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GRANT AGREEMENT BETWEEN THE U.S. 

### DEPARTMENT OF TRANSPORTATION AND THE MANISTEE BLACKERAIRPORT AUTHORITY,:IN: ASSOCIATION WITH THE COMMUNITYOF.

'/ l (·, .) ' :- ' 

### MANISTEE/LUNDINGTON, MICHIGAN, UNDER'' THE ALTERNATE ESSENTIAL AIR SERVICE PROGRAM WHEREAS, the Manistee BlackerAirport Authority (hereinafterreferred 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 up to $4,199,075 for Alternate Essential Air Service at the communityfor a two-yearterm. Unless otherwise defined in this Grant Agreement, capitalized terms shall have the meanings assigned to suchterms in SectionD hereof.

THIS GRANT AWARD AND AGREEMENT IS MADE ONAND SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
A. GENERAL CONDITIONS
1. The eligibility ofManistee/Ludington, Michigan, underthe AEAS Program, shall be contingentupon its continuingto meet all the eligibility criteria for inclusion in the basic EAS Program as defined by 49 U.S.C. §§ 41731-42. 2. The Grantee, in association with the community ofManistee/Ludington, Michigan, will forgo participation in the basic EAS Program for a two-year period, beginning when scheduled service underthe AEAS Program at the community is inaugurated. 3. The Grantee will contract with a Part 380 indirect air carrierto provide scheduled charter airtransportation to Chicago Midway International Airport (MDW), a medium-hub airport. 4. The maximum obligation ofthe United Statesreimbursable underthis Grant Agreement shall be $4,199,075. 5. Payment by the United States for AEAS will be made pursuant to and in accordance with the provisions ofsuch 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 hereofand pursuant to any regulations and procedures as DOT may prescribe. 7. This Grant Award constitutes an obligation ofFederal funding. This Grant .\ward shall expire and the United States shall not be obligated to reimburse any part ofthe costs ofthe project unless the Grantee signs this Grant Agreement on orbefore May 3. 2012. or such subsequent date as may be prescribed in writing by DOT. Ifthe Grantee makes any substantive changesto this Grant Agreement, such changes shall constitute proposed amendments to this Grant Award and Agreement and further action on the part ofDOT is required in orderfor DOTto accept such proposed amendments to the initial Grant Award obligation. 8. The Grantee shall take all steps, including litigation, ifnecessary, to recover Federal funds when DOT determines, after consultation with the Grantee, that such funds have been spent fraudulently, wastefully, orin violation ofFederal laws, ormisused in any mannerin any project upon which Federal funds have been expended. Forthe purposes ofthis Grant Agreement, the term "Federal funds" means funds howeverused ordisbursed bythe Grantee that were originally paidpursuantto this Grant Agreement. 9. The Grantee shall retain all documents relevant to the Grant Award and Agreement for a period ofseven years after air service undertaken pursuant to the Grant Agreement and receipt offinal reimbursement from the U.S. Treasury, whichever is later. It shall furnish DOT, upon request, all documents andrecords pertaining to the determination ofthe amount ofthe Federal funds orto any settlement, litigation, negotiation, orotherefforts taken to recover such funds. All settlements or otherfinal positions ofthe Grantee, in court orotherwise, involvingtherecovery ofsuch Federal funds shall be approved in advance by DOT. I0. The United States shall not be responsible orliable for damage to property or injury to persons that may arise from, orbe incident to, compliance with this GrantAgreement. 11. The Grantee shall ensure compliance with Federal regulations requiring conduct ofa Federally-approved audit ofany expenditure offunds of $500,000 ormore in a yearinFederal awards. 12. The provisions of49 CFRPart 18, including Section 18.36 (DOT's procurement standards for grants), will apply to the extentthat the Grantee procures property and services in carrying outAEAS.


### B. APPLICATION OF SPECIFIC CONDITIONS
1. Grantee: The Manistee BlackerAirport Authority, as the Grantee underthe AEAS Program, shall administerthe Grant accordingto the conditions set forth in this GrantAgreement.

