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

## OoT- oST--- 

## 2oot+- (87(5

GRANTAGREEMENTBETWEENTBE U.S. DEPARTMENT OFTRANSPORTATION AND THE MANISTEE BLACKERAIRPORT AUTHORITY, IN ASSOCIATION WITH THE

## CQMMJJNI:r"Y OFMANISTEE/LUDINGTqN, MICIDGAN, UNDER THE ALTERNATE ESSENTIAL AIR SERVICE PROGRAM
WHEREAS, the Manistee Blacker Aii]Jort Authority (hereinafterreferred to asthe Grantee). in association with the Essential Air Service (EAS) eligible community of Manistee/Ludington, Michigan, has submitted an application for participation inthe 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 ·Agreementto the Grantee for $9,312,416 for Alternate Essential Air Service atthe community for a four-year term, and inthe amount of$2,328,104per year, subjecttothe availability offunds. Unless otherwise defined in this Grant Agreement, capitalized terms shall have the meanings assigned to suchterms in Section D hereof.

THIS GRANT AWARD AND**AG~EJV.l¥NT** IS MADE 

### ON AND SUBJECTTO 

### THE FOLLOWING TERMS AND.,C.ONDITiONS:
A. GENERAL CONDITIONS

I. The eligibility ofManistee/Ludington, Michigan, under the AEAS Program, shall be contingent upon its continuing to meet all ofthe eligibility criteria for inclusion inthe EAS Program as defined by49 U.S.G. §§ 41731-42. 2. The Grantee, in association with the community ofManistee/Ludington, Michigan, will forgo participation in the traditional EAS Program for a fouryearperiod, beginning July 26, 2014, through July 3I, 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 transportationto Chicago Midway International Airport (MDW), or alternate large ormedium hub aii]Jort designated bythe community. 4. The maximum**obligatio~~p£,,t:M*"';V,;git~d** States reimbursable underthis Grant Agreement shall be $9,312,416, and in the amount of$2,328,104 peryear, subject to the availability offunds. 5. Payment bytheUnited States for AEAS will be made pursuantto andin accordance with the provisions ofsuch regulations and procedures as DOT mayprescribe. 6. The Grantee, including any third parties, shall provide AEAS without undue delays and in accordance with the terms hereofand pursuantto any regulations and procedures as DOT may prescribe. 7. This Grant Award constitutes an obligation ofFederal funding, inthe amount of$2,328,104 per year, subject to the availability offunding. This GrantAward shall expire and**tl)~,":~J)Mt~9J)~tates** shall notbe obligatedto reimburse anypart ofthe costs of

### the projectunless the ·Grantee signs this Grant Agreement on orbefore

### July 25, 2014, or such subsequent date as may be prescribed 

### in writing by DOT. Ifthe Grantee makes any substantive changes to this Grant Agreement, such changes shallconstitute proposed amendments tothis Grant Award and Agreement and further action on the partofDOT is required 

### in order for DOTto accept such proposed amendments tothe initial Grant Award obligation. 8. The Grantee shall take all steps, including litigation, ifnecessary, to recover Federal funds when DOT determines, after consultation withthe Grantee, that such funds have been spent :fraudulently, wastefully, or in violation ofFederal laws, ormisused in any manner in any project upon which Federal funds have been expended. For the purposes ofthis 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 relevantto the Grant Award and Agreement for a period**o(s,~v~fi y.~,~$**  after air service undertaken pursuant to**:-~:--~·f.1"t,!<·~~·,,:•.}<-·** '" •... the GrantAgreement and**req~ipt** offmal reimbursement from the U.S. Treasury, whichever is later. Itshall furnish DOT, uponrequest, all documents and records pertaining to the determination ofthe amount ofthe Federal funds or to any settlement, litigation, negotiation, orotherefforts takento recover such funds. All settlements or other final positions ofthe Grantee, in court or otherwise, involving the recovery ofsuch 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, orbe incident to, compliance with this Grant Agreement. 11. The Grantee shall ensure compliance with Federal regulations requiring conduct ofa Federally-approved audit ofany expenditure offunds of $500,000 ormore in a year inFederal awards. 12. The provisions of49 CFR Part 18, including Section 18.36 (DOT's procurement standards for grants), will apply to the extentthatthe Grantee procures property and servi<::es 

