HomeMy WebLinkAbout10062ORDINANCE NO. 10062
AN ORDINANCE APPROVING AND ACCEPTING AIRPORT
RESCUE GRANT AGREEMENT NO. 3-08-0046-044-2022 FROM
THE UNITED STATES OF AMERICA ACTING THROUGH THE
FEDERAL AVIATION ADMINISTRATION FOR FUNDS IN THE
AMOUNT OF $1,060,278 FOR COSTS RELATED TO
OPERATIONS AND MAINTENANCE AT THE PUEBLO
MEMORIAL AIRPORT, AUTHORIZING THE MAYOR TO
EXECUTE SAME, ESTABLISHING CORONAVIRUS RELIEF
SUPPLEMENTAL PROJECT NO. AP2105, AND BUDGETING
AND APPROPRIATING $1,060,278 TO PROJECT NO. AP2105
WHEREAS, the City of Pueblo has been awarded a grant under the American Rescue
Plan Act (“ARP Act”) and received an Airport Rescue Grant Agreement from the United States of
America acting through the Federal Aviation Administration; and
WHEREAS, a project needs to be established and the grant funds budgeted and
appropriated; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Airport Rescue Grant (ARG) Grant Agreement No. 3-08-0046-044-2022 (the
“Agreement”), by and between the City of Pueblo, a Municipal Corporation, and the United States
of America acting through the Federal Aviation Administration, making available $1,060,278.00 in
federal funds for costs related to operations, personnel, cleaning, sanitization, janitorial services,
combating the spread of pathogens, and debt service payments at the Pueblo Memorial Airport,
a copy of which is attached hereto and made a part hereof by reference, after having been
approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute the Agreement in the name and on behalf of
the City of Pueblo, where the Mayor may execute the Agreement by electronic signature and such
electronic signature shall be attributable to the Mayor and the City of Pueblo.
SECTION 3.
The Coronavirus Relief Supplemental Project No. AP2105 is hereby established.
SECTION 4.
Funds in the amount of $1,060,278 shall be accepted pursuant to the Agreement and
budgeted and appropriated to the Coronavirus Relief Supplement Project No. AP2105.
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance and the Agreement to implement the policy and procedures described therein.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on November 22, 2021 .
Final adoption of Ordinance by City Council on December 13, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on December 20, 2021 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 22, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Greg Pedroza, Director of Aviation
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING AIRPORT RESCUE GRANT
AGREEMENT NO. 3-08-0046-044-2022 FROM THE UNITED STATES OF
AMERICA ACTING THROUGH THE FEDERAL AVIATION ADMINISTRATION
FOR FUNDS IN THE AMOUNT OF $1,060,278 FOR COSTS RELATED TO
OPERATIONS AND MAINTENANCE AT THE PUEBLO MEMORIAL AIRPORT,
AUTHORIZING THE MAYOR TO EXECUTE SAME, ESTABLISHING
CORONAVIRUS RELIEF SUPPLEMENTAL PROJECT NO. AP2105, AND
BUDGETING AND APPROPRIATING $1,060,278 TO PROJECT NO. AP2105
SUMMARY:
This Ordinance will approve and accept an Airport Rescue Grant (ARG) grant agreement from
the United States of America acting through the Federal Aviation Administration (FAA) to provide
funding for costs related to operations and maintenance at the Pueblo Memorial Airport. It also
establishes Project No. AP2105 and appropriates funding to said project.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND
This grant is in accordance with the American Rescue Plan Act (“ARP Act”), Public Law 117-2,
and will provide funding for costs related to operations, personnel, cleaning, sanitization, janitorial
services, combating the spread of pathogens, and debt service payments at Pueblo Memorial
Airport.
FINANCIAL IMPLICATIONS:
The grant is for $1,060,278 and requires no matching funds.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the grant will not be accepted from the federal government.
RECOMMENDATION
The Department of Aviation recommends approval of this Ordinance.
