HomeMy WebLinkAboutContract 56254 CSC No. 56254
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM GRANT AGREEMENT
PART I—OFFER
Offer Date June 28, 2021
Airport Fort Worth Meacham International Airport
CARES Grant Number 21CRMEACH
Unique Entity Identifier 073170458
TO: City of Fort Worth,Texas
(herein called the "Sponsor")
FROM: The State of Texas, acting through the Texas Department of Transportation (herein called the
"State")
WHEREAS, the Sponsor has submitted to the State an Airports Coronavirus Response Grant
Program (herein called "ACRGP") Application dated June 1, 2021, for a grant of Federal funds
at or associated with Fort Worth Meacham International Airport; which is included as part of this
ACRGP Grant Agreement, (herein called the "Grant");
This Agreement is made and entered into by and between the Texas Department of
Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas,
and City of Fort Worth, Texas, (herein called the "Sponsor").
WHEREAS, City of Fort Worth has accepted the terms of the State's Grant offer;
WHEREAS, in consideration of the promises, representations and assurances provided by the
Sponsor, the State has approved the Grant Application for Fort Worth Meacham International
Airport consisting of the following:
WHEREAS, the purpose of this Grant is to prevent, prepare for, and respond to coronavirus.
Funds provided under this Grant must only be used for purposes directly related to the airport
and shall be provided to such covered airport using this Grant which include the terms,
conditions, and assurances attached hereto. Such purposes can include the reimbursement of
an airport's costs related to operations, personnel, cleaning, sanitization, janitorial services, and
combating the spread of pathogens in accordance with the limitations prescribed in the Act and
incurred no earlier than January 20, 2020. This Grant also may be used to reimburse a
Sponsor's payment of debt service where such payments occur on or after December 27, 2020.
Funds provided under this Grant will be governed by the same principles that govern "airport
revenue." New airport development projects not directly related to combatting the spread of
pathogens may not be funded with this Grant.
NOW THEREFORE, in accordance with the applicable provisions of the CRRSA Act, Public
Law 116-260, the representations contained in the ACRGP Request for Funding, and in
consideration of(a) the Sponsor's acceptance of this Offer; and, (b) the benefits to accrue to the
United States and the public from the accomplishment of the Grant and in compliance with the
Page 1 of 19 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
conditions as herein provided,
THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE
STATE OF TEXAS, HEREBY OFFERS AND AGREES to pay 100% percent of the allowable
costs incurred as a result of and in accordance with this Grant.
Assistance Listings Number (Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer
is.
The following amount represents the calculation of the maximum total obligation available
under the provisions of the CRRSA Act, provided to the Sponsor according to CRRSA Act
formulas:
$57,000
2. Period of Performance. The period of performance shall commence on the date the Sponsor
formally accepts this Grant. The end date of the period of performance is June 6, 2025.
The Sponsor may only charge allowable costs for obligations incurred prior to the end date of
the period of performance (2 CFR § 200.309). Unless the State authorizes a written extension,
the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations
incurred under this award no later than 90 calendar days after the end date of the period of
performance (2 CFR § 200.343).
The period of performance end date shall not affect, relieve or reduce Sponsor obligations and
assurances that extend beyond the closeout of this Grant.
3. Unallowable Costs. The Sponsor shall not seek reimbursement for any costs that the State
has determined to be unallowable under ACRGP.
4. Final Federal Share of Costs. The United States' share of allowable Grant costs is 100%.
5. Completing the Grant without Delay and in Conformance with Requirements. The Sponsor
must carry out and complete the Grant without undue delays and in accordance with this Grant,
the CRRSA Act, and the regulations, policies, standards and procedures of the Secretary of
Transportation ("Secretary"). Pursuant to 2 CFR § 200.308, the Sponsor agrees to report to the
State any disengagement from funding eligible expenses under the Grant that exceeds three
months and request prior approval from State. The report must include a reason for the
stoppage. The Sponsor agrees to comply with the attached assurances, which are part of this
Grant and any addendum that may be attached hereto at a later date by mutual consent.
6. Amendments or Withdrawals before Grant Acceptance. The State reserves the right to
amend or withdraw this offer at any time prior to its acceptance by the Sponsor.
7. Offer Expiration Date. This offer will expire and the State will not be obligated to pay any part
of the costs unless this offer has been accepted by the Sponsor on or before April 1, 2025, or
such subsequent date as may be prescribed in writing by the State.
8. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if
necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal
antitrust statutes, or misused in any other manner, including uses that violate this Grant, the
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CRRSA Act or other provision of applicable law. For the purposes of this Grant, the term
"Federal funds" means funds however used or dispersed by the Sponsor, that were originally
paid pursuant to this or any other Federal grant agreement(s). The Sponsor must return the
recovered Federal share, including funds recovered by settlement, order, or judgment, to the
State. The Sponsor must furnish to the State, upon request, all documents and records
pertaining to the determination of the amount of the Federal share or to any settlement,
litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final
positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share
require advance approval by the State.
9. State of Texas Not Liable for Damage or Injury. The State is not responsible or liable for
damage to property or injury to persons which may arise from, or relate to this Grant, including,
but not limited to, any action taken by the Sponsor related to or arising from, directly or
indirectly, this Grant.
10. Electronic Grant Payment(s). The Sponsor must use the eGrants system to electronically
submit each pay request, and associated support documentation. The State will provide
payment request forms to upload with supporting documentation. The State will review
invoices manually to ensure payment eligibility and is committed to processing payments in a
timely manner.
11. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal
financial reporting requirements and payment requirements, including submittal of timely and
accurate reports.
12. Buy American. Unless otherwise approved in advance by the State, in accordance with 49
U.S.C. § 50101 the Sponsor will not acquire or permit any contractor or subcontractor to acquire
any steel or manufactured goods produced outside the United States to be used for any
permitted use for which funds are provided under this Grant. The Sponsor will include a
provision implementing Buy American in every contract under this Grant.
13. Audits for Private Sponsors. When the period of performance has ended, the Sponsor must
provide a copy of an audit of this Grant prepared in accordance with accepted standard audit
practices, such audit to be submitted to the State.
14. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program-specific
audit in accordance with 2 CFR Part 200. Upon request of the State, the Sponsor shall provide
one copy of the completed audit to the State.
15. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR §
180.200, the Sponsor must:
A. Verify the non-Federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the System for
Award Management (SAM) to determine if the non-federal entity is excluded or
disqualified; or
2. Collecting a certification statement from the non-federal entity attesting the entity is not
excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual or firm is not
excluded or disqualified from participating.
B. Require prime contractors and subcontractors to comply with 2 CFR § 180.330 when
entering into lower-tier transactions (e.g. sub-contracts).
C. Immediately disclose to the State whenever the Sponsor (1) learns the Sponsor has entered
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into a covered transaction with an ineligible entity, or (2) suspends or debars a contractor,
person, or entity.
16. Ban on Texting While Driving.
A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text
Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While
Driving, December 30, 2009, the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers including policies to ban text messaging while driving when performing any work
for, or on behalf of, the Federal government, including work relating to this Grant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as:
a. Establishment of new rules and programs or re-evaluation of existing programs
to prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting while driving in all
contracts and subcontracts.
17. Trafficking in Persons.
A. The Sponsor, as the recipient, and the Sponsor's employees, under this award, may not—
1. Engage in severe forms of trafficking in persons during the period of time this Grant is in
effect;
2. Procure a commercial sex act during the period of time that the award is in effect; or
3. Use forced labor in the performance of the Grant.
B. The State as the awarding agency may unilaterally terminate this award, without penalty, if a
Sponsor that is a private entity—
1. Is determined to have violated a prohibition in paragraph A of this Grant term; or
2. Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph A of this Grant term through conduct
that is either—
a. Associated with performance under this award; or
b. Assigned to the Sponsor using the standards and due process for directing the
conduct of an individual to an organization that are provided in 2 CFR Part 180,
"OMB Guidelines to Agencies on Government-wide Debarment and Suspension
(Nonprocurement),"as implemented by the FAA at 2 CFR Part 1200.
3. The Sponsor must inform the State immediately of any information received from any source
alleging a violation of a prohibition in paragraph A during this Grant term.
4. The State's right to terminate unilaterally that is described in paragraph A of this section:
a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA),
as amended (22 U.S.C. § 7104(g)), and
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b. Is in addition to all other remedies for noncompliance that are available to the
FAA and State under this Grant.
