1277
RESOLUTION NO. ~ 2'T1
A RESOLUTION APPROVING A GRANT FROM THE FEDERAL
AVIATION ADMINISTRATION IN THE AMOUNT OF $52,425.00 AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
DOCUMENTS TO OBTAIN THE GRANT.
WHEREAS, the City of West Memphis has been approved for
assistance under the Airport and Airway Improvement Act of
1982, as amended by the Airport and Airway Safety and
Capacity Expansion Act of 1987, and/or the Aviation Safety
and Noise Abatement Act of 1979; and
WHEREAS, the Federal Aviation Administration has
allocated for the West Memphis Municipal Airport a grant in
the amount of $52,425.00 for project number 3-05-0065-0592-
92-1 to be used to conduct an Airport riaster Plan Update;
and
WHEREAS, acceptance of the grant for this project would
be in the best interests of the City of West Memphis and
the West Memphis Airport Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS, THAT the grant from the
Federal Aviation Administration in the amount of $52,425.00
for project number 3-05-0065-0592-92-1 is hereby approved
and accepted and the Mayor and the City Clerk are hereby
authorized to execute the necessary documents to obtain the
grant .
~'
ADOPTED this '~i day of February, 1992.
;+~ ~.
KEITH M. INGRAM, MAY
~`
S NSORED BY:
~~
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CI~'Y OF W~~'T MEMp~II~
205 S. Redding -West Memphis, Arkansas 72301 - (501) 735-2720
CITY ATTORNEY'S OFFICE
(501) 732-7515
February 6, 1992
Mr. Donald J. Guffey, ASW-630
FAA
Southwest Region
Ft. Worth, TX 76193-0630
Re: Project No. 3-05-0065-0592-
92-1
Dear Mr. Guffey:
Enclosed please find the original Grant Agreement for
Project No. 3-05-0065-0592-92-1. The Grant Agreement has
been accepted this dateofaWest1Memphbs,Mayor Keith M. Ingram
on behalf of the City
Very truly yours,
~----
. David C. Peeples
City Attorney
DCP/dp
Enclosure
cc: Dan Craft, City Clerk
Steve Jones, Chairman
West Memphis Airport Commission
An Equal Opportunity Employer
GRANT AGREEMENT
FOR PLANNING PROJECT
PART 1-OFFER
Date of Offer: JAN 171992
Airport: West Memphis Municipal
TO: CITY OF WEST MEMPHIS, ARI{ANSAS
(herein referred to as the "Sponsor")
Project No. 3-05-0065-0592-92-1
Contract No. DOT FA 92 SW-8455
FROM: The United States of America (acting through the Federal Aviation Administration, herein
referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application
for Federal Assistance) dated Mazch 21, 1991, for a grant of Federal funds for a project for
development of the West Memphis Municipal Airport (herein called the "Airport"), together with plans
and specifications for such project, which Application for Federal Assistance, as approved by the FAA
is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project") consisting of the following-described airport development:
UPDATE AIRPORT MASTER PLAN
all as more particulazly described in the property map and plans and specifications incorporated in
the said Application for Federal Assistance.
FAA Form 5100-37 (10-89) Devebpment or Noise Program Page 1 0 5 Pages
.---
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and
Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity
F~xpansion Act of 1987, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act
of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and
assurances contained in said Project Application and its acceptance of this Offer as hereinafter
provided, and (b) the benefits to accrue to the United States and the public from the accomplishment
of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL
AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE iJNITED STATES, HEREBY
OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the Project, ninety (90) percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be $52,425.
2. The allowable costs of the project shall not include any costs determined by the FAA to be
ineligible for consideration as to allowability under the Act.
3. Payment of the United States share of the allowable project costs will be made pursuant to and
in accordance with the provisions of which regulations and procedures as the Secretary shall
prescribe. Final determination of the United States share will be based upon the final audit of
the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delays and in accordance
with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and
agrees to comply with the assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance
by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs
of the project unless this offer has been accepted by the sponsor on or before February 20, 1992
or such subsequent date as may be prescribed in writing by the FAA.
FAA Form 3100-37 (1089) Developmerrt or Nolse Royrem Page 2 of 5 Pages
7. The sponsor shall 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 in any project upon which Federal funds have been expended. For the purposes of this
grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor
that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain
the approval of the Secretary as to any determination of the amount of the Federal share of such
funds. It shall return the recovered Federal share, including funds recovered by settlement, order
or judgement, to the Secretary. It shall 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
shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons
which may arise from, or be incident to, compliance with this grant agreement.
Special Conditions
1. It is understood and agreed that any project cost incurred prior to acceptance of this Grant and
formal Notice to Proceed by the FAA shall not be eligible for Federal participation.
2. The sponsor and its consultant will meet with the FAA to refine the scope of work which will
be approved by the FAA prior to issuance of the Notice to Froceed.
3. The sponsor shall hold at least one public information briefing prior to project completion
regardless of whether a formal public hearing is required.
