GRANT AGREEMENT BETWEEN THE U.S. DEPARTMENT OF TRANSPORTATION AND VICTORIA COUNTY,.IN ASSOCIATION WITH THE COMMUNITY OF VICTORIA, TEXAS, UNDER THE ALTERNATE

ESSENTIAL AIR SERVICE PROGRAM WHEREAS, the Victoria County (hercinafter referred to as the Grantee), in association with theEssential Air Service (EAS) cligible community ofVictoria, Texas, has submitted an application forparticipation in the Allemate Essential Air Service (AEAS) Program and the U.S. Department ofTransportation (DOT) has establishcd almual air service levels and total costs. THEREFORE, DOT, acting forthe UNITED STATES, preSents this Grant Award and Agreement to the Grantee for $4,576,304 forAltemate Essential Air Service atthe community for atwo-year term, ofwhich amount shall be payablc in the amount of$2,288,152 per year, subjcct to the availability of funds. Unless otherwise defined in this Grant Agreement, capitalized terms shall have thc meanings assigned tosuch terms in Section D hereof.

THIS GRANT AWARD ANDAGREEMENT IS MADE ONAND SUBJECT TO THE FOLLOWING TERMS ANDCONDITIONS:
A. GENERAL CONDITIONS
I. The eligibility ofVictoria, Texas, under the AEAS Program, shall be contingent upon its continuing tomeet all ofthe eligibility criteria for inclusion in theEAS Program as dcfined by 49 U.S.C.gg 4J73I-42 and other statutory requirements. 2. The Grantee, inassociation with the community ofVictoria, Texas, will forgo participation in the traditional EAS Program for atwo-year period, begilUling November I, 2014, through October 3I, 2016, cxcept as otherwise prescribed in section B.3.f. 3. The Grantee will contract with aPart 380 indirect air carrier to provide scheduled charter air transportation toAustin-Bergstrom Intcmational Airport (AUS), with continuing service to DallaslFort Worth Intemational Airport (DFW). Initial frequencies are planned for 9round trips per week from Victoria (VCT) to AUS, with 6ofthose round trips operating one-stop to DFW (VCT-AUS-DFW).The maximum obligation ofthe United States reimbursable under this Grant Agreement shall be $4,576,304, ofwhich amount shall be payable in the amount of$2,288,152 per year, subject to the availability of funds. 4. Payment by the United States for AEAS will bemade pursuant to and in accordance with the provisions ofsuch regulations and procedures as DOT may prescribe. 5. The Grantee, including any third parties, shall provide AEAS without undue delays and in accordance witlfthe terms hereof and pursuant to any regulations and procedures as DOT may prcscribe.6. This Grant Award constitutes an obligation ofFederal funding, inthe amount of$2,288, 152per year, subjcct to Iheavailability of funding. This Granl Award shall expirc and the Unitcd Slates shall not beobligated to reimburse any part ofthc costs ofthe project unless the Grantee signs this Grant Agreement on or before November 1,2014, or such subsequent date as may beprescribed inwriling byDOT. Ifthe Grantee makes any substantive changes to Ihis Grant Agreement, such changes shall constitute proposed amendments to this Granl Award and Agreemcnt aridf11l1her action on the part 

### ofDOT isrequired inorder for D'OTto accept such proposed amendments tothe initial Grant Award obligation. 7. Thc Grantec shall take all steps, including litigation, ifnecessary, to recover Fcderal funds when DOT detcrmines, aftcr consultation with the Grantee, thaI such funds have been spclit.fraudulently, wastefully, or.inviolation of Federal laws, or misused inany manner inanyproject upon which Federal funds have beeil expended. For the purposes ofthis Grant Agreement, the term "Federal funds" means funds however used or disbursed by the Grantee that were originally paid pursuant tothis Grant Agreement. 8. The Grantec shall retain all documellls relevant tothe Grant Award and Agreement for aperiod ofseven years after air servicc undertaken pursuant to the Grant Agreement and receipt of final reimbursement from the U.S. Treasury, whichcver is later. IIshall furnish bOT, upon request, all documents and records pertaining tothe determination ofthe amount ofthe Federal funds or to any seulement, litigation, negotiation, or other elTorts laken to recover such funds. All settlements orother final positions ofthe

. Grantec, in court orotherwise, involving the recovery ofsuch Federal funds shall be approved in advance byDOT. 9. The United Slates shall not beresponsible or liable fordamage 10property or injury to persons that may arisc from, orbe incident to; compliance with this Grant Agreement. 10.The Grantee shaHensure complianee with Federal regulations requiring conduct ofaFederally-approved audit ofany expenditure offunds of $500,000 ormore inayear inFederal awards. II. The provisions of49 eFR Pal1 18,including Section 18.36 (DOT's procurement standards for grants), will apply tothe extent that the Grantee proeures property and services incarrying out AEAS.

