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HomeMy WebLinkAboutGrant Agreemment For Augusta Regional Airport Augusta Richmond GA DOCUMENT NAME: Q,y-o.n-t :r<-tn",n-{ .\'o( . A5vst9- "\2.5onc>-t A.rpori:c DOCU~T TYPE: ~ "<.IYI" rye YEAR:CY2 BOX NUMBER: \1 FILE NUMBER: I Co 'i 05 NUMBER OF PAGES: ..:... . '20 AUGUSTA-RICHMOND COUNTY COMMISSION .JAMES B. WALL CITY ATTORNEY LEE BEARD TO~lMY Bm'LES ULMER BRIIlGES ANDY CHEEK BOBBY G, HANKERSON WILLIAM Il. KUIILKE, ,JR, '\'1\'1. "'''n..LlE'' H. i\lAYS, III STEPHEN E, SHEPARD MARION WILLIAMS BOR YOUNG Mayor P,O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R, KOLE Administrator RIClIARD L. COLCLOUGH Mayor Pro Tem September 23, 2002 Ms, Lena Bonner Clerk, Commission 8th Floor, City-County Bldg, Augusta, GA 3091] RE: Grant Agreement Augusta Regional Airport Dear Lena: I enclose herewith a fully executed copy of the Lease Agreement between the U. S. Department of Transportation and Augusta, Please include this in the City's permanent records. By carbon copy of this letter, I am forwarding a copy of same to Kathryn So1ee for her records. With best personal regards, I am Yours very truly, ~ James B. Walll~ JBW/sjp Enclosure cc: Ms, Kathryn Solee GRANT OFFER AND AGREEMENT BETWEEN THE U.S. DEPARTMENT OF TRANSPORTATION AND THE AUGUSTA AVIATION COMMISSION, ACTING FOR THE COMMUNITY OF AUGUSTA, GEORGIA, UNDER THE SMALL COMMUNITY AIR SERVICE DEVELOPMENT PILOT PROGRAM WHEREAS, the Augusta Aviation Commission, hereinafter referred to as the Sponsor (or Grant Recipient or Grantee), on behalf of the community of Augusta, Georgia~ has applied for a Grant under the Small Community Air Service Development Pilot Program; now THEREFORE, the U.S. Department of Transportation, hereinafter referred to as the DOT, acting for the UNITED STATES, offers the Sponsor a grant in the amount of$759,004to assist in Sponsor's efforts to address the community's air service needs. THIS OFFER IS MADE ON AND SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: A. GENERAL CONDITIONS 1. . The Maximum obligation ofthe United States payable under this Offer shall be: $759,004. 2. Payment of the United States' share of the agreed project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the DOT may prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of agreed project costs and settlement will be made for any upward or downward adjustments to the United States' 'share of costs. 3~ The Sponsor shall carry out and complete the Projects without undue delays and in accordance with the terms hereof, and such regulations and procedures as the DOT may prescribe. 4. The DOT reserves the right to amend or withdraw this offer at any time prior to its, acceptance by the Sponsor. 5. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless the Sponsor accepts this offer on or before September 23,2002, or such subsequent date as may be prescribed in writing by the DOT. 6. 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 manner in any project upon which Federal funds have been expended. For the purposes of this agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this DOT Grant Agreement (hereinafter referred to as the Grant Agreement). 7. The Sponsor shall retain all documents relevant to the grant award for a period of seven years from completion of all projects undertaken pursuant to the Grant Agreement and receipt of final reimbursement from the U.S. Treasury. Itshall furnish the DOT, 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 DOT. 8. The United States shall not be responsible or liable for damage to property or injury to persons that may arise from, or be incident to, compliance with this Grant Agreement. 9. The Sponsor shall ensure compliance with Federal regulations requiring conduct of a Federally approved audit of any expenditure of funds under this grant award in excess of $300,000 in any twelve-month period. 10. The provisions of 49 CFR S 1'8.36 will apply to the extent that the Sponsor procures property and services in carrying out the approved grant project(s). B. SPECIAL CONDITIONS 1. Except to the extent otherwise inconsistent with the terms of this Grant Agreement, DOT Order 2002-6-14, served June 26,2002, and the Application originally submitted to the DOT on April 22, 2002, in Docket OST-2002-11590-183, including any amendments, as well as any material submitted in the Docket as Confidential Material, are incorporated by reference and made a part hereof. 