FAA Form 5100-37 (1U89) Development or Noise Program Page 3 0 5 Pages
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect
to the accomplishment of the Project and compliance with the assurances and conditions as provided
herein. Such Grant Agreement sha11 become effective upon the Sponsor's acceptance of this Offer.
iJNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
~,~N~4lanager. Arkansas f Louisiana ADO
Part II -Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred
to in the foregoing Offer 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 Project Application.
Executed this day of , 19
CITY OF WEST MEMPHIS, ARKANSAS
(N~me of Sponsor)
B
(SEAL) ~ e e~
Title
Attest:
Title:
FAA Form 5100-37 (10.89) Development or Nolae Program Page 4 0 5 Pages
CERTIFICATE OF SPONSOR'S ATTORNEY
I, ,acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Spo sor is empowered to enter into the foregoing Grant Agreement
under the laws of the State of Further, I have examined the foregoing Grant
Agreement and the actions taken y sal Sponsor relating thereto, and find that the acceptance thereof
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 Act.
In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there
are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion
that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance
with the terms thereof.
Dated at ~~~~,~ - this~day of ~ ,19~
FAA Form 5100-37 (109) Development or Noise Program Page 5 0 5 Pages
ASSliF~;:CES
Airport Sponsors
A. General
1. These assurances shall be complied with in the performance of
grant agreements for airport development, airport planning, and
noise compatibility program grants to airport sponsors.
2. These assurances are required to be submitted as part of the
project application by sponsors requesting funds under the
provisions of the Airport and Airway Improvement Act of 1922, as
amended by the Airport and Airway Safety and Capacity Expansion
Act of 1987, or the Aviation Safety and Noise Abatement Act of
1979. As used herein, the term "public agency sponsor" means a
public agency with cor.tro< <?f ~: pubi : c-use airport; the term
"private sponsor" means a ~ri:~:.e :owner of a public-use airport;
and the term "sponsor" inc~udE_ public agency sponsors and
private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these
assurances are incorporated in and become part of the 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 the 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 assurance against exclusive rights or the
terms, conditions, and assurances with respect to real property
acquired with Federal funds. Furthermore, the duration of the
Civil Rights assurance shall. be as specified in the assurance.
2. Airport Development or Noise Compatibility Program Projects
Undertaken by a Private Sponsor. The preceding paragraph 1 also
applies to a private sponsor except that the useful life of
project items installed within a facility or the useful life of
facilities developed or equipment acquired under an airport
development or noise compatibility program project shall be no
less than 10 years from the date of the acceptance of Federal aid
for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise
specified in the grant agreement, only Assurances 1, 2, 3, 5, 6,
13, 18, 30, 32, 33, 34, and 36 in Section C apply to planning
projects. The terms, conditions, and assurances of the grant
agreement shall remain in full force and effect during the .ife
of the project.
C. Sponsor Certification. The sponsor hereby assures and
certifies, with respect to this grant that:
1. General Federal Requirements. Zt 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
a. Federal Aviation Act cf 1958 - 49 U.S.C. 1:~1, et seq.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq. 1/
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 - 42 U.S.C. 4601, et
seq. 1/ 2/
f. National Historic Preservation Act of 1966 - Section 106
- 16 U.S.C. 470(f). 1/
g. Archeological and Historic Preservation Act of 1974 - 16
U.S.C. 469 through 469c. 1/
h. Flood Disaster Protection Act of 1973 - Section 102(a) -
42 U.S.C. 4012a. 1/
i. Rehabilitation Act of 1973 - 29 U.S.C. 794.
j. Civil Rights Ac*_ of 1964 - Title VI - 42 U.S.C. 2000d
through d-4.
k. Aviation Safety and Noise Abatement Act of 1979, 49
U.S.C. 2101, et seq.
1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et
seq . 1/
n. Airport and Airway Improvement Act of 1982, as amended 49
U.S.C. 2201, et seq.
o. Powerplant and Industrial Fuel Use Act of 1978 - Section
403 - 2 U.S.C. 8373. 1/
p. Contract Work Hours and Safety Standards Act - 40 U.S.C.
327, et seq. 1/
q. Copeland Antikickback Act - 18 U.S.C. 874. 1/
r. National Environmental Policy Act of 1969 - 42 U.S.C.
4321, et seq. 1/
s. Endangered Species Act - 16 U.S.C. 658(a), et seq. 1/
t. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. 2/
u. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through
706.
Executive Orders
Executive Order 12372 - Intergovernmental Review of Federal
Programs
Executive Order 11246 - Equal Employment Opportunity 1/
Federal Regulations
a. 49 CFR Part 18 - Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local
Governments. 3/
b. 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.
c. 49 CFR Part 23 - Participation by Minority Business
Enterprise in Department of Transportation Programs.
d. 49 CFR Part 24 - Uniform Relocation Assistance and Real
Property Acquisition Regulation for Federal and Federally
Assisted Programs. 1/ 2/
e. 49 CFR Part 27 - Non-Discrimination on the Basis of
Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance. 1/
f. 49 CFR Part 29 - Debarments, Suspensions, and Voluntary
Exclusions.
q. 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.
h. 29 CFR Part 1 - Procedures for Predetermination of Wage
Rates. 1/
i. 29 CFR Part 3 - Contractors or Subcontractors on Public
Buildings or Public Works Financed in Whole or Part by
Loans or Grants from U.S. 1/
j. 29 CFR Part 5 - Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted
Construction. 1/
k. 41 CFR Part 60 - Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of
Labor (Federal and Federally-assisted Contracting
Requirements). 1/
1. 14 CFR Part 150 - Airport Noise Compatibility Planning.
