CONTRACT 4678 Grant Agreement 4678 � � .�` �a �> � �
U.S.Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I—OFFER
Date of Offer September 18,2014
Airport/Planning Area Los Angeles Internationa)Airport
AIP Grant Number 3-06-0139-080-2014
DUNS Number 077264679
TO: City of EI Segundo
(herein called the "Sponsor") (For Co-Sponsors, list all Co-Sponsor names. The ward "Sponsor" in this
Grant Agreement also applies to a Co-Sponsor.)
FROM: fhe United States of America (acting through the Federal Aviation Administration, herein called the
"FAA"}
WHEREAS,the Spansor has submitted to the FAA a Project Application dated December 19,2013,for a
grant of Federal funds for a project at ar associated with the Los An�eles International Airport, which is
included as part of this Grant Agreement; and
WNEREAS,the FAA has approved a project for the Los An�eles International Airport(herein called the
"Project") consisting of the following:
Noise Mitigation Measures far Residences within 65—69 DNL(eity of EI Segundo), approximate 230
dwelling units.
which is more fully described in the Project Application.
NOW THEREFORE,According to the applicable provisions of the former Federa)Aviation Act of 1958, as
amended and recodified,49 U.S.C.40101, et seq.,and the former Airport and Airway Impravement Act
of 1982 {AAIA), as amended and recodified,49 U.S.C.47101, et seq., (herein the AAIA grant statute is
referred to as "the Act"),the representations contained in the Project Applicatian, and in consideration
of(a)the Sponsor's adoption and ratification of the Grant Assurances dated 3/2Q14, and the Sponsar's
acceptance of this Offer,and (b)the benefits to accrue ta the United States and the public from the
accomplishment of the Project and compliance with the Grant Assurances and conditions as herein
provided,
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THE FEDERAL AVIATIOIV ADMINISTRATION, FOR AND ON BEHALF QF THE UNITED STATES, HEREBY
OFFERS AIVD AGREES to pay ei�htv 80 percent of the allowable costs incurred accomplishing the
Project as the United States share of the Project.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND Ct?NDITIONS:
CONDITIONS
1. Maximum Obli�ation.The maximum obligation of the United States payable under this Offer is
��,000.00a.00.
For the purposes of any future grant amendments which may increase the foregoing maximum
obligation of the United States under the provisions of 49 U.S.C. §47108(b),the following amounts
are being specified for this purpose:
$0.00 for planning
$7,000,0OO.OQ for airport development or noise program implementation
$0.00 for land acquisition.
2. Ineli�ible or Unallowable Costs.The Sponsor must not include any costs in the project that the FAA
has determined to be ineligible or unallowable.
3. Determinin�the Final Federal Share of Costs.The United States' share of allowable project costs
will be made in accordance with the regulations, policies and pracedures of the Secretary. Final
determination of the United States'share will be based upon the final audit of the total amount of
allowable project costs and settlement will be made for any upward or downward adjustments to
the Federal share of costs.
4. Completin�the Proiect Without Delav and in Conformance with Requirements The Sponsor must
carry out and complete the project without undue delays and in accordance with this agreement,
and the regulations, policies and procedures of the Secretary. The Sponsor also agrees ta cpmply
with the assurances which are part of this agreement.
5. Amendments or Withdrawals before Grant Acceptance The FAA reserves the right to amend or
withdraw this offer at any time prior to its acceptance by the Sponsar.
6. Offer Expiration Date.This affer will expire and the United States will not be obligated to pay any
part of the costs of the project unless this offer has been accepted by the Sponsor on or befare
September 24,2014, or such subsequent date as may be prescribed in writing by the FAA.
7. Impraper Use of Federal Funds.The Sponsor must take all steps, including litigatian if necessary,to
recover Federal funds spent fraudulently,wastefully,or in violation of Federal antitrust statutes, or
misused in any other manner in any project upon which Federal funds have been expended. For the
purposes of this grant agreement,the term "Federal funds" means funds however used or dispersed
by the Sponsar that were originally paid pursuant to this or any other Federal grant agreement. The
Sponsor must obtain the approval of the Secretary as to any determination of the amount of the
Federal share of such funds. The Sponsor must return the recovered Federal share, including funds
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recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the
Secretary, upon request, ali documents and recards pertaining to the determination of the amount
of the Federal share or to any settlement, litigation, negotiation,or other effarts taken to recover
such funds. All settlements or other final positions of the Sponsor, in court or atherwise, involving
the recovery of such Federal share require advance approval by the Secretary.
