 1
o. 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities conducted by the Department of Transportation.
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries
that deny procurement market access to U.S. contractors.
q. 49 CFR Part 32 - Government-wide Requirements for Drug-Free Workplace (Financial
Assistance).
r. 49 CFR Part 37 - Transportation Services for Individuals with Disabilities (ADA).
s. 49 CFR Part 41 - Seismic Safety.
FOOTNOTES TO ASSURANCE ACRGP ASSURANCE B.1.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
4 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws,
regulations, or circulars are incorporated by reference in this Grant Agreement.
1. Purpose Directly Related to the Airport. It certifies that the reimbursement sought is for a
purpose directly related to the Airport.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed
grant; that an official decision has been made by the applicant’s governing body
authorizing the filing of the application, including all understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application and to provide
such additional information as may be required.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed
Grant and comply with all terms, conditions, and assurances of this Grant Agreement. It
shall designate an official representative and shall in writing direct and auth orize that
person to file this application, including all understandings and assurances contained
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
therein; to act in connection with this application; and to provide such additional
information as may be required.
3. Good Title. It, a public agency or the Federal government, holds good title, satisfactory to
the Secretary, to the landing area of the Airport or site thereof, or will give assurance
satisfactory to the Secretary that good title will be acquired.
4. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the
rights and powers necessary to perform any or all of the terms, conditions, and
assurances in this Grant Agreement without the written approval of the Secretary, and
will act promptly to acquire, extinguish, or modify any outstanding rights or claims of
right of others which would interfere with such performance by the sponsor. This shall
be done in a manner acceptable to the Secretary.
b. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to
ensure that the Airport will continue to function as a public-use airport in accordance
with this Grant Agreement.
c. If an arrangement is made for management and operation of the Airport by any agency
or person other than the sponsor or an employee of the sponsor, the sponsor will
reserve sufficient rights and authority to insure that the Airport will be operated and
maintained in accordance Title 49, United States Code, the regulations, and the terms
and conditions of this Grant Agreement.
5. Consistency with Local Plans. Any project undertaken by this Grant Agreement is
reasonably consistent with plans (existing at the time of submission of the ACGRP
application or State subaward as applicable) of public agencies that are authorized by the
State in which the project is located to plan for the development of the area surrounding
the Airport.
6. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where any project undertaken by this Grant Agreement may be
located.
7. Consultation with Users. In making a decision to undertake any airport development
project undertaken by this Grant Agreement, it has undertaken reasonable consultations
with affected parties using the Airport at which project(s) is/are proposed.
8. Pavement Preventative Maintenance. With respect to a project undertaken by this Grant
Agreement for the replacement or reconstruction of pavement at t he Airport, it assures or
certifies that it has implemented an effective Airport pavement maintenance -management
program and it assures that it will use such program for the useful life of any pavement
constructed, reconstructed, or repaired with Federal f inancial assistance at the Airport,
including ACRGP funds provided under this Grant Agreement. It will provide such reports on
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
pavement condition and pavement management programs as the Secretary determines
may be useful.
9. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all Grant accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of this Grant, the total cost of the Grant in
connection with which this Grant is given or used, and the amount or nature of that
portion of the cost of the Grant supplied by other sources, and such other financial
records pertinent to the Grant. The accounts and records shall be kept in accordance
with an accounting system that will facilitate an effective audit in accordance with the
Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, for the purpose of audit and
examination, any books, documents, papers, and records of the recipient that are
pertinent to this Grant. The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is made of the
accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to
the Grant in connection with which this Grant was given or used, it shall file a certified
copy of such audit with the Comptroller General of the United States not later than six
(6) months following the close of the fiscal year for which the audit was made.
10. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any
projects funded under this Grant Agreement which involve labor, provisions establishing
minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance
with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay
to skilled and unskilled labor, and such minimum rates shall be stated in the invitation f or
bids and shall be included in proposals or bids for the work.
11. Veteran's Preference. It shall include in all contracts for work on any project funded under
this Grant Agreement which involve labor, such provisions as are necessary to insure that, in
the employment of labor (except in executive, administrative, and supervisory positions),
preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq
war veterans, disabled veterans, and small business concerns owned and cont rolled by
disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this
preference shall apply only where the individuals are available and qualified to perform the
work to which the employment relates.
