f)OT-OS'T-!CJCfl,-i1fl 

OoT- oST--- 2oot+- ( 87(5 

GRANTAGREEMENTBETWEENTBE 

U.S. DEPARTMENT OF TRANSPORTATION 

AND THE MANISTEE BLACKER AIRPORT AUTHORITY, IN 

ASSOCIATION WITH THE CQMMJJNI:r"Y OF MANISTEE/LUDINGTqN, 

MICIDGAN, UNDER THE ALTERNATE ESSENTIAL AIR SERVICE 

PROGRAM 

WHEREAS, the Manistee Blacker Aii]Jort Authority (hereinafter referred to as the 

Grantee). in association with the Essential Air Service (EAS) eligible community of 

Manistee/Ludington, Michigan, has submitted an application for participation in the 

Alternate Essential Air Service (AEAS) Program and the U.S. Department of 

Transportation (DOT) has established annual air service levels and total costs. 

THEREFORE, DOT, acting for the UNITED STATES, presents this Grant Award and 

·Agreement to the Grantee for $9,312,416 for Alternate Essential Air Service at the 

community for a four-year term, and in the amount of$2,328,104 per year, subject to the 

availability of funds. Unless otherwise defined in this Grant Agreement, capitalized 

terms shall have the meanings assigned to such terms in Section D hereof. 

THIS GRANT AWARD AND AG~EJV.l¥NT IS MADE ON AND SUBJECT TO 

THE FOLLOWING TERMS AND.,C.ONDITiONS: 

A. GENERAL CONDITIONS 

I. The eligibility of Manistee/Ludington, Michigan, under the AEAS Program, 

shall be contingent upon its continuing to meet all of the eligibility criteria for 

inclusion in the EAS Program as defined by 49 U .S.G. §§ 41731-42. 

2. The Grantee, in association with the community of Manistee/Ludington, 

Michigan, will forgo participation in the traditional EAS Program for a fouryear period, beginning July 26, 2014, through July 3 I, 2018, except as 

·otherwise prescribed in section B.3.f. 

3. The Grantee will contract with a Part 380 indirect air carrier to provide 

scheduled charter air transportation to Chicago Midway International Airport 

(MDW), or alternate large or medium hub aii]Jort designated by the 

community. 

4. The maximum obligatio~~p£,,t:M*"';V,;git~d States reimbursable under this Grant 

Agreement shall be $9,312,416, and in the amount of$2,328,104 per year, 

subject to the availability of funds. 

5. Payment by the United States for AEAS will be made pursuant to and in 

accordance with the provisions of such regulations and procedures as DOT 

may prescribe. 

6. The Grantee, including any third parties, shall provide AEAS without undue 

delays and in accordance with the terms hereof and pursuant to any 

regulations and procedures as DOT may prescribe. 

7. This Grant Award constitutes an obligation of Federal funding, in the amount 

of $2,328,104 per year, subject to the availability of funding. This Grant 
Award shall expire and tl)~,":~J)Mt~9J)~tates shall not be obligated to reimburse 

any part of the costs of the project unless the ·Grantee signs this Grant 

Agreement on or before July 25, 2014, or such subsequent date as may be 

prescribed in writing by DOT. If the Grantee makes any substantive changes 

to this Grant Agreement, such changes shall constitute proposed amendments 

to this Grant A ward and Agreement and further action on the part of DOT is 

required in order for DOT to accept such proposed amendments to the initial 

Grant Award obligation. 

8. The Grantee shall take all steps, including litigation, if necessary, to recover 

Federal funds when DOT determines, after consultation with the Grantee, that 

such funds have been spent :fraudulently, wastefully, or in violation of Federal 

laws, or misused in any manner in any project upon which Federal funds have 

been expended. For the purposes of this Grant Agreement, the term "Federal 

funds" means funds however used or disbursed by the Grantee that were 

originally paid p\ll"suant to this Grant Agreement. 

9. The Grantee shall retain all documents relevant to the Grant Award and 

Agreement for a period o(s,~v~fi y.~,~$ after air service undertaken pursuant to :-~:--~·f.1"t,!<·~~·,,:•.}<-· '" •... 

the Grant Agreement and req~ipt offmal reimbursement from the U.S. 

Treasury, whichever is later. It shall furnish DOT, upon request, all 

documents and records pertaining to the determination of the amount of the 

Federal funds or to any settlement, litigation, negotiation, or other efforts 

taken to recover such funds. All settlements or other final positions of the 

Grantee, in court or otherwise, involving the recovery of such Federal funds 

shall be approved in advance by DOT. 

10. The United States shall not be responsible or liable for damage to property or 

injury to persons that may arise from, or be incident to, compliance with this 

Grant Agreement. 

11. The Grantee shall ensure compliance with Federal regulations requiring 

conduct of a Federally-approved audit of any expenditure of funds of 

$500,000 or more in a year in Federal awards. 

12. The provisions of 49 CFR Part 18, including Section 18.36 (DOT's 

procurement standards for grants), will apply to the extent that the Grantee 

procures property and servi<::es in£W.Ding out AEAS. · ,;-· ·. ·.~·~;, ~-;· ·;.t~;~.r~ ~'.: ·~·:~-~,(. 

B. APPLICATION OF SPECIFIC CONDITIONS 

1. Grantee: The Manistee Blacker Airport Aq.thority, as the Grantee under the 

AEAS Program, shall administer the Grant according to the conditions set 

forth in this Grant Agreement. 