18. Employee Protection from Reprisal.
A. Prohibition of Reprisals—
1. In accordance with 41 U.S.C. § 4712, an employee of the Sponsor may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a
person or body described in sub-paragraph (A)(2), information that the employee
reasonably believes is evidence of:
a. Gross mismanagement of a Federal grant;
b. Gross waste of Federal funds;
c. An abuse of authority relating to implementation or use of Federal funds;
d. A substantial and specific danger to public health or safety; or
e. A violation of law, rule, or regulation related to a Federal grant.
2. Persons and bodies covered: The persons and bodies to which a disclosure by an
employee is covered are as follows:
a. A member of Congress or a representative of a committee of Congress;
b. An Inspector General;
c. The Government Accountability Office;
d. A Federal office or employee responsible for oversight of a grant program;
e. A court or grand jury;
f. A management office of the Sponsor; or
g. A Federal or State regulatory enforcement agency.
3. Submission of Complaint—A person who believes that they have been subjected to a
reprisal prohibited by paragraph A of this grant term may submit a complaint regarding
the reprisal to the Office of Inspector General (OIG) for the U.S. Department of
Transportation.
4. Time Limitation for Submittal of a Complaint - A complaint may not be brought under this
subsection more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General —Actions, limitations, and exceptions of the
Inspector General's office are established under 41 U.S.C. § 4712(b).
6. Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision not
to conduct or continue an investigation by the Office of Inspector General, the person
submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c).
19. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the
terms of any Federal grant agreement(s), including all terms and assurances related thereto,
that have been entered into by the Sponsor and the State prior to the date of this Grant.
20. Air and Water Quality. The Sponsor is required to comply with all applicable air and water
quality standards for all projects in this grant. If the State and Sponsor fail to comply with this
requirement, the State may suspend, cancel, or terminate this Agreement.
21. Face Coverings Policy, The Sponsor agrees to implement a face-covering (mask) policy to
combat the spread of pathogens. This policy must include a requirement that all persons wear a
mask, in accordance with Centers for Disease Control (CDC) guidelines and Transportation
Security Administration (TSA) requirements, as applicable, at all times while in all public areas
of the Airport property, except to the extent exempted under those requirements. This special
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condition requires the airport Sponsor continue to require masks until Executive Order 13998,
Promoting COVID-19 Safety in Domestic and International Travel, is no longer effective.
SPECIAL CONDITIONS FOR USE OF ACRGP FUNDS
CONDITIONS FOR ROLLING STOCK/EQUIPMENT-
1. Equipment or Vehicle Replacement. The Sponsor agrees to treat the proceeds from the
trade-in or sale of equipment being replaced with these funds as airport revenue.
2. Equipment Acquisition. The Sponsor agrees that for any equipment acquired with funds
provided by this grant, such equipment shall be used solely for purposes directly related to the
Airport.
3. Low Emission Systems. The Sponsor agrees that vehicles and equipment acquired using
funds provided under this Grant:
a. Will be maintained and used at the Airport for which they were purchased; and
b. Will not be transferred, relocated, or used at another airport without the advance consent of
the State.
The Sponsor further agrees to maintain annual records on individual vehicles and
equipment, project expenditures, cost effectiveness, and emission reductions.
CONDITIONS FOR UTILITIES AND LAND -
1. Utilities Proration. For purposes of computing the Sponsor's share of the allowable airport
operations and maintenance costs, the allowable cost of utilities incurred by the Sponsor, as
applicable, to operate and maintain airport(s) included in this Grant must not exceed the percent
attributable to the capital or operating costs of the airport.
2. Utility Relocation in Grant. The Sponsor understands and agrees, that:
a. The State will not participate in the cost of any utility relocation unless and until the Sponsor,
has submitted evidence satisfactory to the State, that the Sponsor is legally responsible for
payment of such costs;
b. State participation is limited to those utilities located on-airport or off-airport only where the
Sponsor has an easement for the utility; and
c. The utilities must serve a purpose directly related to the Airport for which the Grant is made.
3. Land Acquisition. Where funds provided for by this Grant used for the purpose of acquiring
land, the State agrees and will require the Sponsor agree to record the Grant, including the
grant assurances and any and all related requirements, encumbrances, and restrictions that
shall apply to such land, in the public land records of the jurisdiction in which the land is located.