Attachments:
Ordinance
ARG Grant Agreement
Grant Certification Memo
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0
of Transportation
Federal Aviation
Administration
AIRPORT RESCUE GRANT
GRANT AGREEMENT
Part I -Offer
Federal Award Offer Date November 4,2021
Airport/Planning Area Pueblo Memorial Airport
Airport Rescue Grant No. 3-08-0046-044-2022 [Contract No. DOT-FA22NM-K1013]
Unique Entity Identifier 01-062-0284
TO: City of Pueblo, Colorado
(herein called the"Sponsor")(herein called the"Sponsor")(For Co-Sponsors,list all Co-Sponsor names.The word"Sponsor"in
this Grant Agreement also applies to a Co-Sponsor.)
FROM: The United States of America (acting through the Federal Aviation Administration, herein
called the "FAA")
WHEREAS,the Sponsor has submitted to the FAA an Airport Rescue Grant Application dated June 28,
2021,for a grant of Federal funds at or associated with Pueblo Memorial Airport,which is included as
part of this Airport Rescue Grant Agreement; and
WHEREAS,the Sponsor has accepted the terms of FAA's Airport Rescue Grant offer;
WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor,
the FAA has approved the Airport Rescue Grant Application for the Pueblo Memorial Airport, (herein
called the"Grant" or"Airport Rescue Grant")consisting of the following:
This Airport Rescue 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 Sponsors with funding for costs
related to operations, personnel, cleaning, sanitization,janitorial services,combating the spread of
pathogens at the airport, and debt service payments.Airport Rescue Grant amounts to specific airports
are derived by legislative formula (See Section 7102 of the Act).
The purpose of this Airport Rescue Grant is to prevent, prepare for, and respond to the coronavirus
pandemic. Funds provided under this Airport Rescue Grant Agreement must be used only for purposes
directly related to the airport. 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 Grants may be used to reimburse airport operational expenses directly related to Pueblo
Memorial Airport incurred no earlier than January 20, 2020.Airport Rescue Grants also may be used to
reimburse a Sponsor's payment of debt service where such payments occur on or after March 11, 2021.
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Funds provided under this Airport Rescue 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 Sponsor'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 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
$1,060,278, allocated as follows:
$1,060,278 ARPA KV2022
2. Grant Performance.This Airport Rescue Grant Agreement is subject to the following Federal award
requirements:
a. The Period of Performance:
1. Shall start on the date the Sponsor formally accepts this agreement,and is the date signed
by the last Sponsor 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 Sponsor 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 Grant is 4 years(1,460 calendar days). Pursuant to 2 CFR§
200.403(h),the 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 Sponsor is authorized to expend the funds
awarded, including any funds carried forward or other revisions pursuant to§ 200.308.
c. Close out and Termination.
1. Unless the FAA authorizes a written extension,the Sponsor must submit all Grant closeout
documentation and liquidate (pay-off)all obligations incurred under this award no later
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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 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. Unallowable Costs.The Sponsor shall not seek reimbursement for any costs that the FAA has
determined to be unallowable under the ARP Act.
4. Indirect Costs-Sponsor.The Sponsor may charge indirect costs under this award by applying the
indirect cost rate identified in the Grant Application as accepted by the FAA,to allowable costs for
Sponsor direct salaries and wages only.
5. Final Federal Share of Costs.The United States' share of allowable Grant costs is 100%.
6. Completing the Grant without Delay and in Conformance with Requirements.The Sponsor must
carry out and complete the Grant without undue delays and in accordance with this Airport Rescue
Grant Agreement,the ARP Act,and the regulations, policies, standards, and procedures of the
Secretary of Transportation ("Secretary"). Pursuant to 2 CFR§ 200.308,the Sponsor agrees to
report to the FAA any disengagement from funding eligible expenses under the 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 Sponsor agrees 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.
7. 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 Sponsor.
8. 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 Sponsor on or before December 17,
2021, or such subsequent date as may be prescribed in writing by the FAA.
9. Improper Use of Federal Funds.The 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 Grant Agreement,the
ARP Act, or other provision of applicable law. For the purposes of this Airport Rescue Grant
Agreement,the term "Federal funds" means funds however used or dispersed by the Sponsor that
were originally paid pursuant to this or any other Federal grant agreement(s).The Sponsor must
return the recovered Federal share, including funds recovered by settlement, order,or judgment,to
the Secretary.The 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 Sponsor, in court or otherwise, involving the recovery of such Federal share require advance
approval by the Secretary.