Grantee Contact: 

Mr. Barry Lind 

Airport Director 

Manistee County Blacker Airport 

2323- Airport Road 

Manistee, Michigan 49660 

Phone: (231) 723-4351 
Fax: (231) 723-8814 

Email: manisteeairport@gmail.com 

2. Purpose: For the Grantee to contract With a Part 380 indirect air carrier to 

provide scheduled public charter air transportation from the Community to 

·Chicago Midway International Airport (MDW), or alternate large·or medium 

hub airport designated by the community. The Grant Award will comprise 

reimbursement of costs incurred per completed flight segment for a period of 

four years, as set forth in Section B.3, below. 

3. Alternate Essential Air Service 

a. Service will be provided using 30~seat BAE Jetstream 41, 19-seat BAE 

Jetstream 31, or equivalent twin-engine aircraft conducting ~egularly 

scheduled public ch~er flights •. -,. 

b. Equivalent service with substitute aircraft in the event of mechanical 

problems or other unforeseen circumstances is acceptable. 

c. Subsidy is to be calculated at $0.80559 per ASM (Available Seat Mile) 

d. Downline or upline service is permitted. 

e. Service levels may fluctuate to reflect seasonal changes in demand and to 

provide greater frequency than planned. 

f. In the event of early termination of the contract with the indirect air carrier 

by the Grantee, the Grantee shall immediately notifY DOT whether it 

intends to continue to maintain its link to the national air transportation 

system through AEAS by finding a new indirect air carrier to provide the 

service described herein for the remainder of this Grant Agreement's fouryear term or to re-enter the traditional EAS program. The Grantee and the 

indirect air carrier will agree to a "hold-in" period while the Grantee or 

DOT secures replacement air service, depending on the Grantee's 

preference to continue the AEAS or revert to basic EAS. 

g. All scheduled flights -P~,rf.oweA ,.under this agreement are to be operated in 

a sterile environment. Passengers and accompanying baggage will be 

screened by the Transportation Security Administration at MD W (or 

alternate hub) and the Manistee County Blacker Airport. At MDW (or 

alternate hub), passengers and accompanying baggage would deplane into 

a sterile tenninal environment. 

h. Subject to the terms set forth in this Grant Agreement, DOT reserves the 

right to terminate the Grant Agreement, and DOT's obligations hereunder, 

on 30 days' prior written notice, unless otherwise agreed between the 

Grantee and DOT, if the Grantee does not meet the conditions and 

obligations specified under this Grant Agreement, and/or DOT determines 

that termination is in the public interest. · 

1. Either party may seek to amend or modifY this Grant Agreement on 

30 days' prior.written notice to the other party. The Grant Agreement will 

be amended or modified ·only on mutual written agreement by both parties. 

j. At any time, on 30 days' prior written notice, DOT may terminate this 

Grant Agreement. 
k. Upon tennination or expiration of this Grant Agreement, DOT will retain 

any remaining unliquidated funds. 

4. Reimbursement 

a Allowable Maximum: All payments by DOT to the Grantee for AEAS at 

the community will be made on a reimbursable basis and shall not exceed 

. $2,328,104 per year, with a monthly maximum of $388,017 to 

accommodate for seasonal demand. 

b. Completed Flight Segments: Such payments shall be based on invoices 

submitted by the grantee documenting completed flights and previously 

agreed upon subsidy ... pl:}r ... f1ight;calculations, based on hub served and great 

circle distance between Manistee Airport (MBL) and the hub. (e.g. MBLMDW, 188 miles x 19 seats x $0.80559 = $2,878 per completed flight) 

·c. During all four years of service, DOT will reimburse the Grantee 

$0.80559 per ASM (Available Seat Mile) flown 

d. Requirements: 

1. To receive reimbursements for completed flight segments, the 

Grantee must first submit to DOT documentary evidence of 

expenditures. DOT will review the documentary evidence of 

expenditures provided by the Grantee and will promptly process 

appropriate reimbursements to the Grantee. 

e. DOT will not reimburse the Grantee for any expenses incurred before the 

execution of this Grant Agreement. 

f. DOT will not reimburse the Grantee for any expenses incurred after the 

expiration or termination of this Grant Agreement. 

g. The Grantee shall ensure that reimbursements provided by DOT are not 

misappropriated or mj$£Jir.!1~t.Y.d".to any other account, need, project, lineitem, or the like. ·· 

h. All requests for reimbursements shall be made by the Grantee within 60 

calendar days of the relevant expenditures. · 

5. Reports: The Grantee shall provide quarterly reports of its expenditures to 

· DOT. The reports shall include the following information (by month): (i) 

number of flights scheduled; (ii) number of flights completed; (iii) nmnber of 

revenue passengers carried (enplanements and deplanements); (iv) total 

revenue; (v) hub airport used and an example of the calculation used for 

calculating subsidy for a recent flight. Quarterly reports are due no later than 

15 calendar days after the close of each quarter (e.g. January 15, Aprill5, July 

15, and October 15). 

6. Grantee Obligations 

a. The Grantee shall, within 15 calendar days after their execution, provide 

DOT with a copy of a!,L,.~&!;~~~~9rts executed between the Grantee and any 

air carriers, or other parties related to the Grantee's ApAS. The Grantee 

shall, within 15 calendar days after execution, also provide DOT with 

notice of any amendment to, or termination of such agreements. The 
c. 

Grantee shall ensure that all agreements entered into with third parties 

regarding this grant are consistent with this Grant Agreement and the 

documents incorporated by reference into the Grant Agreement. 

b. The Grantee shall ensure that the obligations set forth in this Grant 

Agreement are met. Failure to do so may result in termination of the 

Grant Agreement by DOT. 

ASSURANCES 

The Grantee shall execute the attached assurances and certifications (Assurances) 

in conjunction with its signing of this Grant Agreement and shall ensure its 

compliance with these Assurances and any amendments or modifications thereto. 