2B. APPLICATION OF SPECIFIC CONDITIONS
l. Grantcc: Victoria County, as thc Grantcc under the AEAS Program, shall administer Ihe Grant according to thc condilions set forth in this Grant Agreement. Grantee Contact: Honorable Judgc Donald R. Pozzi .County Judge Victoria County 101 N. Bridge Suite 102 Victoria, Texas 77901 Phone: (361) 575-4558 Email: dp07.Zi@vctx.org

2. Purposc: For the Grantee to contract with a Part 380 indirect air carrier to provide scheduled public charter air transportation from the Community to Austin-Bcrgstrom Intcrnational Airport (AUS), or alternate large or medium hub airport designated by the community. The Grant Award will comprise reimbursement ofcosts incurred per complcted flight segment for aperiod of four years, as set forth in Section B.3, below.
3. Alternate Essential Air Service
a. Service will be provided using 19-seat BAE Jetstream 31, or equivalent twin-engine aircraft conducting regularly scheduled public charter flights. b. Equivalent service with substitute aircraft in the event of mechanical problems or other unforeseen circumstances is acceptable. c. Subsidy is to be calculated at $2,284 per completed flight. d. Inthc event ofearly termination cifthe contract with the indirect air carrier by the Grantee, the Grantce shall ilnmediatcly notify DOT whethcr it intends to continue to maintain its link tothe national air transportation system through AEAS by finding anew indirect air carrier to provide the service describcd herein for the remainder of this Grant Agreement's twoyear tcrm or tore.enter the traditional EAS program. The Grantec and the indirect air carrier will agrce to a "hold-in" period while thc Grantee or DOT secures replacement air service. depending on the Grantee's preference to continue the AEAS orrevert to basic EAS.
e. Subjcct to the terms set forth in this Grant Agreement, DOT reservcs the right to terminate the Grant Agrccment, and DOT's obligations hereunder, on 30 days' prior written notice, unless othclWise 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 tennination is in the public interest.

3f. Either parly may seek to amend ormodify this Grant Agreement on 30 days' prior written notiee tothe other party. The Grant Agrccmcnt will bc amcnded or modificd only on mutual written agrecment by both parties. g. At any timc, on 30 days' prior written notice, DOT may terminatc this Grant Agreement. h. Upon lermination or expiration ofthis Grant Agreement, DOT will retain any remaining unliquidated funds.
4. Reimbursement
a. Allowable Maximum: All payments by DOT to thc Grantee for AEAS at the community will be made on areimbursable basis and shall not exceed $2,288,152 per year. b. Start-Up Costs: i. First-year payments by DOT to the Grantec shall include a maximum reimbUl'semenl of $150,000 in start-up costs inculTed for starting the service. Examples of start-up cosls that may be reimbursed include by are not limited to per-service marketing, station start-up costs, and personncltraining. ii. In its agreements with the'carrier, the Grantee will cnsure that if the carrier terminates service during the first year of service under this Agreement, thc carrier shall owe the Grantee a pro-rata portion of the $150,000 start-up costs based on the yearly maximum number of936 flights complctcd (6x/week VC'I:-AUS-DFW x2 directions x 52 weeks =624 departures +3x1week VCT-AUS x 2 directions x 52 weeks = 312 departures).
c. Completed FIight Segments: Such payments shall be based on invoices submitted by the grantec documenting completcd flights and previously agreed upon subsidy-pcr-flight calculations, ($2,284 per completed flight). d. Requirements: i. To reccive reimbursements forcompleted flight segments, the Grantee must first submit to DOT documentary evidence of expcnditures. DOT will review the documenlary evidcnce of expenditures provided by the Grantee and will promptly proccss appropriate reimbursements to the Grantee.
e. DOT will not reimburse the Grantee for any expenses incurred before the execution of this Grant Agreemcnt. f. DOT will not reimburse the Grantee for any expenses incurred after the expiration or termination of this Grant Agreement. g. The Grantee shall ensure that reimbursements providcd by DOT are not misappropriated or misdirected to any other account, need, projcct, lineitem, or the like. h. All requests for reimbursements shall bc made by the Grantee within 60 calendar days of the rclevant expenditlll'cs.
5. Reports: Thc Grantee shall provide quarterly reports of its expenditures to DOT. The reports shall include the following information (by month): (i)

4number of flights scheduled; (ii) number of flights completed; (iii) number of revenue passengers carried (enplanements and deplanements); (iv) total revenue; Quarterly reports are due no later than 15calendar days after the close of each quartcr (e.g. January 15,April .15,July t5, and October 15).
6. Grantee Obligations
a. The Grantee shall, within 15calendar days after their execution, provide DOT with acopy of all agreements exccuted between the Grantee and any air carriers, or other parties related to the Grantee's AEAS. The Grantee shall, within 15 calendar days after execution, also provide DOT with notice of any amendment to, or tellnination of such agreements. The Grantee shall cnsure that all agreements entered into with third parties regarding this grant are consistent with this Grant Agreement and the documents incorporated by reference into the Grant Agreement. b. The Grantec shall ensurc that the obligations set forth in this Grant Agreement are met. Failure to do so may result in termination of the Grant Agreement by DOT.
C. ASSURANCES The Grantee shall execute the attached assurances and certifications (Assurances) in conjunction with its signing ofthis Grant Agrcement and shall ensure its compliance with these Assurances and any amendments or modifications thereto.
D. DEFINITIONS Agreement: Any written contract or obligation between the Grantee and/or all parties identified in the application forAEAS. Application or AEAS Application: The complete document submitted by the Grantee to DOT in Dockets OST-1996-1711 and 2005-20454, including any amendments.
Indirect air carrier: A DOT approved public charter operator authorized to sell air travel directly to the public, that will contract aDOT certified direct air carrier that can'ies an FAA-issued Air Carrier Certificate for the provision of aircraft and associated flight services necessary to provide air passenger scrvice under this agreement. Community: All parties identified in the GratHApplication as participating in AEAS, including the designated Grantee.
DOT: United States Department ofTransportalion.
Execution of Graut Agrccment: Signing of the written Grant Agrecment by DOT and Grantee.

