HomeMy WebLinkAboutResolutions - 2023.03.23 - 38075
AGENDA ITEM: Acceptance of PTK Airport Rescue Grant - American Rescue Plan Act (ARPA)
DEPARTMENT: Economic Development - Aviation and Transportation
MEETING: Board of Commissioners
DATE: Thursday, March 23, 2023 9:30 AM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-2607 _ 23-45
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Grant Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
Michigan Department of Transportation, acting as a FAA Block Grant Program Participant awarded
this grant to Oakland County International Airport, in the amount of $148,000, in response to the
financial impacts of the coronavirus disease 2019 pandemic. Funds shall be applied for in
accordance with the FAA's Revenue Use Policy.
POLICY ANALYSIS
This is a request for the acceptance of grant funds in the amount of $148,000 from the Michigan
Department of Transportation (“MDOT”) Grant Contract No. 3-26-SBGP-132-2022; Subgrant PTK-
13222 for Federal Funds intended to stabilize airports impacted by the Coronavirus (COVID)
pandemic. The funds are for the reimbursement of operational costs for airport funds that can
traditionally be used per FAA Revenue Use Policy and have incurred since January 20, 2020. The
grant period is four (4) years from the date of acceptance.
The Airport Committee has reviewed the grant agreement and recommends acceptance. The Grant
Review Process has been completed. The acceptance of this grant does not obligate the County to
any further commitment. A local match is not required. On final approval, the BOC authorizes the
Board Chair to execute the grant agreement and all related documents. A budget amendment is not
required.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Cheryl Bush, Manager Aviation & Transportation
ITEM REVIEW TRACKING
Yolanda Smith Charles, Board of Commissioners Created/Initiated - 3/23/2023
David Woodward, Board of Commissioners Approved - 3/23/2023
Hilarie Chambers, Executive's Office Approved - 3/24/2023
Lisa Brown, Clerk/Register of Deeds Final Approval - 3/27/2023
AGENDA DEADLINE: 03/23/2023 11:04 AM
ATTACHMENTS
1. Grant Review Sign-Off - ARPA PTK
2. Pontiac-Oakland Co. ARPA (PTK-13222) certified
COMMITTEE TRACKING
2023-03-15 Economic Development & Infrastructure - Recommend and Forward to Finance
2023-03-15 Finance - Recommend to Board
2023-03-23 Full Board - Adopt
Motioned by: Commissioner Michael Gingell
Seconded by: Commissioner Janet Jackson
Yes: David Woodward, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine
Long, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson (14)
No: None (0)
Abstain: None (0)
Absent: William Miller III, Michael Spisz, Gary McGillivray, Ajay Raman (4)
Passed
March 23, 2023
RESOLUTION #2023-2607 _ 23-45
Sponsored By: Yolanda Smith Charles
Economic Development - Aviation and Transportation - Acceptance of PTK Airport Rescue
Grant - American Rescue Plan Act (ARPA)
Chair and Members of the Board:
WHEREAS the County of Oakland (“the County”) is in receipt of Michigan Department of
Transportation (“MDOT”) Grant Contract No. 3-26-SBGP-132-2022; Subgrant PTK-13222 for Federal
Funds in the amount of $148,000 intended to stabilize airports impacted by the Coronavirus (COVID)
pandemic by reimbursing operational costs for which airport funds can traditionally be used per FAA
Revenue Use Policy and incurred since January 20, 2020; and
WHEREAS the grant reimbursement period is 4 years from the date of acceptance; and
WHEREAS there is no local grant match; and
WHEREAS the Airport Committee has reviewed the Airport Rescue Grant Agreement – American
Rescue Plan Act (ARPA) of 2021 and recommends acceptance.
NOW THEREFORE BE IT RESOLVED the Board of Commissioners authorizes the acceptance of
the award in the amount of $148,000 from the Michigan Department of Transportation for the Airport
Rescue Program which will reimburse Oakland County International Airport for COVID related
operational costs.
BE IT FURTHER RESOLVED that the acceptance of this Agreement does not obligate the County to
any further commitment.
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners
is authorized to execute the grant contract.
BE IT FURTHER RESOLVED that no budget amendment is required.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith
Charles.
Date: March 23, 2023
David Woodward, Commissioner
Date: March 24, 2023
Hilarie Chambers, Deputy County Executive II
Date: March 27, 2023
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2023-03-15 Economic Development & Infrastructure - Recommend and Forward to Finance
2023-03-15 Finance - Recommend to Board
2023-03-23 Full Board - Adopt
Motioned by Commissioner Michael Gingell seconded by Commissioner Janet Jackson to adopt the
attached Grant: Acceptance of PTK Airport Rescue Grant - American Rescue Plan Act (ARPA) .
Yes: David Woodward, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine
Long, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson (14)
No: None (0)
Abstain: None (0)
Absent: William Miller III, Michael Spisz, Gary McGillivray, Ajay Raman (4)
Passed
ATTACHMENTS
1. Grant Review Sign-Off - ARPA PTK
2. Pontiac-Oakland Co. ARPA (PTK-13222) certified
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March
23, 2023, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at
Pontiac, Michigan on Thursday, March 23, 2023.
Lisa Brown, Oakland County Clerk / Register of Deeds
GRANT REVIEW SIGN-OFF – Central Services/Aviation
GRANT NAME: PTK Airport Rescue Grant (American Rescue Plan Act (ARPA)
FUNDING AGENCY: Federal Aviation Administration (FAA) through Michigan Department of Transportation
(MDOT) Office of Aeronautics
DEPARTMENT CONTACT: Cheryl Bush (248) 666-5680
STATUS: Acceptance (Greater than $10,000)
DATE: 02/21/2023
Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments.
The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign-
off and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the
appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Sheryl Johnson (02/15/2023)
Human Resources:
Approved by Human Resources. No position impact. - Heather Mason (02/16/2023)
Risk Management:
Approved – Robert Erlenbeck (02/16/2023)
Corporation Counsel:
Approval – Heather Lewis (02/21/2023)
1
Airport Rescue Grant Agreement
American Rescue Plan Act (ARPA) of 2021
Subgrant # PTK-13222
The Michigan Department of Transportation, acting as a Federal Aviation Administration (FAA)
Block Grant Program Participant, has executed FAA ARPA Grant number 3-26-SBGP-132-2022.
This Block Grant outlines specific requirements, terms, conditions, and assurances required of
the Michigan Department of Transportation and any subordinate grant recipients.