### in£W.Ding out AEAS.

· ,;-··.**·.~·~;, ~-;·** **·;.t~;~.r~ ~'.:** **·~·:~-~,(.** 

### B. APPLICATION OFSPECIFIC CONDITIONS

1. Grantee: The Manistee BlackerAirport Aq.thority, as the Grantee underthe 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) 723-4351Fax: (231) 723-8814 Email: manisteeairport@gmail.com

2. Purpose: For the Grantee to contract With a Part 380 indirect aircarrierto provide scheduledpublic charter air transportation from the Communityto ·Chicago Midway International Airport (MDW), or alternate large·ormedium hub airport designated by the community. The Grant Award will comprise reimbursement ofcosts 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-seatBAE Jetstream 31, or equivalent twin-engine aircraft conducting**~egularly** scheduled public**ch~er**

### flights•.-,. b. Equivalent service with substitute aircraft in the event ofmechanical problems or other unforeseen circumstances is acceptable.
c. Subsidy is to be calculated at $0.80559 per ASM (Available SeatMile) d. Downline or upline service is permitted.
e. Service levels mayfluctuate to reflect seasonal changes in demand and to provide greater frequency thanplanned. f. Inthe event ofearly termination ofthe contract withthe indirect 

### air carrier bythe Grantee, the Grantee shall immediatelynotifY DOTwhetherit intends to continue to maintain its linkto the national air transportation system through AEAS by finding a newindirect air carrier to provide the service described herein for the remainder ofthis Grant Agreement's fouryearterm or to re-enter the traditional EAS program. The Grantee andthe indirect air carrier will agree to a "hold-in" period while the Grantee or DOT secures replacement air service, depending onthe Grantee's preference to continue the AEAS orrevert 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 screenedbythe Transportation Security Administration atMDW (or alternate hub) and the Manistee County BlackerAirport. At MDW (or alternate hub), passengers and accompanying baggage would deplane into
a sterile tenninal environment. h. Subject to the terms set forth inthis Grant Agreement, DOTreserves the rightto terminate the Grant Agreement, and DOT's obligations hereunder,
on 30 days' prior written notice, unless otherwise agreed betweenthe Grantee and DOT, ifthe Grantee does notmeetthe conditions and obligations specified under this Grant Agreement, and/or DOT determines thattermination is in the public interest. · 1. Either party may seekto amend or modifY this Grant Agreement on 30 days' prior.written notice to the other party. The Grant Agreement will be amended ormodified ·only onmutual written agreementby both parties. j. At any time, on 30 days' prior written notice, DOT mayterminate this GrantAgreement.

### k. Upon tennination or expiration ofthis Grant Agreement, DOTwill retain any remainingunliquidated funds.

4. Reimbursement 

### a Allowable Maximum: All paymentsby DOTto the Grantee for AEAS at the community

### will be made on a reimbursable basis and shall not exceed

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

accommodate for seasonal demand. b. Completed Flight Segments: Such payments shall bebased on invoices submitted bythe 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 ofservice, DOT will reimburse the Grantee $0.80559 per ASM (Available SeatMile) flown d. Requirements:
1. To receive reimbursements for completed flight segments, the Grantee must first submit to DOT documentary evidence of expenditures. DOTwill reviewthe documentary evidence of expenditures provided by the Grantee and will promptlyprocess appropriate reimbursements to the Grantee.
e. DOT will notreimburse the Grantee for any expenses incurred beforethe execution ofthis Grant Agreement. f. DOT will notreimburse the Grantee for any expenses incurred after the expiration or termination ofthis Grant Agreement. g. The Grantee shall ensure that reimbursements provided byDOT are not misappropriated or**mj$£Jir.!1~t.Y.d".to** any other account, need, project, lineitem, orthe like. ·· h. All requests for reimbursements shall bemade by the Grantee 