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.com2. Purpose: Forthe Grantee to contract with a Part 380 indirect air carrierto provide scheduled public charterairtransportation from the Community to Chicago Midway International Airport (MDW), a medium-hub airport. The Grant Award will comprise reimbursement ofstart-up costs and costs incurred per completed flight segment for a period oftwo years, as set forth in Section B.3, below.
3. Alternate Essential Air Service a. Service will be provided using two-pilot, twin-engine aircraft with 19 seats orlargerequipment. b. Equivalent service with substitute aircraft in the event ofmechanical problems or otherunforeseen circumstances is acceptable. c. Service levels may fluctuate to reflect seasonal changes in demand and to provide greater frequency than planned; however, no more than 24,971 passenger seats flown in the first year ofservice and no more than 19,361 passenger seats flown in the second year ofservice will be funded under this Grant Agreement. d. In the event ofearly termination ofthe 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 throughAEAS by finding a new indirect air carrierto provide the service described herein for the remainder ofthis Grant Agreement's twoyearterm orto re-enterthe traditional EAS program. The Grantee and the indirect air carrierwill agree to a "hold-in"period while the Grantee or DOT secures replacement air service, depending**~m** the Grantee's preference to continue the AEAS orrevert to basic EAS. e. All scheduled flights performed under this agreement are to be operated in a sterile environment. Passengers and accompanying baggage will be screened by the Transportation Security Administration at MDW and the Manistee County Blacker Airport. At MDW, passengers and accompanying baggage would deplane into a sterile terminal environment. f. Subject to the terms set forth in this GrantAgreement, DOTreserves 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, ifthe Grantee does not meet the conditions and obligations specified under this Grant Agreement, and/or DOT determines that termination is in the public interest. g. Eitherparty may seek to amend or modify this Grant Agreement on 30 days' prior written notice to the otherparty. The Grant Agreement will be amended ormodified only on mutual written agreement by both parties. h. At any time, on 30 days' prior written notice, DOT may terminate this Grant Agreement. 1. Upon termination or expiration ofthis Grant Agreement DOT will retain any remaining unspent funds.4. Reimbursement a. Allowable Maximum: All payments by DOT to the Grantee for AEAS at the community will be on a reimbursable basis and shall not exceed $2,143,294 in the first year and $2,055,781 for the second. b. Start-Up Costs: 1. First-yearpayments by DOT to the Grantee shall include a maximum reimbursement of$200,000 in start-up costs incurred for starting the service. Examples ofstart-up costs that may be reimbursed include but are not limited to pre-service marketing, station startup costs, and personnel training. 11. In its agreements with the carrier, the Grantee will ensure that if the carrierterminates service during the first year ofservice under this Agreement, the carrier shall owe the Grantee apro-rataportion ofthe $200,000 start-up costs based onthe number ofpassenger seats that were flown compared to the yearly maximum numberof operated seats of24,971 passenger seats (510 flights x 30 seats+ 509 x 19 seats). Any prorated funds the Grantee receives from the carrier will be reimbursed to DOT. c. CompletedFlight Segments: 1. During the first year ofservice, DOT will reimburse the Grantee $77.82 perpassenger seats flown for up to 24,971 passenger seats [($2,143,294-$200,000)/24,971]. 11. Duringthe second year ofservice, DOT will pay the Grantee $106.18 perpassenger seat flown for up to 19,361 passenger seats. ($2,055,781/19,361). d. Requirements: 1. To receive reimbursements ofstart-up costs orpayments for completed flight segments, the Grantee must first submit to DOT documentary evidence ofexpenditures. DOT will review the documentary evidence ofexpenditures providedby the Grantee and will promptly process appropriate reimbursements to the Grantee. e. DOT will not reimburse the Grantee for any expenses incurred before the executionofthis Grant Agreement. f. DOT will not reimburse the Grantee for any expenses incurred afterthe expiration ortermination ofthis Grant Agreement. g. The Grantee shall ensure that reimbursements provided by DOT are not misappropriated or misdirected to any other account, need, project, lineitem, orthe like. h. All requests for reimbursements shall be made by the Grantee within 60 calendardays ofthe relevant expenditures.
5. Reports: The Grantee shall provide monthly reports ofits expenditures to DOT. Monthly reports shall include the following infonnation: (i) number of flights scheduled; (ii) number offlights completed; (iii) number ofpassengerscarried; and (iv) total revenue. Monthly reports are due no later than 15 calendar days after the close ofeach month.
6. Grantee Obligations a. The Grantee shall, within 15 calendardays aftertheirexecution, provide DOT with a copy ofall agreements executed between the Grantee and any air carriers, or otherparties related to the Grantee's AEAS. The Grantee shall, within 15 calendar days after execution, also provide DOT with notice ofany amendment to, ortermination ofsuch agreements. The 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.
C. ASSURANCES The Grantee shall execute the attached assurances and certifications (Assurances) in conjunction with its signing ofthis Grant Agreement and shall ensure its compliance withthese Assurances and any amendments ormodifications thereto.
D. DEFINITIONS Agreement: Any written contract orobligationbetween the Grantee and/or all parties identified in the application for AEAS. Application orAEAS Application: The complete document submittedby the Grantee to DOT in Dockets OST-1996-1711 and 2004-18715, including any amendments.
Indirect air carrier: A DOT approved tour operator authorized to sell airtravel directlyto the public, and that will contracta DOT certified direct air carrier who carries an FAA-issued AirCarrierCertificate for the provision ofaircraft and associated flight services necessaryto provide airpassenger service under this agreement. Community: All parties identified in the Grant Application as participating in AEAS, including the designated Grantee.
DOT: United States Department ofTransportation.
Execution ofGrant Agreement: Signing ofthe written Grant Agreement by DOT and Grantee.