2. Subject to terms set forth in this agreement, the DOT reserves the right to terminate the Grant Agreement, and the DOT's obligations thereunder, on 90 days written notice, unless otherwise agreed between the Sponsor and the DOT, if any of the following occurs: , a: The Sponsor fails to provide the local contribution, as provided in its application. b. The Sponsor fails to provide the in-kind contribution as provided iri its application; c. The Sponsor does not meet the obligations, specified under the Proposal Specific Conditions set forth below. d. The DOT determines that termination is in the public interest. 3. Either party may seek to amend or modify this Grant Agreement on 90 days written notice to the other party. The Grant Agreement will be amended or modified only on mutual agreement by both parties.' 4. At any time, on 9.0 days written notice, the Sponsor may request termination of this Grant Agreement. 5. Subject to the terms set forth in this Grant Agreement, and unless otherwise agreed between the Sponsor and the DOT" this Grant Agreement will expire three years from the date of execution. 2 . C. PROPOSAL SPECIFIC CONDITIONS 1. Legal Sponsor: The Augusta Aviation Commission, identified by the community of Augusta, Georgia, as the legal Sponsor under the Small Community Air Service Development Pilot Program, shall administer the Grant according to the conditions set forth in this Grant Agreement. Sponsor Contact: Ms. Kathryn Solee Director of Marketing and Business Development Augusta Regional Airport 1501 Aviation Way Augusta, GA 30906-9602 (706) 798-3236 2. Proiect Goals and Obiectives . ,Secure new air service, including two. new airlines to serve the region. . Add non-stop jet service to New York, Washington, and Chicago; . Build passenger usage through partnerships with businesses and through marketing and advertising. . Implement marketing campaigns aimed at retaining local passengers. 3. Funding a. Total Project Costs: $1,925,050 Federal Share: $759,004 Local Share: $1,166,046 b. Payment by DOT shall not exceed $759,004 for the total project, with a maximum of $220,002 for initiatives related to building passenger usage, and $539,002 for initiatives related to retaining local passengers. c. The Sponsor shall submit evidence of all expenditures associated with the grant project set forth in paragraph b., above, and included in the total project costs set forth in paragraph a., above (those to be covered by the local and/or state contribution, as well as those covered by the Federal contribution) on a monthly basis. The DOT will reimburse the Sponsor on a monthly basis for 39A3 percent of all valid expenditures submitted (Federal share of total project costs set forth in paragraph a., above), subject to the specific limits of Federal funding in paragraph b., above, and subject to paragraph d., below. All monthly reimbursement requests to the DOT shall include sufficient documentation (e.g., invoices) to justify reimbursement of the Sponsor as set forth in this Grant Agreement. d. Payment of the final"lO p~rcent of the Federal funding for the project will be made after receipt by the DOT of the final report set forth in Section CA, below. e. Ifwithin one year from the date of execution of this Grant Agreement, the Sponsor has not demonstrated, as set forth in Part C.5, below, that it has implemented a marketing plan for its Business Partnering initiative and the 3 Retaining Passenger Usage initiatives, the Sponsor and the DOT will reevaluate whether continued funding for the Sponsor's proposal is warranted. f. The Sponsor shall ensure that the funds provided by the DOT are not misappropriated to any other account, need, project, line-item, or the like. g. Any Federal funds not expended in conjunction with the project three years after the date of execution of the Grant Agreement will remain with the DOT, unless otherwise agreed between the Sponsor and the DOT. No further reimbursements to the Sponsor will be made or are to be expected. h. Should this Grant Agreement be terminated prior to the expiration date provided herein, the DOT reserves the right to require that any 'of the funds reimbursed to the Sponsor be returned to the DOT. 4. Progress Reports a. Project reports, including progress on milestones as set forth in paragraph c. below, shall be reported to the DOT on a quarterly basis. b. Project reports shall include the following: (i) a status report on all promotional activities undertaken; (ii) status of recruitment of additional carrier services, including carrier name, markets to be served, and type of aircraft to be used; (iii) . status of the On-site Information Center, including design, construction, staffing, and use; (iv) status of the Community's Prepaid Ticket Purchase Program as provided on page 62 ofthe application; (v) status of the proposed Frequent Flyer initiatives; (vi) status of world-wide web development; (vii) comparison of enplanements for the airport generally