D. DEFINITIONS 

Agreement: Any written contract or obligation between the Grantee and/or all 

parties identified in the application for AEAS. 

Application or AEAS Application: The complete document submitted by the 

Grantee to DOT in Dockets OST-1996-1711 and 2004-18715, including any 

amendments. 

Indirect air carrier: A DOT approved public charter operator authorized to sell 

air travel directly to the public, that will contract a DOT certified direct air carrier 

that carries an FAA-issued AjJ; .. G?-00.~f·~ertificate for the provision of aircraft and 

associated flight services necessary' to provide air passenger service under this 

agreement. 

Community: All parties identified in the Grant Application as participating in 

AEAS, including the designated Grantee. 

DOT: United States· Department of Transportation. 

Execution of Grant Agreement: Signing of the written Grant Agreement by 

DOT and Grantee. 

Grant Agreement: The written agreement between DOT and the Grantee for 

Alternate EAS, incorporating by reference, except to the extent otherwise 

inconsistent with the terms of the written agreement, the original application filed 

on AprillO, 2014, in Dockets DOT-OST-1996-1711 and DOT-OST-2004-18715, 

including any amendments. . ... , .. ,---····"'t "'i. . ·:·:·~ ..... ',; ··: . . 

Grant Recipient/Grantee: Community receiving Alternate EAS, including the 

Grantee. 

Passenger Seat Flown: The number of seats on the aircraft flown under this 

AEAS Grant Agreement regardless of whether there is a passenger in the seat. 
Party: DOT and/or the Grantee~ as the context indicates . 

.The Alternate Essential Air Service (AEAS) Program: One of Community and 

Regional Choice Programs originally established under Vision 100-The Century 

in Aviation Reauthorization Act:; P:L:'TcfS-176, and codified in 49 U.S.C. 41745. 

Grantee Obligations: Material responsibilities of the Grantee under this Grant 

Agreement and those documents incorporated by reference into the Grant 

Agreement as set forth above (Definition of Grant Agreement). 

Grantee: The designated representative to administer and oversee 

· implementation of the Grant Agreement and fulfillment of the authorized 

Alternate EAS. 
This Grant Award and Agreement is made in accordance with 49 U.S.C. §§ 41731 and 

41745 and is subject to the terms and conditions arid the Assurances attached hereto and 

incorporated herein. · 

Executed this !Jr?J;J day of July, 2014. 

(SEAL) United~rtation 

By: --f~-----==-----.:~...--___ _ Susan L. Kurland 

Assistant Secretary 

for Aviation and International Affairs ./\' { t·, -~."t::'1. ,,:.· .. :,-· . . ;.; .. 

ACCEPTANCE 

The undersigned Grantee agrees to accomplish Alternate Essential Air Service in 

compliance with the terms and conditions ofthis Grant Agreement and the Assurances 

attached hereto and incorporated herein. 

Executed this. 2 lf+A.. day of July . 

(SEAL) 

'2014. 

Manistee Blacker Airport Authority 

Manistee, Michigan 

Printed Name 

Title 

Attest: _.::::::'&MfJ=-=-.:;.;"~+-.ttJ=·~----­

Title: A,~r.Porl /)/'redo t* 

• 

. ~· .. . ··. ' 
GRANT ASSURANCES 

TITLE VI ASSURANCE 

(Implementing Title VI of the Civil Rights Act of 1964, as amended) 

ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLY -ASSISTED 

PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL 

FINANCIAL ASSISTANCE 

(Implementing the Rehabilitation Act of 1973, as amended, and the Americans With Disabilities 

Act, as amended) 

49 C.F.R. Parts 21, 25, 27, 37 and 38 

T~e United States Department of Transportation {USDOT) 

Standard Title VI/Non-Discrimination Assurances 

DOT Order No. 1050.2A 

By signing and submitting the Grant Application and by entering into the Grant Agreement 

under the Alternate Essential Air Service Program (AEAS), the Grantee (also herein referred to 

as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal 

financial assistance from the U.S. Department of Transportation (DOT), the Grantee is subject to 

and will comply with the following: 

StatutoryiR.egulatory Authorities 

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 Stat. 252), 

(prohibits discrimination on the basis of race, color, national origin); 

• 49 C.F .R. Part 21 (entitled Non'41isdflfhiNa'ilon In Federally-Assisted Programs OJThe 

Department OJ Transportation-Effectuation Of Title VI OfThe Civil Rights Act Of 

1964); 

• 28 C.P.R. Section 50.3 (U.S. Department of Justice Guidelines for Enforcement ofTitle 

VI of the Civil Rights Act of 1964); 

The preceding statutory and regulatory cites hereinafter ate referred to as the "Acts" and 

"Regulations," respectively. 
General Assurances 

In accordance with the Acts, the Regulations, ·and other pertinent directives, circulars; policy, 

memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any 

measures necessary to ensure that: 

"No person in the United States shall, on the grounds of race, color, or national 

origin, be excluded from participation in, be denied the benefits of, or be otherwise 

subjected to discrimination under any program or activity, "for which the 

Recipient receives Federal financial assistance from DOt 

The Civil Rights Restoration Act of 1987 clarified. the original intent of Congress, with respect to 

Title VI and other Non-discrimination reqliiremehis tThe Age Discrimination Act of 1975, and 

Section 504 ofthe Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope 

and coverage of these non-discrimination statutes and requirements to include all programs and 

activities of the Recipient, so long as any portion of the program is Federally assisted. 