5GrantAgreement: The written agreement between DOT and the Grantee for Alternate EAS, incorporating by reference, except to the extent othenvise inconsistent with the terms ofthe written agreement, the original application filed onJanuary 5, 2012. in Dockets OST-1996-1711 and 2004-18715, including any amendments.
Grant Recipient/Grantee: Community receiving Alternate EAS, includingthe Grantee. Passenger Seat Flown: The number ofseats onthe aircraft flown underthis AEAS Grant Agreement regardless ofwhetherthere is a passenger in the seat. Party: DOT and/or the Grantee, as the context indicates.
TheAlternate Essential Air Service (AEAS) Program: One ofCommunity and Regional Choice Programs originallyestablished underVision 1 00-The Century in Aviation Reauthorization Act, P.L. 108-176, and codified in 49 U.S.C. 41745.
Grantee Obligations: Material responsibilities ofthe Grantee underthis Grant Agreement and those documents incorporated by reference into the Grant Agreement as set forth above (Definition ofGrant Agreement).
Grantee: The designated representative to administer and oversee implementation ofthe Grant Agreement and fulfillment ofthe authorized Alternate EAS.

6

### GRANT AWARD
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 and the Assurances attached hereto and incorporated herein.

Executed this

# _3

___day ofMay, 2012.
United States Department ofTransportation (SEAL)

Deputy Assistant Secretary for Aviation and International Affairs



### ACCEPTANCE
The undersigned Grantee agrees to accomplishAlternate Essential AirService in compliance with the terms and conditions ofthis Grant Agreement and the Assurances attached hereto and incorporatedherein.
Executed this 

## 2nd day of 

## Mtty

(SEAL)

Attest: 

### 't)

### &.l.I'U1)~1 d '2012.
Manistee BlackerAirport Authority Manistee, Michigan**Sign~re** ofGrantee·s Designated Official Representative

Printed Name

7OFFICE OF THE SECRETARY DEPARTMENT OF TRANSPORTATION
TITLE VI ASSURANCE Attachments

(Implementing Title VI ofthe Civil Rights Act of1964, as amended)
ASSURANCE CONCERNING NONDISCRIMINATION ON THE BASIS OF DISABILITY IN FEDERALLY-ASSISTED PROGRAMS AND ACTIVITIES RECEIVING ORBENEFITING FROM FEDERAL FINANCIAL ASSISTANCE (Implementingthe RehabilitationAct of 1973, as amended, and the Air Carrier Access Actof 1986)
49 CFRParts 21 and 27 and 14 CFRParts 271 and 382



## lll<Wi/tee &cker A,I--IJod Ador<zy(the Grant Recipient) HEREBYAGREES THAT, (Name ofGrant Recipiend
I. As a condition to receiving any Federal financial assistance from the Department of Transportation, it will comply: with Title VI ofthe Civil Rights Actof 1964, as amended, 42 U.S.C. 2000d--42 U.S.C. 2000d-4; all requirements imposed by orpursuant to: Title 49, Code of Federal Regulations, Part 21, Nondiscrimination in Federally-Assisted Programs ofthe Department ofTransportation--Effectuation ofTitle VI ofthe Civil Rights Act of 1964; and otherpertinent directives so that no person in the United States shall, onthe grounds ofrace, color, ornational origin, be excluded from participation in, be denied the benefits of, orbe otherwise subjected to discrimination under any program oractivity for whichthe Recipient receives Federal financial assistance from the Department ofTransportation. This assurance is required by Title 49, Code ofFederal Regulations, section 21.7(a) and Title 14, Code ofFederal Regulations, section 271.9(c).
II. As a condition to receiving any Federal financial assistance from the Department of Transportation, it will comply with: section 504 ofthe Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; the Air Carrier Access Act of 1986,49U.S.C. 1374(c); and all requirements imposed by or pursuant to Title 49, Code ofFederal Regulations, Part 27, Nondiscrimination on the Basis ofHandicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, Title I4, Code ofFederal Regulations, Part 382. Nondiscrimination on the Basis ofHandicap in Air Travel; and otherpertinent directives so that no otherwise qualified person with a disability be excluded from participation in, be denied the benefits of, be discriminated against by reason ofsuch handicap in the provision ofairtransportation. or otherwise be subjected to discrimination under any program for which the Recipient receives Federal financial assistancefrom the Department ofTransportation. This assurance is required by Title 49, Code ofFederal Regulations, section 27.9 and Title 14, Code ofFederal Regulations, sections 271.9(c) and 382.9.
III. Itwill promptly take any measures necessary to effectuate this Grant Agreement. The Recipient further agrees that it shall take reasonable actions to guarantee that it, its contractors and subcontractors subject to the Department ofTransportation regulations cited above, transferees, and successors in interest will comply with all requirements imposed by orpursuant to the statutes and Department ofTransportation regulations cited above, otherpertinent directives, and the above assurances.
IV. These assurances obligate the Recipient for the period during which Federal financial assistance is extended. The Recipient agrees that the United States has a right to seekjudicial enforcement with regard to any matter arising underthe statutes and Department of Transportationregulations cited above, otherpertinent directives, and the above assurances.
V. These assurances are given for the purpose ofobtaining Federal grant assistance under the Alternate Essential Air Service Program and are binding onthe Recipient, contractors, subcontractors, transferees, successors in interest, and all otherparticipants receiving Federal grant assistance in the Alternate Essential Air Service Program. The person orpersons whose signatures appear below are authorized to sign this Grant Agreement on behalfofthe Grant Recipient.
VI. In additionto these assurances, the Recipient agrees to file: a summary ofall complaints filed against it within the past yearthat allege violation(s) by the Recipient ofTitle VI ofthe Civil Rights Act of 1964, as amended, section 504 ofthe Rehabilitation Act of 1973, as amended, orthe Air CarrierAccess Act of 1986; ora statement that there have been no complaintsfiled against it. The summary should include the date the complaint was filed, the nature ofthe complaint, the status or outcome ofthe complaint (i.e., whetherit is still pending or how it was resolved).