This ARPA Agreement shall convey the specific requirements, terms, conditions, and assurances
contained in FAA ARPA Grant number 3-26-SBGP-132-2022 to
Oakland County, Pontiac/Oakland
hereafter referred to as “the SPONSOR” as a subgrant recipient of funds. FAA ARPA Grant
number 3-26-SBGP-132-2022 is attached to this ARPA Agreement.
The maximum obligation payable to the SPONSOR is $148,000 . The SPONSOR may use these
funds to prevent, prepare for, and respond to the coronavirus disease 2019 (COVID -19)
pandemic. ARPA Grant subgrant recipients shall follow the FAA's Policy and Procedures
Concerning the Use of Airport Revenues ("Revenue Use Policy"), 64 Federal Register 7696 (64
FR 7696), as amended by 78 Federal Register 55330 (78 FR 55330). The Revenue Use Policy
defines permitted uses of airport revenue. In addition to the detailed guidance in the Revenue
Use Policy, the funds received under 3-26-SBGP-132-2022 or any associated subgrants may not
be used for any purpose not related to the airport.
The SPONSOR shall upload each payment request to MDOT’s ProjectWise software. Each
request shall include the following information:
a) 2023 ARPA Operational Funding Reimbursement Request Form
b) Summary Sheet (if multiple items are included)
Once completed payment requests are received, MDOT will review, process, and submit the
request to FAA via the Delphi Invoicing System.
In addition to all specific requirements, terms, conditions, and assurances contained in FAA
ARPA Grant Number 3-26-SBGP-132-2022, the Sponsor shall ensure strict adherence to the
following audit requirements:
1. The SPONSOR will establish and maintain accurate records, in accordance with generally
accepted accounting principles, of all expenses incurred for which payment is sought or made
2
under this Agreement (RECORDS). Separate accounts will be established and maintained for all
costs incurred under this Agreement.
2. The SPONSOR will maintain the RECORDS for at least six (6) years from the date of final
payment made by MDOT under this Agreement. In the event of a dispute with regard to
allowable expenses or any other issue under this Agreement, the SPONSOR will thereafter
continue to maintain the RECORDS at least until that dispute has been finally decided and the
time for all available challenges or appeals of that decision has expired.
3. MDOT or its representative may inspect, copy, scan, or audit the RECORDS at any reasonable
time after giving reasonable notice.
4. If any part of the work is subcontracted, the SPONSOR will assure compliance with sections
(1), (2), and (3) above for all subcontracted work.
5. The SPONSOR agrees that the costs reported to MDOT for this Agreement will represent only
those items that are properly chargeable in accordance with this Agreement which includes the
FAA ARPA Grant number 3-26-SBGP-132-2022 attached to this ARPA Agreement. The SPONSOR
also certifies that it has read the Agreement terms and has made itself aware of the applicable
laws, regulations, and terms of this Agreement that apply to the reporting of costs incurred
under the terms of this Agreement.
6. In the event that an audit performed by or on behalf of MDOT indicates an adjustment to the
costs reported under this Agreement or questions the allowability of an item of expense, MDOT
will promptly submit to the SPONSOR a Notice of Audit Results and a copy of the audit report,
which may supplement or modify any tentative findings verbally communicated to the
SPONSOR at the completion of an audit.
Within sixty (60) days after the date of the Notice of Audit Results, the SPONSOR will (a)
respond in writing to the responsible Bureau of MDOT indicating whether or not it concurs with
the audit report, (b) clearly explain the nature and basis for any disagreement as to a
disallowed item of expense, and (c) submit to MDOT a written explanation as to any questioned
or no opinion expressed item of expense (RESPONSE). The RESPONSE will be clearly stated and
will provide any supporting documentation necessary to resolve any disagreement or
questioned or no opinion expressed item of expense. Where the documentation is voluminous,
the SPONSOR may supply appropriate excerpts and make alternate arrangements to make that
documentation available for review by MDOT in a convenient and reasonable way. The
RESPONSE will refer to and apply the language of the Agreement. The SPONSOR agrees that
failure to submit a RESPONSE within the sixty (60) day period constitutes agreement with any
disallowance of an item of expense and authorizes MDOT to finally disallow any items of
questioned or no opinion expressed cost.
MDOT will make its decision with regard to any Notice of Audit Results and RESPONSE within
one hundred twenty (120) days after the date of the Notice of Audit Results. If MDOT
3
determines that an overpayment has been made to the SPONSOR, the SPONSOR will repay that
amount to MDOT or reach agreement with MDOT on a repayment schedule within thirty (30)
days after the date of an invoice from MDOT. If the SPONSOR fails to repay the overpayment or
reach agreement with MDOT on a repayment schedule within the thirty (30) day period, the
SPONSOR agrees that MDOT will deduct all or a portion of the overpayment from any funds
then or thereafter payable by MDOT to the SPONSOR under this Agreement or any other
agreement or payable to the SPONSOR under the terms of 1951 PA 51, as applicable. Interest
will be assessed on any partial payments or repayment schedules based on the unpaid balance
at the end of each month until the balance is paid in full. The assessment of interest will begin
thirty (30) days from the date of the invoice. The rate of interest will be based on the Michigan
Department of Treasury common cash funds interest earnings. The rate of interest will be
reviewed annually by MDOT and adjusted as necessary based on the Michigan Department of
Treasury common cash funds interest earnings. The SPONSOR expressly consents to this
withholding or offsetting of funds under those circumstances, reserving the right to file a
lawsuit in the Court of Claims to contest MDOT’s decision only as to any item of expense the
disallowance of which was disputed by the SPONSOR in a timely filed RESPONSE.
The Sponsor agrees to comply with all portions of this grant Agreement.
Sponsor:Oakland County
Authorized Sponsor Signatory: __________________________________
Authorized Sponsor Signatory (Printed): _________________________
Date:_______________________________________________________
MDOT Signatory: _____________________________________________
MDOT Signatory Printed: _______________________________________
Date: _______________________________________________________
3-26-SBGP-132-2022
4
WHEREAS, this Airport Rescue State Block Grant is provided in accordance with the American Rescue
Plan Act (“ARP Act”, or “the Act”), Public Law 117-2, as described below, to provide eligible covered
airports in Michigan participating in the SBGP described above, with funding for costs related to
operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at
the airport, and debt service payments;
WHEREAS, this Airport Rescue State Block Grant allocates specific amounts to covered airports, which
are named herein and derived by legislative formula (See Section 7102 of the Act); and
WHEREAS, the purpose of this Airport Rescue State Block Grant is to prevent, prepare for, and respond
to the coronavirus pandemic. Funds provided under this Airport Rescue State Block Grant Agreement
must be used only for purposes directly related to the covered airports and shall be provided to such
covered airports using subgrants, which include the terms, conditions, and assurances attached hereto.