### within 60 calendar days ofthe relevant expenditures. ·
5. Reports: The Grantee shall provide quarterly reports ofits expenditures to

·DOT. The reports shall include the following information (by month): (i) number offlights scheduled; (ii) number offlights completed; (iii) nmnber of
revenue passengers carried (enplanements and deplanements); (iv) total revenue; (v) hub airport used and an example ofthe calculation used for calculating subsidy for a recent flight. Quarterly reports are due no later than 15 calendar days after the close ofeach 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 ofany amendment to, ortermination ofsuch agreements. The

## c. Grantee shall ensure that all agreements entered into withthird 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 ofthe Grant Agreement by DOT.
ASSURANCES The Grantee shall execute the attached assurances and certifications (Assurances) in conjunction with its signing ofthis Grant Agreement and shall ensure its 

### compliance with these Assurances and any amendments or modifications thereto.
D. DEFINITIONS Agreement: Any written contract or obligationbetweenthe Grantee and/or all parties identified in the application for AEAS. Application orAEAS Application: The complete document submitted by the Grantee to DOT in Dockets OST-1996-1711 and 2004-18715, including any amendments.
Indirect aircarrier: 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 ofaircraft 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·DepartmentofTransportation.
Execution ofGrantAgreement: Signing ofthe written Grant Agreement by DOT and Grantee.
GrantAgreement: The written agreement between DOT and the Grantee for Alternate EAS, incorporating by reference, except to the extent otherwise inconsistent withthe terms ofthe 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.

.**·:·:·~** ..... ',; ··: . . 

### GrantRecipient/Grantee: Community receiving Alternate EAS, including the Grantee. Passenger SeatFlown: The number ofseats onthe aircraft flown under this AEAS Grant Agreement regardless ofwhether there is apassenger in

### the seat.Party: DOT and/or the**Grantee~** as the context indicates

. 

### .The AlternateEssential Air Service (AEAS) Program: One of

### Community and Regional Choice Programs originally established under Vision 100- The Century inAviation Reauthorization Act:; 

### P:L:'TcfS-176, and codified in

### 49 U.S.C. 

### 41745.
Grantee Obligations: Material responsibilities ofthe Grantee under this Grant Agreement andthose documents incorporated byreference into the Grant Agreement as setforth above (Definition ofGrant Agreement).


### Grantee: The designated representative to administer and oversee

· implementation ofthe Grant Agreement and fulfillment ofthe 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 ofJuly, 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* 

### •

.**~·** .. . ··. 'GRANTASSURANCES

TITLE VI ASSURANCE (ImplementingTitle VI ofthe Civil Rights Act of 1964, as amended)

ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLY -ASSISTED PROGRAMS AND ACTIVITIES RECEIVING ORBENEFITINGFROMFEDERAL FINANCIALASSISTANCE (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 DepartmentofTransportation {USDOT)
Standard Title VI/Non-Discrimination Assurances
DOT OrderNo. 1050.2A

By signing and submitting the GrantApplication and by entering into the GrantAgreement 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 ofTransportation (DOT), the Grantee is subjectto and will comply with the following: StatutoryiR.egulatory Authorities

• Title VI ofthe Civil Rights Act of 1964 (42 U.S.C. § 2000d 

### et seq., 78 Stat. 252), (prohibits discrimination on the basis ofrace, color, national origin);
• 49 C.F.R. Part 21 (entitled

### Non'41isdflfhiNa'ilon In Federally-AssistedPrograms OJThe Department OJTransportation-Effectuation Of Title VI OfThe Civil RightsAct Of 1964);
• 28 C.P.R. Section 50.3 (U.S. Department ofJustice Guidelines for Enforcement ofTitle VI ofthe Civil Rights Act of 1964);
Thepreceding statutory and regulatory cites hereinafter ate referred to as the "Acts" and "Regulations," respectively.General Assurances

In accordance 

### with the Acts, the Regulations, ·and otherpertinent directives, circulars; policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