Date 

## ll1antJ·iee. Bla.<:ker 

## A,l-iort· Aai/...Jrdy Legal Name ofGrant Recipient

Signature ofAuthorized OfficialUNITED STATES OFAMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY OFFICE OF AVIATION ANALYSIS
CERTIFICATION REGARDING INFLUENCING ACTIVITIES
Certificationfor Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best ofhis orherknowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid, by oron behalfofthe undersigned, to any person for influencing or attempting to influence an officer or employee ofany agency, a MemberofCongress, an officer oremployee ofCongress, or anemployee 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 the extension, continuation, renewal, amendment, ormodification ofany Federal contract, grant, loan, orcooperative agreement. (2) Ifany funds otherthan Federal appropriated funds have beenpaid orwill be paid to any person for influencing or attempting to influence an officeroremployee ofany agency, a Memberof Congress, an officeroremployee ofCongress, or an employee ofa Member ofCongress in connection with this Federal contract, grant, loan, orcooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Formto Report InfluencingActivities," in accordance with its instructions. (3) The undersigned shall require that the language ofthis certification be included in the award documents for all 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 whichreliance was placed when this transaction was made orentered into. Submission ofthis certification is a prerequisite for making orentering 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 ofnot less than $10,000 and not more than $100,000 for each such failure.

Sigi'lature Date I 'UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY OFFICE OF AVIATION ANALYSIS
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS

IN THE PERFORMANCE OF AIR SERVICE PURSUANT TO GRANT AWARD UNDER THE ALTERNATE ESSENTIAL AIR SERVICE PROGRAM
A. The grant recipient certifies that it will, orwill continue, to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession oruse ofa 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 ofdrug abuse in the workplace; (2) The grantee's policy ofmaintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) Thepenalties 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 intheperformance ofwork supported bythe grant award be given a copy ofthe statementrequired byparagraph (a); (d) Notifying the employee in the statementrequired by paragraph (a) that, as a condition of employment supported by the grant award, the employee will-- (1) 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 afterreceiving notice under paragraph (d)(2) from an employee or other-Wise receiving actual notice ofconviction. Employers ofconvicted employees mustprovide notice, includingpositiontitle, to the Office ofAviation Analysis. Notice shall include the ordernumber ofthe grant award; (f) Taking one ofthe following actions, within 30 days ofreceiving notice underparagraph (d)(2), with respect to any employee who is so convicted-- (1) 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 orlocal health, law enforcement, orother appropriate agency; (g) Making a good faith effort to continue to maintain a drug-tree workplace through implementation ofparagraphs (a), (b), (c), (d), (e) and (t).B. The grant recipient 

### may, but is not required to, insert in the space provided belowthe site for the performance ofwork done in connection with the specific grant.
Places ofPerformance (street address, city, county, state, zip code). For the provision ofair service pursuant to the grant award, workplaces include outstations, maintenance sites, headquarters office locations, training sites and any other worksites where work is performed that is supported by the grant award.

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

Grant Recipient Signature 

## ,/]lk ..") _f 

## 20/2 r:t L./tJ' Date '

### ALTERNATE ESSENTIAL AIRSERVICE PROGRAM

GRANT ASSURANCES

APPLICABLE FEDERALLAWS AND REGULATIONS

By entering into this Grant Agreement, the Grantee assures and certifies, with respect to this grant, that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use ofFederal funds for this project. Performance underthis Agreement shall be governed by and in compliance with the following requirements as applicable to the type oforganization ofthe Recipient and any applicable sub-recipients. The applicable provisions to the Agreementmay include but are not limited to the following:
1. GeneralFederalRequirements FederalLegislation



### a. Davis-Bacon Act- 40 U.S.C. 3141, et seq. b. Federal FairLabor Standards Act- 29 U.S.C. 201, et seq. c. Hatch Act- 5 U.S.C. 1501, et seq. d. Uniform RelocationAssistance and Real Property Acquisition Policies Act of 1970 Title

- 42 U.S.C. 4601, et seq. e. National Historic Preservation Act of 1966- Section 106- 16 U.S.C. 470f f. Archeological and Historic Preservation Act of 1974- 16 U.S.C. 469athrough 469c. g. Native American Graves Protection and RepatriationAct- 25 U.S.C. 3001, et seq. h. Clean AirAct, P.L. 90-148, as amended 1. 

### Section 404 oftheClean WaterAct, as amended 33 U.S.C. 1251, et seq. J. 

### Section 7 ofthe Endangered Species Act, P.L. 93-205, as amended. k. Coastal Zone Management Act, P.L. 92-583, as amended. l. 

