22-77222-772ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOACCEPT ON BEHALF OF THE CITY AN OFFER FROM THE TEXAS DEPARTMENT OFTRANSPORTATION RELATING TO AN AIRPORT RESCUE PLAN ACT GRANT OF
$ 148,000; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the American Rescue Plan Act of 2021, was signed into law on March 11,
2021, and established the Airport Rescue Plan Act Grant program which included $8 billion in
funds to be awarded as economic relief to eligible U.S. airports affected by the COVID-19pandemic; and
WHEREAS, the Texas Department of Transportation (“TxDOT”), on behalf of the State
of Texas, has offered the City an Airport Rescue Plan Act Grant in the amount of $148,000 and
will pay one hundred percent (100%) of the allowable grant costs incurred at the Denton
Enterprise Airport; and
WHEREAS, the City intends to use the funding offered for reimbursement of operational
expenses at Denton Enterprise Airport; and
WHEREAS, the City of Denton names TxDOT as its agent for the purposes of applyingfor, receiving, and disbursing all grant funds; NOW THEREFORE,
THE COUNCIL OF THE CiTY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitals contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City Manager, or designee, is hereby authorized to accept on behalf of
the City aom TxDOT an offer for an Airport Rescue Plan Act grant in the amount of $148,000,
and to execute on behalf of the City all contracts, agreements, and other documents with the
State of Texas, represented by TxDOT, as may be required in order to accept the offer and
receive the fInancial assistance at the Denton Enterprise Airport.
SECTION 3. The City Manager, or their designee, is further authorized to carry out all
duties and responsibilities to be performed by the City in connection with the acceptance of the
offer and the receipt and use of the grant funds.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
Th, m,ti,„ t, ,pp„„, thi, O,di„,„„ w„ m,d, by Jesse aNtS ,„d
seconded by Brian SeEIC . The) ved
by the following vote [1 - al :
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4 :
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the day of 2022
Z„zZ,„;_
ATTEST
ROSA RIOS, CITY SECRETARY [\\\111111//
APPROVED AS TO LEGAL FORMMACK REINWAND, CITY ATTORNEY
DocuSign Envelope ID: 08C04EF2-04D045AD-AFAD-BA2D07096874
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT RESCUE PLAN ACT GRANT AGREEMENT
PART I – OFFER
Offer Date February 22, 2022
Airport Denton Enterprise Airport
Grant/Project Number 22CVDENTN
Unique Entity Identifier/DUNS 071380190
TO:City of Denton, Texas(herein called the “Sponsor”)
FROM: The State of Texas, acting through the Texas Department of Transportation (herein called theState”)
WHEREAS, the Sponsor has submitted to the State a Request for FY 2021 Airport Rescue Grant
Program Funding, dated February 17, 2022, for a grant of Federal funds at or associated withDenton Enterprise Airport;
This Grant Agreement, (hereinafter called “Grant”), is made and entered into by and between the
Texas Department of Transportation, (hereinafter referred to as the ’'State"), for and on behalf ofthe State of Texas, and City of Denton, Texas, (herein called the "Sponsor").
WHEREAS, City of Denton has accepted the terms of the State’s Grant offer;
WHEREAS, in consideration of the promises, representations and assurances provided by the
Sponsor, the State has approved the request for funding for Denton Enterprise Airport consistingof the following
WHEREAS, the purpose of this Grant is to prevent, prepare for, and respond to coronavirus.
Funds provided under this Grant must only be used for purposes directly related to the airport and
shall be provided to such covered airport using this Grant which include the terms, conditions,
and assurances attached hereto. Such purposes can include the reimbursement of an airport’s
costs related to operations, personnel, cleaning, sanitization, janitorial services, and combating
the spread of pathogens in accordance with the limitations prescribed in the Act and incurred no
earlier than January 20, 2020. This Grant also may be used to reimburse a Sponsor’s paymentof debt service where such payments occur on or after March 11, 2021. Funds provided under
this Grant will be governed by the same principles that govern “airport revenue.” New airportdevelopment projects not directly related to combatting the spread of pathogens may not befunded with this Grant.