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SPECIAL CONDITIONS FOR SPECIFIC ACRGP FUNDING-TOWER
CONDITION FOR FAA FEDERAL CONTRACT TOWERS FUNDS—
1. ACRGP FCT Operations. The Sponsor agrees to use the funds in this Grant allocated
specifically to cover lawful expenses to support Federal Contract Tower operations in
accordance with the CRRSA Act, Public Law 116-260, Division M, Title IV. Use of these funds is
limited to the following:
a. expenses incurred by the Sponsor on or after December 27, 2020 to support Federal
Contract Tower operations such as payroll, utilities, cleaning, sanitization, janitorial services,
service contracts, and combating the spread of pathogens, which may include items
generally having a limited useful life, including personal protective equipment and cleaning
supplies, as well as debt service payments; and
b. eligible equipment for Federal Contract Tower operations defined in FAA Reauthorization
Program Guidance Letter 19-02, Appendix A: FCT Minimum Equipment List, acquired on or
after December 27, 2020.
The Sponsor may not use funds allocated for Federal Contract Tower operations for other
airport purposes. The Sponsor agrees to submit invoices for reimbursement for these funds
separately from other invoices for funds provided in this Grant. Funds not expended under this
condition are subject to recovery by FAA.
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PART II -ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations,
warranties, covenants, and agreements contained in the Grant Application and incorporated
materials referred to in the foregoing Offer under Part 11 of this Agreement, and does hereby
accept this Offer and by such acceptance agrees to comply with all of the terms and conditions
in this Offer and in the Grant Application. The Sponsor understands funding made available
under this Grant may only be used to reimburse for airport operational and maintenance
expenses, and debt service payments. The Sponsor further understands it may submit a
separate request to use funds for new airport/project development purposes, subject to
additional terms, conditions, and assurances. Further, the Grant constitutes a legal and binding
obligation of the Sponsor in accordance with the terms thereof.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: Aug 30,2021
City of Fort Worth,Texas
+City of Fort Worth,Texas
Femando4303116:18<Di1
(Signature of Sponsor's Authorized
Official)
By: Fernando Costa
(Typed Name of Sponsor's Authorized
Official)
Title: Assistant City Manager
(Title of Sponsor's Authorized Official
Approved as to Form and Legality
S M1
Thomas Royce Hansen
Assistant City Attorney
Aug 30,2021
Date
OFFICIAL RECORD
CITY SECRETARY
Page 8 of 19 1 FT. WORTH, TX
DocuSign Envelope ID:0491D3AC-901C-4680-9F4C-A9991CD56697
The Sponsor's acceptance of this Offer and ratification and adoption of the Grant 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 ACRGP, constituting the contractual obligations and rights of the State and the
Sponsor with respect to the accomplishment of the grant application and compliance with the
assurances and conditions as provided herein. Such Grant shall become effective upon the
Sponsor's acceptance of this Offer.
STATE OF TEXAS
TEXAS DEPARTMENT OF
TRANSPORTATION
DocuSigndeby:
(Signature)
Dan Harmon
(Typed Name)
Director, Aviation Division
(Title)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 9 of 19
AIRPORT CORONAVIRUS RELIEF GRANT PROGRAM (ACRGP)
ASSURANCES
AIRPORT SPONSORS
A. General.
1. These Airport Coronavirus Relief Grant Program (ACRGP) Assurances are required to
be submitted as part of the application by sponsors requesting funds under the
provisions of the Coronavirus Relief and Relief Supplemental Appropriations Act of 2020
(CRRSA Act or "the Act"), Public Law Number, Public Law 116-260. As used herein, the
term "public agency sponsor" means a public agency with control of a public-use airport;
the term "private sponsor" means a private owner of a public-use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
2. Upon acceptance of the sponsor, these assurances are incorporated into and become
part of this Grant Agreement.
B. Sponsor Certification.
The Sponsor hereby assures and certifies, with respect to this ACRGP Grant that:
It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the application, acceptance, and use of
Federal funds for this ACRGP Grant including but not limited to the following:
FEDERAL LEGISLATION
a. 49 U.S.C. Chapter 471, as applicable
b. Davis-Bacon Act - 40 U.S.C. 276(a), et. seg.
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et seg.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title
42 U.S.C. 4601, et seg.
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seg.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.
I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.),
prohibits discrimination on the basis of disability).
Page 10 of 19
p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et seg.
s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.
u. Copeland Anti-kickback Act - 18 U.S.C. 874.1.
v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seg.
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.2
y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L.
109-282, as amended by section 6202 of Pub. L. 110-252).