on a monthly basis, beginning with the month of execution of the Grant Agreement, compared to the same month in each of the previous two years (in a format provided by the DOT); and (viii) enplanements by month for each new service instituted at the airport after execution of the Grant Agreement (in a format to be provided by the DOT). c. Reporting ofproject inilestones shall include: (i) commitment of new or incumbent airlines to provide additional service at Augusta; (ii) commencement of services to New York, Washington, D.C., and Chicago; (iii) selection ofa full- time sales representative; (iv) completion of the On-Site Information Center; (v) full funding ofthe proposed Prepaid Ticket Purchase Program; and (vi) growthin overall enplanements at the airport. d. Final report of the Sponsor's assessment of the success or failure of the project shall be made to the,DOT within three months after expiration of this Grant , Agreement or conclusion ofthe grant project, whichever occurs earlier, including the ability of any services implemented to be self-sustaining; evaluation of service reliability; available one-way and round-trip fares; and other indicia regarding the , success/failure of the service, e.g., enplanements; a summary of customer complaints and/or comnients; adequacy of service levels/schedules, aircraft size, and fare levels; and an assessment, including empirical data, as to whether the , project achieved the community's goal of adding 110n-stop jet service to New York, Washington, and Chicago, and increasing ridership at the airport, unless otherwise agreed between the Sponsor and the DOT. (Final report will be in a format to be provided by the DOT). 4 t" 5. Sponsor Obligations a. Within three months following the date of execution of the Grant Agreement, the Sponsor shall submit to the DOT a detailed marketing plan as set forth in the application, including the types of media to be used, projected expenditures for each marketing component, and timeline for release ofthe marketing/advertising m~~~. ' b. The Sponsor shall provide the above information for each marketing initiative included in its application: new airline services and general airport promotions, including Business Partnering, the On-site Information Center, Frequent Flyer programs, extended world-wide web development, and public relations efforts. c. The Sponsor shall provide on a continuing basis, as much information as necessary to accurately and completely document the placement of individuals hired to conduct or complete any goal or objective identified above, including copies of job descriptions, job vacancy advertisements, job hiring announcements or letters, and job duties and responsibilities for each position. d. The Sponsor shall provide, on a quarterly basis, copies of all promotional materials including: (i) copies of any newspaper and/or magazine advertisements/inserts, direct mailings, and any other promotional material used in implementing its proposal; (ii) copies of billboard advertisements and cities or airports where the billboards will appear; . (iii) details of any world-wi de-web marketing program, including the sites on which the marketing will take place; and (iv) other samples of marketing materials (e.g., VHS or DVDs for commercial television advertisements) to be used. e. The Sponsor shall provide documentation on a quarterly basis to substantiate its proposed in-kind contribution ($255,220) toward the overall project funding. f. The Sponsor shall provide documentation on a quarterly basis to substantiate funding of the proposed Prepaid Ticket Purchase Program. g. Within 15 calendar days of their execution, the Sponsor shall provide the DOT with a copy of all agreements reached between the Sponsor and airlines committing to serve the community, including the markets to be served, the frequency and schedule for the proposed service, the aircraft type to be used, the date that service will begin, and any financial support agreements between' the ' Sponsor and the carrier. h. The Sponsor shall ensure that the obligations set forth in Section CA of this Grant Agreement (progress Reports) are met. D. ASSURANCES The Sponsor shall execute the attached assurances and certifications in conjunction with execution of this Grant Agreement and shall ensure compliance by the grant recipient with those assurances and certifications. The DOT incorporates by reference, and the Sponsor agrees to comply with, all applicable provisions of FAA Order 5100-38 B. 5 E. DEFINITIONS Agreement: Any written or oral contract, obligation, commitment, or understanding between the Sponsor and/or all parties identified in the community's grant proposal. Application or Grant