NOW THEREFORE, in accordance with the applicable provisions of the American Rescue Plan
Act of 2021 (“ARP Act or the Act”), Public Law 117-2, the representations contained in AirportRescue Grant Request for Funding, and in consideration of (a) the Sponsor’s acceptance of thisOffer; and, (b) the benefits to accrue to the United States and the public from the accomplishmentof the Grant and in compliance with the conditions as herein provided,
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THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE STATEOF TEXAS, HEREBY OFFERS AND AGREES to pay 100% percent of the allowable costsincurred as a result of and in accordance with this Grant.
Assistance Listings Number (Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is
$148,000
2 Period of Performance. The period of performance shall commence on the date the Sponsorformally accepts this Grant. The end date of the period of performance is August 19, 2025.
The Sponsor may only charge allowable costs for obligations incurred prior to the end date of theperiod of performance (2 CFR S 200.309). Unless the State authorizes a written extension, theSponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations
incurred under this award no later than 90 calendar days after the end date of the period ofperformance (2 CFR S 200.343).
The period of performance end date shall not affect, relieve or reduce Sponsor obligations andassurances that extend beyond the closeout of this Grant.
3 Unallowable Costs. The Sponsor shall not seek reimbursement for any costs that the State hasdetermined to be unallowable under the ARP Act.
4.Final Federal Share of Costs. The United States’ share of allowable Grant costs is 100%
5.Completinq the Grant without Delay and in Conformance with Requirements. The Sponsormust carry out and complete the Grant without undue delays and in accordance with this Grant,the ARP Act, and the regulations, policies, standards and procedures of the Secretary ofTransportation (“Secretary”). Pursuant to 2 CFR S 200.308, the Sponsor agrees to report to theState any disengagement from funding eligible expenses under the Grant that exceeds threemonths and request prior approval from State. The report must include a reason for the stoppage.The Sponsor agrees to comply with the attached assurances, which are part of this Grant andany addendum that may be attached hereto at a later date by mutual consent.
6.
7.
Amendments or Withdrawals before Grant Acceptance. The State reserves the right to amendor withdraw this offer at any time prior to its acceptance by the Sponsor.
Offer Expiration Date. This offer will expire and the State will not be obligated to pay any part ofthe costs unless this offer has been accepted by the Sponsor on or before June 30, 2025, or such
subsequent date as may be prescribed in writing by the State.
8. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if
necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federalantitrust statutes, or misused in any other manner, including uses that violate this Grant, the ARPAct or other provision of applicable law. For the purposes of this Grant, the term “Federal funds”
means funds however used or dispersed by the Sponsor, that were originally paid pursuant tothis or any other Federal grant agreement(s). The Sponsor must return the recovered Federalshare, including funds recovered by settlement, order, or judgment, to the State. The Sponsormust furnish to the State, upon request, all documents and records pertaining to the determinationof the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts
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taken to recover such funds. All settlements or other final positions of the Sponsor, in court or
otherwise, involving the recovery of such Federal share require advance approval by the State.
9.State of Texas Not Liable for Damage or Iniurv. The State is not responsible or liable for
damage to property or injury to persons which may arise from, or relate to this Grant, including,but not limited to, any action taken by the Sponsor related to or arising from, directly or indirectly,this Grant.
10. Electronic Grant Payment(s). The Sponsor must use the eGrants system to electronically
submit each pay request, and associated support documentation. The State will provide payment
request forms to upload with supporting documentation. The State will review invoices manuallyto ensure payment eligibility and is committed to processing payments in a timely manner.
11. Financial Reportinq and Payment Requirements. The Sponsor will comply with all Federalfinancial reporting requirements and payment requirements, including submittal of timely andaccurate reports.