Specific Assurances 

More specifically, and without limiting the above general Assurance, the Recipient agrees with 

and gives the following Assu~ances with respect to its Federally assisted AEAS Program: 

I. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23 

(b) and 2L23 (e) of 49 C.P.R. § 21 will be (with regard to an "activity';) facilitated, or 

will be (with regard to a "facility") operated, or will be (with regard to a "program") 

conducted in compliance with all requirements imposed by, or pursuant to the Acts and 

the Regulations. 

2. The Recipient will insert the follqwjQg p.qtif),<;ation in all solicitations for bids, Requests 

For Proposals for work, or materiai"'suSJect to the Acts and the Regulations made in 

connection with the AEAS Program and, in adapted form, in all proposals for negotiated 

agreements regardless of funding source: · 

"The· Grantee, in accordance with the provisions ofTitle VI of the Civil Rights 

Act of 1964 (78 Stat. 252, 42 U.S. C. §§ 2000d to 2000d-4) and the Regulations, 

hereby notifies all. bidders that it will affirmatively ensure that any contract 

entered into pursuant to this advertisement, disadvantaged business enterprises 

will be afforded full and fair opportunity to submit bids in response to this 

invitation and will not be discriminated against on the grounds of race, color, or 

national origin in consideration/or an award" 

3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every 

contract or agreement subject to the Acts and the Regulations. 

4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant · 

running with the land, in any de~g.;fmm,the:·Bnited States effecting or recording a transfer 
of real property, structures, use, or improvements thereon or interest therein to a 

Recipient. 

5. That where the Recipient receives Federal financial assistance to construct a facility, or 

part of a facility, the Assurance will extend to the entire facility and facilities operated in 

connection therewith. 

6. That where the Recipient receives Federal financial assistance in the form, or for the 

acquisition of real property or an interest itl ~eal property, the Assurance will extend to 

rights to space on, over, or undef·siicffp¥6~~rty. 

7. That the Recipient will include the Clauses set forth in Appendix C and Appendix D of 

this Assurance, as a covenant running with the land, in any future deed~, leases, licenses, 

permits, or similar instruments entered into by the Recipient with other parties: 

a. for 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. 

8. That this Assurance obligates the Recipient for the period during which Federal financial 

assistance is extended to the program, except where the Federal financial assistance is to 

provide, or is in the form of, personal property, or real property, or interest therein, or 

structures or improvements thereon, in which case the Assurance obligates the Recipient, 

or any transferee for the longer of the following periods: 

~-J· ... ~ .. n: ::.f-*,rt; .. d.':_c; -~·-_,. . 

a. the period during which the property· is used for a purpose for which the Federal 

.financial assistance is extended, or for another purpose involving the provision of 

similar services or benefits; or 

b. the period during which the Recipient retains ownership or possession of the 

property. 

9. The Recipient will provide for such methods of administration for the program as are 

found by the Secretary of Transportation or the official to whom he/she delegates specific 

authority to give reasonable guarantee that it, other recipients, sub-recipients, subgrantees, contractors, subcontractors, consultants, transferees, successors in interest, and 

other participants ofFederal financial assistance under such program will comply with all 

requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 

10. The Recipient agrees that the United States has a right to seek judicial enforcement with 

regard to any matter arising under the Acts, the Regulations, and this Assurance. 

By signing this ASSURANCE, the Gta.nt~-~:-~Js.o:-agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all 

applicable provisions governing DOT's access to records, accounts, documents, information, 

facilities, and staff. You also recognize that you must comply with any program or compliance 
reviews, and/or complaint investigations conducted by DOT. You must keep records, reports, 

and submit the material for review upon request to DOT, or its designee in a timely, complete, 

and accurate way. Additionally, you must comply with all other reporting, data collection, and 

evaluation requirements, as prescribed by law or detailed in program guidance. 

The Grantee gives this ASSURANCE iQ ,9,9-r:t.~i,<jMr.l!:tion of and for obtaining any Federal grants, 

loans, contracts, agreements, property, a:i1d/or'dlscounts, or other Federal-aid and Federal 

financial assistance extended after the date hereof to the recipients by the U.S. Department of 

Transportation under the AEAS program. This ASSURANCE is binding on the Grantee, other 

recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors, 

transferees, successors in interest, and any other participants in the AEAS Program. 

APPENDIX A 

During the performance of this contract, the contractor, for itself, its assignees, and successors in 

interest (hereinafter referred to as the "contractor") agrees as follows: 

1. Compliance with Regulations: The contractor (hereinafter includes consultants) will . 

comply with the Acts and the Regulations relative to Non-discrimination in Federallyassisted programs of the U.S. Department of Transportation, as they may be amended 

from time to time, which are herein incorporated by reference and made a part of this 

contract. 

2. Non-discrimination: The contractor, with regard to the work performed by it during the 

contract, will not discriminate on the grounds of race, color, or national origin i~ the 

selection and retention of subcontractors, including procurements of materials and leases of 

equipment. The contractor will not participate directly or indirectly in the discrimination 

prohibited by the Acts and the Regulations, including employment practices when the 

contract covers any activity, project, or program set forth in Appendix B of49 C.P.R. Part 

21. 