EXECUTIVE ORDERS
a. Executive Order 11246 - Equal Employment Opportunity
b. Executive Order 11990 - Protection of Wetlands
c. Executive Order 11998 - Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs
e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building
Construction
f. Executive Order 12898 - Environmental Justice
g. Executive Order 14005 - Ensuring the Future Is Made in All of America by All of
America's Workers.
FEDERAL REGULATIONS
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement).
b. 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.3,4
c. 2 CFR Part 1200 - Nonprocurement Suspension and Debarment.
d. 28 CFR Part 35 - Discrimination on the Basis of Disability in State and Local
Government Services.
e. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the
Civil Rights Act of 1964.
f. 29 CFR Part 1 - Procedures for predetermination of wage rates. '
g. 29 CFR Part 3 - Contractors and subcontractors on public building or public work
financed in whole or part by loans or grants from the United States. '
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h. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering Federally
financed and assisted construction (also labor standards provisions applicable to non-
construction contracts subject to the Contract Work Hours and Safety Standards Act). '
i. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally assisted contracting
requirements). '
j. 49 CFR Part 20 - New restrictions on lobbying.
k. 49 CFR Part 21 - Nondiscrimination in Federally-assisted programs of the Department of
Transportation - effectuation of Title VI of the Civil Rights Act of 1964.
I. 49 CFR Part 23 - Participation by Disadvantaged Business Enterprise in Airport
Concessions.
m. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
n. 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance. '
o. 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Department of Transportation.
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of
countries that deny procurement market access to U.S. contractors.
q. 49 CFR Part 32 - Government-wide Requirements for Drug-Free Workplace (Financial
Assistance).
r. 49 CFR Part 37 - Transportation Services for Individuals with Disabilities (ADA).
s. 49 CFR Part 41 - Seismic Safety.
FOOTNOTES TO ASSURANCE ACRGP ASSURANCE B.1.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
4 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for
audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws,
regulations, or circulars are incorporated by reference in this Grant Agreement.
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1. Purpose Directly Related to the Airport. It certifies that the reimbursement sought is for a
purpose directly related to the Airport.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed
grant; that an official decision has been made by the applicant's governing body
authorizing the filing of the application, including all understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application and to provide
such additional information as may be required.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed
Grant and comply with all terms, conditions, and assurances of this Grant Agreement. It
shall designate an official representative and shall in writing direct and authorize that
person to file this application, including all understandings and assurances contained
therein; to act in connection with this application; and to provide such additional
information as may be required.
3. Good Title. It, a public agency or the Federal government, holds good title, satisfactory to
the Secretary, to the landing area of the Airport or site thereof, or will give assurance
satisfactory to the Secretary that good title will be acquired.
4. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights
and powers necessary to perform any or all of the terms, conditions, and assurances in
this Grant Agreement without the written approval of the Secretary, and will act promptly
to acquire, extinguish, or modify any outstanding rights or claims of right of others which
would interfere with such performance by the sponsor. This shall be done in a manner
acceptable to the Secretary.
b. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to
ensure that the Airport will continue to function as a public-use airport in accordance with
this Grant Agreement.
c. If an arrangement is made for management and operation of the Airport by any agency
or person other than the sponsor or an employee of the sponsor, the sponsor will
reserve sufficient rights and authority to insure that the Airport will be operated and
maintained in accordance Title 49, United States Code, the regulations, and the terms
and conditions of this Grant Agreement.
5. Consistency with Local Plans. Any project undertaken by this Grant Agreement is
reasonably consistent with plans (existing at the time of submission of the ACGRP
application or State subaward as applicable) of public agencies that are authorized by the
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State in which the project is located to plan for the development of the area surrounding the
Airport.
6. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where any project undertaken by this Grant Agreement may be
located.
7. Consultation with Users. In making a decision to undertake any airport development
project undertaken by this Grant Agreement, it has undertaken reasonable consultations
with affected parties using the Airport at which project(s) is/are proposed.
8. Pavement Preventative Maintenance. With respect to a project undertaken by this Grant
Agreement for the replacement or reconstruction of pavement at the Airport, it assures or
certifies that it has implemented an effective Airport pavement maintenance-management
program and it assures that it will use such program for the useful life of any pavement
constructed, reconstructed, or repaired with Federal financial assistance at the Airport,
including ACRGP funds provided under this Grant Agreement. It will provide such reports on
pavement condition and pavement management programs as the Secretary determines may
be useful.
9. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all Grant accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of this Grant, the total cost of the Grant in
connection with which this Grant is given or used, and the amount or nature of that
portion of the cost of the Grant supplied by other sources, and such other financial
records pertinent to the Grant. The accounts and records shall be kept in accordance
with an accounting system that will facilitate an effective audit in accordance with the
Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, for the purpose of audit and
examination, any books, documents, papers, and records of the recipient that are
pertinent to this Grant. The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is made of the
accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to
the Grant in connection with which this Grant was given or used, it shall file a certified
copy of such audit with the Comptroller General of the United States not later than six (6)
months following the close of the fiscal year for which the audit was made.
10. Minimum Wage Rates. It shall include, in all contracts in excess of$2,000 for work on any
projects funded under this Grant Agreement which involve labor, provisions establishing
minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with
the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to
skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids
and shall be included in proposals or bids for the work.
Page 14 of 19
11. Veteran's Preference. It shall include in all contracts for work on any project funded under
this Grant Agreement which involve labor, such provisions as are necessary to insure that, in
the employment of labor (except in executive, administrative, and supervisory positions),
preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq
war veterans, disabled veterans, and small business concerns owned and controlled by
disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this
preference shall apply only where the individuals are available and qualified to perform the
work to which the employment relates.
12. Operation and Maintenance.
a. The Airport and all facilities which are necessary to serve the aeronautical users of the
Airport, other than facilities owned or controlled by the United States, shall be operated at
all times in a safe and serviceable condition and in accordance with the minimum
standards as may be required or prescribed by applicable Federal, state and local
agencies for maintenance and operation. It will not cause or permit any activity or action
thereon which would interfere with its use for airport purposes. It will suitably operate and
maintain the Airport and all facilities thereon or connected therewith, with due regard to
climatic and flood conditions. Any proposal to temporarily close the Airport for non-
aeronautical purposes must first be approved by the Secretary. In furtherance of this
assurance, the sponsor will have in effect arrangements for-
1) Operating the Airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the
Airport. Nothing contained herein shall be construed to require that the Airport be
operated for aeronautical use during temporary periods when snow, flood or other
climatic conditions interfere with such operation and maintenance. Further,
nothing herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is substantially
damaged or destroyed due to an act of God or other condition or circumstance
beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or
controls upon which Federal funds have been expended.
13. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal
airspace as is required to protect instrument and visual operations to the Airport (including
established minimum flight altitudes) will be adequately cleared and protected by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and
by preventing the establishment or creation of future airport hazards.
14. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the
adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of
Page 15 of 19
the Airport to activities and purposes compatible with normal airport operations, including
landing and takeoff of aircraft.
15. Exclusive Rights. The sponsor shall not grant an exclusive right to use an air navigation
facility on which this Grant has been expended. However, providing services at an airport by
only one fixed-based operator is not an exclusive right if—
a. it is unreasonably costly, burdensome, or impractical for more than one fixed-based
operator to provide the services; and
b. allowing more than one fixed-based operator to provide the services requires a reduction
in space leased under an agreement existing on September 3, 1982, between the
operator and the Airport.
16. Airport Revenues.
a. This Grant shall be available for any purpose for which airport revenues may lawfully be
used to prevent, prepare for, and respond to coronavirus. Funds provided under this
ACRGP State Block Grant Agreement will only be expended for the capital or operating
costs of the Airport; the local airport system; or other local facilities which are owned or
operated by the owner or operator of the Airport(s) subject to this Agreement and all
applicable addendums for costs related to operations, personnel, cleaning, sanitization,
janitorial services, combating the spread of pathogens at the Airport, and debt service
payments as prescribed in the Act.
b. For airport development, 49 U.S.C. § 47133 applies.
17. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request and make such reports available to the public;
make available to the public at reasonable times and places a report of the Airport
budget in a format prescribed by the Secretary;
b. in a format and time prescribed by the Secretary, provide to the Secretary and make
available to the public following each of its fiscal years, an annual report listing in
detail:
1. all amounts paid by the Airport to any other unit of government and the purposes
for which each such payment was made; and
2. all services and property provided by the Airport to other units of government and
the amount of compensation received for provision of each such service and
property.
18. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in
connection with any air traffic control or air navigation activities, or weather-reporting and
communication activities related to air traffic control, any areas of land or water, or estate
therein, or rights in buildings of the sponsor as the Secretary considers necessary or
desirable for construction, operation, and maintenance at Federal expense of space or
facilities for such purposes. Such areas or any portion thereof will be made available as
provided herein within four months after receipt of a written request from the Secretary.