Such purposes can include the reimbursement of an airport’s operational expenses or debt service
payments in accordance with the limitations prescribed in the Act. Airport Rescue State Block Grant
funds may be used to reimburse airport operational expenses directly related to covered airports in
Michigan incurred no earlier than January 20, 2020.
Airport Rescue State Block Grant funds also may be used to reimburse a Sponsor’s payment of debt
service where such payments occur on or after March 11, 2021. Funds provided under this Airport
Rescue State Block Grant Agreement will be governed by the same principles that govern “airport
revenue.” New airport development projects not directly related to combating the spread of pathogens
may not be funded with this Grant. Funding under this Grant for airport development projects to
combat the spread of pathogens will be reallocated using an addendum to this Agreement for identified
and approved projects.
NOW THEREFORE, in accordance with the applicable provisions of the ARP Act, Public Law 117-2, the
representations contained in the Grant Application, and in consideration of (a) the State’s acceptance of
this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment
of the Grant and in compliance with the conditions as herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay 100% percent of the allowable costs incurred as a result of and in
accordance with this Airport Rescue State Block Grant Agreement.
Assistance Listings Number (Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1.Maximum Obligation. The maximum obligation of the United States payable under this Offer is
$2,767,000.
The following amounts represent the calculations of the maximum total obligations per covered
airport available under the provisions of the American Relief Plan Act, Section 7102, and the FAA
State Block Grant Program:
$2,767,000 Non-Primary KW2022
3-26-SBGP-132-2022
5
LOCID Airport Name City
Service
Level Role
Non-Primary
Allocation
ADG Lenawee County Adrian GA Local $32,000
35D Padgham Field Allegan GA Local $32,000
AMN Gratiot Community Alma GA Local $32,000
ARB Ann Arbor Municipal Ann Arbor GA Regional $59,000
Y93 Atlanta Municipal Atlanta GA Basic $22,000
BAX Huron County Memorial Bad Axe GA Local $32,000
BTL W K Kellogg Battle Creek GA Regional $59,000
3CM James Clements Municipal Bay City GA Local $32,000
SJX Beaver Island Beaver Island GA Basic $22,000
ACB Antrim County Bellaire GA Local $32,000
BEH Southwest Michigan Regional Benton Harbor GA Regional $59,000
RQB Roben-Hood Big Rapids GA Local $32,000
6Y1 Bois Blanc Island
Bois Blanc
Island GA Basic $22,000
CAD Wexford County Cadillac GA Local $32,000
CFS Tuscola Area Caro GA Local $32,000
CVX Charlevoix Municipal Charlevoix GA Local $32,000
FPK Fitch H Beach Charlotte GA Local $32,000
SLH Cheboygan County Cheboygan GA Local $32,000
48D Clare Municipal Clare GA Local $32,000
OEB Branch County Memorial Coldwater GA Local $32,000
DET Coleman A Young Municipal Detroit GA Regional $59,000
ONZ Grosse Ile Municipal
Detroit/Grosse
Ile R Local $32,000
C91 Dowagiac Municipal Dowagiac GA Local $32,000
DRM Drummond Island
Drummond
Island GA Basic $22,000
FKS Frankfort Dow Memorial Field Frankfort GA Local $32,000
FFX Fremont Municipal Fremont GA Local $32,000
GLR Gaylord Regional Gaylord GA Local $32,000
GDW Gladwin Zettel Memorial Gladwin GA Local $32,000
3GM Grand Haven Memorial Airpark Grand Haven GA Local $32,000
4D0 Abrams Municipal Grand Ledge GA Local $32,000
GOV Grayling AAF Grayling GA Basic $22,000
6D6 Greenville Municipal Greenville GA Local $32,000
C04 Oceana County Hart/Shelby GA Local $32,000
9D9 Hastings Hastings GA Local $32,000
JYM Hillsdale Municipal Hillsdale GA Basic $22,000
BIV West Michigan Regional Holland GA National $148,000
HTL Roscommon County - Blodgett Memorial Houghton Lake GA Local $32,000
OZW Livingston County Spencer J Hardy Howell R Regional $59,000
3-26-SBGP-132-2022
6
Y70 Ionia County Ionia GA Local $32,000
IWD Gogebic-Iron County Ironwood CS Local $32,000
JXN Jackson County-Reynolds Field Jackson GA Regional $59,000
13C Lakeview-Griffith Field Lakeview GA Local $32,000
D95 Dupont-Lapeer Lapeer GA Local $32,000
LDM Mason County Ludington GA Local $32,000
MCD Mackinac Island
Mackinac
Island GA Basic $22,000
MBL Manistee Co-Blacker Manistee GA Local $32,000
ISQ Schoolcraft County Manistique GA Basic $22,000
77G Marlette Township Marlette GA Local $32,000
RMY Brooks Field Marshall GA Local $32,000
TEW Mason Jewett Field Mason GA Local $32,000
MNM Menominee Regional Menominee GA Local $32,000
IKW Jack Barstow Midland GA Local $32,000
51M
Oscoda County Dennis Kauffman
Memorial Mio GA Basic $22,000
TTF Custer Monroe GA Local $32,000
MOP Mount Pleasant Municipal Mount Pleasant GA Local $32,000
Y47 Oakland Southwest New Hudson R Local $32,000
ERY Luce County Newberry GA Basic $22,000
3TR Jerry Tyler Memorial Niles GA Local $32,000
OGM Ontonagon County - Schuster Field Ontonagon GA Basic $22,000
OSC Oscoda-Wurtsmith Oscoda GA Local $32,000
RNP Owosso Community Owosso GA Local $32,000
1D2 Canton-Plymouth-Mettetal Plymouth R Local $32,000
PTK Oakland County International Pontiac R National $148,000
PHN St Clair County International Port Huron R Regional $59,000
PZQ Presque Isle County Rogers City GA Basic $22,000
D98 Romeo State Romeo R Local $32,000
HYX Saginaw County H W Browne Saginaw GA Local $32,000
Y83 Sandusky City Sandusky GA Local $32,000
LWA South Haven Area Regional South Haven GA Local $32,000
8D4 Paul C Miller-Sparta Sparta GA Regional $59,000
83D Mackinac County St. Ignace GA Basic $22,000
IRS Kirsch Municipal Sturgis GA Local $32,000
HAI Three Rivers Municipal Dr Haines Three Rivers GA Local $32,000
VLL Oakland/Troy Troy R Regional $59,000
Y31 West Branch Community West Branch GA Local $32,000
42C White Cloud White Cloud GA Basic $22,000
$2,767,000
3-26-SBGP-132-2022
7
2.Grant Performance. This Airport Rescue State Block Grant Agreement is subject to the following
Federal award requirements:
a. The Period of Performance:
1. Shall start on the date the State formally accepts this Grant Agreement, and is the date
signed by the last State signatory to the Agreement. The end date of the Period of
Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of
Performance end date shall not affect, relieve, or reduce State obligations and assurances
that extend beyond the closeout of this Grant Agreement.