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts
with State and Local Governments. 3/
b. A-128 - Audits of State and Local Governments. 2/
1/ These laws do not apply to airport planning sponsors.
• 2/ These laws do not apply to private sponsors.
3/ 49 CFR Part 18 and OMB Circular A-87 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 the Airport and Airway Improvement Act
of 1982, as amended.
Specific assurances required to be included in grant agreements
by any of the above laws, regulations or circulars are
incorporated by reference in the grant agreement.
2. Responsibility and Authority or the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply
for the grant, and to finance and carry out the proposed project;
that a resolution, motion or similar action has been duly adopted
or passed as an official act 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 the
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 the 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 `a re not to be paid by
the United States. It has sufficient funds available to assure
operation and maintenance of items funded under the grant
agreement which it will.own or control.
4. Good Title.
a. It 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.
b. For noise compatibility program projects to be carried
out on the property of the sponsor, it holds good title
satisfactory to the Secretary to that portion of the property
upon which Federal funds will be expended or will give assurance
to the Secretary that good title will be obtained.
5. 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
the 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. It will not sell, lease, encumber or otherwise transfer
or dispose of any part of its title or other interests in the
property shown on Exhibit A to this application or, for a noise
compatibility program project, that portion of the property upon
which Federal funds have been expended, for the duration of the
terms, conditions, and assurances in the grant agreement without
approval by the Secretary. If the transferee is found by the
Secretary to be eligible under the Airport and Airway Improvement
Act of 1982 to assume the obligations of the grant agreement and
to have the power, authority, and financial resources to carry
out all such obligations, the sponsor shall insert in the
contract or document transferring or disposing of the sponsors
interest, and make binding upon the transferee, all of the terms,
conditions and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to
be carried out by another unit of local government or are on
property owned by a unit of local government other than the
sponsor, it will enter into an agreement with that government.
Except as otherwise specified by the Secretary, that agreement
shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly
to the FAA for a grant to undertake the noise compatibility
program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce
this agreement against the local government.if there is
substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried
out on privately owned property, it will enter into an agreement
with the owner of that property which includes provisions
specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is
substantial non-compliance with the terms of the agreement.
e. 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
these assurances for the duration of these assurances.
f.• 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 with the Airport and Airway
Improvement Act of 1982, the regulations and the terms,
conditions and assurances in the grant agreement and shall insure
that such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably
consistent with plans (existing at the time of submission of this
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. For noise compatibility
program projects, other than land acquisition,. to be carried out
on property not owned by the airport and over which property
another public agency has land use control or authority, the
sponsor shall obtain from each such agency a written declaration
that such agency supports that project and the project is
reasonably consistent with the agency's plans regarding the
property.
7. Consideration of Local Interest. It has given fair
consideration to the interest of communities in or near which the
project may be located.
8. Consultation with Users. In making a decision to undertake
any airport development project under the Airport and Airway
Improvement Act of 1982, it has undertaken reasonable
consultations with affected parties using the airport at which
project is proposed.
9. Public Hearings. In projects involving the location of an
airport, an airport runway, or a major runway extension, it has
afforded the opportunity for public hearings for the purpose of
considering the economic, social, and environmental effects of
the airport or runway location and its consistency with goals and
objectives of such planning as has been carried out by the
community. It shall, when requested by the Secretary, submit a
copy of the transcript of such hearings to the Secretary.
10. Air and Water Quality Standards. In projects involving
airport location, a major runway extension, or runway location it
will provide for the Governor of the state in which the project
is located to certify in writing to the Secretary that the
project will be located, designed, constructed, and operated so
as to comply with applicable air and water quality standards. In
any case where such standards have not been approved and where
applicable air and water quality standards have been promulgated
by the Administrator of the Environmental Protection Agency,
certification shall be obtained from such Administrator. Notice
of certification or refusal to certify shall be provided within
sixty days after the project application teas been received by the
Secretary.
11. Local Approval. In projects involving the construction or
extension of any runway at any general aviation airport located
astride a line separating two counties within a single state, it
has received approval for the project from the governing body of
all villages incorporated under the laws of that state which are
located entirely within five miles of the nearest boundary of the
airport.