8. United States IVot Liable for Dama�e or Iniurv The United States is not be responsible or liable for
damage to property or injury to persons which may arise from,or be incident to,compliance with
this grant agreement.
9. Systern for Award Mana�ement{SAM)Re�istration And Universal Identifier
A. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from
this requirement under 2 CFR 25.110,the Sponsor must maintain their infarmation current in
the S,4M until the Sponsor 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
pracedures may be found at the SAM website (currently at http://www.sam.gov).
B. Requirement for Qata Universal Numbering System (DUNS) Numbers
1. The Sponsor must natify potential subrecipient that it cannot receive a contract unless it has
provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor,
or ather entity that enters into an agreement with the Sponsor to provide services or other
work to further this project, and is accountable to the Sponsor for the use of the Federal
funds provided by the agreement, which may be provided through any legal agreement,
including a contract.
2. The Sponsar may not make an award to a subrecipient unless the subrecipient has provided
its DUNS number to the Sponsor.
3. Data Universal Numbering System: DUN5 number means the nine-digit number established
and assigned by Dun and Bradstreet, Inc. (D& B)to uniquely identify business entities.A
DUR1S number may be obtained from D& B by telephone {currently 866-492-0280)or the
Internet(currently at http://fed�ov.dnb.com/webform).
10. Electranic Grant Pavment(s). Unless otherwise directed by the FAA,the Sponsor must make each
payment request under this agreement electronically via the Delphi elnvoicing System for
Department of Transportation (DOT) Financial Assistance Awardees.
11. Informal Letter Amendment of AIP Proiects If, during the life af the project,the FAA determines
that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor
by$25,OOQ or five percent(5%),whichever is greater,the FAA can issue a letter to the Sponsor
unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor
increasing the maximum obligation if there is an overrun in the total actual eligible and allawable
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project costs to cover the amount of the overrun provided it will not exceed the statutory
limitations for grant amendments. If the FAA determines that a change in the grant description is
advantageous and in the best interests of the United 5tates,the FAA can issue a letter to the
Sponsor amending the grant description.
By issuing an Informal Letter Amendment,the FAA has changed the grant amount or grant
description to the amount or description in the letter.
12. Air and Water Quality.The Sponsor is required to camply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement,the FAA
may suspend, cancel, or terminate this grant.
13. Financial Reportin�and Pavment Requirements The Sponsor will comply with all federal financial
reporting requirements and payment requirements, including submittal of timely and accurate
reports.
14. Buv American. Unless otherwise approved in advance by the FAA,the Sponsor will not acquire or
permit any contractor or subcontractor to acquire any steel or manufactured products produced
outside the United States ta be used for any project for which funds are provided under this grant.
The Sponsor will include a provision implementing Buy American in every contract.
15. Maximum t?bli�atian Increase For Prirnary Airports In accordance with 49 U.S.C. §47108(b), as
amended,the maximum obligation of the United States, as stated in Condition No. 1 of this Grant
Offe r:
A. May not be increased for a planning project;
B. May be increased by not more than 15 percent for development projects;
C. May be increased by not more than 15 percent for land projects.
16. Audits for Public Spansors. The Sponsor must provide for a Single Audit in accordance with 2 CFR
Part 200. The Sponsor must submit the Single Audit reparting package to the Federal Audit
Clearinghouse on the Federal Audit Clearinghouse's Internet data Entry System at
http://harvester.census.�ov/facwebl. The Sponsor must also provide one copy of the completed 2
CFR Part 20Q audit to the Airports District Office.
17. Suspension or Debarrnent. The Sponsor must inform the FAA when the Sponsor suspends or debars
a cantractor, person,or entity.
18. Ban on Textin�While Drivin�.
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:
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1. Adopt and enforce workplace safety palicies to decrease crashes caused by distracted
drivers including policies to ban text messaging while driving when performing any work for,
or on behaif of,the Federai government, including work relating to a grant or subgrant.