### Flood Disaster Protection Act of 1973- Section 102(a)- 42 U.S.C. 4012a m. Age Discrimination Act of 1975-42 U.S.C. 6101, et seq. n. American Indian Religious Freedom Act, P.L. 95-341, as amended o. Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101, et seq. p. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91-616, as amended- 42 U.S.C. 4541, et seq. q. Sections 523 and 527 ofthe Public Health Service Act of 1912, as amended, 42U.S.C. 290dd through 290dd-2 r. 

### Architectural Barriers Act of 1968-42 U.S.C. 4151, et seq. s. Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42- Section 403- 42 U.S.C.8373 t. 

### Contract Work Hours and Safety Standards Act- 40 U.S.C. 3701, et seq. u. Copeland Anti-kickback Act, as amended- 18 U.S.C. 874 and 40 U.S.C. 3145 v. Wild and Scenic Rivers Act, P.L. 90-542. as amended- 16 U.S.C. 1271, et seq. w. Federal Water Pollution Control Act, as amended- 33 U.S.C. 1251-1376 x. Single Audit Act of 1984- 31 U.S.C. 7501, et seq. y. 

### Americans with Disabilities Act of 1990-42 U.S.C. 12101, et seq.z. Title IX ofthe Education Amendments of 1972, as amended

- 20 U.S.C. 1681 through 1683, and 1685 through 1687 aa. Section 504 ofthe Rehabilitation Act of 1973, as amended- 29 U.S.C. 794 bb. Title VI ofthe Civil Rights Act of 1964- 42 U.S.C. 2000d 

### etseq. cc. Title 

### IX ofthe Federal Property and Administrative Services Act of 1949-40 U.S.C. 541, et seq. dd. Limitation on Use ofAppropriated Funds to Influence CertainFederal Contracting and Financial Transactions- 31 U.S.C. 1352 ee. Freedom ofInformation Act- 5 U.S.C. 552, as amended ff. Magnuson-Stevens Fishery Conservation and Management Act- 16 U.S.C. 1855 gg. Farmlands Protection Policy Act of 1981 -7U.S.C. 4201 hh. Noise Control Act of 1972-42 U.S.C. 4901, et seq. ii. Fish and Wildlife Coordination Act of 1956- 16 U.S.C. 661 jj. Section9 oftheRivers and Harbors Act and General BridgeAct of 1946 -33 U.S.C. 401 kk. Section4(t) ofthe Department ofTransportation Act of 1966, 49 U.S.C. 303 and 23 U.S.C. 138 11. Resource Conservationand RecoveryAct of 1976 (RCRA), as amended42 U.S.C. 6901, et seq. mm.ComprehensiveEnvironmental Response, Compensation, and LiabilityAct of 1980 (CERCLA), as amended --42 U.S.C. 9601-9657 nn. Safe Drinking WaterAct-- 42 U.S.C. 300F-300J-6 oo. WildemessAct--16U.S.C.1131-1136 pp. Solid Waste Disposal Act, as amended bythe Resource Conservation and Recovery Act of 1976

-- 42 U.S.C. 6901, et seq. qq. Migratory Bird Treaty Act 16 U.S.C. 760c-760g rr. TheFederal Funding Transparency and Accountability Act of2006, as amended (Pub. L. 109- 282, as amended by section 6202 ofPublicLaw 110-252) ss. Cargo Preference Act of 1954- 46 U.S.C. 55305 tt. BuyAmericaAct-23 U.S.C. 313

Executive Orders

a. Executive Order 11246

- Equal Employment Opportunity b. Executive Order 11990

- Protection ofWetlands c. Executive Order 11988

- FloodplainManagement d. Executive Order 12372- Intergovernmental Review ofFederal Programs e. Executive Order 12549- Debarment and Suspension f. Executive Order 12898 -Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations g. Executive Order 13166

- Improving Access to Services for Persons With Limited English Proficiency
General Federal Regulations

a. Buy AmericaRequirements 23 C.P.R. 635.410 Uniform Administrative Requirements for Grants and Agreements with Institutions ofHigher Education, Hospitals, and otherNon-Profit Organizations- 2 C.P.R. Part 215 b. Cost Principles for State and Local Governments- 2 C.F.R. Part 225 c.**~on-procurement** Suspension and Debarment- 2 C.F.R. Part 1200

### d. Investigative and Enforcement Procedures- 14 C.F.R. Part 13 e. Procedures for predetermination ofwage rates- 29 C.F.R. Part 1 f. 

### Contractors and subcontractors onpublic building or public work financed in whole or part by loans or grants from the United States

- 29 C.F.R. Part 3 g. Labor standards provisions applicable to contracts governing federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act)

- 29 C.F.R. Part 5 h. Office ofFederal Contract Compliance Programs, Equal Employment Opportunity, Department ofLabor (Federal and federally assisted contractingrequirements)- 41 C.F.R. Parts 60, et seq. 1. 

### Contractor Qualifications- 48 C.F.R. Part 9 J. 

### Uniform administrative requirements for grants and cooperative agreements to state and local governments

- 49 C.F.R. Part 18 k. NewRestrictions on Lobbying- 49 C.F.R. Part 20 I. 

