Okaloosa County BOCC — August 19, 2014 — FAA Grant Assurances 3--2014 — reading text

ASSURANCES Airport Sponsors A. General. I. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. 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. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph | also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. Airport Sponsor Assurances 3/2014 Page 1 of 20 3, Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1, General Federal Requirements. 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 project including but not limited to the following: Federal Legislation Title 49, U.S.C., subtitle VII, as amended. Davis-Bacon Act - 40 U.S.C. 276(a), et seq, Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. Hatch Act — 5 U.S.C. 1501, et seq. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.’ ? National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).! Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c, Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. Clean Air Act, P.L. 90-148, as amended. Coastal Zone Management Act, P.L. 93-205, as amended. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.! Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) . Rehabilitation Act of 1973 - 29 U.S.C, 794. 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); Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. American Indian Religious Freedom Act, P.L. 95-341, as amended. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq,! Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.! Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq, Copeland Anti-kickback Act - 18 U.S.C. 874.1 National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq, Wild and Scenic Rivers Act, P.L. 90-542, as amended. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.” Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. enoss Bg AWS oS a rh 2 “Kes e¢eros Airport Sponsor Assurances 3/2014 Page 2 of 20 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 enor f. Executive Order 11246 - Equal Employment Opportunity! Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction! Executive Order 12898 - Environmental Justice Federal Regulations a. b. 5 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non-Profit Organizations]. 3.6 2 CFR Part 1200 — Nonprocurement Suspension and Debarment 14 CFR Part 13 - Investigative and Enforcement Procedures14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. 14 CFR Part 150 - Airport noise compatibility planning. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government Services. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. 29 CFR Part 1 - Procedures for predetermination of wage rates.! 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. ' 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). 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements). 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.° 49 CFR Part 20 - New restrictions on lobbying. 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. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. Airport Sponsor Assurances 3/2014 Page 3 of 20 p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.'” q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. r, 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.' s, 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. t. 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. u. 49 CFR Part 32 —Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. 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. Footnotes to Assurance C.1. ' These laws do not apply to airport planning sponsors. * These laws do not apply to private sponsors, > 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. * On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. Airport Sponsor Assurances 3/2014 Page 4 of 20 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. ° Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 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 project; that a resolution, motion or similar action has been duly adopted or passed as an official act of 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 project 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. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under