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: 

In all solicitations, either by competitive bidding, or negotiation made by the contractor for 

work to be performed under a subcontract, including procurements of materials, or leases 

of equipment, each potential subcontractor or supplier will be notified by the contractor of 

the contractor's obligations under this contract and the Acts and the Regulations relative to 

Non-discrimination on the grounds of race, color, or national origin.· 

4. Information and Reports: The contractor will provide all information and reports 

required by the Acts, the Regulatiohs}ll:fntlf1

tlit'ectives issued pursuant thereto and will 

permit access to its books, records, accounts, other sources of information and its facilities 

as may be determined by the Recipient or DOT to be pertinent to ascertain compliance 

with such Acts, Regulations, and instructions. Where any information required of a 

contractor is in the exclusive possession of another who fails or refuses to furnish the 

information, the contractor will so certify to the Recipient or DOT, as appropriate, and will 

set forth what efforts it has made to obtain the information. 
5. · Sanctions for Noncompliance: In the event of a contractor's noncompliance with the 

Non-discrimination provisions of this contract, the Recipient will impose such contract 

sanctions as it or DOT may determintMct1oe'appropriate, including, but not limited to: 

a. withholding payments to the contractor under the contract until the contractor 

complies; and/or · 

b. cancelling, terminating, or suspending a contract, in whole or in part. 

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs 

one through six in every subcontract, including procurements of materials and leases of 

equipment, unless exempt by the Acts, the Regulations and directives issued pursuant 

thereto. The contractor will take action with respect to any subcontract or procurement as 

·the Recipient or DOT may direct as a means of enforcing such provisions including 

sanctions for noncompliance. Provided, that if the contractor becomesinvolved in, or is 

threatened with litigation by a subcontractor, or supplier because of such direction, the 

contractor may request the Recipient to enter into any litigation to protect the interests of 

the Recipient. In addition, the contractor may request the United States to enter into the 

litigation to protect the interests of the United States. 

'lrfWJ:l:PEN.rWx B 

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY 

The following clauses will be included in deeds effecting or recording the transfer of real property, 

structures, or improvements thereon, or granting interest therein from the United States pursuant to 

the provisions of Assurance 4: 

NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the 

condition that the Grantee will accept title to the lands and maintain the project constructed 

thereon in accordance with and in compliance with all requirements imposed by Title 49. Code of 

Federal Regulations, U.S. Department ofTransportation, Subtitle A, Office ofthe Secretary, Part 

21, Non-discrimination in Federally-assisted programs of the U.S Department of Transportation 

pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat 

252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the 

Grantee all the right, title and interest of the U.S. Department of Transportation in and to said 

lands described in Exhibit A attached 4?~f~~P,.&U~ ~ade a part hereof~ 

(HABENDUM CLAUSE) 

TO HAVE AND TO HOLD said lands and interests therein unto Grantee and its successors 

forever, subject, however, to the covenants, conditions, restrictions and reservations herein 

contained as follows, which will remain in effect for the period during which the real property or 

structures are used for a purpose for which-Federal financial assistance is extended or for another 

purpose involving the provision of similar services or benefits and will be binding on the Grantee, 

its successors and assigns. · 
The Grantee, in consideration of the conveyance of said lands and interests in lands, does hereby 

covenant and agree as a covenant running'iwith:iffl.e'Ia:nd for itself, its successors and assigns, that 

(1) no person will on the grounds of race, color, or national origin, be excluded from participation 

in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility 

located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the 

Grantee will use the lands and interests in lands and interests in lands so conveyed, in compliance 

with all requirements imposed by or pursua,nt to Title 49, Code of Federal Regulations, U.S. 

Department ofTransportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in 

Federally-assisted programs of the U.S. Department of Transportation, Effectuation ofTitle VI of 

the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in 

the event of breach of any of the above-mentioned non-discrimination conditions, the Department 

will have a right to enter or re-enter said lands and facilities on said land, and that above described 

land and facilities will thereon revert to and vest in and become the absolute property ofthe U.S. 

Department ofTransportation and its assigns as such interest existed prior to this instruction].* 

(*Reverter clause and related language to be used only when it is determined that such a clause is 

necessary in order to make clear the purpose of Title VI.) 

CLAUSES FOR TRANSFER OF REA-L PROPERTY ACQUIRED OR IMPROVED 

UNDER THE ACTIVITY, FACILITY, OR PROGRAM 

The following clauses will be included in deeds, licenses, leases, permits, or similar instruments 

entered into by the Grantee pursuant to the provisions of Assurance 7(a): 

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, 

personal representatives, successors in interest, and assigns, as a part of the consideration 

hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant 

running with the land"] that: 

1. In the event facilities are constructed, maintained, or otherwise operated on the 

property described in this (deed, license, lease, permit, etc.) for a purpose for which a 

U.S. Department ofTranspo~~ig.~i.~?l~Y:iW, ~ac.ility, or program is extended or for 

another purpose involving the provtstori of s1milar servtces or benefits, the (grantee, 

licensee, lessee, permittee, etc.) will maintain and operate such facilities and services 

in compliance with all requirements imposed by the Acts and Regulations (as may be 

amended) such that no person on the grounds ofrace, color, or national origin, will be 

excluded from participation in, denied the benefits of, or be otherwise subjected to 

discrimination in the use of said facilities. 

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, Grantee will have the right to terminate the (lease, license, permit, 

etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same 

as ifthe (lease, license, permit, etc.) had never been made or issued.* 
C. With respect to a deed~ in the event ofbreach of any of the above Non-discrimination 

covenants, the Grantee will have the right to enter or re-enter the lands and facilities thereon, 

and the above described lands and facilities will there upon revert to and vest in and become 

the absolute property ofthe Grantee and its assigns.* 

(*Reverter clause and related language to be used only when it is determined that such a clause is 

necessary to make clear the purpose of Title VI.) 