12. Terminal Development Prerequisites. For projects which
include terminal development at a public airport, it has, on the
date of submittal of the project grant application, all the
safety equipment required for certification of such airport under
section 612 of the Federal Aviation Act of 1958 and all the
security equipment required by rule or regulation, and has
provided for access to the passenger enplaning and deplaning area
of such airport to passengers enplaning or deplaning from
aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Recordkeeping Requirements
a. It shall keep all project accounts and records which
fully disclose the amount and disposition by the recipient of the
proceeds of the grant, the total cost of the project in
connection with which the grant is given or used, and the amount
and nature of that portion of the cost of the project supplied by
other sources, and such other financial records
project. The accounts and records shall be keptpintaccordancehe
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 the 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 project in connection with which the
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 6 months following the close of the fiscal year for which
the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in
excess of $2,OOD for work on any projects funded under the 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.
15. Veteran's Preference. It shall include, in all contracts for
work on any. projects funded under the 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 veterans
of the Vietnam era and disabled veterans as defined in Section
515(c)(1) and (2) of the Airport and Airway Improvement Act of
1982. However,. this preference shall apply only where the
individuals are available and qualified to perform the work to
which-the employment relates.
16. Conformity to Plans and Specifications. It will execute the
project subject to plans, specifications, and schedules approved
by the Secretary. Such plans, specifications, and schedules
shall be submitted to the Secretary prior to commencement of site
preparation, construction, or other performance under this grant
agreement, and, upon approval by the Secretary, shall be
incorporated into this grant agreement. Any modifications to the
approved plans, specifications, and schedules shall also be
subject to approval by the Secretary and incorporation into the
grant agreement.
17. Construction Inspection and Approval. It will provide and
maintain competent technical supervision at the construction site
throughout the project to assure that the work conforms with the
plans, specifications, and schedules approved by the Secretary
for the project. It shall subject the construction work on any
project contained in an approved project application to
inspection and approval by the Secretary and such work shall be
in accordance with regulations and procedures prescribed by the
Secretary. Such regulations and procedures shall require such
cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the
approved program narrative contained in the project application
or with modifications similarly approved.
b. It will furnish the Secretary with such periodic reports
as required pertaining to the planning project and planning work
activities.
c. It will include in all published material prepared in
connection with-the planning project a notice that the material
was prepared under a grant provided by the United States.
d. It will make such material available for examination by
the public, and agrees that no material prepared with funds under
this project shall be subject to copyright in the United States
or any other country.
e. It will give the Secretary unrestricted authority to
publish, disclose, distribute, and otherwise use any of the
material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the
Sponsor's employment of specific consultants and their
subcontractors to do all or any part of this 'project as well as
the right to disapprove the proposed scope and cost of
professional services.
q. It'will grant the Secretary the right to disapprove the
use of the sponsor's employees to do all or any part of the
project .
h. It understands and agrees that the Secretary's approval
of this project grant or the Secretary's approval of any planning
material developed as part of this grant does not constitute or
imply any assurance or commitment on the part of the Secretary to
approve any pending or future application for a Federal airport
grant.
19. Operation and Maintenance.
a. 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 nonaeronautical purposes must first be approved
by the Secretary. 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.
In furtherance of this assurance, the sponsor will have in effect
at all times 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 suitable operate and maintain noise compatibility
program items that it owns or controls upon which Federal funds
have been expended.
20. 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.
21. Compatible Land Use. It will take appropriate action,
including the adoption of zoning laws, to the extent reasonable,
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. In addition, if the project is for noise compatibility
program implementation, it will not cause or permit any change in
land use, within its jurisdiction, that will reduce the
compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make its airport available as an airport for
public use on fair and reasonable terms and without unjust
discrimination, to all types, kinds, and classes of aeronautical
uses.
b. In any agreement, contract, lease or other arrangement
under which a right or privilege at the airport is granted to any
person, firm, or corporation to conduct or engage in any
aeronautical activity for furnishing services to the public at
the airport, the sponsor will insert and enforce provisions
requiring the contractor to --
(1) furnish said services on a fair, equal, and not
unjustly discriminatory basis to all users thereof, and
(2) charge fair, reasonable, and not unjustly
discriminatory prices for each unit or service, provided,
that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types
of price reductions to volume purchasers.
c. Each fixed-based operator at any airport owned by the
sponsor shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other
fixed-based operators making the same or similar uses of such
airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right
to service itself or to use any fixed-based operator that •is
authorized or permitted by the airport to serve any air carrier
at such airport.
e. Each air carrier using such airport (whether as a tenant,
nontenant,•or subtenant of another air carrier tenant) shall be
subject to such nondiscriminatory and substantially comparable
rules, regulations, conditions, rates, fees, rentals, and other
chazges with respect to facilities directly and substantially
related to providing air transportation as are applicable to all
such air carriers which make similar use of such airport and
which utilize similar facilities, subject to reasonable
classifications such as tenants or nontenants and signatory
carriers and nonsignatory carriers. Classification or status as
tenant or signatory shall not be unreasonably withheld by any
airport provided an air carrier assumes obligations substantially
similar to those already imposed on air carriers in such
classifications or status.
f. It will not exercise or grant any right pr privilege
which operates to prevent any person, firm, or corporation
operating aircraft on the airport from performing any services on
its own aircraft with its own employees (including, but not
limited to maintenance, repair, and fueling) that it may choose
to perform.