"Noperson in the UnitedStates shall, on the grounds of race, color, ornational origin, be excluded fromparticipation in, be denied the benefits of, orbe otherwise subjectedto discrimination underany program oractivity, "forwhich the Recipient receives Federal financial assistance from DOt
The Civil Rights Restoration Act of 1987 clarified.the original intent ofCongress, with respectto Title VI and otherNon-discrimination reqliiremehis tThe Age Discrimination Act of 1975, and Section 504 oftheRehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage ofthese non-discrimination statutes and requirements to include all programs and activities ofthe Recipient, so long as any portion ofthe 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) of49 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 offunding source: ·
"The· Grantee, in accordance with theprovisions ofTitle VIof the CivilRights Actof 1964 (78 Stat. 252, 42 U.S. C. §§ 2000d to 2000d-4) andthe Regulations, hereby notifies all.bidders that itwillaffirmatively ensure that any contract entered intopursuant to this advertisement, disadvantaged business enterprises willbe afforded full and fair opportunity to submitbids in response to this invitation andwill not be discriminated against on the grounds of race, color, or nationalorigin in consideration/oran award"
3. The Recipient will insert the clauses ofAppendix A and E ofthis Assurance in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses ofAppendix B ofthis Assurance, as a covenant · running with the land, in any**de~g.;fmm,the:·Bnited** States effecting or recording a transferofreal 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 ofa 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 ofreal property or an interest itl**~eal** property, the Assurance will extend to rights to space on, over, or**undef·siicffp¥6~~rty.** 7. Thatthe Recipient will include the Clauses set forth in Appendix C and Appendix D of this Assurance, as a covenantrunning with the land, in any future**deed~,** leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:

a. for the subsequenttransfer ofreal property acquired or improved underthe applicable activity, project, orprogram; 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 interesttherein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer ofthe following periods:**~-J·**...**~** ..

### n: ::.f-*,rt;

.. d.':_c;**-~·-_,.** . a. the period during which the property·is used for apurpose for which the Federal .financial assistance is extended, or for anotherpurpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession ofthe property.
9. The Recipient will provide for such methods ofadministration for the program as are found by the Secretary ofTransportation 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 otherparticipants ofFederal financial assistance under such program will comply with all requirements imposed orpursuantto the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seekjudicial enforcement with regard to any matter arising underthe 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 compliancereviews, 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 otherreporting, data collection, and evaluation requirements, as prescribed by lawordetailed in program guidance.

The Grantee gives this ASSURANCE iQ**,9,9-r:t.~i,<jMr.l!:tion** ofand for obtaining any Federal grants, loans, contracts, agreements, property, a:i1d/or'dlscounts, or otherFederal-aid and Federal financial assistance extended after the date hereofto the recipients by the U.S. Departmentof 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 otherparticipants in the AEAS Program.
APPENDIX A During the performance ofthis contract, the contractor, for itself, its assignees, and successors in interest (hereinafterreferred to as the "contractor") agrees as follows:


### 1. Compliancewith Regulations: The contractor (hereinafter includes consultants) will

. comply with the Acts andthe Regulations relative to Non-discrimination in Federallyassisted programs ofthe U.S. Department ofTransportation, as they may be amended from time to time, which are herein incorporated by reference and made 

### a part ofthis contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds ofrace, color, or national origin**i~** the selection and retention ofsubcontractors, including procurements ofmaterials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employmentpractices when the contract covers any activity, project, orprogram set forth in Appendix B of49 C.P.R. Part 21.
3. Solicitations for Subcontracts,Including Procurements ofMaterials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for workto beperformed under a subcontract, including procurements ofmaterials, or leases ofequipment, each potential subcontractor or supplier will be notified by the contractorof the contractor's obligations under this contract and theActs and the Regulations relativeto Non-discrimination on the grounds ofrace, color, or national origin.·
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulatiohs}ll:fntlf 1 tlit'ectives issued pursuantthereto and will permit accessto its books, records, accounts, other sources ofinformation and its facilities
as may be determined by the Recipient or DOTto be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required ofa contractor is in the exclusive possession ofanother who fails or refuses to furnish the information, the contractor will so certify to the Recipient orDOT, as appropriate, and will setforth what efforts it has made to obtain the information.5. · Sanctions for Noncompliance: In the event ofa contractor's noncompliance with the Non-discrimination provisions ofthis 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 underthe contractuntil the contractor complies; and/or · b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation ofProvisions: The contractor will include the provisions ofparagraphs one through six in every subcontract, including procurements ofmaterials 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 orprocurement as ·the Recipient or DOT may direct as a means ofenforcing such provisions including sanctions for noncompliance. Provided, that ifthe contractor becomesinvolved in, or is threatened with litigation by a subcontractor, or supplier because ofsuch direction, the contractor may request the Recipient to enter into any litigation toprotectthe interests of the Recipient. In addition, the contractor may requestthe United States to enter into the litigation to protect the interests ofthe United States. 