2. Means the total estimated time interval between the start of an initial Federal award and
the planned end date, which may include one or more funded portions, or budget periods.
(2 Code of Federal Regulations (CFR) § 200.1)
b. The Budget Period:
1. For this Airport Rescue State Block Grant is 4 years (1,460 calendar days) and follows the
same start and end date as the Period of Performance provided in Paragraph a.1. Pursuant
to 2 CFR § 200.403(h), a State or covered airport Sponsor may charge to the Grant only
allowable costs incurred during the budget period.
2. Means the time interval from the start date of a funded portion of an award to the end
date of that funded portion during which the State or covered airport Sponsor is
authorized to expend the funds awarded, including any funds carried forward or other
revisions pursuant to § 200.308.
3. All subawards issued by the State to covered airport Sponsors under this Airport Rescue
State Block Grant Agreement shall be subject to the Budget Period defined in this
Agreement.
c. Close out and Termination.
1. Unless the FAA authorizes a written extension, the State must submit all Grant closeout
documentation and liquidate (pay-off) all obligations incurred under this award no later
than 120 calendar days after the end date of the Period of Performance. If the Sponsor
does not submit all required closeout documentation within this time period, the FAA will
proceed to close out the Grant within one year of the Period of Performance end date with
the information available at the end of 120 days. (2 CFR § 200.344)
2. The FAA may terminate this Airport Rescue State Block Grant, in whole or in part, in
accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or
statutory authorities as applicable.
3.Requirements for Subgrants. The State must include the following in all subgrants issued to
Sponsors under this Airport Rescue State Block Grant and require compliance by the Sponsors of
the covered airports included in this Airport Rescue State Block Grant Agreement:
a. The terms and conditions attached to this Airport Rescue State Block Grant Agreement;
b. The Airport Rescue State Block Grant Assurances and Sponsor Assurances attached to this
Airport Rescue State Block Grant Agreement; and
3-26-SBGP-132-2022
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c. All information required by 2 CFR § 200.332.
4.Unallowable Costs. The State and covered airport Sponsors shall not seek reimbursement for any
costs that the FAA has determined to be unallowable under the ARP Act.
5.Indirect Costs - State and Sponsor. The Sponsor may charge indirect costs under this award by
applying the indirect cost rate identified in the Airport Rescue State Block Grant Application or
subgrant issued to a Sponsor by the State under this Grant Agreement, as accepted by the FAA, to
allowable costs for State and Sponsor direct salaries and wages only.
6.Final Federal Share of Costs. The United States’ share of allowable Airport Rescue State Block Grant
costs is 100% as allocated herein to covered airports.
7.Completing the Grant without Delay and in Conformance with Requirements. The State must
carry out and complete the Airport Rescue State Block Grant without undue delays and in
accordance with this Airport Rescue State Block Grant Agreement, the ARP Act, and the regulations,
policies, standards, and procedures of the Secretary of Transportation (“Secretary”). The State must
require the same of Sponsors in all subgrants issued under this Airport Rescue State Block
Agreement. Pursuant to 2 CFR § 200.308, the State agrees, and will requires Sponsors agree, to
report to the FAA any disengagement from funding eligible expenses under the Airport Rescue State
Block Grant that exceeds three months or a 25 percent reduction in time devoted to the Grant, and
request prior approval from FAA. The report must include a reason for the stoppage. The State
agrees and will require Sponsors agree to comply with the attached assurances, which are part of
this Agreement and any addendum that may be attached hereto at a later date by mutual consent.
These assurances, conditions, and any addendums apply to subgrants issued under this Airport
Rescue State Block Grant as provided for in Condition 3
8.Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or
withdraw this offer at any time prior to its acceptance by the State.
9.Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any
part of the costs unless this offer has been accepted by the State on or before February 15, 2022, or
such subsequent date as may be prescribed in writing by the FAA.
10.Improper Use of Federal Funds. The State and Sponsor must take all steps, including litigation if
necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal
antitrust statutes, or misused in any other manner, including uses that violate this Airport Rescue
State Block Grant Agreement, the ARP Act, or other provision of applicable law. For the purposes of
this Airport Rescue State Block Grant Agreement, the term “Federal funds” means funds however
used or dispersed by the State or Sponsor that were originally paid pursuant to this or any other
Federal grant agreement(s). The State and Sponsor must return the recovered Federal share,
including funds recovered by settlement, order, or judgment, to the Secretary. The State and
Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the
determination of the amount of the Federal share or to any settlement, litigation, negotiation, or
other efforts taken to recover such funds. All settlements or other final positions of the State or
Sponsor, in court or otherwise, involving the recovery of such Federal share require advance
approval by the Secretary.
11.United States Not Liable for Damage or Injury. The United States is not responsible or liable for
damage to property or injury to persons which may arise from, or relate to this Airport Rescue State
Block Grant Agreement and subgrants issued under this Agreement, including but not limited to,
3-26-SBGP-132-2022
9
any action taken by the State or a Sponsor related to or arising from, directly or indirectly, this
Airport Rescue State Block Grant Agreement.
12.System for Award Management (SAM) Registration and Unique Entity Identifier (UEI).
a. Requirement for System for Award Management (SAM): Unless the State or Sponsor is
exempted from this requirement under 2 CFR 25.110, the State and Sponsor must maintain the
currency of its information in SAM until the State and Sponsor submit the final financial report
required under this Airport Rescue State Block Grant, or receive the final payment, whichever is
later. This requires that the State and Sponsor review and update the information at least
annually after the initial registration and more frequently if required by changes in information
or another award term. Additional information about registration procedures may be found at
the SAM website (currently at http://www.sam.gov).
b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a
specific commercial, nonprofit, or governmental entity. A UEI may be obtained from SAM.gov
at https://sam.gov/SAM/pages/public/index.jsf.
