E3. Airport Users grant application awardCity of Kalispell
CITY OF
Post Office Box 1997 - Kalispell, Montana 59903
KALISPELL Telephone: (406) 758-7701 Fax: (406) 758-7758
MEMORANDUM
To: Mayor Johnson and City Council
From: Doug Russell, City Manager
Re: Grant Award Acceptance- Kalispell Airport Taxiway and Beacon
Rehabilitation
Meeting Date: April 21, 2025
BACKGROUND: In December of 2017, Council adopted Resolution 5848, adopting the form
of lease with a User's Association for the management and maintenance of the Kalispell Airport.
Maintenance responsibilities include any necessary repairs on the site. In November of 2024, the
Kalispell Users Association applied for grant funds from the Montana Department of
Transportation for funding to Rehabilitate the Taxiway and Rehabilitate the Airport Beacon on
the grounds. In March of this year, the Montana Department of Transportation awarded the City
of Kalispell $511,805 for the Taxiway rehabilitation and $44,590 for the Beacon Rehabilitation.
This award came to the City of Kalispell as we are the owner of the property. This was the same
process for a current grant funded award for runway lighting improvements that is scheduled to
be finished this summer.
Though we are the receiving entity, the Users Association is responsible for providing the
administration of the projects, including the creation of bid documents, construction oversight,
etc. But, as we are the receiving entity, we will be recording the funds in our financial systems
and guiding the Users Association through our procurement process. Any funds expended
beyond the grant levels will be the responsibility of the Users Association and not the City of
Kalispell. Additionally, we will have to be the signatory on the grant agreement, and as part of
our process, Council is the responsible entity for accepting the grant.
RIECOMNILENDATION: It is recommended that Council accept the grants in the amounts of
$511,805 for Taxiway Rehabilitation, and $44,590 for Airport Beacon Rehabilitation and
authorize the City Manager to execute any necessary documents related to the grant award.
ATTACHMENTS:
Airport User's Association Grant Application
Notice of Award
Grant Agreement
Map of Airport Taxiway
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Loan and Grant Application - Department of Transportation
M'' D7* I-- Loan and Grant Application
Applicant Information
Airport Name (Formal)
Kalispell City
Airport Name (Common)
KALISPELL
Airport Website
https://www.kalispell.com/202/Airport
Airport Owner:
City Of Kalispell
Address (Line 1)*
City Hall, Po Box 1997
Address (Line 2)*
City*
Kalispell
State*
MT
Zip*
59901
Country*
USA
Phone Number #1*
Home 406 758 7703
Phone Number #2
Email Address*
citymanager@kalispell.com
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Loan and Grant Application - Department of Transportation
Airport Contact:
First Name*
John Paul
Last Name*
Noyes
Address (Line 1)*
1880 Hwy 93 S
Address (Line 2)*
City*
Kalispell
State*
MT
Zip*
59901
Country*
USA
Phone Number *1*
Home 406 755 DOOO
Phone Number #2
Cell 406 261 3223
Email Address*
johnpaul@r-edeagleaviation.com
Project Information
Have you previously requested funding For any portion of this project? Yes No
Please identify the range of loan value you are willing to accept:
Not less than*
$0.00
Not more than*
$0,00
When is the project scheduled to commence?
09/15/2025
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Loan and Grant Application - Department of Transportation
Please provide a very brief description/overview of the project:
Repave South East taxiway. The South 1,300 feet of taxiway has eroded causing pilots to avoid using it and back
taxiing on the runway due to it roughness. This project would replace the deuterated asphalt and complete bringing
all of the taxiways to usable condition, making the airport safer by keeping planes from maneuvering on the runway
for taxiing. The second desired project for 2025 is the replacement of the 1940s vintage beacon and repainting of
the beacon tower,
Project Cost Information
Type of Work*
Rehabilitate Taxiway
FAA Funded?*
No
Administration*
$2,000.00
Engineering*
$8,000-00
Construction*
$512,250.00
Desired Grant*
$522,250.00
Desired Loan*
$0.00
If your request for the grant and/or loan amount is rejected, would the airport still have the financial means to
complete the project?*
No
Type of Work*
Install/Rehabilitate Airport Beacons
FAA Funded?*
No
Adrninistrationl�-'
$1,500.00
Engineering*
$3,000.00
Construction*
$41,000.00
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11115124, 12:17 PM Loan and Grant Application - Department of Transportation
Desired Grant*
$45,500.00
Desired Loan*
$0.00
If your request for the grant and/or loan amount is rejected, would the airport still have the financial means to
complete the project?*
Yes
Supplemental Information
Annual Airport Income*
$83,000-00
Annual Airport Expenses*
$56,000.00
Is there a tax levy in place specifically for airport funding? Yes No
Approximately how much does it generate annually?