## 'lrfWJ:l:PEN.rWxB

CLAUSES FORDEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer ofreal property, structures, or improvements thereon, or granting interesttherein from the United States pursuantto the provisions ofAssurance 4: NOW, THEREFORE, the U.S. Department ofTransportation 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 ofthe U.S Department ofTransportation pertaining to and effectuating the provisions ofTitle VI ofthe Civil RightsAct 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 ofthe U.S. Department ofTransportation in and to said lands described in Exhibit A attached**4?~f~~P,.&U~ ~ade**  apart**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 ofsimilar services or benefits and will be binding on the Grantee, its successors and assigns. ·The Grantee, in consideration ofthe conveyance ofsaid 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 ofrace, 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 orpursua,nt to Title 49, Code ofFederal Regulations, U.S. Department ofTransportation, Subtitle A, Office ofthe Secretary, Part 21, Non-discrimination in Federally-assisted programs ofthe U.S. Department ofTransportation, 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 ofbreach ofany ofthe 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 clearthe purpose ofTitle VI.)

CLAUSES FORTRANSFER OF REA-L PROPERTY ACQUIRED ORIMPROVED UNDER THEACTIVITY, FACILITY, ORPROGRAM

The following clauses 

### will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Grantee pursuant to the provisions ofAssurance 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 ofthe consideration hereof, does hereby covenant and agree [in the case ofdeeds 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,**  orprogram is extended or for another purpose involving the provtstori ofs1milar servtces orbenefits, 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 ofsaid facilities. B. With respectto licenses, leases, permits, etc., in the event ofbreach ofany ofthe 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 ofany ofthe above Non-discrimination covenants, the Grantee will have the right to enter or re-enterthe lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property oftheGrantee and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clearthe purpose ofTitle VI.)

APPENDIXD
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REALPROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY ORPROGRAM

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

. instruments/agreements entered into by Grantee pursuant to the provisions ofAssurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as apart ofthe consideration hereof, does hereby covenant and agree (in the case ofdeeds 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 subjectedto discrimination in the use ofsaid facilities, (2) that in the construction ofany improvements on, over, or under such land, and the furnishing ofservices thereon, no person on the ground ofrace, color, ornational 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 orpursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event ofbreach ofany ofthe 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 

### ifsaid (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event ofbreach ofany ofthe 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 clearthe purpose ofTitle VI.)APPENDIXE During the performance ofthis contract, the contractor, for itself, its assignees, and successors in interest (hereinafterreferred 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 ofthe Civil Rights Act of 1964 (42 U.S.C. §2000d etseq., 78 Stat. 252), (prohibits discrimination on the basis ofrace, 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 unfairtreatment ofpersons displaced or whose property has been acquired because ofFederal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 etseq.), (prohibits discrimination on the basis ofsex);
• Section 504 ofthe Rehabilitation Act of 1973, (29 U.S.C. § 794 etseq.), as amended, (prohibits discrimination on the basis ofdisability); and 49 C.P.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 etseq.), (prohibits discrimination on the basis ofage);
• 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 ofthe Civil Rights Act of 1964);
• The Civil Rights Restoration Act of 1987, (PL 1 00-259), (Broadened the scope, coverage and applicability ofTitle VI ofthe Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 ofthe Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all ofthe programs or activities ofthe Federal-aid recipjents,**sub-recip~¥n:ts.\wotcontractors,** whether such programs or activities are Federally funded or not);
• Titles II and III oftheAmericans with Disabilities Act, which prohibit 9iscrimination on the basis ofdisability in the operation ofpublic 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 ofrace, 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 oflimited English.proficiency (LEP). To ensure compliance with Title VI, you must take