2. �onduct workplace safety initiatives in a manner cammensurate with the size of the
business, such as:
a. Establishment of new rufes and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach to emp�oyees about the safety risks
associated with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting when driving in all
subgrants, contracts and subcontracts.
19. Traffickin�in Persons.
A. Prohibitions: The prahibitions against trafficking in persons (Prohibitions)that apply to any
entity other than a State, local government, Indian tribe, or foreign public entity. This includes
private Sponsors, public Sponsor employees, subrecipients of private or public Sponsors(private
entity) are:
1. Engaging in severe forms of trafficking in persons during the period of time that the
agreement is in effect;
2. Procuring a commercial sex act during the period of time that the agreement is in effect; or
3. Using forced labar in the performance of the agreement, including subcontracts or
subagreements under the agreement.
B. In addition to all other remedies for noncompliance that are available to the FAA,Section 106(g) of
the Trafficking Victims Protection Act of 2000(NPA), as amended (22 U.S.C. 7104(g)), allows the
FRA to unilaterally terminate this agreement,without penalty, if a private entity–
1. Is determined to have violated the Prohibitions;or
2. Has an employee who the FAA determines has violated the Prohibitians through conduct
that is either—
a. Associated with performance under this agreement;or
b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonpracurement)," as
implemented by the FAA at 49 CFR Part 29.
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SPECIAL CONDITIONS
20. Noise Proiects on Privatelv Owned Propertv: The Sponsor understands and agrees that no
payment wiil be made under the terms of this Grant Agreement for work accomplished on
privately owned land until the Sponsor submits the agreement with the owner of the property
required by the Grant Assurance Number 5: Preserving Rights and Powers, and the FAA has
determined that the agreement is satisfactory. As a minimum, the agreement with the private
owner must contain the following provisions:
A. The property owner must inspect and approve or disapprove the work on the project during and
after completian of the measu�es as the FAA or Sponsar reasonably requests.
B. The property owner is responsible for maintenance and operation of the items installed,
purchased, or constructed under this Grant Agreement. Neither the FAA nor the Sponsor bears
any responsibility for the maintenance, operation, or replacement of these items.
C. If the Sponsor transfers Federal funds for the noisa compatibility measures to a private property
owner ar agent, the property owner must agree to keep records and make those records
available to the FAA and the Sponsor about the amount af funds received and the disposition of
the funds.
D. The property owner's right to sue for adverse noise impacts will be abrogated if the property
owner deliberately or willfully reduces the effectiveness of the noise compatibility measures
during the useful life of such measures. This obligation wi�l remain in effect throughout the useful
life of the noise compatibility measures, but not to exceed 20 years from the date of the
Spansor's aeceptance af federal aid for the project.
21. Annual Noise Report: As a condition of this Airport Impravement Program (AIP) grant,the
Sponsor agrees to provide to the FAA, an annual report of funds expended and actians
associated with this grant within 90 days following the end of each Federal fiscal year the grant
remains open. The report must provide the follawing information:
A. Total noise grant funds expended during the fiscal year.
B. Amount of funds expended by Program Element(s) as identified in the Sponsor's Noise
Compatibility Program (NCP).
C. Number of parcels mitigated by DNL contour and Program Element as identified in the Sponsor's
NCP.
D. Total number of people impacted by the Sponsor's NCP (by DNL contaur) and total number af
people mitigated during the fiscal year by DNL contour and Program Element as identified in the
Sponsor's NCP.
E. A graphic (map) depicting DNL contours and the location of mitigation action as defined by the
Program Element(s) of the Sponsor's NCP, including a list by address far mitigation actions
shown on the map.
F. A written plan outlining actions being planned for the ne�ct year based on the Sponsor's priorities
and the NCP.
G. Other infarmation as required by the FAA.
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution af this instrument by the Sponsor,as hereinafter
provided,and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect to
the accomplishment of the Project and compliance with the assurances and conditions as provided
herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDE AV ION ADMINISTRATION
(Signature)
Patrick Lammerding
(Typed NameJ
Assistant Manager, Las Angeles Airports
District Office
(Title)
PART I I—ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations,warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to
in the foregoing Offer,and does hereby accept this Offer and by such acceptance agrees to comply with
all of the terms and conditions in this Offer and in the Project Application.