5Grant Agreement: The written agreement between DOT and the Grantee for Alternate EAS, incorporating by reference, except to the extent otherwise inconsistent with the terms ofthe wrillen agreement, the original application filed
on April 10,2014, in Dockets 00T-OST-1996-1711 and 00T-OST-.2005-20454, including any amendments.
Grant Recipient/Grantee: Community receiving Alternate EAS, including the Grantee. Passenger Seat Flown: The number of seats on the aircraft flown under this AEAS Grant Agreement regardless ofwhether there is apassenger in the seat. Party: DOT and/or the Grantee, as the context indicates,
The Alternate Essential Air Service (AEAS) Program: One of Community and Regional Choice Programs originally established under Vision 100-The Century in Aviation Reauthorization Act, P.L. 108-176, and codified in 49 U.S.C. 41745.
Grantee Obligatiolls: Material responsibilities ofthe Grantee under this 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 of the Grant Agreement and fulfillment of the authorized Alternate EAS.

6L

GRANT AWARD
This Grant Award and Agreement is made in accordance with 49 U.S.C. 

## SS 41731 and 41745 and is subject to the terms and conditions and the Assurances attached hereto and incorporated herein.

Executed this 

## 2.1;/1.) day of October, 2014.

(SEAL) 

# B:ru'OO~:27~HOO

Susan L. Kurland Assistant Secretary for Aviation and International Affairs

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 

### :27+" day of 

# I2c/-p bel< ,2014.
Victoria County Victoria, Texas

Atte~< 

# tki::

Title: 

### C 

## mot'( CLe ~

## K. B Signature ofGrnntcc's Dc g (cd Official RepreseilulIi\'c 

## !Jt,n<>.L.d 

## R. fo "2 '"2./' Printed Name 

# c."' ..•. ..,t¥ Jl}..c/

# re Title

7GRANT ASSURANCES
TITLE VI ASSURANCE (Implementing Title VI of the Civil Rights Act of 1964, as amcnded)
ASSURANCE CONCEUNING NONDISCUIMINATION IN FEDERALLY-ASSISTED PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE (Implementing the Rehabilitation Act of 1973, as amended, and the Americans With Disabilities Act, as amended)
49 C.F.R

..Parts2I, 25, 27, 37 and 38

The United States Department ofTl'llnsportation (uSDOT)
Standard Title VI/Non-Discrimination Assul'anccs

DOT Order No. 10S0.2A

By signing and submitting the Grant Application and by entering into the Grant Agreement under the Alternate Essential Air Service Program (AEAS), the Grantee (also herein referred to as the "Recipient"), HEREBY AGREES THAT, as acondition to receiving any Federal financial assistance from the U.S. Department ofTransporIation (DOT), the Grantee is subject to and will comply with the following: StatutorylRegulatory Authorities

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 

## S 2000d ~t seq., 78 Stat. 252), (prohibits discrimination on the basis ofrace, color, national origin);

• 49 C.F.R. Part 21 (entitled Non-discriminationInFederally-AssistedPrograms a/The Departmenta/Transportation-Effectuation O/Title VIa/The CivilRightsAct 0/ 1964);

• 28 C.F.R. Section 50.3 (U,S. Department ofJustice Guidelines for Enforcement ofTitle VI of the Civil Rights Act of 1964);
The preceding statutory and regulatory ciles hereinatler are referred to as the "Acts" and "Regulations," respectively.General Assurances

Inaccor4ance with the Acts, the Regulations, and other pcrtinent dircctivcs, circulars, policy, memoranda, andlor guidance, thc Recipient hereby gives assurancc that itwill promptly take any measurcs necessary to ensurc that:
"Noperson in the United States shall, on the grollnds o/race. color, 01'national origin, be excilldedji'omparticipation in. be denied the benefits of. 01'be otherwise sllbjected to discrimination lindeI'anyprogram 01'activity. "/01' which the Recipient receives Federalfinancial a.I'sistance ji'om DOT.
The Civil Rights Restoration Act of 1987 clarified the original intent ofCongrcss, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 ofthe Rehabilitation Act of 1973), byrestoring the broad, institutional-wide scope and coverage ofthese non-discrimination statutes and requiremcnts to include all programs and activitics ofthc Recipient. so .longas any portion of the program is Federally assisted. Specific Assurances
More specifically, and without limiting the above general Assurance. the Recipicnt agrees with and gives thc following Assurances with respcct to its Fcderally assisted AEAS Program:
I. The Recipient agrees that each "activity," "facility," or "program," as defined in

## SS 21.23 (b) and 21.23 (e) of49 C.F.R. 

## S21 will be (with regard to an "nctivity") facilitated, or will be (with rcgard to a "facility") opcrated, or will be (with regard to a "program") conducied in compliancc with all rcquiremcnts imposed by, or pursuant to the Acts and the Regulations.

. 2. The Recipicnt will insert the following notification inall solicitations for bids. Requests For Proposals for work, or material subject 10 the Acts and the Regulations made in connection with the AEAS Program and, in adapted fonn, in all proposals for negotiated agreements regardless offunding source: 

### "'l'lw Grantee, in accordance with theprovisions o/Title Vio/the CiVilRights Act 0/1964 (78 Stat. 252. 42 U.s.c. 

## H2000d to 2000d-4) and the Reglliations, hereby notifies all bidders that itwill affirmatively enslire that any contract entered intop"rs"antto this ad"ertisement, disac/l'antaged bllsiness enterprises will be afforded/1I11 and/air opportunity to sllbmit bids in response to this invitation and will not be discriminated against on the grollnds o/race, color, 01' national origin in considert/tion/ol' an award."
3. The Recipicnt \vill insert the clauses ofAppendix A and E ofthis Assurancc inevery contract or agreement subject to the Acts and the Rcgulations.
4. The Recipient will insert the clauses ofAppendix B ofthis Assurancc, as acovenant running wilh the land, in any deed from the United States effecting or recording atransferofrcal properly, slructures, use, or improvements thereon or interest therein to a Recipient.