### reasonabieo.:.r§tetys~ttfg~~ure that LEP persons have meaningful
access to yourprograms (70 Fed. Reg. at 74087 to 74100);

### • Title IX ofthe Education Amendments of

### I972, as amended, which prohibits you 

### from discriminating because ofsex in education programs or activities (20 U.S.C. § 

### 168I et seq).UNITED STATES OF AMERICA

. DEPARTMENT OFTRANSPORTATION OFNCEOFTHESECRETARY OFFICE OF AVIATION ANALYSIS
CERTIFICATION REGARDING INFLUENCING ACTIVITIES
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best ofhis orher knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalfofthe undersigned, to any person for influencing or attempting to influence an officer or employee ofany agency, a Member ofCongress, an officer or employee ofCongress, or an employee ofa Member ofCongress in connection with the awarding ofany Federal contract, the making ofany Federal grant, the making ofany Federal loan, the entering into ofany cooperative agreement, and tl)e extension, continuation, renewal, amendment, or modification ofany Federal contract, grant, loan, or cooperative agreement. (2) Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing orattempting to influence an officer or employee ofany agency, a Member of Congress, an officer or employee ofCongress, or an employee ofaMember ofCongress 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 ofthis 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 offact upon which reliance was placed when this transaction was made or entered into. Submission ofthis 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 therequired certification shall be subject to a civil penalty ofnot 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 RecipientUNITED STATES OFAMERICA DEPARTMENT OF TRANSPORTATION OFFICE**O~.THE,** SECRETARY OFFICE OF**'A.~fA:TibNANALYSIS** CERTIFICATIONREGARDJNG DRUG-FREE WORKPLACEREQUIREMENTS 1N THEPERFORMANCE OF ALTERNATE ESSENTIAL AIR SERVICE PROGRAMPURSUANTTO GRANT AWARDUNDERTHE ALTERNATE ESSENTIAL AIR SERVICEPROGRAM 

### A. The grantrecipient certifiesthatit will, orwill continue, to provide a drug-free workplace by:
(a) Publishing a statementnotifying employees thatthe unlawful manufacture, distribution, dispensing, possessionor use ofa controlled substance is prohibited in the grantrecipient's workplace, and specifying the actions thatwill betaken against employees for violation ofsuch prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about-- (1) The dangers ofdrug abuse in the workplace; (2) Thegrantrecipient's policy ofmaintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) Thepenalties that maybe imposed upon employees for drug abuse violations occurring inthe workplace; (c) Making it a requirementthat each employeetobe engaged in the performance ofwork supported bythe grant award begiven a copy ofthestatement required by paragraph (a); (d) NotifYing the employee in the statement required by paragraph (a) that, as a condition ofemployment supportedby the grant award, the employee will-- ·:
..

### 11**~~ :;o~;~';.i**  

### '.'r,:··· (I) Abide by the terms ofthe statement; and (2) Notify the employerin writing ofhis orher conviction for a violation ofa criminal drug statute occurring in the workplace no laterthan five calendar days after such conviction; (e) NotifYing the agency in writing, within ten calendardays after receiving notice underparagraph (d)(2)from an employee orotherwise receiving actual notice ofconviction. Employers ofconvicted employees mustprovidenotice, including position title, to the Office of Aviation Analysis. Notice shall include the ordernumber ofthe grant award; {f) Taking one ofthe following actions, within 30 days ofreceiving notice under paragraph (d)(2), with respectto any employee who is so convicted-- (!) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements oftheRehabilitation Act of1973, as amended, or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance orrehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) Making a good faith effortto continue to maintain a drug-free workplace through implementation ofparagraphs (a), (b), (c), {d), (e) and (f).

