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HomeMy WebLinkAboutResolution - 2022-R0355 - Grant Agreement for CARES Act Development Addendum for AirportResolution No. 2022-110355 Item No. 6.15 August 23, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock, or his designee, is hereby authorized ani directed to execute for and on behalf of the City of Lubbock, a Development Addendum (3-48 0138-055-2022) to that certain CARES Act Airport Grant Agreement (3-48-0138-045-2020) b: and between the City of Lubbock and the United States of America, acting through the Federa Aviation Administration, to fund certain eligible airport project(s) constituting airpot development under said Grant Agreement, and all related documents. Said Developmen Addendum is attached hereto and incorporated in this resolution as if fully set forth herein ani shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: �2 �WA'ICe- Reb ca Garza, City Secr APPROVED AS TO CONTENT: Kelly Umpbell, Director of Aviation August 23, 2022 P� r TRA YNEAAtOR itchell We0fiit , t9st'A%1stant City Attorney ccdocs/RES.Development Addendum -- CARES Act Airport Grant Agreement August 1, 2022 Resolution No. 2022-RO355 3-48-0138-045-2020 fa U.S. Department Airports Division Texas Airports District of Transportation Office: Southwest Region Federal Aviation Texas 10101 Hillwood Pkwy Administration Fort Worth, TX 76177-1524 CARES Act Development Addendum Transmittal Letter J u ly 22, 2022 Mayor Tray Payne 1314 Avenue K Lubbock, Tx. 79457 Dear Mayor Payne: Please find the following electronic CARES Act Addendum Offer, Grant No. 3-48-0138-055-2022 for the Lubbock Preston Smith International Airport, which uses funds relocated from CARES Act Grant Agreement 3-48-0138-045-2020. This letter outlines expectations for success. Please read and follow the instructions carefully. To properly enter into this agreement, you must do the following: a. The governing body must provide authority to execute the grant to the individual signing the grant; i.e., the sponsor's authorized representative. b. The sponsor's authorized representative must execute the grant, followed by the attorney's certification, no later than 8/31/2022 in order for the grant to be valid. c. You may not make any modification to the text, terms, or conditions of the grant offer. d. The grant offer must be electronically signed by the sponsor's legal signatory authority and then the grant offer will be routed via email to the sponsor's attorney. Once the attorney has electronically attested to the grant, an email with the executed grant will be sent to all parties. Subject to the requirements in 2 CFR § 200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Addendum for more information regarding the use of this System. The terms and conditions of this agreement require you drawdown and expend these funds within four years. The terms and conditions of this agreement require you to complete the project without undue delay. We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Should you fail to make draws on a regular basis, your grant may be placed in "inactive" status, which will affect your ability to receive future grant offers. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: • A signed/dated SF-271 or equivalent and SF-425 annually, due 90 days after the end of each federal fiscal year in which this grant is open (due December 31 of each year this grant is open); and Performance Reports, which are due within 30 days, of the end of a reporting period as follows: 1. Construction project: Submit FAA form 5370-1, Construction Progress and Inspection Report at the end of each fiscal quarter. 3-48-0138-045-2020 As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non -Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal -assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. Once the project(s) is completed and all costs are determined, we ask that you close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. Sincerely, Kim Brockman (Jul22, 202212:49 CDT) Kim Brockman Acting Manager, Texas Airports District Office U.S. Department of Transportation Federal Aviation Administration CARES ACT AIRPORT GRANT AGREEMENT DEVELOPMENT ADDENDUM Part I - Offer Federal Award Offer Date July 22, 2022 Airport/Planning Area Lubbock Preston Smith International Airport CARES Addendum Number 3-48-0138-055-2022 Unique Entity Identifier LXDNEKWRVKJ6 TO: City of Lubbock (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA an application to amend Coronavirus Aid, Relief, and Economic Security Act (CARES Act or "the Act") Airport Grant Agreement 3-48-0138-045-2020 by application dated April 8, 2022, to fund Development at or associated with the Lubbock Preston Smith International Airport, included as part of this CARES Act Airport Grant Agreement Development Addendum 3-48-0138-055-2022, ("Development Addendum"); WHEREAS, the FAA has agreed with the Sponsor to amend its CARES Act Airport Grant Agreement 3-48- 0138-045-2020 to reallocate $2,728,000 of funds awarded under 3-48-0138-045-2020 to fund specific eligible airport project(s) constituting airport Development at an eligible airport under the Sponsor's control; WHEREAS, the Sponsor has accepted the terms of the FAA's CARES Act Airport Grant Agreement Development Addendum offer; WHEREAS, no other terms, conditions, or assurances of the 3-48-0138-045-2020 shall be negated as a result of this Development Addendum, including provisions regarding revenue use, Buy American, and reporting requirements; WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor, the FAA has approved the Development Addendum for the Lubbock Preston Smith International Airport consisting of the following: Improve/Modify/Rehabilitate Building which is more fully described in the Project Grant Application; WHEREAS, this Development Addendum hereby amends 3-48-0138-045-2020 for the purpose of reallocating $2,728,000 of the funds originally provided under 3-48-0138-045-2020 to permit Lubbock Preston Smith International Airport to use not more than that amount to reimburse Lubbock Preston Smith International Airport for expenses incurred no earlier than March 27, 2020, until the specified Development funds have been fully expended, provided such expenses are directly related to eligible Development described in the Project Grant Application and listed below; and NOW THEREFORE, in accordance with the applicable provisions of the CARES Act, Public Law 116-136, the representations contained in the Project Grant Application, and in consideration of, (a) the Sponsor's acceptance of this Offer for the Development described in the Project Grant Application for 3-48-0138- 055-2022, the terms, conditions, and assurances of which are hereby attached to and made part of the terms, conditions, and assurances agreed to under 3-48-0138-045-2020; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Development Addendum, and in compliance with the conditions as herein provided. THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 100% percent of the allowable costs incurred accomplishing the Development as a result of and in accordance with this Development Addendum. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS: CONDITIONS SUPPLEMENTAL TO CARES ACT AIRPORT GRANT AGREEMENT 3-48-0138-045-2020 CONDITIONS #1-23 1a. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $2,728,000. The following amounts represent the calculation(s) of the maximum total obligation by funding group, as originally allocated under 3-48-0138-045-2020, made available under the provisions of Public Law 116-136, which are hereby reallocated from 3-48-0138-045-2020 and assigned to 3-48-0138-055-2022 for the Development identified in the application: Lubbock Preston Smith International LBB $2,728,000 KPR2020 2a. Grant Performance. This Development Addendum is subject to the following Federal award requirements: a. Period of Performance: 1. Remains the same as initial CARES Agreement 3-48-0138-045- 2020, which is 4 years (1,460 calendar days) from the date of acceptance of that Grant Agreement. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of the Grant Agreement or this Development Addendum. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods. (2 Code of Federal Regulations (CFR) § 200.1). b. Budget Period: 1. For this Addendum follows the same start and end date as the Period of Performance provided in Paragraph a.1. Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to § 200.308. c. Close Out and Termination: 1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days. (2 CFR § 200.344). 2. The FAA may terminate this Development Addendum, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable. 6a. Completing the Development Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the Development without undue delays and in accordance with this Development Addendum, and the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"). Per 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from performing the Development under the Development Addendum that exceeds three months or a 25 percent reduction in time devoted to the project, and request prior approval from FAA. The report must include a reason for the Development stoppage. The Sponsor agrees to comply with the attached assurances, which are part of this Development Addendum and any other addendum that may be attached hereto at a later date by mutual consent. All terms, conditions, and assurances are hereby attached to and made part of the terms, conditions, and assurances agreed to under 3-48-0138-045-2020. 7a. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8a. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the Development unless this offer has been accepted by the Sponsor on or before August 31, 2022, or such subsequent date as may be prescribed in writing by the FAA. 12a. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Development Addendum electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 22. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all Development in this Development Addendum. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Development Addendum. 23. Exhibit "A" Property Map. The Exhibit "A" Property Map is incorporated herein by reference or is submitted with the Project Grant Application and made part of this Development Addendum. 24. Informal Letter Amendment of CARES Development. The FAA can issue an informal letter amendment that modifies the Development description in the Project Grant Application to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. SPECIAL CONDITIONS SUPPLEMENTAL TO CARES ACT AIRPORT GRANT AGREEMENT 3-48-0138-045-2020 SPECIAL CONDITIONS, As APPLICABLE 7. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Development Addendum is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers. The Sponsor's acceptance of this Offer and ratification and adoption of the Project 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 Development Addendum, as provided by the CARES Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Development and compliance with the assurances and conditions as provided herein. Such Development Addendum shall become effective upon the Sponsor's acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Kim Brockman (Jul 22, 202212:49 CDT) (Signature) Kim Brockman (Typed Name) Acting Manager, Texas ADO (Title of FAA Official) 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. Part II - Acceptance The Sponsor does hereby ratify and a.0opt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Grant Application and incorporated materials referred to in the foregoing Offer under this Development Addendum, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer, and hereby acknowledges all terms, conditions and assures in any CARES Act Airport Grant Agreements previously or concurrently executed for any other purpose are attached to this Development Addendum. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.2 Executed this day of August 23, 2022 City of Lubbock (Nam f Sponsor) 0 ignatur of S onsor's Authorized Official) By: Tray Payne (Typed Name of Sponsor's Authorized Official) Title: Mayor (Title of Sponsor's Authorized Official) 2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. CERTIFICATE OF SPONSOR'S ATTORNEY I, �ay,��,yr fy%� , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Project Grant Amendment under the laws of the State of Texas . Further, I have examined the foregoing Development Addendum and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the CARES Act. In addition, for grants involving Development to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. The Sponsor understands funding made available under this Development Addendum may only be used for the Development identified herein and all terms, conditions and assurances in any CARES Act Airport Grant Agreements previously or concurrently executed for any other purpose are attached to this Development Addendum. Further, it is my opinion that the said Development Addendum and all CARES Act Grant Agreements attached hereto constitute a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.3 Dated this day of 3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. ASSURANCES AIRPORT SPONSORS SUPPLEMENTAL TO CARES ACT AIRPORT GRANT AGREEMENT 3-48-0138-045-2020 AIRPORT SPONSOR ASSURANCES #1-11 IN ADDITION TO THE (A) GENERAL AND (B) SPONSOR CERTIFICATIONS A. General. 