g. In the event the sponsor itself exercises any of the
rights and privileges referred to in this assurance, the services
involved will be provided on the same conditions as would apply
to the furnishing of such services by contractors or
concessionaires of the sponsor under these provisions.
h. The sponsor may establish such fair, equal, and not
unjustly discriminatory conditions to be met by all users of the
airport as may be necessary for the safe and efficient operation
of the airport. '
i. The sponsor may prohibit or limit any given type, kind,
or class of aeronautical use of the airport if such action is
necessary for the safe operation of the airport or necessary to
serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the
use of the airport by any persons providing, or intending to
provide, aeronautical services to the public. For purposes of
this paragraph, the providing of services at an airport by a
single fixed-based operator shall not be construed as an -
exclusive right if both of the following apply:
a: It would be unreasonably costly, burdensome, or
impractical for more than one fixed-based operator to provide
such services, and
b. If allowing more than one fixed-based operator to provide
such service would require the reduction of space leased
pursuant to an existing agreement between such single fixed-based
operator and such airport.
It further agrees that it will not, either directly or
indirectly, grant or penait any person, firm or corporation the
exclusive right at the airport, or at any other airport now owned
or controlled by it, to conduct any aeronautical activities,
including, but not limited to charter flights, pilot training,
aircraft rental and sightseeing, aerial photography, crop
dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation
petroleum products whether or not conducted in conjunction with
other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of
their direct relationship to the operation of aircraft can be
regarded as an aeronautical activity, and that it will terminate
any exclusive right to conduct an aeronautical activity now
existing at such an airport before the grant of any assistance
under the Airport and Airway Improvement Act of 1982.
24. Fee and Rental Structure. It will maintain a fee and rental
structure consistent with Assurance 22 and 23, for the facilities
and services being provided the airport users which will make the
airport as self-sustaining as possible under the circumstances
existing at the particular airport, taking into account such
factors as the volume of traffic and economy of collection. No
part of the Federal share of an airport development, airport
planning or noise compatibility project for which a grant is made
under the Airport and Airway Improvement Act of 1982, the Federal
Airport Act or the Airport and Airway Development Act of 1970
shall be included in the rate base in establishing fees, rates,
and charges for users of that airport.
25. Airport Revenue. If the airport is under the control of a
public agency, all revenues generated by the airport and any
local taxes on aviation ,fuel established after December 30,
1987, will be expended by it 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 and directly and substantially related to the
actual air transportation of passengers or property; or for noise
mitigation purposes on or off the airport. Provided, however,
that if covenants or assurances in debt obligations issued before
September 3, 1982, by the owner or operator of the airport, or
provisions enacted before September 3, 1982, in governing
statutes controlling the owner or operator's financing, provide
for the use of the. revenues from any of the airport owner or
operator's facilities, including the airport, to support not only
the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use
of all revenues generated by the airport (and, in the case of a
public airport, local taxes on aviation fuel) shall not apply.
26. Reports and Inspections. It will submit to the Secretary
such annual or special financial and operations reports as the
Secretary may reasonably request. For airport development
projects, it will also make the airport and all airport records
and documents affecting the airport, including deeds, leases,
operation and use agreements, regulations and other instruments,
available for inspection by any duly authorized agent of the
Secretary upon reasonable request. For noise compatibility
program projects, it will also make records and documents
relating to the project and continued compliance with the terms,
conditions, and assurances of the grant agreement including
deeds, leases, agreements, regulations, and other instruments,
available for inspection by any duly authorized agent of the
Secretary upon reasonable request.
27. Use of Government Aircraft. It will make available all of
the facilities of the airport developed with Federal financial
assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft in
common with other aircraft at all times without charge, except,
if the use by Government aircraft is substantial, charge may be
made for a reasonable share, proportional to such use, for the
cost of operating and maintaining the facilities used. Unless
otherwise determined by the Secretary, or otherwise agreed to by
the sponsor and the using agency, substantial use of an airport
by Government aircraft will be considered to exist when
operations of such aircraft are in excess of those which, in the
opinion of the Secretary, would unduly interfere with use of the
landing areas by other authorized aircraft, or during any
calendar month that --
a. Five (5) or more Government aircraft are regularly based
at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a
movement) of Government aircraft is 300 or snore, or the gross
accumulative weight .of Government aircraft using the airport (the
total movements of Government aircraft multiplied by gross
weights of such aircraft) is in excess of five million pounds.
28. 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.
29. Airport Layout Plan.
a. 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; and (3) the
location of all existing and proposed nonaviation areas and of
all existing improvements thereon. Such airport layout plan and
each amendment, revisicn, 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 in 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. If a change or alteration in the airport or its
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 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.