APPENDIXD 

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED 

UNDER THE ACTIVITY, FACILITY OR PROGRAM 

The following clauses will be included inA$1~4~~,.Jj:censes, permits, or similar . 

instruments/agreements entered into by Grantee pursuant to the provisions of Assurance 7(b ): 

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, 

personal representatives, successors in interest, and assigns, as a part of the consideration 

hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant 

running with the land") that (1) no person on the ground ofrace, color, or national origin, 

will be excluded from participation in, denied the benefits of, or be otherwise subjected to 

discrimination in the use of said facilities, (2) that in the construction of any improvements 

on, over, or under such land, and the furnishing of services thereon, no person on the ground 

of race, color, or national origin, will be excluded from participation in, denied the benefits 

of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, 

permittee, ·etc.) will use the premises in compliance with all other requirements imposed by 

or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. 

B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above 

Non-discrimination covenants, Grantee will have the right to terminate the (license, permit, 

etc., as appropriate) and to enter or re:-el'\t~r,;:artd;,repossess sajd land and the facilities thereon, 

and hold the same as if said (license, permit, etc., as appropriate) had never been made or 

issued.* 

C. With respect to deeds, in the event of breach of any of the above Non-discrimination 

covenants, Grantee will there upon revert to and vest in and become the absolute property of 

Grantee and its assigns.* 

(*Reverter clause and related language to be used only when it is determined that such a clause is 

necessary to make clear the purpose of Title VI.) 
APPENDIXE 

During the performance of this contract, the contractor, for itself, its assignees, and successors in 

interest (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: 

Pertinent Non-Discrimination Authorities: 

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 Stat. 252), 

(prohibits discrimination on the basis of race, color, national origin); and 49 C.P.R. Part 

21. 

• The Uniform Relocation Assistarice;and':R~al' Property Acquisition Policies Act of 1970, 

(42 U.S.C. § 4601), (prohibits unfair treatment ofpersons displaced or whose property 

has been acquired because of Federal or Federal-aid programs and projects); 

• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on 

the basis of sex); 

• Section 504 ofthe Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, 

(prohibits discrimination on the basis of disability); and 49 C.P.R. Part 27; 

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits 

discrimination on the basis of age); 

• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as 

amended, (prohibits discrimination based· on race, creed, color, national origin, or sex, 

and is in addition to Title VI of the Civil Rights Act of 1964); 

• The Civil Rights Restoration Act of 1987, (PL 1 00-259), (Broadened the scope, coverage 

and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act 

of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of 

the terms "programs or activities" to include all of the programs or activities of the 

Federal-aid recipjents, sub-recip~¥n:ts.\wotcontractors, whether such programs or activities 

are Federally funded or not); 

• Titles II and III ofthe Americans with Disabilities Act, which prohibit 9iscrimination on 

the basis of disability in the operation of public entities, public and private transportation 

systems, places ofpublic accommodation, and certain testing entities (42 U.S.C. §§ 

12131 -12189) as implemented by Department ofTransportation regulations at 49 

C.P.R. Parts 37 and 38; 

• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) 

(prohibits discrimination on the basis of race, co"lor, national origin, and sex); 

• Executive Order 12898, as amended by Executive Order 12948, Federal Actions to 

Address Environmental Justice in Minority Populations and Low-Income Populations, 

which ensures discrimination against minority populations by discouraging programs, 

policies, and activities with disproportionately high and adverse human health or 

environmental effects on minority and low-income populations; 

• Executive Order 13166, Improving Access to Services for Persons with Limited English 

Proficiency, and resulting agency guidance, national origin discrimination includes 

discrimination because of limited English.proficiency (LEP). To ensure compliance with 

Title VI, you must take reasonabieo.:.r§tetys~ttfg~~ure that LEP persons have meaningful 

access to your programs (70 Fed. Reg. at 74087 to 74100); 
• Title IX of the Education Amendments of I 972, as amended, which prohibits you from 

discriminating because of sex in education programs or activities (20 U.S .C. § 168 I et 

seq). 
UNITED STATES OF AMERICA . 

DEPARTMENT OF TRANSPORTATION 

OFNCEOFTHESECRETARY 

OFFICE OF AVIATION ANALYSIS 

CERTIFICATION REGARDING INFLUENCING ACTIVITIES 

Certification for Contracts, Grants, Loans, 

and Cooperative Agreements 

The undersigned certifies, to the best of his or her knowledge and belief, that: 

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the 

undersigned, to any person for influencing or attempting to influence an officer or employee of any 

agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member 

of Congress in connection with the awarding of any Federal contract, the making of any Federal 

grant, the making of any Federal loan, the entering into of any cooperative agreement, and tl)e 

extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, 

or cooperative agreement. 

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person 

for influencing or attempting to influence an officer or employee of any agency, a Member of 

Congress, an officer or employee of Congress, or an employee of a Member of Congress in 

connection with this Federal contract, grant;-'I,dail.;'or cooperative agreement, the undersigned shall 

complete and submit Standard Form-LLL, "Disclosure Form to Report Influencing Activities," in 

accordance with its instructions. 

(3) The undersigned shall require that the language of this certification be included in the award 

documents for aU subawards at all tiers {including subcontracts, subgrants, and contracts under 

grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose 

accordingly. · 

This certification is a material representation of fact upon which reliance was placed when this 

transaction was made or entered into. Submission of this certification is a prerequisite for making 

or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who 

fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and 

not more than $100,000 for each such failure. 

Signature Date 

C { q( r fl er=f.u"' 

Title I . 