13.Electronic Grant Payment(s). Unless otherwise directed by the FAA, the State and Sponsor must
make each payment request under this agreement electronically via the Delphi eInvoicing System
for Department of Transportation (DOT) Financial Assistance Awardees.
14.Air and Water Quality. The State and Sponsor are required to comply with all applicable air and
water quality standards for all projects in this grant. If the State and Sponsor fail to comply with this
requirement, the FAA may suspend, cancel, or terminate this Agreement and any subgrants issued
under this Airport Rescue State Block Grant Agreement.
15.Financial Reporting and Payment Requirements. The State and Sponsor will comply with all Federal
financial reporting requirements and payment requirements, including submittal of timely and
accurate reports.
16.Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 United
States Code (U.S.C.) § 50101, the State and Sponsor will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured goods produced outside the United States to be
used for any project for which funds are provided under this grant. The State and Sponsor will
include a provision implementing Buy American in every contract and subcontract issued under this
Airport Rescue State Block Grant.
17.Audits for Sponsors. (State will select appropriate option for Sponsor in subgrant)
PRIVATE SPONSORS. When the period of performance has ended, the State must require private
Sponsors provide a copy of an audit of any subgrants issued under this Airport Rescue State Block
Grant, prepared in accordance with accepted standard audit practices, to the applicable Airports
District Office or Regional Office.
PUBLIC SPONSORS. The State must require Sponsors provide for a Single Audit or program-specific
audit in accordance with 2 CFR Part 200. The State or Sponsor must submit the audit reporting
package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data
Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the State and
Sponsors shall provide one copy of the completed audit to the FAA.
18.Suspension or Debarment. The State must:
a. Immediately disclose to the FAA whenever the State:
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1. Learns a Sponsor has entered into a covered transaction with an ineligible entity; or
2. Suspends or debars a contractor, person, or entity.
b. Include a provision in all subgrants issued under this Airport Rescue State Block Grant
Agreement that requires Sponsors entering into a “covered transaction” as defined by 2 CFR §
180.200, to:
1. Verify the non-Federal entity is eligible to participate in this Federal program by:
A. Checking the excluded parties list system (EPLS) as maintained within the System for
Award Management (SAM) to determine if the non-Federal entity is excluded or
disqualified; or
B. Collecting a certification statement from the non-Federal entity attesting the entity is
not excluded or disqualified from participating; or
C. Adding a clause or condition to covered transactions attesting the individual or firm is
not excluded or disqualified from participating; and
2. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier
transactions (e.g., subgrants and subcontracts).
c. Insert this clause on suspension or debarment in all subgrants, contracts, and subcontracts that
result from this Airport Rescue State Block Grant and require compliance by all Sponsors
receiving funds under this Agreement.
19.Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging
While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving,
December 30, 2009, the State and Sponsors receiving subgrants under this Grant are
encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers, including policies to ban text messaging while driving when performing any work
for, or on behalf of, the Federal government, including work relating to this Airport Rescue
State Block Grant or subgrant funded by this Grant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as:
A. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
B. Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
b. The State must insert the substance of this clause on banning texting while driving in all
subgrants, contracts, and subcontracts funded by this Airport Rescue State Block Grant.
20.Trafficking in Persons.
a. The State, as the recipient, the State’s employees, and Sponsors using funds provided under
this Airport Rescue State Block Grant, including Sponsors, Sponsors’ employee, and subgrant
recipients’ employees may not –
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1. Engage in severe forms of trafficking in persons during the period of time that this Airport
Rescue State Block Grant Agreement and subgrant agreements are in effect;
2. Procure a commercial sex act during the period of time that this Airport Rescue State Block
Grant Agreement and subgrant agreements are in effect; or
3. Use forced labor in the performance of this Airport Rescue State Block Grant Agreement
and subgrant agreements.
b. The FAA, as the Federal awarding agency, may unilaterally terminate this Airport Rescue State
Block Grant Agreement, without penalty, if the State or a Sponsor that is a private entity –
1. Is determined to have violated a prohibition in paragraph a. of this Airport Rescue State
Block Grant Agreement term; or
2. Has an employee who is determined by the agency official authorized to terminate the
Airport Rescue State Block Grant Agreement to have violated a prohibition in paragraph a.
of this Airport Rescue State Block Grant term through conduct that is either –
A. Associated with performance under this Airport Rescue State Block Grant; or
B. Imputed to any and all Sponsor as subrecipients of funds under this Airport Rescue
State Block Grant using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to
Agencies on Government-wide Debarment and Suspension (Nonprocurement),”as
implemented by the FAA at 2 CFR Part 1200.
c. The State and Sponsors must inform the FAA immediately of any information you receive from
any source alleging a violation of a prohibition in paragraph a. of this Grant condition during
this Airport Rescue State Block Grant Agreement.
d. The FAA's right to terminate unilaterally that is described in paragraph a. of this Grant
condition:
1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. § 7104(g)), and
2. Is in addition to all other remedies for noncompliance that are available to the FAA
under this Airport Rescue State Block Grant.
21.Employee Protection from Reprisal.
a. Prohibition of Reprisals —
1. In accordance with 41 U.S.C. § 4712, an employee of the State, Sponsor, or other
subgrantee may not be discharged, demoted, or otherwise discriminated against as a
reprisal for disclosing to a person or body described in sub-paragraph (a)(2) of this Grant
condition, information that the employee reasonably believes is evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety; or
v. A violation of law, rule, or regulation related to a Federal grant.
2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee
is covered are as follows:
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i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal employee responsible for oversight or management of a grant program
at the relevant agency;
v. A court or grand jury;
vi. A management official or other employee of the Sponsor, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct; or
vii. An authorized official of the Department of Justice or other law enforcement
agency.
3. Submission of Complaint — A person who believes that they have been subjected to a
reprisal prohibited by paragraph a. of this Airport Rescue State Block Grant Agreement
may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for
the U.S. Department of Transportation.
4. Time Limitation for Submittal of a Complaint — A complaint may not be brought under this
subsection more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the
Inspector General’s office are established under 41 U.S.C. § 4712(b).