Application: The complete document submitted by the community/sponsor to the DOT in Docket OST-2002-11590, as it may be amended. Carrier or Air Carrier or Airline: Entity, including commuter air carriers and air taxi operators, providing air services. Community: All parties identified in the grant application as participating in the approved grant project, including the designated Legal Sponsor. , DOT: United States Department of Transportation. Execution of Grant Agreement: Signing of the Grant Agreement by the DOT and the Sponsor. Federal Share: Federal funds authorized for use by the grant recipient in implementing the approved grant proj ect. Grant Agreement: The agreement between the DOT and the Sponsor for the authorized project under the SCASDPP and DOT Order 2002-6-14. Local Share: Public, community, state, or private funds, excluding in-kind contributions described in the grant application, ,committed in the grant application for use in implementing the approved grant proposal. Party: The Department of Transportation and/or the Sponsor, as the context indicates. Project or Grant Project: The authorized use of Federal and/or local funds to fulfill the goals and objectives described in the community grant application. Proposal: Project defined by the community in its grant application. Quarter or Quarterly: Calendar quarter. Reports or other information required for submission on a quarterly basis are due rio later than 15 calendar days after close of the calendar quarter. Small Community Air Service Development Pilot Program (SCASDPP): A grant-in- aid financial assistance program established under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21), P.L. 106-181, and codified in 49 U.S.C. 41743 et seq. ,. Sponsor Obligations: Responsibilities of the Sponsor under this Grant Agreement. 6 Sponsor or Legal Sponsor or Grant Recipient or Grantee: The designated representative of the community to administer and oversee implementation of the Grant Agreement. The Sponsor shall be responsible for ensuring that all participants in the project fulfill their obligations. Total Project Costs: Sum ofthe Federal and local shares contributed toward completion of the approved grant project, excluding in-kind contributions. 7 OFFER This offer is made in accordance with Public Law 106-181 and Public Law 101-87 according to the above conditions and assurances. Executed this \ ~_day of ~ 2002. United States Department of Transportation (SEAL) Qed (J Lb. 'ct ~~ ~ c. Van de Water Assistant Secretary for Aviation and International Affairs ACCEPTANCE The Sponsor agrees to accomplish each element of the project in compliance with the terms and conditions contained herein. zP15- day of ~, 2002. Executed this Augusta Aviation Commission Augusta Regional Airport Augusta, Georgia (SEAL) Augusta Aviation Commission ~ Signature of Sponsor's -~~ . "'''''/0\' '-',"Y' ~~i" '?7~/ ~ ~ha'i rp.erSOQ_ ~\-.....:>. ~,' .. .~,:\,-,; :F;" -~:; , - '~~l/J. ~~e;CI ~ ~ ~:- :::tJ c;nBtt2L~ ..,..." . , T~t~~~-~ ./ ...... ~-.--- - ~\ ... ~ ". t ,. '111~ ..v - Title , 8 CERTIFICATE OF SPONSOR'S ATTORNEY I, :J;;e,s 15. ~ /1 , 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 (or Commonwealth) of Ge.-r;'c.. . Further, I have examined the foregoing Grant Agreement, and the actions taken b smd Sponsor relatmg thereto, and find that the acceptance thereof by said Spon~or 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 (or Commonwealth) and Title 49 U.S.C. in addition, for grants involving projects to be carried out on property not owned by the Sponsor or where Sponsor may make payments to others, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement, including the Assurances, constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof ~ "2.P, 'U;J~l- Date ' Sign re of Sponsor's Attorney ~e~ <g. tJ~(1 Printed or Typed Name ?Z>6 - f 2J - 2..rf p~ Telephone 9 Attachments OFFICE OF THE SECRETARY DEPARTMENT OF TRANSlPORTA TION TITLE VI ASSURANCE (Implementing Title VI of the Civil Rights Act of 1964, as amended) ASSURANCE CONCERNING NONDISCRIMINATION ON THE BASIS OF DISABILITY IN FEDERALLY-ASSISTED PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE, (Implementing the Rehabilitation Act of 1973, as amended, and the Air Carrier Access Act of 1986) 49 CFR Parts 21 and 27 and 14 CFR Parts 271 and 382 It- Lc~ /fv,cJr~ {lvJn~'J'(;P'~ ~ tttte Grant Recipient) HEREBY AGREES THAT, I. As a condition to receiving any Federal financial assistance from the Department of Transportation, it will comply: with Title VI ofthe Civil Rights Act of 1964, as amended, 42 US.C. 2000d--42 U:S.c. 2000d-4; all requirements imposed by or pursuant to: - Title 49, Code of Federal