5. That whcre thc Recipient reccivcs Fcderalfinancial assistance to construct a facility, or part ofa facility, the Assurance will exlend to the entirc facility and facilities operated in conncction therewith.

6. ThaI where the Recipient receives Federal financial assistance in the fornI, or for the acquisition of real propcrty or an interest inreal property, the Assurance will extend to rights to space on, over, or under such properly.
7. TImtthe Recipient will include the clauses sct forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, liccnscs, permits, or similar instnJll1ents entered into by the Recipicnt with other pal1ies:

a. for the subsequent transfer ofreal properly acquired or improved under the applicable activity, project, or program; and

. b. for the construction or use of, or access to, space on, ovcr, or under real property acquircd 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 inthe fonn of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligales the Recipient, or any transferee for the longer of the following periods:

a. the period during which the propel1y is used for apurpose for which thefederal .financial assistance iscxtcndcd, or for another purpose involving the provision of similar services or benefits; or b. the period during which thc Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as arc found by thc Secretary ofTransportation or thc official to whom helshe delegates specific authority to give reasonable guarantee that it, other rccipients, sub-recipients, subgrantecs, contractors, subcontractors, consultants, transferces, successors in interest, and othcr participants of Fcdera! financial assistance under such program will comply with all requiremcnts imposed or pursuanl to thc Acts, the Regulations, and this Assurance.
10.The Rccipient agrees that the United Slates has a right to seekjudicial enforcement with regard to any maller arising undcr the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, the Grantee also agrees to comply (and require any subrecipients, sub-grantecs, contractors, successors, transferccs, and/or assignccs to comply) with all applicablc provisions governing DOT's access torccords, accounts, documents, infommtion, facilities,.and staff. You also recognize thaI you must comply with any program or complianccreviews, and/or complaint investigations conducted by DOT. You must keep rccords, reports,

and submit the matcrial for review upon request toDOT, or its designec in atimely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requircmcnts, as prescribed by law ordetailed inprogram guidance.
Thc Grantee gives this ASSURANCE inconsideration ofand forobtaining any Federal grants, loans, contracts, agrcements, property, and/or discounts, orother Federal-aid and Fedcral financial assistanec extended after thc date hereof to the recipients by the U.S. Department of Transportation under the AEAS program. This ASSURANCE is binding on the Grantee, other recipients, sub-rccipients, sub-grantees, contractors, subcontractors and their subcontractors, transferees, successors in interest, and any other pa'1icipants inthe AEAS Program.
APPENDIX A During theperformance of this contract, the contractor, foritself, its assignees, and successors in intcrest (hcreinaftcr refcrrcd to as the "contractor") agrccs as follows:
I. Compliance with Rcgulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federallyassistcd programs ofthe U.S. Department ofTransportation, as they may be amcnded fromtime to time, which are herein incorporated by rcference and made apart ofthis contract.
2. Non-discrimination: The contractor, with regard to the work performed by itduring the contract, will not discriminate on the grounds ofracc, color, or national origin inthc selection and retention of subcontractors, including procurements ofmaterials and leases of cquipment. The contractor will not participate directly or indircctly in the discrimination prohibited by the Acts and the Regulations, including employmcnt practices whcn the contract eovcrs any activity, projcct, or program sct forth in Appcndix Dof49 C.F.R. Part 21.
3. Solicitations for Subcontracts, Including Procurcmcnts ofMaterials and Equipment: Inall solicitations, cithcr by compctitive bidding, orncgotiation made by the contractor for work to bc performcd undcr asubcontract, including procurcmcnts of materials, or leases ofequipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds ofrace, color, or national origin.
4. Information and Reports: The contractor will provide all information and repOl1s required by the Acts, the Regulalions, and directives issued pursuant thereto and will permit access to its books, rccords, accounts, other sources of information and its facililics liSmay be determined by the Rccipient orDOT to bepertincnt to ascertain compliance with such Acts, Regulations, and instl1lctions. Where lInyinformation required ofa contractor is inthe exclusive possession ofanother who fails or refuses to furnish the information, the contractor will so certify to the Recipient or DOT, as appropriate, and will set forth what efforts ithas made (0 obtain the information.5. Sanctions for Noncompliance: In the event ofacontractor's noncompliance with the Non-discrimination provisions ofthis contract, the Rccipient will impose such contract sanctions as it or DOT may determine to be appropriate, including, but not limited to:

a. withholding payments tothe contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending acontract, .inwhOleor inpart.
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 dircctives issued pursuant thercto. The contractor will take action with respect to any subcontract orprocurement as the Recipient orDOT may direct as ameans ofenforcing such provisions including sanctions for noncompliance. Provided, that ifthe contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because ofsuch direction, the contractor may request the Recipient (0enter into any litigation to protect the interests of the Reeipienl. Inaddition, the contractor may request the United States toenter into the litigation toprotect the interests ofthe United States.
APPENDIXB
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included indeeds effecting or recording the transfer ofreal property, stmctures, or improvements thereon, or granting interest therein from the United States pursuant to theprovisions ofAssurance 4: NOW, THEREFORE, the U.S. Department ofTransportation as authorized by law and upon the cOndition that the Grantee will accept title tothe lands and maintain the project constmeted thereon in accordance with and incompliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department ofTransportation, Subtitle A, Office ofthe Secretary, PaI1 21, Non-discrimination inFederally-assisted programs ofthe U.S Department ofTransp0l1ation pertaining to and effectuating the provisions ofTitlc VI ofthe Civil.Rights Act of 1964 (78 Stal. 252; 42 U,S,C. 