30. Civil Rights. It will comply with such rules as are
promulgated to assure that no. person shall, on the grounds of
race, creed, color, national origin, sex, age, or handicap be
excluded from participating in any activity conducted with or
benefiting from funds received from this grant. This assurance
obligates the sponsor for the period during which Federal
financial assistance is extended to the program, except where
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: (a) the period during which the property is
used for a purpose for which Federal financial assistance is
extended, or for another purpose involving the provision of
similar services or benefits or (b) the period during which the
sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise
compatibility purposes, it will, when the land is no
longer needed for such purposes, dispose of such land
at fair market value at the earliest practicable time.
That portion of the proceeds of such disposition which
is proportionate to the United States share of the cost
of acquisition of such land wi~il, at the discretion of
the Secretary, (1) be paid to the Secretary for deposit
in the Trust Fund, or (2) be reinvested in an approved
noise compatibility project as prescribed by the
Secretary.
b. (1) For land purchased under a grant for airport
development (other than noise compatibility) purposes,
it will, when the land is no longer needed fdr airport
purposes, dispose of such land at fair market value or
make available to the Secretary an amount equal to the
United States proportionate share of the fair market
value of the land. That portion of the proceeds of
such disposition which is proportionate to the United
States share of the cost of acquisition of such land
will, (a) upon application to the Secretary, be
reinvested in another eligible airport improvement
project or projects approved by the Secretary at that
airport or within the national airport system, or
(b) be paid to the Secretary for deposit in the Trust
Fund if no such eligible project exists.
(2) Land shall be considered to be needed for airport
purposes under this assurance if (a) it may be needed
for aeronautical purposes (including runway protection
zone) or serves as noise buffer land, and (b) the
revenue from interim uses of such land contributes to
the financial self-sufficiency of the airport.
Further, land purchased with a grant received by an
airport operator or owner before December 31, 1987,
will be considered to be needed for airport purposes if
the Secretary or the Federal agency making such grant
before December 31, 1987, was notified by the operator
or owner of the use of such land, did not object to
such use, and the land continues to be used for that
purpose, such use having commenced not later than
December 15, 1989.
(c) Disposition of such land under (a) or (b) will be sub-
ject to the retention or reservation of any interest or
right therein necessary to ensure that such land will
only be used for purposes which are compatible with
noise levels associated with operation of the airport.
32. Engineering and Design Services. Zt will award each
contract, or sub-contract for program management, construction
management, planning studies, feasibility studies, architectural
services, preliminary engineering, design, engineering,
surveying, mapping, or related services with respect to the
project in the same manner as a contract for architectural and
engineering services is negotiated under title IX of the Federal
Property and Administrative Services Act of 1949 or an equivalent
qualifications-based requirement prescribed for or by the sponsor
of the airport.
33. Foreign Market Restrictions. It will not allow funds
provided under this grant to be used to fund any project which
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.
34. Policies, Standards, and Specifications. It will carry
out the project in accordance with policies, standards, and
specifications approved by the Secretary including but not
limited to the advisory circulars listed in the "Current FAA
Advisory Circulars for AIP Projects, " dated .~'uc. !8.(99d and included
in this grant, and in accordance with applicable state policies,
standards, and specifications approved by the Secretary.
-~•- ~35. Relocation and Real Property Acquisition. (1) It will
be guided in acquiring real property, to the greatest extent
practicable under State law, by the land acquisition policies in
Subpart H o! 49 CFR Part 24 and will pay or reimburse property
owners for necessary expenses as specified in Subpart B. (2) It
will provide a relocation assistance program offering the
services described in Subpart C and fair and reasonable
relocation payments and assistance to displaced persons as
required in Subparts D and E of 49 CFR Part 24. (3) It will
make available within a reasonable period of time prior to
displacement comparable replacement dwellings to displaced
persons in accordance with Subpart E of 49 CFR Part 24.
36. Drug-Free Workplace. It will provide a drug-free workplace
at the site of work specified in the grant application in
accordance with 49 CFR Part 29 by (1) publishing a statement
notifying its employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled
substance is prohibited in the sponsor's workplace and specifying
the actions that will be taken against its employees for
violation of such prohibition; (2) establishing a drug-free
awareness program to inform its employees about the dangers of
drug abuse in the workplace and any available drug counseling,
rehabilitation, and employees assistance programs; (3)~notifying
the FAA within ten days after receiving notice of an employee
criminal drug statute conviction for a violation occurring in the
workplace; and (4) making a good faith effort to maintain a
drug-free workplace.
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Efkdivc Datc: 7-15-91
NUMBER SUBJECT
7Qr7460-1 G C~itn~Cdon Maitcin~ and Lipf>any
15015100`t48 Arohifoclural, EnOi-teerinp, and Ptarx~irq Ccnarftarrt Services far Airport Gant
CHG 1 Projects
1 SOy~pt}.3p A+rpor! VYKMfar Safagr end Operators
CHGta2
t bQ~~21C{-68 Painting, Merh+r~p and ~iQ->bn0 of Whidas Used on an Airport
t50IS~t0-7s A;roran Fr+o and a.sa+. C«,xrtunic>i~sons
15415210-14 Airport Frr+s and Fiosaua Persartsi Prolxtiw Cbthing
15015214-15 Akppt ~~ A F~f1~0 ~0r ~~ D°~n
1bW6Z20-4A WaMr &tOPb s!-aMms br Ainadt Fn and iiwa~s Prwsction
1ao+azza-tcu- Gt~do sp.af~anon f« wa~tat>*w.tn Typ. A~t+~ran ate,. and f=,n.rgneng v.t,la~.