Number of Mill Levies
Please try to limit your response to the space provided, however, if additional information has to be presented,
please feel free to attach documents as necessary.
Please describe what area the airports serves and any special roles or functions it may also provide;
Kalispell City Airport (S27) is a general aviation airport one mile south of downtown Kalispell in Flathead County,
Montana. The airport is north of Flathead Lake in the northwest region of the state serving a city of approximately
24,000 people. The region is known for its outdoor recreational opportunities offered by Flathead Lake and the Rocky
Mountains. Kalispell City Airport is an active airport with approximately 28,000 operations per year The summer and
fall months are particularly busy, with airplanes coming and going at all hours of the day. Activities include
recreational flying, agricultural spraying, corporate and business aviation, search and rescue, and public charters.
Because of the airportks proximity to US Highway 93, spectators often watch aircraft take -offs and landings. The
airport also provides a staging area for community events, including an annual Community Day that draws nearly
5,000 people. Several organizations host fly -in events, including the Experimental Aircraft Association (EAA) Young
Eagles, Antique Pilots Association, Cessna Pilots Association, and Piper Pilots Association. Kalispell City Airport is an
economic engine for the surrounding region. From providing daily general support of local industries to annual
events drawing large crowds, the airport positively impacts the local economy and serves an important asset to
community life.
Please describe the need, urgency and support for this project:
With more and more pilots not comfortable using the SE taxiway, we are getting an increased number of planes back
taxiing and maneuvering on the runway creating unsafe conditions for landing aircraft as well as the increased risk
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Loan and Grant Application - Department of Transportation
of runway incursions from planes entering the runway for taxi operations. The current airport beacon is 1940s
vintage and although it has been maintained and updated as much as possible. Parts are becoming increasingly
difficult to find and in some cases custom make. A modern beacon would be more reliable with reduced down time
while finding or making parts For repairs. While the beacon is being replaced, repairs will be made to the beacon
tower as well as repainting of the tower.
Additional comments for airport finances. (optional)
The airport has only one source of revenue which is lease revenue for commercial and private ground leases. Ground
leases will generate approximately $72,000 in 2020. There is an annual 30/b payment escalation clause in all ground
leases. Expenses include electric, airport management, snow removal, insurance, runway maintenance, and general
groundskeeping. Expenses amounted to approximately $53,000.
Attach document(s) to upload
Attestation
The Sponsor hereby represents and certifles as follows -
Legal Authority
The sponsor has the legal power and authority to:
1. Do all things necessary in order to undertake and carry out the project in conformity with State and Federal
Laws and Regulations
2. To accept, receive and disburse grants or loans of funds from the Aeronautics Division in aid of the project, on
the terms and conditions state herein and
3. Carry out all the provisions within this Airport Aid Application.
Defaults
The Airport Sponsor is not in default on any obligations to the State of Montana, or any agency of the State of
Montana, relative to the development, operation, or maintenance of any airport, except as stated herein.
Possible Disabilities
There are no facts or circumstances (including the existence of efficient or proposed leases, use agreements, or other
legal instruments) affecting use ot the Airport or facility, or the existence of pending litigation or other leclal
proceedings which:
1. Are known or by due diligence might be known
2. In reasonable probability might make it impossible for the Sponsor to carry out the Provisions within the
Airport Aid Application, either by limiting its legal or financial ability or otherwise
3. Have not been brought to the attention of the authorized representatives of the Montana Aeronautics Division
Authorization (s)
By my signature or electronically typewritten name below, I certify that all information on this application form is true,
correct, and complete to the best of my knowledge and contains no willful falsifications or misrepresentations.