## !i2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Grantee allthe right, title and interest oftheU.S. Department ofTransportation inand to said lands dcscribed inExhibit A attached hereto and made 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 ineITectforthe period during which thereal property or stmctures are used for apurpose for which Federal financial assistance isextended or for another purpose involving the provision ofsimilar services orbenefits and will be binding on the Grantee, its successors and assigns.The Grantee. inconsideration ofthe conveyance ofsaid lands and interests in lands, docs hereby

covenant and agree as acovenant running with the land for itself, its successors and assigns, that (I) noperson will on the grounds ofrace, color, ornational origin, be excluded from participation in, bedenied the benefits of. orbe othenvise subjected to discrimination with regard to any facility located wholly or in pal1 on. over, orunder such lands hereby conveyed [.] [and]' (2) that the Grantee will usc the lands and interests in lands and interests inlands so conveyed, incompliance with allrequirements imposed by or pursuant toTitle 49, Code ofFederal Regulations, U.S. Department ofTransportation. Subtitle A. Office ofthe Secretary, Part21, 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 aright 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 inand 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 beused only when it isdetemlined that such aclause is necessary inorder to make clear the purpose ofTitle VI.)
APPENDIXC
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED

UNDER THE ACTIVITY, FACILITY, OR PROGRAM

The following clauses will be included indeeds, licenses. leases, permits, or similar instruments entered into by the Grantee pursuant to theprovisions ofAssurance 7(a):
A. The (grantee, lessee. permittee, etc. as appropriate) forhimself/herself, his/her heirs. personal representatives. successors in interest, and assigns, as apart ofthe consideration hereof, does hereby covenant and agree [inthe case ofdeeds and leases add "as acovenant numing with the land"] that:
I. In the event facilities are constructed, maintained, orothenvise operated on the property described in this (deed, license, lease, permit. etc.) forapurpose for which n U.S. Department ofTransportation activity, facility, orprogram is extended or for another purpose involving the provision ofsimilar services orbenefits, the (grantee, licensee, lessee, permittee. etc.) will maintain and operate such facilities and services incompliance with all requirements imposed by the Acts and Regulations (as may be amended) such thatno person on the grounds ofrace, color, or national origin, will be excluded from pnt1icipation in, denied the benefits of, orbe othenvise subjected to discrimination in the use ofsaid facilities. B. With respect to licenses. leases, permits, etc., in the event ofbreach ofany ofthe above Nondiscrimination covenantS, Grantee will have the right to terminate the (lease, license, permi!, etc.) and to enter, re-enter. and repossess said lands and facilities thereon, and hold the same as ifthe (lease, license, pemlit. etc.) had never been made or issued. 0C. With respect to adeed, in the event ofbreach ofany ofthe above Non-discrimination

covenants, the Grantee will havc the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest inand becolile theabsolute property ofthe Grantee and itsassigns.- (-Reverter clause and related language to beused only when itis determined that such aclause is necessary tomake clear the purpose ofTitle VI.)
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED

UNDER THE ACTIVITY, FACILITY OR PROGRAM

The following clauses will be includcd indeeds, licenses, pennits, or similar instmments/agreements entered into by Grantce pursuant totheprovisions ofAssurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) forhimself/herself, hislher heirs, personal representatives, successors in interest, and assigns, as apart of the consideration hereof, does hereby covenant and agree (in the case ofdeeds and leases add, "as acovenant mIming with the land") that (l) no person on the ground ofrace, color, ornational origin, will beexcluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the usc ofsaid facilities, (2) that in the eonstmction ofany improvements Oll, over, or under such land, and the furnishing ofservices thereon, no person on the ground ofrace, color, ornational origin, will be cxcluded from participation in, denied the benefits of, orotherwise be subjected todiscrimination, (3) that the (grantee, licensec, lessee, pennittee, etc.) will use thepremises incompliance 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.), inthc event ofbreach ofany ofthe above Non-discrimination covenants, Grantee will have theright to terminate the (license, pennit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thcreon, and hold the same as if said (license, pennit, etc., as appropriate) had never been made or issued.-
C. Withrespect to deeds, inthe event ofbreach ofany ofthe above Non-discrimination covenants, Grantee will there upon revert to and vest inand become the absolute property of Grantee and its assigns.- (-Reve'1er clause and related language to beused only when it isdetennined that such aclause is necessary tomake clear the purpose ofTitle VI.)APPENDIXE

During the perfonnancc of this contract, the contractor, for itself, its assignecs, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pel'tincnt Non-Discrimination Authoritics:

•
. Title VI of the Civil Rights Act of .1964(42 U.S.C. 

## 9 2000d elseq., 78 Stat. 252), (prohibits discrimination on the basis ofracc, color, national origin); and 49 C.F.R. Pmi 21.

o Thc Unifonll Relocation Assistance and Rcal Property Acquisition Policies Act of 1970, (42 U.S.C. 