B. Thegrant recipient may, butis notrequired to, insert in the space provided below the site fortheperformance ofwork done in connection with the specific grant
Places ofPerformance (street address, city, county, state, zip code). For the provision ofair service pursuant to thegrant award, workplaces include outstations, maintenance**sites,_~e~qgu!i.q((rs** office locations, training sites and any otherworksites where work is performed that is supported by the grant a\.;·iafd: :. ,,.,. .:.,,
..

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

# 4.;~£2- Grant Recipient ignature DateOFFICE OFTHE SECRETARY OF TRANSPORTATION
CERTIFICATIONREGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITYMATTERS-- 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 ofa person to provide the certification required below will not necessarily result in denial ofparticipation 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 ofthe Sponsor to furnish a certification or an explanation shall disqualify such person from**participatio~jnJhis;**transaction. 3. The certification in this clause is amaterial representation offact upon which reliance was placed when the department or agency determined to enter into this transaction. Ifit 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 ifat any time the Sponsor learns that its certification was erroneous when submitted or has become erroneous by reason ofchanged 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 ofthe rules implementing Executive Order 12549. You may contactthe department or agency to which this proposal is being submitted for assistance in obtaining a copy ofthose regulations. 6. The Sponsor agrees that it shall not knowingly enter into any lower tier covered transaction with aperson who is proposed for debarm.e.P:h1 qebarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction pursuant to 2 C.F.R. Parts 180 or 1200 or48 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. Aparticipant in a covered transaction may rely upon a certification ofa 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 pursuantto 2 C.F.R. Parts 180 or 1200 or48 C.F.R. Part.9, Subpart 9.4, unless it knows that the certification is erroneous. A participantmay decide the method and frequency by which it determines the eligibility ofitsprincipals. Each participant may, but is not required to, check the List ofParties Excluded from Federal Procurement and Non-procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment ofa system of records in order to render in good faith the certification required by this clause. The knowledge and information ofaparticipant is not required to exceed that which is normally possessed by a prudentperson in the ordinary course ofbusiness dealings. 10. Except for transactions authorized under paragraph 6 ofthese instructions, ifaparticipant in
acovered transaction knowingly enters into a lower tier covered transaction with a personwho is proposed for debarment, suspended, debarred, ineligible, or voluntarily excluded from · participation in thistransaction pursuantto 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 OtherResponsibility Matters

- Primary Covered Transactions (1) The Sponsor certifies to the best ofits 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 oforhad aciviljudgmentrendered against them for commission offraud 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 ofFederal or State antitrust statutes or commission ofembezzlement, theft, forgery, bribery, falsification or destruction ofrecords, 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 ofany ofthe offenses enumerated in paragraph (l)(b) ofthis certification; and (d) Have not within a three-year

### period'pr~ceH1ng.'this Grant Agreementhad one or more public transactions (Federal, State or local) terminated for cause ordefault. (2) Where the Sponsor is unable to certify to any ofthe statements in this certification, such Sponsor shall attach an explanation to this proposal.

# e~**ll1~** llladerAiq?<rlAuifort*J Name Affiliation



### I

. Title DateOFFICE OFTHE SECRETARY OF TRANSPORTATION CERTIFICATION

### REGARDING DEBARMENT, SUSPENSION, INELIGffiiLITYAND 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 offact upon which reHa:nce':is placed when a transaction is entered into. If it is later determined that the prospective lower tierparticipant 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 tierparticipant 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 orhad become erroneous by reason ofchanged 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 ofrules implementing Executive· Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy ofthose 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 aperson 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. Aparticipant in a covered transactio.n may rely upon a certification ofa 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 pursuantto 2 C.P.R. Parts 180 or 1200 or 48 C.P.R. Part 9, Subpart 9.4, unless itknows that the certification is erroneous. Aparticipant may decide the method and frequency by which it determines the eligibility ofits 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 ofa system ofrecords in order to render in good faith the certification required by this clause. The knowledge and information ofa participant is not required to exceed that which is normally possessed by a prudentperson in the ordinary course ofbusiness dealings. 9. Except for transactions authorized under paragraph 5 ofthese instructions, ifa 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 tierparticipant 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 tierparticipant is unable to certify to any ofthe 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