12. Buy American. Unless otherwise approved in advance by the State, in accordance with 49 U.S.C.S 50101 the Sponsor will not acquire or permit any contractor or subcontractor to acquire any
steel or manufactured goods produced outside the United States to be used for any permitted use
for which funds are provided under this Grant. The Sponsor will include a provision implementingBuy American in every contract under this Grant.
13. Audits for Private Sponsors. When the period of performance has ended, the Sponsor mustprovide a copy of an audit of this Grant prepared in accordance with accepted standard auditpractices, such audit to be submitted to the State
14. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program-specificaudit in accordance with 2 CFR Part 200. Upon request of the State, the Sponsor shall provide
one copy of the completed audit to the State.
15. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR S180.200, the Sponsor must:
A Verify the non-Federal entity is eligible to participate in this Federal program by:
1.Checking the excluded parties list system (EPLS) as maintained within the System forAward Management (SAM) to determine if the non-federal entity is excluded ordisqualified; or
2.Collecting a certification statement from the non-federal entity attesting the entity is notexcluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual or firm is not
excluded or disqualified from participating.
B.Require prime contractors and subcontractors to comply with 2 CFR S 180.330 when enteringinto lower-tier transactions (e.g. sub-contracts).
C. Immediately disclose to the State whenever the Sponsor (1) learns the Sponsor has enteredinto a covered transaction with an ineligible entity, or (2) suspends or debars a contractor,
person, or entity.
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16. Ban on Texting While Driving.
A.In accordance with Executive Order 13513, Federal Leadership on Reducing Text MessagingWhile 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 workfor, or on behalf of, the Federal government, including work relating to this Grant.
2 Conduct workplace safety initiatives in a manner commensurate with the size of thebusiness, such as:
a. Establishment of new rules and programs or re-evaluation of existing programs toprohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risksassociated with texting while driving.
The Sponsor must insert the substance of this clause on banning texting while driving in allcontracts and subcontracts.
B.
17. Trafficking in Persons.
A. The Sponsor, as the recipient, and the Sponsor’s employees, under this award, may not –
1. Engage in severe forms of trafficking in persons during the period of time this Grant is ineffect
2 Procure a commercial sex act during the period of time that the award is in effect; or
3.Use forced labor in the performance of the Grant.
B.The State as the awarding agency may unilaterally terminate this award, without penalty, if aSponsor that is a private entity –
1.
2.
Is determined to have violated a prohibition in paragraph A of this Grant term; or
Has an employee who is determined by the agency official authorized to terminate theaward to have violated a prohibition in paragraph A of this Grant term through conductthat is either
a.Associated with performance under this award; or
b. Assigned to the Sponsor using the standards and due process for directing theconduct 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.
The Sponsor must inform the State immediately of any information received from any source
alleging a violation of a prohibition in paragraph A during this Grant term.
3.
4 The State’s right to terminate unilaterally that is described in paragraph A of this section:
a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA),as amended (22 U.S.C. S 7104(g)), and
b. Is in addition to all other remedies for noncompliance that are available to the FAAand State under this Grant.
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18. Employee Protection from Reprisal.
A.Prohibition of Reprisals –
1. In accordance with 41 U.S.C. S 4712, an employee of the Sponsor may not be discharged,demoted, or otherwise discriminated against as a reprisal for disclosing to a person orbody described in sub-paragraph (A)(2), information that the employee reasonablybelieves 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; ore. A violation of law, rule, or regulation related to a Federal grant.Persons and bodies covered: The persons and bodies to which a disclosure
employee is covered are as follows:
2 by an
a
b
C.def
g.
A member of Congress or a representative of a committee of Congress;An Inspector General;The Government Accountability Office;A Federal office or employee responsible for oversight of a grant program;
A court or grand jury;A management office of the Sponsor; or
A Federal or State regulatory enforcement agency
3. Submission of Complaint – A person who believes that they have been subjected to areprisal prohibited by paragraph A of this grant term may submit a complaint regarding thereprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation.