Page 16 of 19
19. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will
keep up to date at all times an airport layout plan of the Airport showing:
1) boundaries of the Airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport purposes
and proposed additions thereto;
2) the location and nature of all existing and proposed airport facilities and
structures(such as runways, taxiways, aprons, terminal buildings, hangars and roads),
including all proposed extensions and reductions of existing airport facilities;
3) the location of all existing and proposed non-aviation areas and of all existing
improvements thereon; and
4) all proposed and existing access points used to taxi aircraft across the Airport's
property boundary. Such Airport layout plans and each amendment, revision, or
modification thereof, shall be subject to the approval of the Secretary which approval
shall be evidenced by the signature of a duly authorized representative of the
Secretary on the face of the Airport layout plan. The sponsor will not make or permit
any changes or alterations in the Airport or any of its facilities which are not in
conformity with the airport layout plan as approved by the Secretary and which might,
in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the
Airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a
change or alteration in the Airport or the facilities is made which the Secretary determines
adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded
property on or off the Airport and which is not in conformity with the airport layout plan as
approved by the Secretary, the owner or operator will, if requested, by the Secretary (1)
eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs
of relocating such property (or replacement thereof) to a site acceptable to the Secretary
and all costs of restoring such property (or replacement thereof) to the level of safety,
utility, efficiency, and cost of operation existing before the unapproved change in the
Airport or its facilities except in the case of a relocation or replacement of an existing
airport facility due to a change in the Secretary's design standards beyond the control of
the airport sponsor.
20. Civil Rights. It will promptly take any measures necessary to ensure that no person in the
United States shall, on the grounds of race, creed, color, national origin, sex, age, or
disability be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any activity conducted with, or benefiting from, funds received
from this Grant.
a. Using the definitions of activity, facility, and program as found and defined in §§ 21.23 (b)
and 21.23 (e) of 49 CFR Part 21, the sponsor will facilitate all programs, operate all
facilities, or conduct all programs in compliance with all non-discrimination requirements
imposed by or pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other Federal
assistance) for any of the sponsor's program or activities, these requirements extend
to all of the sponsor's programs and activities.
2. Facilities. Where it receives a grant or other Federal financial assistance to construct,
Page 17 of 19
expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the
assurance extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial
assistance in the form of, or for the acquisition of, real property or an interest in real
property, the assurance will extend to rights to space on, over, or under such
property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which
Federal financial assistance is extended to the program, except where the Federal
financial assistance is to provide, or is in the form of, personal property, or real property,
or interest therein, or structures or improvements thereon, in which case the assurance
obligates the sponsor, or any transferee for the longer of the following periods:
1. So long as the Airport is used as an airport, or for another purpose involving the
provision of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language.
It will include the following notification in all solicitations for bids, Requests for Proposals
for work, or material under this Grant and in all proposals for agreements, including
airport concessions, regardless of funding source:
"The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby
notifies all bidders that it will affirmatively ensure that for any contract entered into
pursuant to this advertisement, disadvantaged business enterprises and airport
concession disadvantaged business enterprises will be afforded full and fair opportunity
to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, or national origin in consideration for an award."
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts
and regulations relative to non-discrimination in Federally-assisted programs of the
DOT, and incorporating the acts and regulations into the contracts by reference in
every contract or agreement subject to the non-discrimination in Federally-assisted
programs of the DOT Acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that
is subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land,
in any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis
of race, color, national origin, creed, sex, age, or handicap as a covenant running with
the land, in any future deeds, leases, license, permits, or similar instruments entered
into by the sponsor with other parties:
A. For the subsequent transfer of real property acquired or improved under the
applicable activity, grant, or program; and
B. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, grant, or program.
Page 18 of 19
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-
grantees, contractors, subcontractors, consultants, transferees, successors in interest,
and other participants of Federal financial assistance under such program will comply
with all requirements imposed or pursuant to the acts, the regulations, and this
assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
21. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to
fund any activity that uses any product or service of a foreign country during the period in
which such foreign country is listed by the United States Trade Representative as denying
fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
22. Policies, Standards and Specifications. It will carry out any project funded under an Airport
Coronavirus Relief Program Grant 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 March 25, 2021, and included in this
grant, and in accordance with applicable state policies, standards, and specifications
approved by the Secretary.