1. These assurances are required to be submitted as part of the Project Grant Application by sponsors requesting funds under the provisions of the Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act or "the Act"), Public Law 116-136 for eligible Airport Development. As used herein, the term "public agency sponsor" means a public agency with control of a public - use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 2. Upon acceptance of this Development Addendum by the sponsor, these assurances are incorporated in and become part of this Development Addendum and all CARES Act Airport Grant Agreements 3-48-0138-045-2020, previously or concurrently executed and attached hereto. 61. Development Addendum Sponsor Certification. The sponsor hereby assures and certifies, with respect to this Development Addendum 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 Development Addendum, in addition to all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements included in all CARES Act Airport Grant Agreements 3-48-0138-045-2020, previously or concurrently executed and attached hereto, and including but not limited to the following: FEDERAL LEGISLATION y. Davis -Bacon Act — 40 U.S.C. 276(a), et seq. FEDERAL REGULATIONS r. 14 CFR Part 150 —Airport noise compatibility planning. s. 49 CFR Part 23 — Participation of Disadvantaged Business Enterprise in Airport Concessions. t. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs. C. Duration and Applicability. 1. Airport Development or Noise Compatibility Program Projects. The terms, conditions and assurances of this Development Addendum and all CARES Act Airport Grant Agreements attached hereto shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights, Airport Revenue Use and Civil Rights so long as the airport is used as an airport. Also, there shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 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 Development Addendum, in addition to those included in all CARES Act Airport Grant Agreements 3-48-0138-045-2020, previously or concurrently executed. 3A. Good Title. For Development, including noise compatibility program projects, to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 4. Preserving Rights and Powers. d. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Development Addendum without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Development Addendum and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the Sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Development Addendum and all CARES Act Airport Grant Agreements previously or concurrently executed and attached hereto. 8A. 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. for airport development, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; for noise compatibility program projects, make records and documents relating to the Development and continued compliance with the terms, conditions, and assurances of this Development Addendum and all CARES Act Airport Grant Agreements previously or concurrently executed and attached hereto, including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. 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 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. 12. Sponsor Fund Availability. It has sufficient funds available to assure operation and maintenance of items funded under this Development Addendum which it will own or control. 13. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any Development funded under this Development Addendum which involves 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 through 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. 14. Veterans' Preference. It shall include in all contracts for work on any Development funded under this Development Addendum which involves 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. 15. Planning for Development Projects. In carrying out planning Development: It will execute the Development in accordance with the approved program narrative contained in the Project Grant Application or with the modifications similarly approved. a. It will furnish the Secretary with such periodic reports as required pertaining to the planning Development and planning work activities. b. It will include in all published material prepared in connection with the planning Development a notice that the material was prepared using federal funds provided by the United States. c. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. d. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Development Addendum. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. f. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the Development, only if the employees are not qualified. g. It understands and agrees that the Secretary's approval of this Development Addendum or the Secretary's approval of any planning material developed as part of this Development Addendum does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 16. Operation and Maintenance. 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. a. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 17. Hazard Removal and Mitigation. As required by 49 U.S.C. 40103, the safety of air transportation has been delegated to the FAA. To assure safety of flight, the airport sponsor 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. 18. Airport Layout Plan. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, and to assure safe and efficient operation of aircraft or safety or people on the ground related to aircraft operations, the sponsor will update the airport layout plan to reflect changes to it if any of the funds provided by the CARES Act affect the following: 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. 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. 19. Policies, Standards, and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars for AIP projects as of April 8, 2022. 20. Relocation and Real Property Acquisition. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. a. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. b. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 21. 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 DBE and 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 Development Addendum and all CARES Act Airport Grant Agreements previously or concurrently executed and attached hereto. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this Development Addendum. 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). Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects View the most current versions of FAA's Advisory Circulars (A/Cs) here: https://www.faa.gov/regulations policies/advisory circulars/ Airports A/Cs are found in the 150 series. In addition Airspace A/Cs, found in the 70 series, also may apply for certain projects.