### Nondiscrimination in Federally Assisted Programs ofthe Department ofTransportationEffectuation ofTitle VI ofthe Civil Rights Act of 1964-49 C.F.R. Part 21 m. Uniform relocation assistance and real property acquisition for Federal and Federally assisted programs- 49 C.F.R. Part 24 n. Nondiscrimination on the Basis ofSex in Education Programs orActivities Receiving Federal Financial Assistance- 49 C.F.R. Part 25 o. Nondiscrimination on the Basis ofHandicap in Programs and Activities Receiving orBenefiting from Federal Financial Assistance- 49C.P.R. Part 27 p. Enforcement ofNondiscrimination on the Basis ofHandicap in Programs orActivities Conductedby the Department ofTransportation- 49 C.F.R. Part28 q. Denial ofpublic works contracts to suppliers ofgoods and services ofcountries that deny procurement market access to U.S. contractors- 49 C.F.R. Part 30 r. 

### Government-wide Requirements for Drug-Free Workplace (Financial Assistance)- 49 C.F.R. Part 32 s. DOT's implementing ADA regulations, including the ADA Accessibility Guidelines in Part 37, Appendix A- 49 C.F.R. Parts 37 and 38 t. 

### Procedures for Transportation Workplace Drug and Alcohol Testing Programs- 49 C.F.R. Part 40 u. Participation by Disadvantaged Business Enterprises in Department ofTransportation Financial Assistance Programs- 49 C.F.R. Part 26 v. Preference for Privately Owned Commercial U.S. Flag Vessels- 46 C.F.R. Part 381.
Office ofManagement and Budget Circulars



### a. A-87- Cost Principles Applicable to Grants and Contracts with State and Local Governments b. A-102 -Grantsand Agreements with State and Local Governments c. A-133- Audits ofStates, Local Governments, and Non-Profit Organizations d. Any otherapplicable OMB Circular based upon the specific grant recipient.

The Grantee shall ensure that any use ofairport funds in conjunction with this project comply fully with all regulations and policies ofthe Federal AviationAdministration for use ofthose funds. Specific assurances required to be included in grant agreements by any ofthe above laws, regulations, or circulars are incorporated by reference in the grant agreement.2. Responsibility and Authority ofthe Grantee. The Grantee assures and certifies that it has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act ofthe applicant's governing body authorizing the filing ofthe application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative ofthe applicant to act in connection with the application and to provide such additional information as may be required. 3. Funds Availability. The Grantee assures and certifies that it has sufficient funds available for that portion ofthe project costs that are not to be paid by the United States. 

### It has sufficient funds available to assure operation and maintenance ofitems funded underthe grant agreement that it will own or control. 4. Preserving Rights and Powers. The Grantee assures and certifies that it will not take orpermit any actionthat would operate to deprive it ofany oftherights and powers necessary to perform any or all oftheterms, conditions, and assurances in the grant agreement without the written approval ofDOT, and will act promptly to acquire, extinguish, or modify any outstandingrights orclaims ofright ofothers that would interfere with such performanceby the Grantee. This shall be done in a manner acceptable to DOT. 5. Accounting System, Audit, and Record Keeping Requirements.

a. The Grantee assures and certifies that it shall keep all project accounts and records that fully disclose the amount and disposition by the recipient oftheproceeds ofthe grant, the total cost oftheproject in connection with which the grant is given or used, and the amount ornature ofthat portion ofthe cost of the project supplied byother sources, and such otherfinancial records pertinentto the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984 (31 U.S.C. 7501-7507).
b. The Grantee assures and certifies that it shall make available to DOT and the Comptroller General of the United States, orany oftheir duly authorized representatives, for the purpose ofaudit and examination, any books, documents, papers, and records ofthe recipientthat are pertinent to the grant. DOT may require that arecipient conduct an appropriate audit. In any case in which an independent audit is made ofthe accounts ofa Grantee relating to the disposition ofthe proceeds ofa grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy ofsuch audit with the Comptroller General ofthe United States not laterthan six (6) months following the close ofthe fiscal year for which the audit was made.
6. Minimum Wage Rates. The Grantee assures and certifies that it shall include, in all contracts in excess of$2,000 for work on any projects funded underthis grant agreement that involve labor, provisions establishing minimum rates ofwages, to be predetermined by the Secretary ofLabor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. §3141 et seq.), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 7. Economic Nondiscrimination. In any agreement, contract, lease, or other arrangement under any project funded underthis grant agreement and tor which a right orprivilege at the airport is granted to any person, firm, orcorporation to conduct or to engage in any aeronautical activity for furnishingservices to the public at the airport, the Grantee will insert and enforce provisions requiring the contractorto (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similartypes ofprice reductions to volume purchasers. 8. Engineering and Design Services. The Grantee assures and certifies that it will award each contract or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated underTitle IX ofthe Federal Propertyand Administrative Services Act of 1949 (40 U.S.C. §§ 1101-1104) or an equivalent qualifications-based requirement prescribed for or by the Grantee. 9. Relocation and Real Property Acquisition.

a. The Grantee assures and certifies that it will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisitionpolicies in Subpart B of49 CFR Part24 and will pay orreimburse property owners for necessary expenses as specified in Subpart B. b. The Grantee assures and certifies that it will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of49 CFR Part 24.

c. The Grantee assures and certifies that it will make available within a reasonable period oftime prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of49 CFRPart 24. 10. BuyAmerica. In accordance with DOT annual appropriations restrictions, funds provided under this award must be expended consistent with Sections 2 through 4 ofthe Act ofMarch 3, 1933 (41 U.S.C. 10a-10c, popularlyknown as the "BuyAmericanAct"). In accepting this award, the Grantee agrees to complywith such provisions and to reviewthe provisions ofthe Act to ensure that all expenditures made under this award are consistent with suchAct.