Regulations, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964; and other pertinent directives so that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation. This assurance is , required by Title 49, Code of Federal Regulations, section 21.7(a) and Title 14, Code of Federal Regulations, section 271.9(c). II. As a condition to receiving any Federal financial assistance from the Department of Transportation, it will comply with: section 504 of the Rehabilitation Act of 1973, as amended (29 US.C. 794); the Air Carrier Access Act of 1986 (49 US.C. 1374(c)); and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, Title 14, Code of Federal Regulations, Part 382, Nondiscrimination on the Basis of Handicap in Air Travel; and other pertinent directives so that no otherwise qualified person with a disability, be excluded from participation in, be denied the benefits of, be discriminated against by reason of such handicap in the provision of air transportation, or otherwise be subjected to discrimination under any program for which the Recipient receives Federal financial assistance from the Department of Transportation. This assurance is required by Title 49, Code of Federal Regulations, section 27.9 and Title 14, Code of Federal Regulations, sections 271.9(c) and 382.9. III. It will promptly take any measures necessary to, effectuate this agrei::ment. The. Recipient further agrees that it shall take reasonable actions to guarantee that it, its contractors and subcontractors subject to the Department of Transportation regulations cited above, transferees, and successors in interest will comply with all requirements imposed or pursuant to the statutes and Department of Transportation regulations cited above, other pertinent directives, and the above assurances. IV. These assurances obligate the Recipient for the period during which Federal financial assistance is extended. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the statutes and Department of Transportation regulations cited above, other pertinent directives, and the above assurances. V. These assurances are given for the purpose of obtaining Federal grant assistance under the Small Community Air Service Development Pilot Program and are binding on the Recipient, contractors, subcontractors, transferees, successors in interest, and all other participants receiving Federal grant assistance in the Small Community Air Service Development Pilot Program. The person or persons whose signatures appear below are authorized to sign this agreement on behalf of the Grant Recipient. ' VI. In addition to these assurances, the Recipient agrees to file: a summary of all complaints filed against it within the past year that allege violation(s) by the Recipient of Title VI ofthe Civil Rights Act of 1964, as amended, section 504 of the Rehabilitation Act of 1973, as , amended, or'the Air Carrier Access Act of 1986; or a statement that there have been no complaints filed against it. The summary should include the date the complaint was filed, the nature of the complaint, the status or outcome of the complaint (i.e., whether it is still pending or how it was resolved). ~~A!~{b~Z~ E"';-~ olA.r-~,CeuYr~ Legal Name of Grant Recipient By: r,JSignature of Autho , /f!a-ytr/ 2 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY 'OFFICE OF AVIATION ANALYSIS CERTIFICATION REGARDING INFL VENCING ACTIVITIES Certification for Contracts, Grants, Loans, and Cooperative Agreements 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 ofthe. 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 Form to Report Influencing 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 subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material repre~entation 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. yJ Signature ,t{,1 t tr/ Title ~5k. Cl'A'YJ_'c. Grant cipient ' C\ \ ~o \ 0:).. \ , Date UNI:rED.STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY OFFICE OF AVIATION ANALYSIS CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS IN THE PERFORMANCE OF SMALL COMMUNITY AIR SERVICE PURSUANT TO GRANT AWARD UNDER THE SMALL COMMUNITY AIR SERVICE DEVELOPMENT PILOT PROGRAM A, The grant recipient certifies that it will, or will continue, to provide a drug-free workplace, by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grant recipient's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about-- (I) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drugCcounseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of work supported by the grant award be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment supported by the grant award, the employee will- (I) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of conviction, Employers of convicted