10. 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
Grant Agreement, including, but not limited to, any action taken by a Sponsor related to or arising
from, directly or indirectly,this Airport Rescue Grant Agreement.
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11. System for Award Management(SAM) Registration and Unique Entity Identifier(UEI).
a. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from
this requirement under 2 CFR 25.110,the Sponsor must maintain the currency of its
information in SAM until the Sponsor submits the final financial report required under this
Grant, or receives the final payment,whichever is later.This requires that the 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.
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each
payment request under this agreement electronically via the Delphi elnvoicing System for
Department of Transportation (DOT) Financial Assistance Awardees.
13. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement,the FAA
may suspend,cancel,or terminate this Agreement.
14. Financial Reporting and Payment Requirements.The Sponsor will comply with all Federal financial
reporting requirements and payment requirements, including submittal of timely and accurate
reports.
15. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 United
States Code(U.S.C.) §50101,the 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 Sponsor will include a provision
implementing Buy American in every contract.
16. Audits for Sponsors.
PUBLIC SPONSORS.The Sponsor must provide for a Single Audit or program-specific audit in
accordance with 2 CFR Part 200.The 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 Sponsor shall provide one copy
of the completed audit to the FAA.
17. Suspension or Debarment.When entering into a "covered transaction" as defined by 2 CFR§
180.200,the Sponsor must:
a. Verify the non-Federal entity is eligible to participate in this Federal program by:
1. 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
2. Collecting a certification statement from the non-Federal entity attesting the entity is not
excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual or firm is not
excluded or disqualified from participating.
3-08-0046-044-2022
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier
transactions(e.g.,subcontracts).
c. Immediately disclose to the FAA whenever the Sponsor(1) learns the Sponsor has entered into
a covered transaction with an ineligible entity, or(2) suspends or debars a contractor, person,
or entity.
18. 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 Sponsor is 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
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 Sponsor must insert the substance of this clause on banning texting while driving in all
subgrants, contracts,and subcontracts funded by this Airport Rescue Grant.
19. Trafficking in Persons.
a. You as the recipient,your employees, subrecipients under this Airport Rescue Grant,and
subrecipients' employees may not—
1. Engage in severe forms of trafficking in persons during the period of time that the award is
in effect;
2. Procure a commercial sex act during the period of time that the award is in effect; or
3. Use forced labor in the performance of the award or subawards under the Airport Rescue
Grant.
b. The FAA as the Federal awarding agency may unilaterally terminate this award,without
penalty, if you or a subrecipient that is a private entity—
1. Is determined to have violated a prohibition in paragraph a. of this Airport Rescue Grant
Agreement term; or
2. Has an employee who is determined by the agency official authorized to terminate the
Airport Rescue Grant Agreement to have violated a prohibition in paragraph a. of this
Airport Rescue Grant term through conduct that is either—
A. Associated with performance under this Airport Rescue Grant; or
B. Imputed to the subrecipient 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
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Guidelines to Agencies on Government-wide Debarment and Suspension
(Nonprocurement),"as implemented by the FAA at 2 CFR Part 1200.
c. You must inform us 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
Grant Agreement.
d. Our 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 Grant.
20. Employee Protection from Reprisal.
a. Prohibition of Reprisals —
1. In accordance with 41 U.S.C. §4712, an employee of a grantee or 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:
a. Gross mismanagement of a Federal grant;
b. Gross waste of Federal funds;
c. An abuse of authority relating to implementation or use of Federal funds;
d. A substantial and specific danger to public health or safety;or
e. 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:
a. A member of Congress or a representative of a committee of Congress;
b. An Inspector General;
c. The Government Accountability Office;
d. A Federal employee responsible for oversight or management of a grant program
at the relevant agency;
e. A court or grand jury;
f. A management official or other employee of the Sponsor, contractor,or
subcontractor who has the responsibility to investigate, discover, or address
misconduct;or
g. 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 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).
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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).
21. 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 Sponsor and the FAA prior to the date of this Airport Rescue Grant
Agreement.
22. Face Coverings Policy.The sponsor agrees 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 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 GRANT FUNDS
CONDITIONS FOR EQUIPMENT-
1. Equipment or Vehicle Replacement.The Sponsor agrees 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 Sponsor agrees 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.