6. Assumption of Rights to Civil Remedy — Upon receipt of an explanation of a decision not
to conduct or continue an investigation by the Office of Inspector General, the person
submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c).
22.Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the terms
of any Federal grant agreement(s), including all terms and assurances related thereto, that have
been entered into by the State and the FAA and the State and Sponsor prior to the date of this
Airport Rescue State Block Grant Agreement.
23.Face Coverings Policy. The State and Sponsor agree to implement a face-covering (mask) policy to
combat the spread of pathogens. This policy must include a requirement that all persons wear a
mask, in accordance with Centers for Disease Control (CDC) and Transportation Security
Administration (TSA) requirements, as applicable, at all times while in all public areas of the airport
property, except to the extent exempted under those requirements. This special condition requires
the State and Airport Sponsor continue to require masks until Executive Order 13998, Promoting
COVID-19 Safety in Domestic and International Travel, is no longer effective.
SPECIAL CONDITIONS FOR USE OF AIRPORT RESCUE STATE BLOCK GRANT FUNDS
CONDITIONS FOR EQUIPMENT -
1.Equipment or Vehicle Replacement. The State agrees and will require Sponsors agree that when
using funds provided by this Grant to replace equipment, the proceeds from the trade-in or sale of
such replaced equipment shall be classified and used as airport revenue.
2.Equipment Acquisition. The State agrees and will require Sponsors agree that for any equipment
acquired with funds provided by this Grant, such equipment shall be used solely for purposes
directly related to combating the spread of pathogens at the airport.
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3.Low Emission Systems. The State agrees and will require Sponsors agree that vehicles and
equipment acquired with funds provided in this Grant:
a. Will be maintained and used at the airport for which they were purchased; and
b. Will not be transferred, relocated, or used at another airport without the advance consent of
the FAA.
The State agrees and will require Sponsors further agree to that it will maintain annual records on
individual vehicles and equipment, project expenditures, cost effectiveness, and emission
reductions.
CONDITIONS FOR UTILITIES AND LAND -
4.Utilities Proration. For purposes of computing the United States’ share of the allowable airport
operations and maintenance costs, the allowable cost of utilities incurred by the State or Sponsor,
as applicable, to operate and maintain airport(s) included in this Airport Rescue State Block Grant
must not exceed the percent attributable to the capital or operating costs of the airport.
5.Utility Relocation in Grant. The State understands and agrees, and will require Sponsors
understand and agree that:
a. The United States will not participate in the cost of any utility relocation unless and until the
State or Sponsor, as applicable, has submitted evidence satisfactory to the FAA that the State
or Sponsor is legally responsible for payment of such costs;
b. FAA participation is limited to those utilities located on-airport or off-airport only where the
State or Sponsor, as applicable, has an easement for the utility; and
c. The utilities must serve a purpose directly related to the Airport for which the subgrant is made
under this Airport Rescue State Block Grant.
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The State’s acceptance of this Offer and ratification and adoption of the Airport Rescue State Block
Grant Application incorporated herein shall be evidenced by execution of this instrument by the State.
The Offer and Acceptance shall comprise an Airport Rescue State Block Grant Agreement, as provided by
the ARP Act, constituting the contractual obligations and rights of the United States and the State with
respect to this Grant and all subgrants. The effective date of this Airport Rescue State Block Grant
Agreement is the date the last signatory of the State signs the acceptance of this Offer.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
Dated {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}}
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
{{Sig_es_:signer1: signature}}
(Signature)
{{N_es_:signer1: fullname}}
(Typed Name)
{{*Ttl_es_:signer1: title}}
(Title of FAA Official)
Stephanie R. Swann(Feb4,202213:22 EST)
February4, 2022
Stephanie R. Swann
Deputy Manager, Detroit ADO
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AIRPORT RESCUE GRANT ASSURANCES
AIRPORT SPONSORS
A. General.
1. These Airport State Block Grant Assurances are required to be submitted as part of the
application by Sponsors receiving funds under the provisions of the American Rescue Plan Act
of 2021 (“ARP Act,” or “the Act”), Public Law 117-2. As used herein, the term “public agency
Sponsor” means a public agency with control of a public-use airport; the term “private
Sponsor” means a private owner of a public-use airport; and the term “Sponsor” includes both
public agency Sponsors and private sponsors.
2. Upon Sponsor's acceptance of a subgrant offer under an Airport Rescue State Block Grant offer
by the State, these assurances are incorporated into and become part of any subgrant issued
under an Airport Rescue State Block Grant Agreement.
B. Sponsor Certification.
The Sponsor hereby assures and certifies, with respect to this subgrant awarded under an Airport
Rescue State Block 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 of Federal
funds for this subgrant issued under an Airport Rescue State Block Grant including but not
limited to the following:
FEDERAL LEGISLATION
a. 49 U.S.C. Chapter 471, as applicable.
b. Davis-Bacon Act — 40 U.S.C. 276(a), et. seq.
c. Federal Fair Labor Standards Act — 29 U.S.C. 201, et. seq.
d. Hatch Act — 5 U.S.C. 1501, et. seq.
2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.
4601, et. seq.
f. National Historic Preservation Act of 1966 — Section 106 — 16 U.S.C. 470(f).
g. Archeological and Historic Preservation Act of 1974 — 16 U.S.C. 469 through 469c.
h. Native Americans Grave Repatriation Act — 25 U.S.C. Section 3001, et. seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 — Section 102(a) — 42 U.S.C. 4012a.
l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 — 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin).
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o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 — 42 U.S.C. 6101, et. seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968 — 42 U.S.C. 4151, et. seq.
s. Power plant and Industrial Fuel Use Act of 1978 — Section 403- 2 U.S.C. 8373.
t. Contract Work Hours and Safety Standards Act — 40 U.S.C. 327, et. seq.
u. Copeland Anti-kickback Act — 18 U.S.C. 874.1.
v. National Environmental Policy Act of 1969 — 42 U.S.C. 4321, et. seq.
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
x. Single Audit Act of 1984 — 31 U.S.C. 7501, et. seq.
2
y. Drug-Free Workplace Act of 1988 — 41 U.S.C. 702 through 706.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282,
as amended by section 6202 of Pub. L. 110-252).