23. Access By Intercity Buses. The airport owner or operator will permit, to the maximum
extent practicable, intercity buses or other modes of transportation to have access to the
Airport; however, it has no obligation to fund special facilities for intercity buses or for other
modes of transportation.
24. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of any DOT-assisted contract
covered by 49 CFR Part 26, or in the award and performance of any concession activity
contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the
basis of race, color, national origin or sex in the administration of its Disadvantaged Business
Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE)
programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all
necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination
in the award and administration of DOT-assisted contracts, and/or concession contracts. The
sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as
approved by DOT, are incorporated by reference in this Agreement. Implementation of these
programs is a legal obligation and failure to carry out its terms shall be treated as a violation
of this Agreement. Upon notification to the sponsor of its failure to carry out its approved
program, the Department may impose sanctions as provided for under Parts 26 and 23 and
may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801).
25. Acquisition Thresholds. The FAA deems equipment to mean tangible personal property
having a useful life greater than one year and a per-unit acquisition cost equal to or greater
than $5,000. Procurements by micro-purchase means the acquisition of goods or services for
which the aggregate dollar amount does not exceed $10,000, unless authorized in
accordance with 2 CFR § 200.320. Procurement by small purchase procedures means those
relatively simple and informal procurement methods for securing goods or services that do
not exceed the $250,000 threshold for simplified acquisitions.
Page 19 of 19
APPROVAL RECOMMENDED: ATTEST:
R4,Ve,n,b(&s
Ronald P.Gonzales(Sep 1,20 1:36
Roger Venables Ronald Gonzales >1 *on
Director,Aviation Acting City Secretary ��i0°F°°00000k a�
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Contract Compliance Manager: M&C: 21-0334
By signing, I acknowledge that I am the person Date: 5/11/2021
responsible for the monitoring and administration Form 1295:N/A
of this contract, including ensuring all performance
and reporting requirements.
. �WaL
Ty a e Aug 27,2 21 :42 CDT)
Tyler Dale
Airport Project Coordinator
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
RTWOR
CITY COUNCIL AGENDA .�. T111
DATE: 5/11/2021 REFERENCE NO.: **M&C 21-0334 LOG NAME: 55FTW 2021
CRRSAA GRANT
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 2) Authorize Application for and Acceptance of a Coronavirus Response and Relief
Supplemental Appropriation Act Grant, if Awarded, from the Federal Aviation
Administration Passed Through the Texas Department of Transportation in an Amount Up
to $57,000.00 at Fort Worth Meacham International Airport and Adopt Attached
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the application for and acceptance of a Coronavirus Response and Relief
Supplemental Appropriation Act Grant, if awarded, from the Federal Aviation Administration
passed through the Texas Department of Transportation in an amount up to $57,000.00 at
Fort Worth Meacham International Airport; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and
appropriations in the Municipal Airports Grants Federal Fund in an amount up
to $57,000.00, subject to the receipt of the grant, for purposes of preventing and
responding to the effects of the COVID-19 pandemic at Fort Worth Meacham International
Airport.
DISCUSSION:
On December 27, 2020, the Coronavirus Response and Relief Supplemental Appropriation Act
(CRRSAA) was signed into law, allocating nearly $2,000,000,000.00 in funds to be awarded as
economic relief to eligible United States (U.S.) airports to prevent, prepare for, and respond to the
effects of the COVID-19 pandemic.
Based on the classification provided by the Federal Aviation Administration (FAA) for CRRSAA funds
offered to each airport, Fort Worth Meacham International Airport (Airport) is eligible to receive up to
$57,000.00 under the program. Per the FAA, CRRSAA will provide relief for costs related to
operations, personnel, cleaning, sanitation, janitorial services, combating the spread of pathogens at
the airport and debt service payments. Funding for the CRRSAA will be paid at 100\% of the federal
share; therefore, no City match is required. This grant will incur no reimbursable indirect costs.
Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, in the Muni Airport Grants Federal Fund. The Aviation Department (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Prior
to an expenditure being incurred, the Aviation Department has the responsibility to validate the
availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Roger Venables (6334)
Additional Information Contact: Tyler Dale (5416)
Ricardo Barcelo (5403)
ATTACHMENTS
55FTW 2021 CRRSAA GRANT 55003 A021(r2).docx
Meacham M&C Map.pdf