I declare under penalty of perjury that the foregoing is true and correct.l
Executed this 18th day of September, 2014
City of EI Segundo
(Nam of SponsorJ
� �
(Signature a ponsor's Designated Officia/Representative)
By:
(Type Name of Sponsor's Designated Officia/Representative)
Title:
Mayor
(Title of Sponsor)
' Knowingly and willfully providing false information to the Federal government is a violation of 18
U.S.C. Section 1001 (False Statementsj and could subject you to fines, imprisonment, or both.
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CERTIFICATE OF SPONSOR'S ATTORNEY
I, ���°�.�`+ �• �:,'��f� , 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 G���'��,R�4�1 . Further, I have examined the foregoing Grant Agreement
and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized
and that the execution thereof is in all respects due and praper and in accordance with the laws of the
said State and the Act. In addition,for grants involving projects to be carried out on property not owned
by the Sponsor,there are no legal impediments that will prevent full performance by the Spansor.
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.
Dated at ���:c�,, this 18th day of Se tember ,2014
By � .
(Sig atur of Sponsor's Attorney)
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ASSURA�ICES
Non-Airport Sponsors Undertaking Noise Compatibility Program Projects
A. General.
1. These assurances shall be complied with in the performance of grant agreements for
naise compatibility projects undertaken by sponsors who are not proprietors of the
airport which is the subject of the noise compatibility program.
2. These assurances are required to be submitted as part of the project applicatian by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII,as
amended. Sponsors are units of local government in the areas around the airport
which is the subject of the noise campatibility program.
3. Upon acceptance of this grant offer by the sponsor,these assurances are incorporated
in and become part of this grant agreement.
B. Duration and Applicability.
The terms, conditions and assurances of this grant agreement shall remain in full force and effect
thraughout the useful life of the facilities developed ar equiprnent acquired throughout the useful
life of the project items installed under a project, but in any event not to exceed twenty(20)years
from the date of acceptance of a grant offer of Federal funds for the project. Ho�vever,there
shall be no limit on the duration of the tenns, conditions, and assurances with respect to real
property acquired with federal funds. Furthermore,the duration af the Civil Rights assurance
shall be specified in the assurances.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
l. General Federal Requirements.
It will comply with all applicable Federal laws, regutations, executive orders,
policies, guidelines, and reqt�irements as they relate to the application, acceptance and
use of Federal funds for this praject including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act-40 U.S.C. 276(a), et seq.l
c. Federal Fair Labor Standards Act-29 U.S.C. 201, et seq.
d. Hatch Act—5 U.S.C. 1501,et seq?
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 Title 42 U.S.C.4601, et seq.l Z
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(F}.�
Nonairport Sponsor Assurances 3/2014 Page i of 10
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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 3Q3, (former(y known as Section 4{�)
m. Rehabilitation Act of 1973 -29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 19b4 (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 199Q, 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. 61Q1, et seq.
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 Wark Hours and Safety Standards Act- 40 U.S.C. 327, et seq.i
u. Copeland Anti-kickback Act- 1$ U.S.C. 874.1
v. National Environmental Policy Act of 1969 -42 U.S.C.4321, et seq.i
w. Wild and Scenic Rivers Act, P.L.90-542, as amended.
x. Single Audit Act of 19$4 -31 U.S.C. 7501, et se�?
y. Drug-Free VVorkplace Act of 1988 -41 U.S.C. 702 through?Ob.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended
(Pub. L. 109-2$2, as amended by section 6202 of Pi►blic Law 110-2�2).
Executive Orders
a. Executive Order 11246 -Equal Employment Opportunityl
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 Constructionl
f. Executive Order 12898 -Environmental Justice
Federal Regulations
a. 2 CFR Part 184 -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. [OMB Circular A-$7 Cost Principles
Applicable to Grants and Contracts with State and Local Governments,and OMB
Circular A-133 -Audits of States, Local Governtnents, and Non-Profit
Organizations].`�'s,6
c. 2 CFR Part 1200—Nonprocurement Suspensian and Debarment
d. 14 CFR Part 13 - Investigative and Enforcement Procedures
e. 14 CFR Part 16 -Rules of Practice For Federally Assisted Airport Enforcement
Proceedings.