M.tVtJ.sfce A/ackr flirpo~"t Au:fkr/ty 

Grant Recipient 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE O~.THE, SECRETARY 

OFFICE OF 'A.~fA:TibNANALYSIS 

CERTIFICATION REGARDJNG DRUG-FREE WORKPLACE REQUIREMENTS 

1N THE PERFORMANCE OF ALTERNATE ESSENTIAL AIR SERVICE PROGRAM PURSUANT TO GRANT 

AWARD UNDER THE ALTERNATE ESSENTIAL AIR SERVICE PROGRAM 

A. The grant recipient certifies that it will, or will continue, to provide a drug-free workplace by: 

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or 

use of a controlled substance is prohibited in the grant recipient's workplace, and specifying the actions that will be taken 

against employees for violation of such prohibition; 

(b) Establishing an ongoing drug-free awareness program to inform employees about--

(1) The dangers of drug abuse in the workplace; 

(2) The grant recipient's policy of maintaining a drug-free workplace; 

(3) Any available drug counseling, rehabilitation, and employee assistance programs; and 

( 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 

(c) Making it a requirement that each employee to be engaged in the performance of work supported by the grant award 

be given a copy of the statement required by paragraph (a); 

(d) NotifYing the employee in the statement required by paragraph (a) that, as a condition of employment supported by 

the grant award, the employee will-- ·: .. 11 ~~ :;o~;~';.i '.'r,:··· 

(I) Abide by the terms of the statement; and 

(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the 

workplace no later than five calendar days after such conviction; 

(e) NotifYing the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an 

employee or otherwise receiving actual notice of conviction. Employers of convicted employees must provide notice, 

including position title, to the Office of Aviation Analysis. Notice shall include the order number of the grant award; 

{f) Taking one of the following actions, within 30 days of receiving notice under paragraph ( d)(2), with respect to any 

employee who is so convicted--

(!) Taking appropriate personnel action against such an employee, up to and including termination, consistent with 

the requirements ofthe Rehabilitation Act of 1973, as amended, or 

(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program 

approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; 

(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), 

(b), (c), {d), (e) and (f). 

B. The grant recipient may, but is not required to, insert in the space provided below the site for the performance of work 

done in connection with the specific grant 

Places ofPerformance (street address, city, county, state, zip code). For the provision of air service pursuant to the grant 

award, workplaces include outstations, maintenance sites,_~e~qgu!i.q((rs office locations, training sites and any other worksites 

where work is performed that is supported by the grant a\.;·iafd: :. ,,.,. .:.,, .. 

Check [ ] if there are workplaces on file that are not identified here. 

Grant 4.;~£2- Recipient ignature Date 
OFFICE OF THE SECRETARY OF TRANSPORTATION 

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER 

RESPONSIBILITY MATTERS-- PRIMARY COVERED TRANSACTIONS 

2 C.F.R. Part 1200, 2 C.F.R. Part 180 

Instructions for Certification 

1. By entering in the AEAS Grant Agreement and signing below, the Sponsor is providing the 

assurance and certification set out below. 

2. The inability of a person to provide the certification required below will not necessarily result 

in denial of participation in this covered transaction. The Sponsor shall submit an explanation of 

why it cannot provide the certification set out below. The certification or explanation wiii be 

considered in connection with the department or agency's determination whether to enter into 

this transaction. However, failure of the Sponsor to furnish a certification or an explanation shall 

disqualify such person from participatio~jnJhis; transaction. 

3. The certification in this clause is a material representation of fact upon which reliance was 

placed when the department or agency determined to enter into this transaction. If it is later 

determined that the Sponsor knowingly rendered an erroneous certification, in addition to other 

remedies available to the Federal Government, the department or agency may terminate this 

transaction for cause or default. 

4·. The Sponsor shall provide immediate written notice to the department or agency to which this 

proposal is submitted if at any time the Sponsor learns that its certification was erroneous when 

submitted or has become erroneous by reason of changed circumstances. 

5. The tenns covered transaction, debarred, suspended, ineligible, lower tier covered transaction, 

participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as 

used in this clause, have the meanings set out in the Definitions and Coverage sections of the 

rules implementing Executive Order 12549. You may contact the department or agency to which 

this proposal is being submitted for assistance in obtaining a copy of those regulations. 

6. The Sponsor agrees that it shall not knowingly enter into any lower tier covered transaction 

with a person who is proposed for debarm.e.P:h1qebarred, suspended, declared ineligible, or 

voluntarily excluded from participation in this covered transaction pursuant to 2 C.F.R. Parts 180 

or 1200 or 48 C.P.R. Part 9, Subpart 9.4, unless authorized by the department or agency entering 

into this transaction. 

7. The Sponsor further agrees that it will include the clause titled "Certification Regarding 

Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered 

Transaction," available from the department or agency entering into this covered transaction, 

without modification, in all lower tier covered transactions and in all solicitations for lower tier 

covered transactions. 

8. A participant in a covered transaction may rely upon a certification of a prospective participant 

in a lower tier covered transaction that it is not proposed for debarment, debarred, suspended, 

ineligible, or voluntarily excluded from the covered transaction pursuant to 2 C.F .R. Parts 180 or 

1200 or 48 C.F .R. Part.9, Subpart 9.4, unless it knows that the certification is erroneous. A 

participant may decide the method and frequency by which it determines the eligibility of its 
principals. Each participant may, but is not required to, check the List of Parties Excluded from 

Federal Procurement and Non-procurement Programs. 

9. Nothing contained in the foregoing shall be construed to require establishment of a system of 

records in order to render in good faith the certification required by this clause. The knowledge 

and information of a participant is not required to exceed that which is normally possessed by a 

prudent person in the ordinary course of business dealings. 