12. Operation and Maintenance.
a. The Airport and all facilities which are necessary to serve the aeronautical users of the
Airport, other than facilities owned or controlled by the United States, shall be operated
at all times in a safe and serviceable condition and in accordance with the minimum
standards as may be required or prescribed by applicable Federal, state and local
agencies for maintenance and operation. It will not cause or permit any activity or action
thereon which would interfere with its use for airport purposes. It will suitably operate
and maintain the Airport and all facilities thereon or connected therewith, with due
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
regard to climatic and flood conditions. Any proposal to temporarily close the Airport for
non-aeronautical purposes must first be approved by the Secretary. In furtherance of this
assurance, the sponsor will have in effect arrangements for-
1) Operating the Airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the
Airport. Nothing contained herein shall be construed to require that the Airport
be operated for aeronautical use during temporary periods when snow, flo od or
other climatic conditions interfere with such operation and maintenance. Further,
nothing herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is substantially
damaged or destroyed due to an act of God or other condition or circumstance
beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or
controls upon which Federal funds have been expended.
13. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal
airspace as is required to protect instrument and visual operations to the Airport (including
established minimum flight altitudes) will be adequately cleared and protected by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and
by preventing the establishment or creation of future airport hazards.
14. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the
adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of
the Airport to activities and purposes compatible with normal airport operations, including
landing and takeoff of aircraft.
15. Exclusive Rights. The sponsor shall not grant an exclusive right to use an air navigation
facility on which this Grant has been expended. However, providing services at an airport by
only one fixed-based operator is not an exclusive right if—
a. it is unreasonably costly, burdensome, or impractical for more than one fixed -based
operator to provide the services; and
b. allowing more than one fixed-based operator to provide the services requires a reduction
in space leased under an agreement existing on Septembe r 3, 1982, between the
operator and the Airport.
16. Airport Revenues.
a. This Grant shall be available for any purpose for which airport revenues may lawfully be
used to prevent, prepare for, and respond to coronavirus. Funds provided under this
ACRGP State Block Grant Agreement will only be expended for the capital or operating
costs of the Airport; the local airport system; or other local facilities which are owned or
operated by the owner or operator of the Airport(s) subject to this Agreement and all
applicable addendums for costs related to operations, personnel, cleaning, sanitization,
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
janitorial services, combating the spread of pathogens at the Airport, and debt service
payments as prescribed in the Act.
b. For airport development, 49 U.S.C. § 47133 applies.
17. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request and make such reports available to the public;
make available to the public at reasonable times and places a report of the Airport
budget in a format prescribed by the Secretary;
b. in a format and time prescribed by the Secretary, provide to the Secretary and make
available to the public following each of its fiscal years, an annual report listing in
detail:
1. all amounts paid by the Airport to any other unit of government and the purposes
for which each such payment was made; and
2. all services and property provided by the Airport to other units of government
and the amount of compensation received for provision of each such service and
property.
18. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in
connection with any air traffic control or air navigation activities, or weather -reporting and
communication activities related to air traffic control, any areas of land or water, or estate
therein, or rights in buildings of the sponsor as the Secretary considers necessary or
desirable for construction, operation, and maintenance at Federal expense of space or
facilities for such purposes. Such areas or any portion thereof will be made available as
provided herein within four months after receipt of a written request from the Secretary.
19. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will
keep up to date at all times an airport layout plan of the Airport showing:
1) boundaries of the Airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto;
2) the location and nature of all existing and proposed airport facilities and
structures(such as runways, taxiways, aprons, terminal buildings, hangars and roads),
including all proposed extensions and reductions of existing airport facilities;
3) the location of all existing and proposed non-aviation areas and of all existing
improvements thereon; and
4) all proposed and existing access points used to taxi aircraft across the Airport’s
property boundary. Such Airport layout plans and each amendment, revision, or
modification thereof, shall be subject to the approval of the Secretary which approval
shall be evidenced by the signature of a duly authorized representative of the
Secretary on the face of the Airport layout plan. The sponsor will not make or permit
any changes or alterations in the Airport or any of its facilities which are not in
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
conformity with the airport layout plan as approved by the Secretary and which
might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency
of the Airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a
change or alteration in the Airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally owned,
leased, or funded property on or off the Airport and which is not in conformity with the
airport layout plan as approved by the Secretary, the owner or operator will, if
requested, by the Secretary (1) eliminate such adverse effect in a manner approv ed by
the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to
a site acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of operation
existing before the unapproved change in the Airport or its facilities except in the case of
a relocation or replacement of an existing airport facility due to a change in the
Secretary’s design standards beyond the control of the airport sponsor.