Date Started:
11, 15/2024
AuLhori7ed Representative:
Todd Clark
https:/Iapp.nit.gov/loangrantIHomeiPrintApplication 5/5
(MONTANA
Department of Transportation
it
March 14, 2025
City Of Kalispell
KALISPELL Airport
City Hall, Po Box 1997
Kalispell, MT 59901
Subject: KALISPELL Non-federal/2026-Grant
Dear John Paul Noyes,
Christopher Dorrington, Director
Aeronautics Division
2630 Airport Road - PO Box 200507
Helena MT 59620-0507
The Montana Aeronautics Board has considered your application for state airport financial assistance at its February
6, 2025 meeting in Helena. We are pleased to inform you the Aeronautics Board has approved funding in support of
the work outlined in your application as follows:
7
Type of Work
Rehabilitate Taxiway
Instal I/Re habilitate Airport Beacons
Awarded Grant
$511,805
$44,590
Grant funds were awarded for one or more specific categories of work. By accepting grant funds, you (the Sponsor)
agree to utilize the awarded funds as specified in the above table.
Division grants may not exceed 100% of sponsor share of actual total project costs. Consequently, you are
prohibited from retaining and must return grant funds that exceed 100% of the actual total project cost. In no case,
may you retain grant funds that exceeds 100% of the actual total project cost.
To obtain your grant, the Aeronautics Division must receive the following documents by June 30, 2026:
1 ) An Executed Montana Grant Agreement to include Signed Certificate of Sponsor's Attorney
2) A signed copy of the Notice -To -Proceed (template enclosed) or an applicable contract
Alternatively, if you are unable to provide the above documents by the deadline, you may submit a request for an
extension. The request for an extension must be received in the Aeronautics Division office by May 14, 2026.
Please be aware a Loan and Grant Status Report / Closeout Form wit[ be required within 30 days after closure of the
project or board -approved category of work, or within one year following fund distribution, whichever occurs earliest. If
the project is not completed within one year following fund disbursement, the grant or loan recipient must provide a
status report detailing the reason the project has not closed and projected closure date upon which the close-out
report will be filed, In addition, Administrative Rules of Montana § 18.13.407(14) states "Any grant or loan recipient
which fails to provide thg close-out form- status report. or any requprgled reimbursement is not eligible for future grant
or loan awards until tbe deficiency is remedied." An electronic Loan and Grant Status Report / Closeout Form is
available on the MDT loan and grant website at the following location;
http5://app.mt.gov/loancirant/HomeL&c-cessCode.
Phone: (406)444-2506 An Equal Opportunity Employor 7TY: (800) 335-7592
Fax: (406)444-2519 Web Page: wwwrndt.rntgovlaviation
The Montana Aeronautics Division thanks you for your continued support and interest in airport safety and
development as demonstrated by your financial commitment to this project. Please feel free to contact us if you have
any questions or need any additional information.
Sincerely,
C�
iaren Hallenbeck, Bureau Chief
Airports/Airways Bureau
enclosures
cc: Aeronautics File
Phone: (406)444-2506 An Equal Opportunity Employer TTY.- (800) 335-7592
Fax- (406)444-2519 Web Page" WWW.Mdt.Mt.9<)V1aVi8V0P
GRANT AGREEMENT
Montana Department of Transportation
Aeronautics Division
This Grant Agreement (this Agreement) is made and entered into by and between
(the Airport Sponsor is referred to as "RECIPIENT"),
and the Montana Department of Transportation, Aeronautics Division, of PO Box 205007, Helena, MT 59620-
0507 (MDT).
NOW THEREFORE, the above -identified PARTIES hereto represent, warrant and agree as follows:
1. GRANT AWARD
A. This Agreement sets forth the terms and conditions upon which grants approved by the Montana
Board of Aeronautics (the Board) and issued by MDT, as provided in MCA § 67-1-304, shall be
accepted and spent by RECIPIENT, as provided in MCA § 67-11-305(l).