## 9 460 I), (prohibits unfair treatment ofpersons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Federal-Aid Highway Act of 1973, (23 U.S.C. 

## 9 324 elseq.), (prohibits discrimination on the basis of sex);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 

### 9 794 elseq.), as amended, (prohibits discrimination on the basis ofdisability); and 49 C.F.R. Part 27;

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. 

## 9 6101 el seq.), (prohibits discrimination on the basis ofage);

• AirpOli and Airway Improvement Act of 1982, (49 U.S.C. 

## 947/, Section 47/23), as amendcd, (prohibits discrimination based on race, crecd, color, national origin, or sex, and is in addition to Titlc VI of thc Civil Rights Act of 1964);

• The Civil Rights Restoration Act of 1987, (PL 100-259), (Droadened thc scope, coverage and applicability ofTille VI ofthe Civil Rights Act of 1964, Thc Agc Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding thc definition of the terms "programs or activities" to include all of the programs or activities ofthe Fedcral-aid recipients, sub-recipients and contractors, whether such programs or activities arc Fcdcrally funded or not);

• Titles II and III ofthc Americans with Disabilitics Act, which prohibit discrimination on the basis of disability in thc opcration ofpublic entities, public and private transportation systems, places ofpublic accommodation, and celiaintesting entities (42 U.S.C. 

## gg 12131

- 12189) as implemented by Department ofTransportation regulations at 49 C.F.R. Palis 37 and 38;

• The Federal Aviation Administration's Non-discrimination statute (49 U.S.c. 

## 9 47123) (prohibits discrimination on the basis ofrace, color, 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 activitics with dispropoliionately high and adverse human health or cnvirorunental effects on minority and low-income populations;

• Executive Order /3 I66, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination becausc oflimited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable sleps to ensurc that LEP pcrsons have meaningful access toyour programs (70 Fed. Reg. at 74087 to 74100);• Titlc IX ofthc Education Amendments of 1972, as amended, which prohibits you from discriminating because ofsex ineducation programs oractivities (20 U.S.C. 

## g 1681 el seq).


# ~~tfR, 

# 17

,; Signature } Date 

### LO-27-lY
COl.ll)i'{ IV\&1~ Title hDtlgL.(, 

# 1-10"2-,.1, CdtUl1-'t ci=' 

### r,I;.c.ja(C/9. Grant RecipientUNITED STATES OF AMERiCA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY OFFICE OF AVIATION ANALYSIS
CERTIFICATION IlEGARDING INFLUENCING ACTIVITIES

Certification forContracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, tothe best ofhis or herknowledge and belief, that: (l) No Federal appropriated funds have been paid or will bepaid, byor on behalf ofthe undersigned, to any person for inOuencing orattempting to influence an officer oremployee ofany agency, aMember ofCongress, an officer oremployec ofCongress, or an employee ofaMember ofCongress in connection with the awarding ofany Federal contract, the making ofany Federal grant, themaking ofany Federal loan, the entering into ofany cooperative agreement, and the extension, continuation, rencwal, amendment, or modification ofany Federal contract, grant, loan, orcooperative agreement. (2) Ifany funds other than Federal appropriatcd funds have been paid or will be paid to anyperson for inOuencing or attempting to influence an officer oremployec ofany agency, aMember of Congress, an officer or employee of Congress, or anemployee ofa Member ofCongress in connection with this Federal contract, grant, loan, orcooperative agreement, the undersigncd shall completc and submit Standard Fonn-LLL, "Disclosure Form to Report Influencing Activities," in accordance with its .instructions. (3) Thc undersigned shall require that thc language ofthis certification be includcd inthe award documents forall 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 amaterial representation offact upon which reliance was placed when this transaction was made orentered into. Submission ofthis certification is aprerequisite formaking orentering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails tofile the rcquired certification shall be subject to acivil penally of not less than $10,000 and nol more than $100,000 for each such failure.



## c..oc..Lniy Title 

# si2~1~ .Od#(' ,r",J.'j'e Date IO-2..7-/Y

~OO> L"\ 

## r<.(1.-')"'2- ?-

# r Grant Recipient 'UNITED STATES OF AMERICA DEPAUTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY OFFICE OF AVIATION ANALYSIS
CERTIFICATION REGARDING DRUG-I'REE WORKPLACE REQUIREMENTS INTHE PERI'ORMANCE OF ALTERNATE ESSENTIAL AIR SERVICE PROGRAM PURSUANT TO GRANT