4. Time Limitation for Submittal of a Complaint - A complaint may not be brought under thissubsection more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General – Actions, limitations, and exceptions of theInspector General’s office are established under 41 U.S.C. S 4712(b).
6. Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision notto 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. S 4712(c).
19. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify theterms of any Federal grant agreement(s), including all terms and assurances related thereto, thathave been entered into by the Sponsor and the State prior to the date of this Grant.
20. Air and Water Quality. The Sponsor is required to comply with all applicable air and water qualitystandards for all projects in this grant. If the State and Sponsor fail to comply with this requirement,the State may suspend, cancel, or terminate this Agreement.
21. Face Coverings Policy. The Sponsor agrees to implement a face-covering (mask) policy tocombat the spread of pathogens. This policy must include a requirement that all persons wear amask, in accordance with Centers for Disease Control (CDC) guidelines and Transportation
Security Administration (TSA) requirements, as applicable, at all times while in all public areas ofthe Airport property, except to the extent exempted under those requirements. This special
condition requires the airport Sponsor continue to require masks until Executive Order 13998,
Promoting COVID-19 Safety in Domestic and International Travel, is no longer effective.
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SPECIAL CONDITIONS FOR USE OF AIRPORT RESCUE FUNDS
CONDITIONS FOR ROLLING STOCK/EQUIPMENT -
1. Equipment or Vehicle Replacement. The Sponsor agrees to treat the proceeds from the trade-in or sale of equipment being replaced with these funds as airport revenue.
2. Equipment Acquisition. The Sponsor agrees that for any equipment acquired with fundsprovided by this grant, such equipment shall be used solely for purposes directly related to the
Airport
3.Low Emission Systems. The Sponsor agrees that vehicles and equipment acquired using fundsprovided under this Grant:
a. Will be maintained and used at the Airport for which they were purchased; and
b. Will not be transferred, relocated, or used at another airport without the advance consent ofthe State
The Sponsor further agrees to maintain annual records on individual vehicles and equipment,project expenditures, cost effectiveness, and emission reductions.
CONDITIONS FOR UTILITIES AND LAND -
1. Utilities Proration. For purposes of computing the Sponsor's share of the allowable airportoperations and maintenance costs, the allowable cost of utilities incurred by the Sponsor, asapplicable, to operate and maintain airport(s) included in this Grant must not exceed the percentattributable to the capital or operating costs of the airport.
2.Utility Relocation in Grant. The Sponsor understands and agrees, that:
a.The State will not participate in the cost of any utility relocation unless and until the Sponsor,has submitted evidence satisfactory to the State, that the Sponsor is legally responsible forpayment of such costs;
b.
C.
State participation is limited to those utilities located on-airport or off-airport only where theSponsor has an easement for the utility; and
The utilities must serve a purpose directly related to the Airport for which the Grant is made.
3. Land Acquisition. Where funds provided for by this Grant used for the purpose of acquiring land,the State agrees and will require the Sponsor agree to record the Grant, including the grantassurances and any and all related requirements, encumbrances, and restrictions that shall applyto such land, in the public land records of the jurisdiction in which the land is located
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PART II - ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, $tatenents, npresentations,warranties, oovenants, and agreements contained in the Grant Application and incorporatedmaterials rebrred to in the foregoing OSer under Part II of this Agreement, and does hereby
accept this (Her and by such acceptance agrees to comply with all of the terms and oonditions in
this ORer and in the Grant Application. The Sponsor understands funding made available under
this Grant may only in used to reimburse for airport operational and maintenance expenses, anddebt service payrrents. The Sponsor further understands it may submit a separate request to use
fUnds for new airport/project developrrent purposes, subject to addttbnal terms, oondttions, andassurances. Further, the Grant constitutes a legal and binding obligation of the Sponsor inaccordance u4th the terms thereof.