Nonairport Sponsor Assurances 3/20t4 Page 2 of 10
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f. 14 CFR Part 1 SO -Airport noise compatibility planning.
g. 28 CFR Part 35-Discrimination on the Basis of Disability in State and Local
Government Services.
h. 28 CFR § 503 - U.S. Department af Justice Guidelines for Enforcement of Title
VI of the Civi1 Rights Act of 1964.
i. 29 CFR Part 1 -Procedures for predetermination of wage rates.l
j. 29 CFR Part 3 -Contractors and subcontractors on public buiiding or public work
financed in whole or part by loans or grants fi•om the United States.l
k. 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 Cantract Work Hours and
Safety Standards Act).'
1. 41 CFR Part 60 -4ffice of Federal Contract Compliance Programs, Equal
EmploSnnent 4pportunity, Department of Labor(Federal and federally assisted
contracting requirements).�
m. 49 CFR Part 18 -Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3
n. 49 CFR Part 20 -New restrictions on lobbying.
o. 49 CFR Part 21 —Nondiscrimination in federally-assisted programs of the
Department of Transportation -effectuatian of Title VI of the Civil Rights Act of
1964.
p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition
for Federal and Federally Assisted Programs.�°2
q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in
Department of Transportation Pragrams.
r. 49 CFR Part 27—Nondiscrimination on the Basis af Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance.l
s. 49 CFR Part 28—Enforcement of Nandiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Department of Transportation.
t. 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.
u. 49 CFR Part 32—Gavernmentwide Requirements for Drug-Free Workplace
(Financial Assistance)
v. 49 CFR Part 37—Transportation Services for Individuals with Disabilities
(ADA).
w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated
new building construction.
Specific Assurances
Specific assurances required to be included in grant agreements by any of the above
laws, regulations or circulars are incorparated by reference in this grant agreement.
Footnotes ta Assurance C.1.
� These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
Nonairport Sponsor Assurances 3/2014 Page 3 of 10
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3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local
Governments receiving Federal assistance.Any requirement levied upon State
and Local Governments by this regulation and circular shall also be applicable
to private sponsors receiving Federal assistance under Title 49, United States
Code.
4 On December 26, 2013 at 78 FR 78590,the Office of Management and Budget
(OMB) issued the Uniform Administrative Requirements,Cost Principles,and
Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200
replaces and combines the former Uniform Administrative Requirements for
Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or
Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220;
Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 23Q}. Additionally it
replaces Circular A-133 guidance on the Single Annual Audit. In accordance
with 2 CFR section 200.110,the standards set forth in Part 200 which affect
administration of Federal awards issued by Federal agencies become effective
once implemented by Federal agencies or when any future amendment to this
Part becomes final. Federal agencies, including the Department af
Transportation, must implement the policies and procedures applicable to
Federal awards by promulgating a regulatian to be effective by December 26,
2014 unless different provisions are required by statute or approved by OMB.
5 Cost principles established in 2 CFR part 200 subpart E must be used as
guidelines for determining the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines
for audits.
2. Responsibility and Authority of the Sponsor.
It has legal authority to apply for this grant, and to finance and carry out the proposed
project;that a resolutian, motion or similar action has been duly adopted or passed as
an official act of the applicant's governing body authorizing the filing of the
application, including all 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 additionaI
information as may be required.
3. Sponsor Fund Availability.
a. It has sufficient funds available for that portion of the project costs which are not
to be paid by the United States.
b. It has sufficient funds available to assure operation and maintenance of items
funded under this grant agreement which it will own or control.
4. Goacl Title.
Far projects to be carried out on the property of the sponsor, it holds good title
satisfactory to the Secretary to that portion of the property upon which Federal fiinds
will be expended or will give assurance to the Secretary that good title will be
obtained.