B. RECIPIENT applied to the Board for an aeronautical grant. A copy of RECIPIENTS grant application is
attached hereto as Exhibit 1 (Grant Application) and is incorporated herein by this reference.
C. On February 6, 2025. the Board approved the Grant Application in the maximum amount of
(GRANT), along with any other terms or conditions as may appear in the motion or
discussion of said motion as recorded in the official minutes of the Board for that meeting. Those
official minutes are incorporated herein by this reference. If the Grant Application conflicts in any
way with the Board's approval thereof as expressed in the minutes, the minutes shall modify and
control over the Grant Application for purposes of this Agreement.
D. The Grant Application provides a description of the project to be funded and sets forth RECIPIENT's
share of the total project cost.
E. The total project cost and RECIPIENT's share thereof are contingent on variables not controlled by
MDT or the Board, therefore distribution and use of the GRANT are limited to RECIPIENTs actual
share of the total project cost regardless of the amount approved by the Board.
F. The GRANT awarded to RECIPIENT by the Board shall be distributed, administered, utilized, and,
where required, repaid upon the terms and conditions of this Agreement and pursuant to Title 18,
chapter 13, subchapter 4, Administrative Rules of Montana (the ARM). Wherever this Agreement
conflicts with the ARM, the ARM control.
G. By consenting to this Agreement, RECIPIENT accepts the GRANT for the purposes described in the
Grant Application upon the terms and conditions of this Agreement.
II. EXPENDITURE AND ADMINISTRATION OF GRANT
A. RECIPIENT shall expend all funds distributed to RECIPIENT for the purposes stated in the Grant
Application as modified and approved by the Board.
B. if the Federal government requires a reimbursement or return of any Federal funds because the
project or any part thereof does not advance due to RECIPIENT's failure to successfully complete the
project, RECIP I ENT will reimburse MDT for any correspond ingG RANT funds within thirty (30) days
of billing.
C. Except as otherwise provided in this Agreement, RECIPIENT and MDT will adhere to the Loon and
Grant Closeout Process attached hereto as Exhibit 2.
D. Within 30 days after:
a. the project and GRANT are marked as "closed" in AeroSuite per Exhibit 2;
b. completion of the project or board -approved category of work; or
c. within one year after fund disbursement;
whichever occurs earliest, the RECIPIENT will submit a close-out report to MDT. The close-
out report will provide details of any and all project expenditures.
E. Upon the following, MDTwill transfer matching funds up to the amount of GRANTto the RECIPIENT:
a. Signatures from all PARTIES to this Agreement;
b. Signed approval of sponsor's attorney (provided below); and
c. A copy of federal aid agreement (for federal aid projects) or a completed notice to
proceed (for non-federal aid projects).
F. If the GRANT is based upon RECIPIENT's match to be paid on a Federal grant, RECIPIENT
must reimburse the difference between the disbursed amount and the actual match within 30
days of when RECIPIENT becomes aware of the difference.
G. Within one year following GRANT disbursement, if the project is not completed then RECIPIENT
must provide a status report detailing the reason the project has not been completed and
providing a projected date by which the close-out report will be filed.
H. If money is disbursed to RECIPIENT but the project is not completed within the timeframe
provided in the ARM and Exhibit 2, including any extensions granted by the Board, RECIPIENT
Must reimburse the GRANT to MDT.
1. RECIPIENT shall strictly comply with all applicable local, state, and Federal laws, rules, or
ordinances, and with any and all applicable Federal grant requirements that pertain to
RECIPIENT or the project.
J. If all required documents have been received by MDT other than a Federal Close -Out Letter, and if
that Federal Close -Out Letter appears to be in process, the closing of the GRANT may proceed on
the condition RECIPIENT will, immediately upon receipt, provide MDT the Federal Close -Out Letter
and any other response from the Federal government in relation to it.
K. If RECIPIENT fails to timely pay a reimbursement due under this Agreement, interest shall
accrue at the lesser of 10% per annum or the legal rate allowed under Montana law.