I declare under penalty of perjury that the foregoing is true and correct.Dated: 02-25-22
of Denton, Texas
City pf Denton,lasWAMa
OfficiaD
By:Sara Hensley
(Typed Name of Sponsor’s AuthorizedOfficial)
Title:City Manager
(Title of Sponsor’s Authorized Official
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The Sponsor’s acceptance of this Offer and ratification and adoption of the Grant Applicationincorporated herein shall be evidenced by execution of this instrument by the Sponsor, ashereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, asprovided by the ARP Act, constituting the contractual obligations and rights of the State and theSponsor with respect to the accomplishment of the grant application and compliance with theassurances and conditions as provided herein. Such Grant shall become effective upon the
Sponsor's acceptance of this Offer.
STATE OF TEXASTEXAS DEPARTMENT OFTRANSPORTATION
(Signature)
Dan Harmon
(Typed Name)
Director, Aviation Division
(Title)
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AIRPORT RESCUE GRANTASSURANCES
AIRPORT SPONSORS
A. General.
1.These Airport State Block Grant Assurances are required to be submitted as part of theapplication by sponsors requesting funds under the provisions of the American RescuePlan Act of 2021 (“ARP Act or “the Act”), Public Law Number, Public Law 1 17-2. As used
herein, the term "public agency sponsor'’ means a public agency with control of a public-use airport; the term "private sponsor'’ means a private owner of a public-use airport;and the term "sponsor" includes both public agency sponsors and private sponsors.
2 Upon acceptance of the sponsor, these assurances are incorporated into and becomepart of this Grant Agreement.
B. Sponsor Certification.
The Sponsor hereby assures and certifies, with respect to this ARP Act 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 ARP Act 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.
d
e.
Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
Hatch Act - 5 U.S.C. 1501, et seq.2
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title42 U.S.C. 4601, et seq.
f
g.
h.
1.
National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(D.
Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.
Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
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
I Title 49, U.S.C., Section 303, (formerly known as Section 4(D).
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n.
0.
P.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. S 2000d et seq., 78 stat. 252) (prohibitsdiscrimination on the basis of race, color, national origin).
Americans with Disabilities Act of 1 990, as amended, (42 U.S.C. S 12101 et seq.),
prohibits discrimination on the basis of disability).
Age Discrimination Act of 1 975 - 42 U.S.C. 6101, et seq.
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q.
r.
S.
t.
U.
V.
W,
X.
y.
Z.
American Indian Religious Freedom Act, P.L. 95-341, as amended.
Architectural Barriers Act of 1 968 - 42 U.S.C. 4151, et seq.
Power plant and Industrial Fuel Use Act of 1 978 - Section 403- 2 U.S.C. 8373.
Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.
Copeland Anti-kickback Act - 18 U.S.C. 874.1 .
National Environmental Policy Act of 1 969 - 42 U.S.C. 4321, et seq.
Wild and Scenic Rivers Act, P.L. 90-542, as amended.
Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. 2
Drug-Free Workplace Act of 1 988 - 41 U.S.C. 702 through 706.
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.
b
C.
d.
e.
f.
g.
Executive Order 1 1246 - Equal Employment Opportunity
Executive Order 1 1990 - Protection of Wetlands
Executive Order 1 1998 - Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New BuildingConstruction
Executive Order 12898 - Environmental Justice
Executive Order 14005 - Ensuring the Future is Made in All of America by All ofAmerica’s Workers .
FEDERAL REGULATIONS
a.
b.
C.
d.
e.
f.
g.
h
2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment andSuspension (Nonprocurement).