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in 

a covered transaction knowingly enters into a lower tier covered transaction with a person who is 

proposed for debarment, suspended, debarred, ineligible, or voluntarily excluded from · 

participation in this transaction pursuant to 2 C.F .R. Parts 180 or 1200 or 48 C.F .R. Part 9, 

Subpart 9.4, in addition to other remedies available to the Federal Government, the department 

or agency may terminate this transaction fqr cau$e..pr, default. ~--..':. :-:'!.} !... q·_,.r.,~,, .. t:l-lt"·!) 

Certification Regarding Debarment, Suspension, and Other Responsibility Matters -

Primary Covered Transactions 

(1) The Sponsor certifies to the best of its knowledge and belief, that it and its principals: 

(a) Are not presently debarred, suspended, proposed for debannent, declared ineligible, or 

voluntarily excluded by any Federal department or agency; 

(b) Have not within a three-year period preceding this Grant Agreement been convicted of or had 

a civil judgment rendered against them for commission of fraud or a criminal offense in 

connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) 

transaction or contract under a public transaction; violation of Federal or State antitrust statutes 

or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, 

making false statements, or receiving stolen property; 

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental 

entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 

(l)(b) ofthis certification; and 

(d) Have not within a three-year period'pr~ceH1ng.'this Grant Agreement had one or more public 

transactions (Federal, State or local) terminated for cause ordefault. 

(2) Where the Sponsor is unable to certify to any of the statements in this certification, such 

Sponsor shall attach an explanation to this proposal. 

e~ ll1~ lllader Aiq?<rlAuifort*J 

Name Affiliation 

I . Title Date 
OFFICE OF THE SECRETARY OF TRANSPORTATION 

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 

INELIGffiiLITY AND VOLUNTARY EXCLUSION.:... LOWER TIER COVERED 

TRANSACTIONS 

Instructio~s for Certification 

1. By entering into the AEAS Grant Agreement and signing below, the Sponsor is 

providing the assurance and certification set out below. 

2. The certification required by a prospective lower tier participant is a material 

representation of fact upon which reHa:nce':is placed when a transaction is entered into. If 

it is later determined that the prospective lower tier participant knowingly rendered an 

erroneous certification, in addition to other remedies available to the Federal Government 

the department or agency with which this transaction originated may pursue available 

remedies, including suspension and/or debarment. 

3. The prospective lower tier participant shall provide immediate written notice to the 

person to which the certification is submitted ir"at any time the prospective lower tier 

participant learns that its certification was erroneous when submitted or had become 

erroneous by reason of changed circumstances. 

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered 

transaction, participant, person, primary covered transaction, principal, proposal, and 

voluntarily excluded, as used in this clause, have the meaning set out in the Definitions 

and Coverage sections of rules implementing Executive· Order 12549. You may contact 

the person to which this proposal is submitted for assistance in obtaining a copy of those 

regulations. 

5. The prospective lower tierparticiJ?.fH1HPi!lt~gree that, should the proposed covered 

transaction be entered into, it shall not knowingly enter into any lower tier covered 

transaction with a person who is proposed for debarment, debarred, suspended, declared 

ineligible, or voluntarily excluded from participation in this covered transaction pursu~t 

to 2 C.F .R. Parts 180 or 1200 or 48 C.P.R. Part 9, Subpart 9.4, unless authorized by the 

department or agency with which this transaction originated. 

6. The prospective lower tier participant shall further agree that it will include this clause 

titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary 

Exclusion-- Lower Tier Covered Transaction," without modification, in all lower tier 

covered transactions and in all solicitations for lower tier covered transactions. 

7. A participant in a covered transactio.n may rely upon a certification of a prospective 

participant in a lower tier covered transaction that it is not proposed for debarment, 

debarred, suspended, declared ineligible, or voluntarily excluded from participation in the 

covered transaction pursuant to 2 C.P.R. Parts 180 or 1200 or 48 C.P.R. Part 9, Subpart 

9.4, unless it knows that the certification is erroneous. A participant may decide the 

method and frequency by which it determines the eligibility of its principals. Each 

participant may, but is not required tQ;I.qhe..<?ki.tJaelListofParties Excluded from Federal 

Procurement and Non-procurement Programs. 
8. Nothing contained in the foregoing shall be construed to require establishment of a 

system of records in order to render in good faith the certification required by this clause. 

The knowledge and information of a participant is not required to exceed that which is 

normally possessed by a prudent person in the ordinary course of business dealings. 

9. Except for transactions authorized under paragraph 5 of these instructions, if a 

participant in a covered transaction knowingly enters into a lower tier covered transaction 

with a person who is proposed for debarment; debarred, suspended, declared ineligible, or 

voluntarily excluded :from participationJmthe·C'dvered transaction pursuant to 2 C.P.R. 

Parts 180 or 1200 or48 C.P.R. Part 9, Subpart 9.4, in addition to other remedies available 

to the Federal Government, the department or agency with which this transaction 

originated may pursue available remedies, including suspension and/or debarment. 

Certification Regarding Debarment, Suspension, Ineligibility an Voluntary 

Exclusion - Lower Tier Covered Transactions 

By entering into the AEAS Grant Agreement and signing below, the Sponsor is providing 

the assurance set forth in paragraphs (1) and (2) below. 

(I) The Sponsor shall ensure that any prospective lower tier participant certifies that 

neither it nor its principals is presently debarred, suspended, proposed for debarment, 

declared ineligible, or voluntarily excluded from participation in the Grant Project by any 

Federal department or agency. 

(2) Where the prospective lower tier participant is unable to certify to any of the 

statements in the certification, the Sponsor shall ensure that such lower tier prospective 

participant attaches an explanation to the certification. ·····);;<.<i;··••'';l,l'•':>i'rt-f.·;.'"" ::J '···'-··-'-'". ' ;-74~LJ / ' 

Name 

Title 1