3. Low Emission Systems.The Sponsor agrees 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 Sponsor further agrees 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 Sponsor to operate
and maintain airport(s) included in the Grant must not exceed the percent attributable to the
capital or operating costs of the airport.
5. Utility Relocation in Grant.The Sponsor understands and agrees that:
a. The United States will not participate in the cost of any utility relocation unless and until the
Sponsor has submitted evidence satisfactory to the FAA that the 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
Sponsor has an easement for the utility; and
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c. The utilities must serve a purpose directly related to the Airport.
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The Sponsor's acceptance of this Offer and ratification and adoption of the Airport Rescue Grant
Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor.The
Offer and Acceptance shall comprise an Airport Rescue Grant Agreement,as provided by the ARP Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect to
this Grant.The effective date of this Airport Rescue Grant Agreement is the date of the Sponsor's
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 November 4,2021
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
,John Bauer(Nov 4,2021 10:21 MDT)
(Signature)
John P. Bauer
(Typed Name)
Manager,Denver Airports District Office
(Title of FAA Official)
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Part II -Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants,and agreements contained in the Airport Rescue Grant Application and incorporated
materials referred to in the foregoing Offer under Part I of this Airport Rescue Grant Agreement, and
does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and
conditions in this Offer and in the Airport Rescue Grant Application and all applicable terms and
conditions provided for in the ARP Act and other applicable provisions of Federal law.
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.
I declare under penalty of perjury that the foregoing is true and correct. 1
Dated
CITY OF PUEBLO,COLORADO
(Name of Sponsor)
Signature of Sponsor's e ' ative Official/Representative)AA
By: 1VteWfs Cel i ak.
(Type Name of Sponsor's Designative Officia'/Representative)
Title: 0�
(Title o Sponsoo7esignative Official/Representative)
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements)and could subject you to fines, imprisonment, or both.
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CERTIFICATE OF SPONSOR'S ATTORNEY
I, , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of Colorado. Further, I have examined the foregoing Grant Agreement and the actions
taken by said Sponsor and Sponsor's official representative has been duly authorized and that the
execution thereof is in all respects due and proper and in accordance with the laws of the said State and
the ARP Act.The Sponsor understands funding made available under this Grant Agreement may only be
used for costs related to operations, personnel, cleaning, sanitization,janitorial services, and combating
the spread of pathogens at the airport incurred on or after January 20, 2020,or for debt service
payments that are due on or after March 11, 2021. Further, it is my opinion the foregoing Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
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 at
By:
.0441;104•P" --• I<C0/0 VA34 1.<
(Signature of Sponsor's At rney)
3-08-0046-044-2022
AIRPORT RESCUE GRANT ASSURANCES
AIRPORT SPONSORS
A. General.
1. These Airport Rescue Grant Assurances are required to be submitted as part of the application
by sponsors requesting 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 acceptance of this Airport Rescue Grant offer by the sponsor,these assurances are
incorporated into and become part of this Airport Rescue Grant Agreement.
B. Sponsor Certification.
The sponsor hereby assures and certifies,with respect to this Airport Rescue 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 Airport Rescue 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. sea!
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.
I. 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).
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.
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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."
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
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
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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.
I. 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 Handicap in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance.'
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 of Federal and Federally assisted or regulated new building
construction.
FOOTNOTES TO AIRPORT RESCUE GRANT 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.
a 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 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:
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:
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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 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.
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
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financial assistance at the airport, including Airport Rescue 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. 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:
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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—
a. it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator
to provide the services; and
b. 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
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.
b. For airport development,49 U.S.C. §47133 applies.
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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
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off the airport 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 City of Pueblo, Colorado, 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
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all bidders that it will affirmatively ensure that for any contract entered into pursuant to this
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:
A. For the subsequent transfer of real property acquired or improved under the
applicable activity, grant, or program; and
B. For the construction or use of,or access to, space on, over,or under real property
acquired or improved under the applicable activity,grant, or program.
C. 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.
D. 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 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 June 28, 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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Current FAA Advisory Circulars Required for Use in AIP Funded and PFC
Approved Projects
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