employees must provide notice, including position title, to the Office of Aviation Analysis, Notice shall include the order number of the grant award; (I) Taking one of the following actions, within 30 days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted-- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (I), B. The grant recipient may, but is not required to, insert in the space provided below the site for the performance of work done in connection with the specific grant. Places of Performance (street address, city, county, state, zip code). For the provision of air service pursuant to the grant award, workplaces include outstations, maintenance sites,headquarters office locations, training sites and any other worksites where work is performed that is supported by the grant award, ~~ 1er0 ArrJ ~r1 fi~1 cpJG~tR ;H~:;re q\ ~O \ OJ.... Date \ . OFFICE OF THE SECRETARY OF TRANSPORTATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS Instructions for Certification' 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective pnmary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation offact upon which reliance was placed when the department or agency detemiined to.enterinto this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of ' changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and. voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered int~, it sha11 not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and V oluntary Exclusion -- Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, butis not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 9. 'Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by th~s clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a , prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -- Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are.not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted, of or had a civil' judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) ofthis certification; and (d) Have not within a three-year period preceding this applicatioillproposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ~Nam~t~~ A~~,Ga r<<~,( Title q\ ~\O").. , . . Date 2 OFFICE OF THE SECRETARY OF TRANSPORTATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -- LOWERTIERCOVERED TRANSACTIONS Instructions for Certification . 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, p~rson, primary covered transaction, principal, proposal, and voluntarily excluded, as usedjn this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who'is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized QY the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. Aparticipant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9:4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participaJlt is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transactIon with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. ' Certification Regarding Debarment, Suspension, Ineligibility an Voluntary Exclusion -- Lower Tier Covered Transactions ,(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this ce . lcati n, such prospective participant shall attach an explanation to this proposal. ~Name ~- Title =~Ga. Affi. ion I '. q - doO-Od- Date 2 ~J U.S. Department of Transportation Office of the Secretary of Transportation Assistant Secretary 400 Seventh SI., SW, Washington: D,C,'20590 GRANT AGREEMENT ~".. Date of Offer: SEP 1: 0 2002 Project Number: SCASDPP 11590-183 RECIPIENT: The Augusta Aviation Commission (Hereinafter called Sponsor) Contact: Ms. Kathryn Soke, Director of Marketing and Business Development Airport(s): Augusta Regional Airport OFFER THE U.S. DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share, 39.43 percentofthe allowable costs incurred in accomplishing the project consisting of the following: adding non-stop jet service to New York, Washington, and Chicago, and increasing ridership at the airport, ......". as more particularly described in the Project Application submitted in Docket OST-11590, dated April 22, 2002. The maximum obligation of the United States payablelmder this Offer shall be $759,004.00. This offer is made in accordance with and for the purpose of carrying out the provisions of the Wendell H. Ford Aviation Investment and Reform Act for the 21si,c~entury (AIR-21), P.L. 106- 181, under the Small Community Air Service Development Pilot Program, 49 U.S,C.g41743. Acceptance and execution of this offer shall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations and rights of the United States and the Sponsor. United States of America Department of Transportation ead C. Van de Water Assistant Secretary for Aviation and International Affairs ]:1.