2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and AuditRequirements for Federal Awards. 3' 4
2 CFR Part 1200 - Nonprocurement Suspension and Debarment,
28 CFR Part 35 - Discrimination on the Basis of Disability in State and LocalGovernment Services.
28 CFR S 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of theCivil Rights Act of 1964.
29 CFR Part 1 - Procedures for predetermination of wage rates. 1
29 CFR Part 3 - Contractors and subcontractors on public building or public workfinanced in whole or part by loans or grants from the United States. 1
29 CFR Part 5 - Labor standards provisions applicable to contracts covering Federallyfinanced and assisted construction (also labor standards provisions applicable to non-
construction contracts subject to the Contract Work Hours and Safety Standards Act). 1
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1.41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal EmploymentOpportunity, Department of Labor (Federal and Federally assisted contracting
requirements). 1
J.
k.
I
49 CFR Part 20 - New restrictions on lobbying.
49 CFR Part 21 - Nondiscrimination in Federally-assisted programs of the Department ofTransportation - effectuation of Title VI of the Civil Rights Act of 1 964.
49 CFR Part 23 - Participation by Disadvantaged Business Enterprise in AirportConcessions.
m. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
n.
0.
P.
q.
r.
S.
49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance. 1
49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap inPrograms or Activities conducted by the Department of Transportation.
49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services ofcountries that deny procurement market access to U.S. contractors.
49 CFR Part 32 - Government-wide Requirements for Drug-Free Workplace (FinancialAssistance) .
49 CFR Part 37 - Transportation Services for Individuals with Disabilities (ADA).
49 CFR Part 41 - Seismic Safety.
FooTNOTES TO AssuRANCE AIRPORT RESCUE GRANT SPONSOR AssuRANCE B.1
2
3
4
These laws do not apply to airport planning sponsors.
These laws do not apply to private sponsors.Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines fordetermining the eligibility of specific types of expenses.Audit requirements established in 2 CFR Part 200 subpart F are the guidelines foraudits
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 proposedgrant; that an official decision has been made by the applicant’s governing bodyauthorizing the filing of the application, including all understandings and assurancescontained therein, and directing and authorizing the person identified as the official
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representative of the applicant to act in connection with the application and to providesuch 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. Itshall designate an official representative and shall in writing direct and authorize thatperson to nIe this application, including all understandings and assurances containedtherein; 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 tothe 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 rightsand 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 promptlyto acquire, extinguish, or modify any outstanding rights or claims of right of others whichwould interfere with such performance by the sponsor. This shall be done in a manneracceptable to the Secretary.
b.If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary toensure that the Airport will continue to function as a public-use airport in accordance withthis Grant Agreement.
C.If an arrangement is made for management and operation of the Airport by any agencyor 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 andmaintained in accordance Title 49, United States Code, the regulations, and the termsand conditions of this Grant Agreement.
5. Consistency with Local Plans. Any project undertaken by this Grant Agreement isreasonably consistent with plans (existing at the time of submission of the application orState 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 ofcommunities in or near where any project undertaken by this Grant Agreement may belocated
7. Consultation with Users. In making a decision to undertake any airport developmentproject undertaken by this Grant Agreement, it has undertaken reasonable consultations
with affected parties using the Airport at which project(s) is/are proposed.
8 Pavement Preventative Maintenance. With respect to a project undertaken by this Grant
Agreement for the replacement or reconstruction of pavement at the Airport, it assures orcertifies 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 pavementconstructed, reconstructed, or repaired with Federal financial assistance at the Airport,
including ARP Act funds provided under this Grant Agreement. It will provide such reports
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on pavement condition and pavement management programs as the Secretary determinesmay be useful.
9.Accounting System, Audit, and Record Keeping Requirements.
a.It shall keep all Grant accounts and records which fully disclose the amount anddisposition by the recipient of the proceeds of this Grant, the total cost of the Grant inconnection 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 financialrecords pertinent to the Grant. The accounts and records shall be kept in accordancewith an accounting system that will facilitate an effective audit in accordance with the
Single Audit Act of 1 984.
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 andexamination, any books, documents, papers, and records of the recipient that arepertinent to this Grant. The Secretary may require that an appropriate audit beconducted by a recipient. In any case in which an independent audit is made of theaccounts of a sponsor relating to the disposition of the proceeds of a Grant or relating tothe 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 Waqe 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 establishingminimum rates of wages, to be predetermined by the Secretary of Labor, in accordance withthe Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay toskilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids
and shall be included in proposals or bids for the work.