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5. Preserving Rights and Powers.
a. It will not enter into any transaction, or 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 wi11 act promptly to acquire, extinguish or
modify any outstanding rights or claims af right of others which would interfere
with such performance by the sponsor.This shall be done in a manner acceptable
to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer ar dispose of any part of its
title or other interests in the property for which it holds good title and upan which
Federal fimds have been expended, for the duration of the terms,conditions,and
assurances in this grant agreement without approval by the Secretary. If the
transferee is faund by the Secretary to be eligible under Title 49, United States
Code, to assume the obligations of this grant agreement and to have the power,
authority, and financial resources to carry out all such obligations, the sponsor
shall insert in the contract ar document transferring ar disposing of the sponsor's
interest, and make binding upon the transferee all of the terms, conditions, and
assurances contained in this grant agreement.
c. For alt noise compatibility program projects which are to be carried out by
anather unit of loca( government or are on property owned by a unit of local
government other than the sponsor, it will enter inta an agreement with that
government. Except as otherwise specified by the Secretary,that agreement shall
obligate that government to the same terms, conditions, and assurances that would
be applicable to it if it applied directly to the FAA for a grant to undertake the
noise compatibility prograrn project.That agreement and changes thereto must be
approved in advance by the Secretary.
d. For noise compatibility program projects to be carried out on privately owned
property, it will enter into an agreement with the owner of that praperty which
includes provisions specified by the Secretary.
6. Consistency with Lacal Plans.
The project is reasonably consistent with plans(existing at the time of submission of
this application)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.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the
project may be located.
8. Accounting System,Audit,and Record Keeping Requirements.
a. It shall keep ail project accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of this grant,the total cost af the
project in connection with which this grant is given or used, and the amount or
nature of that portion of the cost of the project supplied by other sources, and such
other financial records pertinent to the project.The accounts and records shall be
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kept in accordance with an accounting system that will facilitate an effective audit
in accordance with the Single Audit Act of 19$4.
b. It shall make available to the Secretary and the Cornptroller General of the United
States, or any of their duly authorized representatives, far the purpase 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 project in connection with which this grant was given or used, it
shall file a cel�tified 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.
4. Minimum Wage Rates.
It shall include, in all contracts in excess of$2,000 for work on any projects funded
under th'rs 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. 27ba-276a-5), which contractors shall pay
ta skilled and unskilled labor, and such minimum rates shall be stated in the invitation
for bids and shall be included in proposals ar bids for the wark.
10. Veterau's Preference.
It shall include in all contracts for work an 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 controlled 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.
11. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedutes apprnved by
the Secretary. Such plans, specifications, and schedules shall be submitted to the
Secretary prior to cammencement of site preparation,construction, or other
performance under this grant agreement, and, upon approval af the Secretary, shall be
incorporated into this grant agreement. Any modification to the approved plans,
specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into this grant agreement.
12. Construction Ins�ection and Approval.
It will provide and maintain competent technical supervision at the construction site
throughout the project to assure that the work conforms to the plans, specifications,
and schedules approved by the Secretary for the project. It shall subject the
construction work on any project contained in an approved project application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and
Nonairport Sponsor Assurances 3J2014 Page 6 of 10
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procedures shall require such cost and progress reparting by the sponsor or sponsors
of such project as the Secretary shall deem necessary.
13. Operation and Maintenance.
It will suitably operate and maintain noise compatibility program items that it owns or
controls upon which Federal fiinds have been expended.
14.Hazard Prevention.
It will protect such terminal airspace as is required to protect instrliment and visual
operations to the airport(including established minimum flight altitudes} by
preventing the establishment or creation of fiiture airport hazards an property owned
or controlled by it or over which it has land use jurisdiction.
15. Compatible Land Use.
It will take appropriate action,to the extent reasonable, including the adoption of
zoning taws,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 takeaff of aircraft. In addition, if the project is for noise compatibility
program implernentatian, it will not cause or permit any change in land iise, within its
jurisdiction,that will reduce its compatibility, with respect to the airport, of the noise
compatibility prograrn measures upon which Federal funds have been expended.
16. Reports and Inspections.
It wiil submit to the Secretary such annual or special financial and aperations reports
as the Secretary may reasonably request. It will also make records and documents
relating to the project and continued compliance with the terms, conditions, and
assurances of this grant agreement including deeds, leases, agreements, regulations,
and other instruments, available for inspection by any duly authorized agent of the
Secretary upon reasonable request.