L. If a close-out form, status report, or any requested reimbursement is not submitted to MDT,
RECIPIENT is not eligible for future grant or loan awards until the deficiency is remedied.
Ill. GENERAL TERMS AND CONDITIONS
A. Notices.
Notices to RECIPIENT (including those for the purpose of updating MDT contact information) allowed or
required under this Agreement shall be sent via email or U.S. Mail to:
2
Notices to MDT (including those for the purpose of updating RECIP I ENT contact information) a Howed or
required under this Agreement shall be sent via email or U.S. Mail to:
Aeronautics Division
P.O. Box 200507
Helena, MT 59620-1001
mdtaeroloangrant@mt.gov
B. Hold Harmless and Indemnification
RECIPIENT shall protect, defend, indemnify, and hold MDT and its elected and appointed officials,
agents, and employees, while acting within their duties as such, harmless from and against all
claims, liabilities, demands, causes of action, and judgments (including but not limited to the cost of
defense and reasonable attorney fees) arising in favor of or asserted by RECIPIENT's employees or
third parties on account of personal or bodily injury, death or damage to property, arising out of the
acts or omissions of RECIPIENT or its agents, representatives, employees, contractors and
subcontractors.
C. Insurance.
a. RECIPIENT shall maintain for the duration of this AGREEMENT, at its own cost and expense,
insurance against claims for injuries to persons or damages to property that may arise from or in
connection with the project described in the Grant Application. This insurance shall cover such
claims as may be caused by any negligent act or omission by RECIPIENT or its agents,
representatives, employees, contractors and subcontractors.
b. Coverage shall include combined single limits for bodily injury, personal injury, and property damage
of $1 million per occurrence and $2 million aggregate per year to cover such claims as may be
caused by or arising out of any negligent acts or omissions in work or services performed under this
AGREEMENT, or as established by statutory tort limits as provided by a public entity self-insurance
program either individually or on a pool basis as provided by Mont. Code Ann. Title 2, Chapter 9.
c. All insurance coverage must be with a carrier licensed to do business in the State of Montana or by a
public entity self -insured program either individually or on a pool basis. Each PARTY must notify the
other immediately of any material change in insurance coverage, such as changes in limits,
coverage, change in status of policy, etc. Each PARTY reserves the right to request complete copies
of the other PARTY's insurance policy or self -insured memorandum of coverage at any time.
d. Workers' Compensation Insurance: The RECIPIENT must maintain workers' compensation insurance
and require its contractors and its contractors sub -contractors to carry their own workers'
compensation coverage while performing work described in the Grant Agreement.
D. Choice of Law and Venue. This AGREEMENT shall be governed by the laws of Montana. Any litigation
concerning this AGREEMENT must be brought in the First Judicial District Court, in and for the County of
Lewis and Clark, State of Montana, and each PARTY shall pay its own costs and attorney fees except as
otherwise noted in this AGREEMENT. In case of conflict between the terms and conditions of this
AGREEMENT and the laws of the State of Montana, the laws of the State of Montana shall control.
E. Binding Effect. The benefits and obligations set forth in this AGREEMENT shall be binding upon, and
inure to the benefit of, their respective successors, administrators and assigns of the PARTIES.
F. Relationship of Parties. Nothing contained in this AGREEMENT shall be deemed or construed (either by
the PARTIES hereto or by any third party) to create the relationship of principal and agent or to create
any partnership, joint venture, or other association between the PARTIES.
G. Non -Discrimination — RECIP I ENT wi I I require that during the performance of any work arising out of this
AGREEMENT the RECIPIENT, for itself, assignees, and successors sha I I comply with a I I applicable no n-
discrimination regulation set forth in Attachment A attached hereto and made part of this AGREEMENT.
H, Americans with Disabilities Act (ADA) —Any construction resulting from this AG RE EM ENT must include
appropriate pedestrian facilities that meet or exceed current MDT policies and guidelines for
accessibility as set forth by the United States Department of Justice 2010 ADA Standards for Accessibility
Design, United States Access Board Proposed Guidelines for Pedestrian Facilities in the Public Right -of -
Way (2011 PROWAG), and MDT's detailed drawings, 608 series.