11. Veteran's Preference. It shall include in all contracts for work on any project funded underthis 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-Iraqwar veterans, disabled veterans, and small business concerns owned and controlled bydisabled 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 theAirport, other than facilities owned or controlled by the United States, shall be operated atall 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 localagencies for maintenance and operation. It will not cause or permit any activity or actionthereon which would interfere with its use for airport purposes. It will suitably operate and
maintain the Airport and all facilities thereon or connected therewith, with due regard toclimatic and flood conditions. Any proposal to temporarily close the Airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of thisassurance, the sponsor will have in effect arrangements for-
1) Operating the Airport’s aeronautical facilities whenever required;
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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 theAirport. Nothing contained herein shall be construed to require that the Airport beoperated for aeronautical use during temporary periods when snow, flood or otherclimatic 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 substantiallydamaged or destroyed due to an act of God or other condition or circumstancebeyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns orcontrols 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 (includingestablished minimum flight altitudes) will be adequately cleared and protected by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards andby 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 ofthe Airport to activities and purposes compatible with normal airport operations, includinglanding and takeoff of aircraft.
15.Exclusive Rights. The sponsor shall not grant an exclusive right to use an air navigationfacility 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-basedoperator to provide the services; and
b. allowing more than one fixed-based operator to provide the services requires a reductionin space leased under an agreement existing on September 3, 1982, between theoperator and the Airport.
16.Airport Revenues.
a.This Grant shall be available for any purpose for which airport revenues may lawfully beused to prevent, prepare for, and respond to coronavirus. Funds provided under thisARP Act 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 bythe owner or operator of the Airport(s) subject to this Agreement and all applicableaddendums for costs related to operations, personnel, cleaning, sanitization, janitorialservices, combating the spread of pathogens at the Airport, and debt service paymentsas prescribed in the Act.
b.For airport development, 49 U.S.C. S 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;
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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 indetail
1
2.
all amounts paid by the Airport to any other unit of government and the purposesfor which each such payment was made; and
all services and property provided by the Airport to other units of government andthe 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 andcommunication activities related to air traffic control, any areas of land or water, or estatetherein, or rights in buildings of the sponsor as the Secretary considers necessary ordesirable for construction, operation, and maintenance at Federal expense of space orfacilities for such purposes. Such areas or any portion thereof will be made available asprovided 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 1 15-254, Section 163, it willkeep up to date at all times an airport layout plan of the Airport showing:
1)
2)
3)
boundaries of the Airport and all proposed additions thereto, together with theboundaries of all offsite areas owned or controlled by the sponsor for airport purposes
and proposed additions thereto;
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;
the location of all existing and proposed non-aviation areas and of all existingimprovements thereon; and
4)all proposed and existing access points used to taxi aircraft across the Airport’sproperty boundary. Such Airport layout plans and each amendment, revision, ormodification thereof, shall be subject to the approval of the Secretary which approvalshall be evidenced by the signature of a duly authorized representative of theSecretary on the face of the Airport layout plan. The sponsor will not make or permitany changes or alterations in the Airport or any of its facilities which are not in
conformity with the airport layout plan as approved by the Secretary and which might,in the opinion of the Secretary, adversely affect the safety, utility or efficiency of theAirport
b Subject to the FAA Reauthorization Act of 2018, Public Law 1 15-254, Section 163, if achange or alteration in the Airport or the facilities is made which the Secretary determinesadversely affects the safety, utility, or efficiency of any federally owned, leased, or fundedproperty on or off the Airport and which is not in conformity with the airport layout plan asapproved by the Secretary, the owner or operator will, if requested, by the Secretary (1 )eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs
of relocating such property (or replacement thereon to a site acceptable to the Secretaryand all costs of restoring such property (or replacement thereon to the level of safety,
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utility, efficiency, and cost of operation existing before the unapproved change in theAirport or its facilities except in the case of a relocation or replacement of an existingairport facility due to a change in the Secretary’s design standards beyond the control ofthe airport sponsor.