17. Civil Rights.
It will promptly take any measuures 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, ar be other4vise
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 § 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 sponsar has received a grant(or ather federal
assistance) far any of the sponsor's prog►•am or activities, these requirements
extend to al( of the sponsor's programs and activities.
Nonairport Sponsor Assurances 3/2dia Page 7 of l0
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2) Facilities. Where it receives a grant or other federal financial assistance to
construct, expand, renovate, remodel, alter or acqt�ire 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 far the period during
which Federal financial assistance is extended to the program, except where the
Federal financial assistance is ta provide, or is in the form af, personal property,
or real pr�operty, or interest therein, or structures or improvements thereon, in
which case the assurance obligates the sponsor, or any transferee for the longer of
the fallowing periods:
1) So long as the airport is used as an airport, or for another purpose involving
the provision of similar services or benefits; ar
2) So long as the sponsor retains ownership or possessian of the property.
d. Required Solicitation Language. It will include the following notificatian in all
salicitatians for bids, Requests For Proposals for work, or materia] under this
grant agreement and in all praposals for agreements, inctuding airport
concessions, regardless af funding source:
"The{Name of St�onso�-), in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252,42 U.S.C. §§ 2000d to 200Qd-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that 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 af race, color, or national origin
in consideratian 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-discriminatian in Federally-
assisted programs of the DOT,and incorporating the acts and regulations into
the cantracts 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 nan-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
Nonairport Sponsor Assurances 3/2014 Page 8 of 10
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of real property, stri�ctures, 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 spansor with other parties:
a) Far the subsequent transfer of real property acquired or improved under
the applicable activity,project, 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, project, or
program.
f. It wili 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, contractars, 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 reguiations,
and this assurance.
g. It agrees that the United States has a r•ight to seek judicial enforcement with
regard to any matter arising under the acts,the regulations, and this assurance.
18. Engineering and Design Services.
It will award each cantract, or sub-contract for program management, construction
rnanagement, planning studies, feasibility studies, architectural services, preliminary
engineering, design, engineering, surveying,mapping or related services with respect
to the project in the same manner as a contract for architectural and engineering
services is negotiated under Title IX of the Federal Property and Aclministrative
Services Act of 1949 or an equivalent qualifications-based requirement prescribed for
or by the sponsor of the airport.
19.Foreign Marlcet Restrictians.
It wilt not allow funds provided under this grant to be used to fund any project which
uses any product or service af a foreign country during the period in which such
foreign country is listed by the United States Trade Representative as denying fair
and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
20.Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
including land serving as a noise buffer, it will dispose of the land, when the land
is no longer needed for such purposes, at fair market value, at the earliest
practicable time. That porkion of the proceeds of such disposition which is
proportionate to the United States'share of acquisition of such land will, at the
discretion of the Secretary, (1} be paid to the Secretary for deposit in the Trust
Fund, or(2) be reinvested in an approved noise compatibility project including
the purchase of nonresidential buildings or property in the vicinity of residential
Nonairport Sponsor Assurances 3/2014 Page 9 of 10
buildings ar property previously purchased by the airport as part of a noise
compatibility program.
b. Disposition of such land under(a)will be subject to the retention or reservation of
any interest or right necessary to ensure that such land will only be used for
purposes which are compatible with noise levels associated with operation of the
airport.
21.Relocation and Real Praperty Acyuisition.
a. It will be guided in acquiring reat property,to the greatest extent practicable under
State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and
will pay or reimburse property owners for necessary expenses as specified in
Subpart B.
b. It will provide a relocation assistance program offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to displaced
persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasanable period of time prior to displacement,
comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
22.Disadvantaged Business Enterprises.
The recipient 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. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26
to ensure nondiscrimination in the award and administration of DOT-assisted
contracts. The recipient's DBE program, as required by 49 CFR Parts 26, and as
approved by DOT, is incorporated by reference in this agreement. Implementation af
these programs is a legal obligation and failure to carry out its terms shall be treated
as a violation af this agreement. Upon notification to the recipient 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).
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