SignatUre(;[Authorized Grant Recipient Official 

# A1a:y**~** 

### zo/2 Date

### TITLE VI ASSURANCE (Implementing Title VI ofthe Civil Rights Act of1964, as amended)
ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLYASSISTED PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE (Implementingthe 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

Byentering into this Grant Agreement, the Grantee hereby agrees that:

I. As a conditionto receiving any Federal financial assistance from the U.S. Department of Transportation, Grantee will comply with: Title VI ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d-2000d-4; all requirements imposed by orpursuantto: 49 CFR Part 21, Nondiscriminationin Federally-Assisted Programs oftheDepartment of Transportation--Effectuation ofTitle VI ofthe Civil Rights Act of 1964; and otherpertinent directives so that no person in the United States shall, onthe grounds ofrace, color, national origin, be excluded from participation in, be denied the benefits of, orbe otherwise subjected to discrimination under anyprogram oractivity for which the Grantee receives Federal financial assistance from the DepartmentofTransportation. This assurance is required by 49 CFR § 21.7(a).
2. As a condition to receiving any Federal financial assistance from the U.S. Department of Transportation, Grantee will comply with: Title IX ofthe EducationAmendments of 1972, as amended, 20 U.S.C. §§ 1681-1683, 1685-1687, and DOTregulations, "Nondiscriminationon the Basis ofSex in Education Programs orActivities Receiving Federal Financial Assistance," 49 CFR Part 25, which prohibit discrimination onthe basis ofsex. As a conditionto receiving any Federal financial assistance from the U.S. Department of Transportation, it will comply with: the AgeDiscriminationAct of 1975, as amended (42 U.S.C. § 6101 et seq.), the DrugAbuse Office and TreatmentAct of 1972, as amended (21 U.S.C. § 1101 et seq.), the ComprehensiveAlcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended (42 U.S.C. § 4541 et seq.); and any othernondiscrimination provisions in the specific statute(s) under which application for Federal assistance was made; and the requirements ofany other nondiscrimination statute(s) which may apply to the Grantee.
3. /\sacondition to receiving any Federal financial assistance from the Department of Transportation, it will comply with: section 504 ofthe Rehabilitation Act of 1973, as amended. (29 U.S.C. §794); and all requirements imposed by orpursuant to 49 CFRPart 27,**~ondiscrimination** on the Basis ofHandicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance: Part 37, Transportation Services forIndividuals With Disabilities; and Part 38, Americans With Disabilities Act- Accessibility Specifications for Transportation Vehicles; and otherpertinent directives so that no otherwise qualified person with a disability, be excluded from participation in, be denied the benefits of, be discriminated against by reason ofsuch handicap, orotherwise be subjected to discrimination under any program for which the Grantee receives Federal financial assistance from the Department ofTransportation. This assurance is required by 49 CFR §27.9.
4. The Grantee will promptly take any measures necessary to effectuate this Agreement. The Grantee further agrees that it shall take reasonable actions to guarantee that it, its contractors and subcontractors subject to the Department ofTransportationregulations cited above, transferees, and successors in interest will comply with all requirements imposed orpursuant to the statutes and Department ofTransportationregulations cited above, otherpertinent directives, and the above assurances. 5. These assurances obligate the Grantee for the period during which Federal financial assistance is extended. The Grantee agreesthat the United States has a right to seekjudicial enforcement with regard to any matter arising under the statutes and Departmentof Transportation regulations cited above, otherpertinent directives, and the above assurances.
6. These assurances are given for the purpose ofobtaining Federal grant assistance underthe Alternate Essential Air Service Program and are binding on the Grantee, contractors, subcontractors, transferees, successors in interest, and all otherparticipants receiving Federal grant assistance in the Alternate Essential Air Service Program. The person orpersons whose signatures appear beloware authorized to sign this Agreement on behalfofthe Grantee.
In additionto these assurances, the Grantee agrees to file: a summary ofall complaints filed against it withinthe past yearthat allege violation(s) by the Recipient ofTitle VI ofthe Civil Rights Act of 1964, as amended, section 504 ofthe Rehabilitation Act of 1973, as amended; or a statement thatthere have been no complaints filed against it. The summary should include the date the complaint was filed, the nature ofthe complaint, the status oroutcome ofthe complaint (i.e., whether it is still pending or howit was resolved).