150+5220-11 ~P~ ~ ~ C'~0
1lfQlbZ10-t2 ~p~ S~~ta~ °^ ~~
11f01lSZZO-i3A Fitnwafr 9~xf~ CortdNion 9rnaor 9psaifioation aui~ie
i50V5224-14A llirport Fig and Fiwaia WMrcb Spsdficaoon C~ida
1~G5220-ib f~tttltfirtpt Ior Stottgs and Mainw~s~+rs d Airport Srww Ro~~oval artd (w Canaol
Equiprrnrtt A Guido
15015220`tfi 14ifonta0ad VMoafher 0bsorvirq Systems to Norr-Fydrra7 Apptie~ors
1224-17 Design Smr-dordt for /lirorah Fioccura F+-o-60M+^9 Training Facilioota
15015300-19 ~P°n ~i9n
CHG t
15015320-68 ~P~ ~~~o
1'SOrlS320-f9C Airport Pa~wrtwnt Dotl9n and Evaiua0on
cHa t a 2
1~g~.ty~
AAoasuremant. ConsErvclfon. and pitointerrsnos of Skid Resistant Airport Pavsrttsnt Surfaces
16015524-14 Mph ~~ ~ ~~ ~^~ Pup°~
15CY5325-4A Fiunw~y L.anglh Requ~+a~ for Airport Oas9n
CHa t
t 5011f3/4-t F MsrkirW d Paved ArM~ on AirDa'b
15015340-4C IntWiton Ds~r1 br Rumw~y Catrrfirw Toudtdown Z.ono LigMinO 9ysbntt
CHCi i 6 2
15015344-+38 3egmanted Cir+do Air~ott f~Aarlmr Sy-s~^
CHG t
16QIb940-118 E~OOAOnty APPS ~h~ ~
CH41 at, 2
15CY5310-178 Svndb'Y Parser br Nor--FM Aiport Li~h5rt0 9trs'I~m
1ti0/63f0-18B Standards br AkP~ ~^ ~~
15015340-1g Taxrwalr Contorfirw L~Ohdr't9 System
15Qr5340-2t Airport M'ioslsroas Liphtin0 Yrsual Aids
t5Q15344-298 ~tPP~~ Wirrd Cones
16015.144-?A Rurway and Taxtw~q- Edpa lig~rg ~~
CHa t
15015344-27A
Air-~b-Ground Fide Cartel d Airport Liphtirq e~s~rt+s
d°n for L~21 PanoM for Firrnto~e Qonbd of Akport LiQhtirtp
ifi
S
15015946-SD oa
paa
1501b34b-61- Civuit 8oloator Switch
tion fa L-824 Underprotmd Ebcirieel Cablt br Airport LipNdn9 Ciroui~
S
ili
15pV594r7D peo
oa
CHG 1
~mn 1~- Ca~dnt front Fisqula~ra Re~u~ MoriitoK
150V634S-tOE Spsa
15as3+r-t x spsabo~t ~ arrd H.Mp°'t e°'°°"
dGaotion for L-~41 AuxifiarY F1day C'bi^et Asso^~DI~' Iw Pita Control d Airport
15016345-13A 3Po
Liyhtirg ciraiits
C(iRREN'T FAA ADVISORY CIRCULARS FOR AIP PROJECTS (continued)
i
)Effecti~•e Date: 7-IS-91
NUMBER sU8JEC7
150/5345268 5pxification for L-823 Plug and Fisoeptacfe, Cable Conrwetors
CHG1i2
160/5346--27C Spapfication for Wind Cores A~sernbliss
16015345.280 Preasion Approach Path Indcafor (PAPq 9ysterns
1501534'5-398 FAA Speafication L-853, Runway and Taxiway Centsrfir» Ratroteftective Marhars
CHG 1
t50V'S34.,-42C Spac~ication for Airport Light Bases, TrarrctormK Housinpt, Junclon Boxes and
Aooessoriei
1601534ra30 3peoifioation for Obstrvr.~ean Lightirp Equipment
150rS34S-44D Specdcation la Taxiway aid Rurnvay Siprn
16dS345~16A LiflhMieiyht Approadt Liflf-t StnxAUre
160x5345-I6A Spedhcaewr br Runway and Taxiway liflht Fxtures ,
15Q1634'S-47A lsclstion Transtomters for Airport lipping Sysbms
1 SQr5345-4fiN Spoafication L-854. Aadio CanMOI Equipmenx
i X60 Specification for Portable ~''+Y Liflhb
CHG 1
16Qr5345~t Spxifipdion for Dictharye•-TYpe Flasher Equip»ertt
CHG 1
i50J534!~a2 Generic Visual Gfidesbpe Irtdipd~xs (GVGI)
t6O,N~0,rg Pgminp Ard Desifln of Airport Terminal Faciliios a Non-Nub Locatiorx
150/5160--12 ~P~ ~fi~n9 5 G~ics
1 6015360--13 Plaminfl and Design Guidanoa for Airport Tom+iniJ Faa'kies
16p5,37~2C Oporational Satoty on Airports Durinfl Construc~on
t 50/537'0-68 Concwction Proflross and Ic~speceon Rspart-Airport Grant Program
1SQ1537'Q-iQA Standards for Specilyinfl Constrvcbn of Aitporb
CHG 1, 2, 3
1fi01837't}-11 Use of Ncnd~esUuctn+e Testinfl OwioM in the Evalua0on of Airport PaverrwMs
CHG 1
18C1r537Q12 Quality Contrd of Constn~cion kx Airport Gnat Projects
1bO/S39a-2 NoiiPoft Ocs+Qn
1 b015.100-.'i Vt~tiport ~9n
Certification for Contracts Grants Loans and Cooperative
~.areements
The undersigned certifies, to the best of his or her
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL,
"Disclosure of Lobby Activities," in accordance with its
instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a
prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signed Dated
Sponsor's Authorized Representative
INSTRUCTION FOR COMPLETION OF SF-LLL, DISCLOSURE
OF LOBBYING ACTIVITIES
i' Disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
inquiring or attempting to influence an officer or employee of any agency, a Mertber of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-III-A Continuation
Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial
filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for
additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence
the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change