20. Civil Rights. It will promptly take any measures necessary to ensure that no person in the
United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability
be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in any activity conducted with, or benefiting from, funds received from this
Grant.
a. Using the definitions of activity, facility, and program as found and defined in §§ 21.23 (b) and
21.23 (e) of 49 CFR Part 21, the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance with all non-discrimination requirements imposed by or
pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other Federal assistance) for
any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s
programs and activities.
2. Facilities. Where it receives a grant or other Federal financial assistance to construct, expand,
renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to
the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the
form of, or for the acquisition of, real property or an interest in real property, the assurance
will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which
Federal financial assistance is extended to the program, except where the Federal
financial assistance is to provide, or is in the form of, personal property, or real property,
or interest therein, or structures or improvements thereon, in which case the assurance
obligates the sponsor, or any transferee for the longer of the following periods:
1. So long as the Airport is used as an airport, or for another purpose involving the
provision of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property.
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
d. Required Solicitation Language.
It will include the following notification in all solicitations for bids, Requests for Proposals
for work, or material under this Grant and in all proposals for agreements, including
airport concessions, regardless of funding source:
“The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby
notifies all bidders that it will affirmatively ensure that for any contract entered into
pursuant to this advertisement, disadvantaged business enterprises and airport
concession disadvantaged business enterprises will be afforded full and fair opportunity
to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, or national origin in consideration for an award.”
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the
acts and regulations relative to non-discrimination in Federally-assisted programs of
the DOT, and incorporating the acts and regulations into the contracts by reference in
every contract or agreement subject to the non-discrimination in Federally-assisted
programs of the DOT Acts and regulations.
2. It will include a list of the pertinent non -discrimination authorities in every contract
that is subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land,
in any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the
basis of race, color, national origin, creed, sex, age, or handicap as a covenant
running with the land, in any future deeds, leases, license, permits, or similar
instruments entered into by the sponsor with other parties:
A. For the subsequent transfer of real property acquired or improved under the applicable
activity, grant, or program; and
B. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, grant, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-
grantees, contractors, subcontractors, consultants, transferees, successors in interest,
and other participants of Federal financial assistance under such program will comply
with all requirements imposed or pursuant to the acts, the regulations, and this
assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to
any matter arising under the acts, the regulations, and this assurance.
21. Foreign Market Restrictions. It will not allow funds provided under this Grant to be u sed to
fund any activity that uses any product or service of a foreign country during the period in
which such foreign country is listed by the United States Trade Representative as denying fair
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
22. Policies, Standards and Specifications. It will carry out any project funded under an Airport
Coronavirus Relief Program Grant in accordance with policies, standards, and specifications
approved by the Secretary including, but not limited to, the advisory circulars listed in the
Current FAA Advisory Circulars for AIP projects, and included in this grant, and in accordance
with applicable state policies, standards, and specifications approved by the Secretary.
23. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent
practicable, intercity buses or other modes of transportation to have access to the Airport;
however, it has no obligation to fund special facilities for intercity buses or for other modes
of transportation.
24. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race,
color, national origin or sex in the award and performance of any DOT-assisted contract
covered by 49 CFR Part 26, or in the award and performance of any concession activity
contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the
basis of race, color, national origin or sex in the administration of its Disadvantaged Business
Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE)
programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary
and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award
and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT,
are incorporated by reference in this Agreement. Implementation of these programs is a
legal obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the sponsor of its failure to carry out its approved program,
the Department may impose sanctions as provided for under Parts 26 and 23 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801).
25. Acquisition Thresholds. The FAA deems equipment to mean tangible personal property
having a useful life greater than one year and a per-unit acquisition cost equal to or greater
than $5,000. Procurements by micro-purchase means the acquisition of goods or services for
which the aggregate dollar amount does not exceed $10,000, unless authorized in
accordance with 2 CFR § 200.320. Procurement by small purchase procedures means those
relatively simple and informal procurement methods for securing goods or services that do
not exceed the $250,000 threshold for simplified acquisitions.
3-19-0013-013-2021
28
28
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC
DocuSign Envelope ID: DBB514DB-005A-41F4-84BB-BD5E2ED876DC