EXECUTIVE ORDERS
a. Executive Order 11246 – Equal Employment Opportunity.
b. Executive Order 11990 – Protection of Wetlands.
c. Executive Order 11998 – Flood Plain Management.
d. Executive Order 12372 – Intergovernmental Review of Federal Programs.
e. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building
Construction.
f. Executive Order 12898 – Environmental Justice.
g. Executive Order 14005 – Ensuring the Future Is Made in All of America by All of America's
Workers.
FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards.3, 4
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment.
d. 28 CFR Part 35 – Discrimination on the Basis of Disability in State and Local Government
Services.
e. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil
Rights Act of 1964.
f. 29 CFR Part 1 – Procedures for predetermination of wage rates.
1
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g. 29 CFR Part 3 – Contractors and subcontractors on public building or public work financed in
whole or part by loans or grants from the United States.1
h. 29 CFR Part 5 – Labor standards provisions applicable to contracts covering Federally financed
and assisted construction (also labor standards provisions applicable to non-construction
contracts subject to the Contract Work Hours and Safety Standards Act).1
i. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally assisted contracting requirements).1
j. 49 CFR Part 20 – New restrictions on lobbying.
k. 49 CFR Part 21 – Nondiscrimination in Federally-assisted programs of the Department of
Transportation - effectuation of Title VI of the Civil Rights Act of 1964.
l. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions.
m. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of
Transportation Program.
n. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance.1
o. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities conducted by the Department of Transportation.
p. 49 CFR Part 30 – Denial of public works contracts to suppliers of goods and services of countries
that deny procurement market access to U.S. contractors.
q. 49 CFR Part 32 – Government-wide Requirements for Drug-Free Workplace (Financial
Assistance).
r. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA).
s. 49 CFR Part 41 – Seismic safety.
FOOTNOTES TO AIRPORT RESCUE GRANT SPONSOR ASSURANCE B
1 These laws do not apply to airport planning Sponsors.
2 These laws do not apply to private Sponsors.
3 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
4 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant and subgrant agreements by any of the above laws,
regulations, or circulars are incorporated by reference in this Grant Agreement.
1. Purpose Directly Related to the Airport.
It certifies that the reimbursement sought is for a purpose directly related to the airport.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
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It has legal authority to apply for this Grant, and to finance and carry out the proposed grant; that an
official decision has been made by the applicant’s governing body authorizing the filing of the
application, including all understandings and assurances contained therein, and directing and
authorizing the person identified as the official representative of the applicant to act in connection
with the application and to provide such additional information as may be required.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed Grant and
comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an
official representative and shall in writing direct and authorize that person to file this application,
including all understandings and assurances contained therein; to act in connection with this
application; and to provide such additional information as may be required.
3. Good Title.
It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the
landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good
title will be acquired.
4. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement
without the written approval of the Secretary, and will act promptly to acquire, extinguish, or modify
any outstanding rights or claims of right of others which would interfere with such performance by
the Sponsor. This shall be done in a manner acceptable to the Secretary.
b. If the Sponsor is a private Sponsor, it will take steps satisfactory to the Secretary to ensure that the
airport will continue to function as a public-use airport in accordance with this Grant Agreement.
c. If an arrangement is made for management and operation of the airport by any agency or person
other than the Sponsor or an employee of the Sponsor, the Sponsor will reserve sufficient rights and
authority to insure that the airport will be operated and maintained in accordance Title 49, United
States Code, the regulations, and the terms and conditions of this Grant Agreement.
5. Consistency with Local Plans.
Any project undertaken by this Grant Agreement is reasonably consistent with plans (existing at the time
of submission of the Airport Rescue State Block Grant application) of public agencies that are authorized
by the State in which the project is located to plan for the development of the area surrounding the
airport.
6. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where any project undertaken by
this Grant Agreement may be located.
7. Consultation with Users.
In making a decision to undertake any airport development project undertaken by this Grant Agreement,
it has undertaken reasonable consultations with affected parties using the airport at which project is
proposed.
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8. Pavement Preventative Maintenance.
With respect to a project undertaken by this Grant Agreement for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport pavement
maintenance-management program and it assures that it will use such program for the useful life of any
pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport,
including Airport Rescue State Block Grant funds provided under this Grant Agreement. It will provide
such reports on pavement condition and pavement management programs as the Secretary determines
may be useful.
9. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all Grant accounts and records which fully disclose the amount and disposition by the
recipient of the proceeds of this Grant, the total cost of the Grant in connection with which this Grant
is given or used, and the amount or nature of that portion of the cost of the Grant supplied by other
sources, and such other financial records pertinent to the Grant. 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.
b. It shall make available to the Secretary and the Comptroller General of the United States, or any of
their duly authorized representatives, for the purpose of audit and examination, any books,
documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In any case in which an independent
audit is made of the accounts of a Sponsor relating to the disposition of the proceeds of a Grant or
relating to the Grant in connection with which this Grant was given or used, it shall file a certified
copy of such audit with the Comptroller General of the United States not later than six (6) months
following the close of the fiscal year for which the audit was made.
10. Minimum Wage Rates.
It shall include in all contracts in excess of $2,000 for work on the airport funded under this Grant
Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by
the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5),
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.
11. Veteran's Preference.
It shall include in all contracts for work on any airport development project funded under this Grant
Agreement which involve labor, such provisions as are necessary to insure that, in the employment of
labor (except in executive, administrative, and supervisory positions), preference shall be given to
Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49,
United States Code. However, this preference shall apply only where the individuals are available and
qualified to perform the work to which the employment relates.
12. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the Airport, other
than facilities owned or controlled by the United States, shall be operated at all times in a safe and
serviceable condition and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, State, and local agencies for maintenance and operation. It will not
cause or permit any activity or action thereon which would interfere with its use for airport purposes.
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It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with
due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-
aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the
Sponsor will have in effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including temporary
conditions; and
3. Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing
contained herein shall be construed to require that the airport be operated for aeronautical use
during temporary periods when snow, flood, or other climatic conditions interfere with such
operation and maintenance. Further, nothing herein shall be construed as requiring the
maintenance, repair, restoration, or replacement of any structure or facility which is substantially
damaged or destroyed due to an act of God or other condition or circumstance beyond the
control of the Sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon
which Federal funds have been expended.
13. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect instrument
and visual operations to the airport (including established minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating
existing airport hazards and by preventing the establishment or creation of future airport hazards.
14. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict
the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes
compatible with normal airport operations, including landing and takeoff of aircraft.