to the information previously reported, enter the year and quarter in which the change
occurred. Enter the date of the last previously submitted report by
this reporting entity for this covered Federal action.
4. Enter the full name, address, city state and zip code of the reporting entity. Include Congressional District,
if known. Check the appropriate classification of the reporting entity that
designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the
/first subawardee of the prime is the 1st tier. Subawards include but are
not ~iaiited to subcontracts, subgrants and contract awards under grants.
5. !f the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city,
state and zip code of the prime Federal recipient. Include Congressional
District, if known. '
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative
agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1
(e.g., Request for Proposal (RFP) number; Invitation for Bid (!FB) number, grant
announcement ntmber, the contract, grant, or loan award number; the application/proposal control number assigned by
the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the
Federal amount of the award loan commitment for the prime entity identified in Item 4 or
5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity
identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a).
Enter last Name, First Name, and Middle Initial (MI>. `
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the
lobbying entity (item 10>. Indicate whether the payment has been made (actual) or
will be made (planned). Check alt boxes that apply. If this is a material change report, enter the cumulative amount
of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution,
specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to
perform, end the date(s) of any services rendered. Include all preparatory and
related activity, not just time spend in actual contact with federal officials. Identify the federal official(s) or
employee(s) contacted or the officer(s), employee(s), or Nember(s) of Congress
that were contacted.
15. Check whether or not a SF-LLL-A Contirwation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction
Project (0348-0046), Washington, D.C. 20503.
. , , .,
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant
to 31 u.S.C. 1352
(See reverse for public burden disclosure)
1.1ype of Federal Action: 2. Status of federal Action:
a.contract a.bid/offer/application
b.material change b.initial award
c.cooperstive agreement c.post-eward
d.loan
e.loan guarantee
f.loan insurance
4.Name and Address of Reporting Entity
Priax Subawsrdee
Tier if known
Congressional District, if known:
6.Federal Department/Agency:
B.Federal Action No., if known:
t0.a. Naarc and Address of Lobbying Entity
if individual, last name, first name, MI):
11.Amount of Payment(cheCk all that apply):
s actual planned
12.FOrm of Payment (check all that apply):
a.cash
b.in-kind:specify: nature
value
a.retainer
b one-time fee
c.commission
d.contingent fee
e.deferred
f.other:specify_
1G. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employees>, or
Member(s) contacted, for Payment Indicated in Item 11:
15.Continuation Sheet(s) Sf-lll-A attached: Yes No
16.lnformation reo~uested through this form is authorized by title 31 U.S.C.
Section 1352. This disclosure of lobbying activities is a material
representation of fact upon which reliance was placed by the tier above when
this transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be reported to the
Congress semi-amually and will be available for public inspection. Any person
who fails to file the required disclosure shall be subject to a civil penalty
of not less than 110,000 and not more than 5100,000 for each such failure.
Federal Use Only:
3. Report Type:
a.initial filing
b.material change
For Material Change Only:
year quarter
date of last report
S.If Reporting Entity in No. 4 is Subawardee,
Enter Name and address of Prime:
Congressional District, if known:
7.federal Drogram Name/Description:
CFDA No., if applicable
9.Award Amount, if kno~yn:
S
b.lndividuals Performing Services (including
address if different from No.
first name, MI>:
13.Type of Payment (check all that apply):
Signature•_
Print Name•_
Title:
Date:
Telephone Mo.:
Standard Form-lll
~~ ~ DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
REPORTING ENTITY: Page of_
Standard Form•UL-A