20. Civil Rights. It will promptly take any measures necessary to ensure that no person in theUnited 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 receivedfrom this Grant.
a.Using the definitions of activity, facility, and program as found and defined in SS 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 requirementsimposed by or pursuant to these assurances.
b.Applicability
1.Programs and Activities. If the sponsor has received a grant (or other Federalassistance) for any of the sponsor’s program or activities, these requirements extendto 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 financialassistance in the form of, or for the acquisition of, real property or an interest in realproperty, 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 whichFederal financial assistance is extended to the program, except where the Federalfinancial 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 propertyRequired Solicitation Language.d.
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, includingairport concessions, regardless of funding source:
“The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil RightsAct of 1964 (78 Stat. 252, 42 U.S.C. SS 2000d to 2000d-4) and the Regulations, herebynotifies all bidders that it will affirmatively ensure that for any contract entered intopursuant to this advertisement, disadvantaged business enterprises and airportconcession disadvantaged business enterprises will be afforded full and fair opportunityto 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.”
Required Contract Provisions.e
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1.It will insert the non-discrimination contract clauses requiring compliance with the actsand regulations relative to non-discrimination in Federally-assisted programs of theDOT, and incorporating the acts and regulations into the contracts by reference in
every contract or agreement subject to the non-discrimination in Federally-assistedprograms of the DOT Acts and regulations.
2.
3.
It will include a list of the pertinent non-discrimination authorities in every contract thatis subject to the non-discrimination acts and regulations.
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 withthe land, in any future deeds, leases, license, permits, or similar instruments enteredinto by the sponsor with other parties:
A. For the subsequent transfer of real property acquired or improved under theapplicable activity, grant, or program; and
B. For the construction or use of, or access to, space on, over, or under real propertyacquired or improved under the applicable activity, grant, or program.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 complywith all requirements imposed or pursuant to the acts, the regulations, and thisassurance .
f.
g. It agrees that the United States has a right to seek judicial enforcement with regard to anymatter arising under the acts, the regulations, and this assurance.
21. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used tofund any activity that uses any product or service of a foreign country during the period inwhich such foreign country is listed by the United States Trade Representative as denyingfair 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 ARPAct in accordance with policies, standards, and specifications approved by the Secretaryincluding, but not limited to, the advisory circulars listed in the Current FAA Advisory Circulars
for AIP projects, dated July 16, 2021, and included in this grant, and in accordance withapplicable state policies, standards, and specifications approved by the Secretary.
23. Access By Intercity Buses. The airport owner or operator will permit, to the maximumextent 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 othermodes 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 contractcovered by 49 CFR Part 26, or in the award and performance of any concession activitycontract 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
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Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE)
programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take allnecessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscriminationin 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 asapproved by DOT, are incorporated by reference in this Agreement. Implementation of theseprograms 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 approvedprogram, the Department may impose sanctions as provided for under Parts 26 and 23 andmay, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1 936 (31 U.S.C. 3801).
25. Acquisition Thresholds. The FAA deems equipment to mean tangible personal propertyhaving a useful life greater than one year and a per-unit acquisition cost equal to or greaterthan $5,000. Procurements by micro-purchase means the acquisition of goods or services forwhich the aggregate dollar amount does not exceed $10,000, unless authorized in
accordance with 2 CFR S 200.320. Procurement by small purchase procedures means thoserelatively simple and informal procurement methods for securing goods or services that donot exceed the $250,000 threshold for simplified acquisitions.
View the most current Series 150 Advisory Circulars (ACs) for Airport Projects at
http://www.faa.gov/airports/resources/advisory circulars and
http://www.faa.gov/regulations_policies/advisory_circulars
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