1. Audit. RECIPIENT shall preserve and maintain and shall cause its contractors and subcontractors to
preserve and maintain all records, reports, and other such documents created by or delivered to them in
relation to the obligation and expenditure of the GRANT and to the carrying out of the project described
in the Grant Application. The State of Montana's legislative auditor and fiscal analysts, at their own cost
and expense, may audit all records, reports, and other such documents for the period of three years
following the closeout procedure described herein.
J. Amendment and Modification —This AGREEMENT maybe modified or amended only by written
Addendum signed by each of the PARTIES.
EXECUTION BY - (RECIPIENT)
Date:
Signature of RECIPIENTS Designated Representative
Date:
Name and Title of RECIPIENYS Designated Representative
Declaration by Airport Sponsor's/RECIPIENT's Attorney:
I have examined the Grant Application (as that term is defined above) and the proceedings taken by RECIPIENT
relating thereto and find that the acceptance of this offer by RECIMENT has been duly authorized and that the
execution thereof is in all respects due and proper and in accordance with the laws of the State of Montana,
and, in my opinion, the foregoing Grant Agreement constitutes a legal and binding obligation of RECIPIENT in
accordance with the terms and conditions set forth above.
I declare under penalty of perjury and under the laws of the state of Montana that the foregoing is true and
correct
Date:
Signature of RECIPIENTS Legal Services Representative
Date:
Name and Title of RECIPIENT'S Legal Services Representative
EXECUTION BY STATE OF MONTANA DEPARTMENT OF TRANSPORTATION (MDT)
Date:
Signature of MDrs Designated Representative
Date:
Name and Title of MDTs Designated Representative
Reviewed for Legal Content:
Date:
Signature of MDT'S Legal Services Representative
Date.
Name and Title of MDrS Legal Services Representative
Reviewed for Civil Rights Content:
Date:
Signature of MDT's Civil Rights Representative
Date:
Name and Title of MDI's Civil Rights Representative
Rev.01/2022
Attachment A
MDT NON-DISCRIMI NATION
AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation (MDT) is committed to conducting all of its business in an environment
free from discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits
any and all discrimination and protections are all inclusive (hereafter "protected classes") by its employees or
anyone with whom MDT does business:
Federal protected classes
Race, color, national origin,
sex, sexual orientation, gender identity,
age, disability, income -level & Limited
English Proficiency
State protected classes
Race, color, national origin, parental/marital status,
pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth, religion/creed, social origin or
condition, genetic information, sex, sexual orientation,
gender identification or expression, ancestry, age, disability
mental or physical, political or religious affiliations or ideas,
military service or veteran status, vaccination status or
possession of immunity passport
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations. The PARTY (hereinafter includes consultant) will comply with all Acts and
Regulations of the United States and the State of Montana relative to Non -Discrimination in Federally
and State -assisted programs of the U.S. Department of Transportation and the State of Montana, as they
may be amended from time to time, which are herein incorporated by reference and made a part of this
contract.
(2) Non -Discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not discriminate,
directly or indirectly, on the grounds of any of the protected classes in the selection and
retention of subcontractors, including procurements of materials and leases of equipment,
employment, and all other activities being performed under this contract/agreement.
b. The PARTY will provide notice to its employees and the members of the public that itserves that
will include the following:
i. A statement that the PARTY does not discriminate on the grounds of any protected
classes.
ii. A statement that the PARTY will provide employees and members of the public that it
serves with reasonable accommodations for any known disability, upon request,
pursuant to the Americans with Disabilities Act as Amended (ADA).
iii. Contact information for the PARTY's representative tasked with handling non-
discrimination complaints and providing reasonable accommodations under the ADA.
iv. information on how to request information in alternative accessible formats.
c. in accordance with § 49-3-207, MCA, the PARTY will include a provision, in all of its
hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and
qualifications and that the PARTY does not discriminate on the grounds of any protected class.