AWARD UNDER THE ALTERNATE ESSENTIAL Am SERVICE PROGRAM A. The grantrecipient certifies that it will, or will continue, toprovide adrug-free workplace by: (a) Publishing astalemenl notifying employees thatlhe unlawful manufacture, dislribution, dispensing, possession or usc ofacomrolled subslance is prohibited inthe grant recipient's workplace, and specifYing the aclions that will be taken against employees forviolation of such prohibition; (b) Establishing 3n ongoing drug-free awareness program to inform employees about-- (I) The dangers ofdrug abuse inIhe workplace; (2) The grantrecipient's policy of maintaining adrug-free workplace; (3) Any available drug counseling, rehabilitation, andemployee assistanceprograms;and (4) The penalties Ihat may be imposed upon employees for drug abuse violations oeeurring inthe workplace; (c) Making itarequirement thateach employee to be engaged inthe perfonnnnce ofwark supported by the grant award be given acopy ofthe slatemeut required by paragraph (a); (d) NotifYing Iheemployee in the slatement required by paragraph (a) that, as acondition of employment supported by the grant award; the employee will •• (I) Abide bythe terms of Ihe slatement; and (2) Notify theemployer inwriting of his Of her conviction foraviolation of acriminal drug sttltute OCCUlTing inthe workplace no laterthan five calendar days after such conviction; (e) Notifying Iheagency in wriling, within ten ealendar days after receiving notice under paragraph (d)(2) from an employee orotherwise receiving actual notice ofconviction. Employers of convicted employees must provide notice, including position title, to the Omce of Aviation Analysis. Notiee shall include Ihe order number ofthe grant award; (I) Taking one ofthe following actions, wilhin 30 days ofreceiving notice under paragraph (d)(2), with rcspeet to any employee who isso convicted-- (I) Taking appropriate personnel action against stich anemployee. upto and including tennination. consistent wHh Iherequirements ofthe Rehabilitation Act of 1973, as amended, or (2) Requiring such employee to parlicipate satisfactorily inadrug abuse assistance or rehabilitation program approved forsuch purposes by a Federal. State or local health, law enforcement, or other appropriate agency; (g) Making agood failh cfi1J11to continue to maiutain adrug-free workploce Ihrough implementatiou of paragraphs (a), (b), (c), (d), (c) and (I).
B. The grant recipient may, but is not required to, insert inthe space provided below the site for the performance of work dOllcinconnection with the specific grant.
Places ofPerformance (street addressl city, county, stalc, zip code). Forthe provision of air sen'icc pursuant to thc grant award, workplaces include outstations, maintenance sites, headquarters ofllce locations, training sites and any other worksiles where work is performed that is supported by the grant award.

Check ( ] ifthere arcworkplaces on

## me that are not identified here. 

### 16-':).7-1L/ DaleOFFICE OFTHE SECRETARY OFTRANSPORTATJON
CERTIFICA nON REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATfERS .• PIUMARY COVERED TRANSACTIONS

2C.F.R. Pnrt 1200,2C.F.R. Part 180
Instl'llctions for Ccrtification I. Byentering inthe AEAS Grant Agreemcnt and signing below, the Sponsor isproviding the assurance and ecrtification set out bclow. 2. The inability ofaperson to provide the certification requircd below will not necessarily result indenial Ofp8l1icipation inthis covered transaction. The Sponsor shall submit an explanation of why .itcannot provide the certification setout below. The certification orexplanation will be considered inconnection with the department or agency's determination whether to enter into this transaction. Howcver, failure ofthe Sponsor to furnish ace'1ification or an cxplanation shall disqualify such person from participation inthis transaction. 3. The certification inthis clause is amatcrial representation offact upon which rcliancc was placed when thc departmcnt oragency detemlined to enter into this transaction. Ifitis later detemlined that the Sponsor knowingly rendered an erroneous certification, inaddition to other remedies available to the Federal Government, the department oragency may terminate this transaction for cause or default. 4. The Sponsor shall provide immediatc written noticc tothe departmcnt or agcncy to which this proposal is submitted ifat any time the Sponsor learns that itscertification was erroneous when submitted or has become clToneous by reason ofchanged circumstances. 5.The terms covered transaction, debarred, suspended, ineligible, lower tier covered tr8l1saetion, particip8l1t,person, primary covercd transaction, principal, proposal, and voluntarily cxcluded, as used inthis clause, have the me8l1ingssetout in the Definitions and Coverage sections ofthe mlcs implementing Exccutive Order 12549. You may contact the department or agency towhich this proposal isbeing submitted forassistance inobtaining acopy ofthose regulations. 6. The Sponsor agrecs that it shall not knowingly enter into any lower tier covered transaction with aperson who isproposed for debarmcnt, dcbarred, suspended, declared ineligiblc, or voluntarily excluded from participation in this covered transaction pursuant to 2 C.F.R. ParIs J80 or 1200or48 C.P.R. Part 9, Subpat1 9.4, unless authorized by the department oragency entering into this transaction. 7.The Sponsor further agrees that itwill include the clause titled "Ccrtifieation Regarding Debamlent, Suspension, Ineligibility and Voluntary Exclusion .• Lower Tier Covered Transaction," available from the department oragency entering into this covered transaction, without modification, inall lower tier covered transactions and inall solicitations for lower tiel' covered transactions. 

### 8. Apat1icipant inacovered transaction may rely upon acertification ofaprospective participant inalower tier covcred transaction that itisnotproposed fordebarment, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction pursuant to 2 C.P.R. Parts 180or 1200or48 C.F.R. Part 9, Subp8l1 9.4, unless itknows that the certification iscrroneous. A pat1icipant may decide the method and frequency by which itdctemlines the eligibility ofitsprincipals. Each participant may, butis not requircd to, check the List ofParties Excluded from

Federal Procuremcnt and Non-procurement Programs.