### Si~nature ofAuthorized Grant Recipient Official

### May~ 

### 2012 DateOFFICE OF THE SECRETARY OF TRANSPORTATION
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS
-- PRIMARY COVERED TRANSACTIONS 2 C.F.R. Part 1200, 49 C.F.R. Part32
By entering into this GrantAgreement, the Grantee is providing the assurance and certification set out below. 1. The inability ofa personto provide the certificationrequired below will not necessarily result in denial ofparticipation in this covered transaction. The prospective participant shall submit an explanation ofwhy it cannot provide the certification set out below. The certification orexplanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure ofthe prospective primary participant to furnish a certification oran explanation shall disqualifY suchperson from participation in this transaction. 2. The certification in this clause is a material representation offact upon which reliance was placed when the department or agency determined to enter into this transaction. Ifit is later determined that the prospectiveprimaryparticipantknowingly rendered an erroneous certification, in addition to otherremedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 3. The prospectiveprimary participant shall provide immediate written notice to the department or agencyto which this proposal is submitted ifat any time the prospective primary participant learns that its certification was erroneous when submitted orhas become erroneous by reason ofchanged circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lowertiercovered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarilyexcluded, as used inthis clause, have the meanings set out in the Definitions and Coverage sections oftherules implementing Executive Order 12549. See Nonprocurement Suspension and Debarment (2 CFRPart 1200) and Government wide Requirements for Drug-Free Workplace Grants (49 CFR Part 32). The prospective primaryparticipant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall notknowingly enter into any lowertier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department oragency entering into this transaction. 5. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled ''Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lowertier covered transactions and in all solicitations for lowertier covered transactions.6. A participant in a covered transaction may rely upon a certification ofa prospective participant in a lowertier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, orvoluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility ofits principals. Each participant may, but is not required to, check the List ofParties Excluded from Federal Procurement and Non-procurement Programs. 7. Nothing contained in the foregoing shall be construed to require establishment ofa system ofrecords in orderto renderin good faith the certificationrequired bythis clause. The knowledge and informationofaparticipantis not required to exceed that which is normallypossessed by a prudent person in the ordinary course ofbusiness dealings. 8. Exceptfor transactions authorized underparagraph 6 ofthese instructions, ifa participant in a covered transaction knowingly enters into a lowertiercovered transaction with a person who is proposed for debarment under48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, orvoluntarily excluded from participation in this transaction, in additionto otherremedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters-

- Primary Covered Transactions I. The prospective primary participant certifies to the best ofits knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, orvoluntarily excludedby any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civiljudgment rendered 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 orcontract under a public transaction; violation of Federal or State antitrust statutes or commission ofembezzlement, theft, forgery, bribery, falsification or destruction ofrecords, making false statements, orreceiving stolen property; (c) Are not presently indicted for orotherwise criminally orcivilly charged bya governmental entity (Federal, State orlocal) with commission ofany ofthe offenses enumerated in paragraph ( 1 )(b) ofthis certification; and (d) Have not within a three-yearperiod preceding this application/proposal had one or more public transactions (FederaL State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certifY to any ofthe statements in this certification, such prospective participant shall attach an explanation to this proposal.Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
-- LowerTier Covered Transactions By entering into this Grant Agreement, the Grantee is providing the assurance and certification set out below. 1. The certification in this clause is a material representation offact upon which reliance was placed when this transaction was entered into. Ifit is later determined thatthe prospective lowertierparticipantknowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department oragency with which this transaction originated maypursue available remedies, including suspension and/or debarment. 2. The prospective lowertier participant shall provide immediate written notice to the person to whom this proposal is submitted ifat any time theprospective lowertier participant learns that its certification was erroneous when submitted orhad become erroneous by reason ofchanged circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lowertier 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 implementingExecutive Order 12549. You may contact the personto which this proposal is submitted for assistance in obtaining a copyofthose regulations. 4. The prospective lowertierparticipant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall notknowingly enter into any lower tier covered transaction with a person who is proposed for debarment under48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, orvoluntarily excluded from participation inthis covered transaction, unless authorized by the department or agency with which this transaction originated. 5. The prospective lower tierparticipant further agrees by submitting this proposal that it will include this clause titled "CertificationRegarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

-- Lower Tier Covered Transaction," without modification, in all lowertier covered transactions and in all solicitations for lowertier coveredtransactions. 6. A participant in a covered transaction may rely upon a certification ofa prospective participant in a lowertier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, orvoluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility ofits principals. Each participant may, but is not required to, check the List ofParties Excluded from Federal Procurement and Non-procurement Programs. 7. Nothing contained in the foregoing shall be construed to require establishment ofa system ofrecords in orderto render in good faith the certificationrequired by this clause. The knowledge and information ofa participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course ofbusiness dealings.8. Except for transactions authorized underparagraph 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 under48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to otherremedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification RegardingDebarment,**~uspension,** Ineligibility an Voluntary Exclusion
-- Lower Tier Covered Transactions By entering into this Grant Agreement, the Grantee is providing the assurance and certification set out below. 1. The prospective lowertierparticipant certifies, by submission ofthis proposal, that neither it nor its principals is presentlydebarred, suspended, proposed for debarment, declared ineligible, orvoluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tierparticipant is unable to certify to any ofthe statements in this certification, such prospective participant shall attach an explanation to this proposal.

Title 1

Date