Rev. 01/202
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the PARTY
will make all reasonable efforts to utilize DBE firms certified by MDT for its subcontracting
services. The list of all currently certified DBE firms is located on the MDT website at
mdt.mt.gov/business/contracting/civil/dbe.shtmi
b. By signing this agreement, the PARTY assures MDT that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted
contracts. Failure by the contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy os the
recipient deems appropriate.
C. The PARTY must include the above assurance in each contract/agreement the PARTY enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation, made by the PARTY for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the PARTY of the PARTY's obligation u nder this contract/agreement and all Acts
and Regulations of the United States and the State of Montana related to Non -Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the Acts,
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts,
other sources of information and its facilities as may be determined by IVIDTor relevant US DOT
Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions.
Where any information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the PARTY will so certify to MDT or relevant US DOT Administration, as
appropriate, and will set forth what efforts it has made to obtain the information.
(6) Sanctions for Noncompliance: in the event of a PARTY's noncompliance with the Non- discrimination
provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY complies;
and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
Rev. 0
(7) Pertinent Non -Discrimination Authorities: During the performance of this contract/agreement, the
PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Federal
- 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); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal -aid programs and projects);
- Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 etseq.), (prohibits discrimination on the basis of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on
the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and applicability
of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include
all of the programs or activities of the Federal -aid recipients, sub -recipients, and contractors, whether
such programs or activities are Federally funded or not);
- Titles 11 and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department
of Transportation regulations at 49 CFR parts 37 and 38;
- The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-income Populations, which prevents discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
- Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of Limited
English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure
that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
- Title iX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. § 1681 etseq.).
- Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of gender
identity and in hiring by federal contractors on the basis of both sexual orientation and gender identity.
State
- Mont, Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Non-discri m i nation provision in all public contracts.
Rev.01/2022
(8) Incorporation of Provisions; The PARTY will include the provisions of paragraph one through seven in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and/or directives issued pursuant thereto. The PARTY will take action with respect
to any subcontract or procurement as MDT or the relevant US DOT Administration may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the PARTY becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the
PARTY may request MDT to enter into any litigation to protect the interests of MDT. In addition, the
PARTY may request the United States to enter into the litigation to protect the interests of the United
States.
Exhibit 2
Required Closeout Supporting Documentation
Each grant or loan recipient must submit a close-out report -and supporting documentation,
within 30 days after closure of the project or board -approved category of work, or within one
year after fund disbursement, whichever occurs earliest. If the project is not completed within
one year following fund disbursement, the grant or loan recipient must provide a status report
detailing the reason the project has not been closed, and projected closure date upon which
the close-out report will be filed.
The close-out report must include information on amount actually spent on board -approved
project work. The grant or loan recipient must adequately track expenditures specific to the
approved project work in a manner acceptable to the Aeronautics Division.
Federal Grant and Loans will require the airport sponsor to attach the following with the costs
of the entire project:
* Warrant Reconciliation Sheet or Financial System Report
c If it is a 1:1 relationship to an invoice a copy of the invoice will be
sufficient.
• SF 425 Form
• FAA Grant Closeout Letter (if available, if not then once it is received)
Non- Federal Grant and Loans will require the airport sponsor to attach the following with the
costs of the entire project:
0 Financial System Report
o If it is a 1:1 relationship to an invoice a copy of the invoice will be
sufficient.
Send all additional documentation to: mdtaeroloangrant@mt.gov and complete closeout online
ati https:/Iapl?.mt.gov/loangrant/Home/AccessCode. Call 406-444-2506 for any questions.
NOTICE TO PROCEED
The (County) (City) (Airport Authority) of
hereby authorizes and all of it's
approved sub -contractors, if any, to proceed with the work as
approved by the (County) (City) (Airport Authority) of
and as outlined in the applicable Montana
Aeronautics Division approved Loan and Grant Application.
Specifically, a brief description of the project is:
Authorized Signature
Witness
Title
The Taxiway to be replace is the South East taxiway outlined in red. This is section was not rehabilitated
when the rest of the taxiways where done.
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