. . 9. Nothing contained in the foregoing shall beconstrued to require establishment ofa system of records inorder torender in good faith the certification required by this clause. The knowledge and information ofaparticipant is notrequired to exceed that which isnormally possessed by a prudent person in the ordinary course ofbusiness dealings. 10. Except fortransactions authorized under paragraph 6ofthese instructions, ifaparticipant in acovered transaction knowingly enters into alower tier covercd transaction with aperson who is proposed fordebarment, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction pursuant to 2C.F.R. Parts 180or 1200 or48 C.F.R. Part 9, Subpart 9.4, illaddition to other remedies available to the Federal Government, the department oragcllcy may terminate this transaction forcause or default. Certification Regarding Debarmcnt, Suspcnsion, and Othcr RCSpOilsibility Mattcrs

__ Primary Covcl'cd Transactions (I) The Sponsor cel1ifics to the best ofits knowlcdge and belief, that itand .itsprincipals: (a) Are notpresently debarred, suspended, proposed fordebarment, declared ineligible, or voluntarily excluded by any Federal dep8l1ment oragency; (b) Have not within a three-year period preceding this Grant Agreement been convicted oforhad aciviljudgment rendered against them for commission offraud oracriminal offense in connection with obtaining, attempting to obtain, orperforming apublic (Federal, State or local) transaction orcontract under apublic transaction; violation ofFederal or State antitrust slalules or commission ofembezzlement, theft, forgery, bribery, falsification or des!lUction ofrecords, making false stalements, or receiving stolen Jlroperty; (c) Are notpresently indicted foror otherwise criminally orcivilly charged by agovernmenial entity (Federal, State or local) with commission ofany ofthe offenses enumerated inparagraph (I)(b) oflhis certification; and (d) Have not within athree-year period preceding this Grant Agreemenl had one or more public transactioitS (Federal, State or local).tenninated for cause or default. (2) Where the Sponsor is unable tocertify to any ofthe statements in this cel'lification, stich Sponsor shall attach an explanation to this proposal. 

# 9f1(jJlttf

# rJ.'1'/ C,"ot, bF I&dKR,'" Name Affiliation



## c 0 l.:\ 

### rd- '{ Title Date 1f)/)7-/'IOFFICE OF THE SECRETARY OF TRANSPORTATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

--LOWER TIER COVERED TRANSACTIONS Insh'uctions fOI'Ce,.tification I. Byentcring into thc AEAS Grant Agrcemcnt and signing below, the Sponsor is providing thc assurance and certification setout below. 2. The certification required by aprospective lowcr tier participant is amaterial rcprescntation offact upon which reliance isplaced when atransaction isentered into. If itis later detcrmined that the prospective lower tierparticipant knowingly rendered an erroneous certification, in addilion to other remedies available tothe Federal Govenmlent the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debannent. 3. The prospective lower tier participant shall provide immediate written notice to the person towhich the certification is submilled ifat any time the prospective lower tier patiicipantlearns that its ccrtification was erroneous when submilled or had become erroneous by rcason ofchanged circumstances. 4. 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 meaning set out in the Definitions and Coverage sections ofrulcs implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance inobtaining acopy ofthose regulations. 5. The prospective lower tier participant shall agree that, should the proposed covered transaction be cntered into, itshall not knowingly enter into any lower ticr covered transaction wilh aperson who isproposed for debamlent, debarred, suspended, declared ineligible, or voluntarily excluded from participation inthis covered transaction pursuant to 2C.F.R. PRlis 180 or J200 Or48 C.F.R. Pari 9, Subpart 9.4, unless authorized by the depatiment or agcncy with which this transaction originated. 6. The prospective lower tier patiicipant shall further agree that itwill include this c1ausc titled "Certification Regarding Debanncnt, Suspension, Ineligibility atld Voluntary Exclusion

-- Lowcr Tier Covered Transaction," without modification, inall lower tier covcred transactions and inall solicitations for lower tier covercd transactions. 7.Aparticipant in acovered transaction may rely upon acertification ofa prospective participant inalower tier covered transaction that itisnot proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation inthe covered transaction pursuant to 2 C.F.R. Parts 180or 1200or 48 C.F.R. Pari 9, Subpart 9.4, unlcss itknows that the certification is erroneous. Aparticipant may decide the method and frequency by which itdetennines the eligibility of ils principals. Each participant may, bul is not required 10,check the List of Parties Excluded from Fedcral Procurcment and Non-procurement Programs.8.Nothing contained inthe foregoing shall beeonsltued toreqnire establishment ofa

system ofrecords inorder torender ingood faith the eertifiealion reqnired by this clause. The knowledge and information ofaparlieipant isnot required toexceed that which is normally possessed by aprudent person inthe ordinary course ofbusiness dealings. 9.Except fortransaetions authorized underparagrallh 5ofthese instructions, ifa participant inacovered transaction knowingly enters into a lower tier coyered transaelion with aperson who isproposed for debarment, debarred, suspended, declared ineligiblc, or voluntarily excludcd from parlicipation in the covered transaction pursuant to 2 C.F.R. Parts 180or 1200 or 48 C.F.R. Pm1 9, Subpru1 9.4, in addition to othcr remedies availablc totheFederal Government, the department oragency wilh which this transaction originated may pursue available rcmedies, including suspension andlor debarment. Certification Regarding Dcbarmcnt, Suspension, Incligibility an Voluntary Exclusion

0- Lower' TicI' Covcred Tmnsactions By entering into the AEAS Grant Agreement and signing below, the Sponsor isproviding the assurance set forth in paragraphs (1) and (2) below. (J) The Sponsor shall ensure thaI any prospective lower tierparticipant certifies that neither itnor its principals ispresently debarred, 'suspended, proposed fordebarnlent, declared ineligible, or voluntarily excluded from participation in the Granl Project by any Federal deparlment oragency. . (2) Where theprospcctivc lower tierparticipant is unable to certify to any ofthe statements in the certification, the Sponsor shall ensure Ihat such lower tierprospective particip tattaches an explanation to the cer1ifieation.

COl{

# n+'t TL\.d. 

# 1C Title



### t 0~

### '27- /l{ Date