15. Exclusive Rights.
The Sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant has been
expended. However, providing services at an airport by only one fixed-based operator is not an exclusive
right if—
1. it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator to
provide the services; and
2. allowing more than one fixed-based operator to provide the services requires a reduction in space
leased under an agreement existing on September 3, 1982, between the operator and the airport.
16. Airport Revenues.
a. This Grant shall be available for any purpose for which airport revenues may lawfully be used to
prevent, prepare for, and respond to coronavirus. Funds provided under this Airport Rescue State
Block Grant Agreement will only be expended for the capital or operating costs of the airport; the
local airport system; or other local facilities which are owned or operated by the owner or operator of
the airport(s) subject to this agreement and all applicable addendums for costs related to operations,
personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the
airport, and debt service payments as prescribed in the Act.
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b. For airport development, 49 U.S.C. § 47133 applies.
17. Reports and Inspections.
It will:
a. Submit to the Secretary such annual or special financial and operations reports as the Secretary may
reasonably request and make such reports available to the public; make available to the public at
reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. In a format and time prescribed by the Secretary, provide to the Secretary and make available to the
public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for which each
such payment was made; and
2. all services and property provided by the airport to other units of government and the amount of
compensation received for provision of each such service and property.
18. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic control or
air navigation activities, or weather-reporting and communication activities related to air traffic control,
any areas of land or water, or estate therein, or rights in buildings of the Sponsor as the Secretary
considers necessary or desirable for construction, operation, and maintenance at Federal expense of
space or facilities for such purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
19. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up to
date at all times an airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all
offsite areas owned or controlled by the Sponsor for airport purposes and proposed additions
thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such as
runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed
extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing improvements
thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport’s property
boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall
be subject to the approval of the Secretary which approval shall be evidenced by the signature of
a duly authorized representative of the Secretary on the face of the airport layout plan. The
Sponsor will not make or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by the Secretary and which
might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the
airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or
alteration in the airport or the facilities is made which the Secretary determines adversely affects the
safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport
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and which is not in conformity with the airport layout plan as approved by the Secretary, the owner
or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner
approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof)
to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof)
to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change
in the airport or its facilities except in the case of a relocation or replacement of an existing airport
facility due to a change in the Secretary’s design standards beyond the control of the airport Sponsor.
20. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on the
grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or
benefiting from, funds received from this Grant.
a. Using the definitions of activity, facility, and program as found and defined in §§ 21.23 (b) and 21.23
(e) of 49 CFR Part 21, the Sponsor will facilitate all programs, operate all facilities, or conduct all
programs in compliance with all non-discrimination requirements imposed by or pursuant to these
assurances.
b. Applicability
1. Programs and Activities. If the Sponsor has received a grant (or other Federal assistance) for any
of the Sponsor’s program or activities, these requirements extend to all of the Sponsor’s
programs and activities.
2. Facilities. Where it receives a grant or other Federal financial assistance to construct, expand,
renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the
entire facility and facilities operated in connection therewith.
3. Real Property. Where the Sponsor receives a grant or other Federal financial assistance in the
form of, or for the acquisition of, real property or an interest in real property, the assurance will
extend to rights to space on, over, or under such property.
c. Duration
The Sponsor agrees that it is obligated to this assurance for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to provide, or
is in the form of, personal property, or real property, or interest therein, or structures or
improvements thereon, in which case the assurance obligates the Sponsor, or any transferee for the
longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision of
similar services or benefits; or
2. So long as the Sponsor retains ownership or possession of the property.
d. Required Solicitation Language
It will include the following notification in all solicitations for bids, Requests for Proposals for work, or
material under this Grant and in all proposals for agreements, including airport concessions,
regardless of funding source:
“The [State to Insert Name of Sponsor], in accordance with the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all
bidders that it will affirmatively ensure that for any contract entered into pursuant to this
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advertisement, disadvantaged business enterprises and airport concession disadvantaged business
enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, or national origin in consideration for
an award.”
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and
regulations relative to non-discrimination in Federally-assisted programs of the DOT, and
incorporating the acts and regulations into the contracts by reference in every contract or
agreement subject to the non-discrimination in Federally-assisted programs of the DOT Acts and
regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed
from the United States effecting or recording a transfer of real property, structures, use, or
improvements thereon or interest therein to a Sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race,
color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any
future deeds, leases, license, permits, or similar instruments entered into by the Sponsor with
other parties:
i. For the subsequent transfer of real property acquired or improved under the applicable
activity, grant, or program; and
ii. For the construction or use of, or access to, space on, over, or under real property acquired
or improved under the applicable activity, grant, or program.
iii. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-
grantees, contractors, subcontractors, consultants, transferees, successors in interest, and
other participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
iv. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
21. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any activity that uses any product or
service of a foreign country during the period in which such foreign country is listed by the United States
Trade Representative as denying fair and equitable market opportunities for products and suppliers of the
United States in procurement and construction.
22. Policies, Standards and Specifications.
It will carry out any project funded under an Airport Rescue State Block Grant in accordance with policies,
standards, and specifications approved by the Secretary including, but not limited to, current FAA
Advisory Circulars for AIP projects, as of November 8, 2021.
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23. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other
modes of transportation to have access to the airport; however, it has no obligation to fund special
facilities for intercity buses or for other modes of transportation.
24. Disadvantaged Business Enterprises.
The Sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and
performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of
any concession activity contract covered by 49 CFR Part 23. In addition, the Sponsor shall not discriminate
on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business
Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the
requirements of 49 CFR Parts 23 and 26. The Sponsor shall take all necessary and reasonable steps under
49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted
contracts, and/or concession contracts. The Sponsor’s DBE and ACDBE programs, as required by 49 CFR
Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement.
Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as
a violation of this agreement. Upon notification to the Sponsor of its failure to carry out its approved
program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1936 (31 U.S.C. 3801).
25. Acquisition Thresholds.
The FAA deems equipment to mean tangible personal property having a useful life greater than one year
and a per-unit acquisition cost equal to or greater than $5,000. Procurements by micro-purchase means
the acquisition of goods or services for which the aggregate dollar amount does not exceed $10,000,
unless authorized in accordance with 2 CFR § 200.320. Procurement by small purchase procedures means
those relatively simple and informal procurement methods for securing goods or services that do not
exceed the $250,000 threshold for simplified acquisitions.
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View the most current Series 150 Advisory Circulars (ACs) for Airport Projects at
http://www.faa.gov/airports/resources/advisory_circulars and
http://www.faa.gov/regulations_policies/advisory_circulars