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HomeMy WebLinkAboutR-2025-092 Resolution authorizing a grant application to the Federal Aviation Administration for the Terminal Modernization Baggage Claim projectA RESOLUTION RESOLUTION NO. R-2025-092 authorizing a grant application to the Federal Aviation Administration for the Yakima Air Terminal Building Modernization project for Capital Improvements at the Yakima Air Terminal -McAllister Field. WHEREAS, the City owns and operates the Yakima Air Terminal -McAllister Field in accordance with applicable Federal, State, and Local regulations; and WHEREAS, the Yakima Air Terminal -McAllister Field has been notified that grant funds are available to maintain and/or improve the airport upon submission of completed Airport Terminal Program (ATP) grant application and satisfaction of conditions that will be outlined in the grant agreement; and WHEREAS, the Yakima Air Terminal -McAllister Field has a current and complete Airport Master Plan, which details a variety of required capital improvement projects, including construction and modernization of the airport's Terminal Facility infrastructure; and WHEREAS, the grant application will request a total of One Million Dollars ($1,000,000) dollars in ATP funding administered by the Federal Aviation Administration (FAA); and WHEREAS, the City Council deems it to be in the best interest of the City and its residents to authorize submission of the grant application for grant funds needed to accomplish the identified capital improvements, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to submit an Airport Terminal Program grant application to the FAA for the Yakima Air Terminal Building Modernization project at Yakima Air Terminal - McAllister Field. ADOPTED BY THE CITY COUNCIL this 20th day of May, 2025. Patricia Ejers, Mayor ATTEST: ©salinda Ibarra, ity Clerk U.S, Department of Transportation Federal Aviation Administration FAA Form 5100-100, Application for Federal Assistance (Development and Equipment Projects) Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number, The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 28 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200; no assurance of confidentiality is provided. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524, INSTRUCTIONS FOR FORM 5100-100 PART I — Application for Federal Assistance Part I of the Application for Federal Assistance consists of a completed Standard Form (SF) 424, The remaining parts of Form 5100-100 (Parts II, III and IV) represent continuation pages that the Sponsor must attach to the associated SF-424 form, The signature of the Sponsor's authorized representative on the SF-424 form represents acceptance of the representations and certifications made within the corresponding FAA 5100-100 form. PART ll Project Approval Information This information is necessary for the Federal Aviation Administration to evaluate this request for Federal assistance. Responses do not require an explanation unless explicitly requested by the question. SECTION A. STATUTORY CONDITIONS ftem 1 — Indicate whether the Sponsor maintains an active registration in the Federal System for Award Management (SAM), Pursuant to 2 CFR §25..200(b), a Sponsor must maintain an active registration in the Central Contractor Registration repository (housed within SAM) with current information at the time of the application and during the active period of the Federal award. Item 2 — Indicate whether the Sponsor can commence the project within the same fiscal year the grant is made or within 6 months of when the grant is made„ whichever is later. Attach explanation for negative responses. This information is considered when allocating discretionary funds. (49 U.S.C. § 47115(d)(2)) Item 3 — Indicate whether the Sponsor can complete the project without unreasonable delays. If applicable, provide listing of foreseeable events (winter shutdown, land acquisition issues, non- aeronautical events, etc.) that have potential to delay completion of the project. (49 USG § 47106(a)) Item 4 — Indicate whether the environmental review (i.e. environmental assessment, mitigated FONSI,. etc.) identified impacts or effects on the environment that require mitigating measures that lessen the impact or effect on the environment. If yes, provide a summary listing of mitigating measures. (49 U.S.C. § 47106(c)) Item 5 — Indicate whether the project covered by this request is also covered by an approved Passenger Facility Charge (PFC) application or other Federal assistance program by selecting all applicable check boxes (49 U.S.C. § 40117(d) and 2 CFR § 200,403). If the approved PFC application only addresses the Sponsor's AIP matching share, select the appropriate check box. If the project, or portions thereof, is covered by another Federal assistance program, identify the Federal assistance program by name and the Catalog of Federal Domestic Assistance (CFDA) number. Item 6 — Indicate whether the Sponsor intends to seek reimbursement of Sponsor indirect costs as defined by 2 CFR §200.414 and 2 CFR Appendix VII to Part 200. This information request does not include the indirect costs claimed by a for -profit entity (e.g, consultant). The de minimis rate may only be used if the Sponsor has not previously received a negotiated Indirect Cost Rata (ICR) and does not exceed the limitations prescribed in Appendix VII to Part 200. + A Sponsor with an existing approved negotiated ICR must identify the ICR value, the name of the cognizant agency that approved the ICR and the date of approval. SECTION B. CERTIFICATION REGARDING LOBBYING This section addresses the Sponsor's declaration regarding lobbying activities. The declaration made in the section are under signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached. Title 31 U.S.C. § 1352 establishes that no appropriated funds may be expended by a recipient of a Federal grant to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this covered Federal assistance action. Pursuant to 40 CFR part 20, this certification attests that the Sponsor has not made, and will not make, any payment prohibited payment by 31 U.S.C. § 1352. FAA Forrn 5100-100 SECTION C. REPRESENTATIONS AND CERTIFICATION 1. Compatible Land Use (49 U.S.C. § 47107(a)(10)) — Identify actions the Sponsor has taken to assure land uses in close proximity to the airport are compatible with normal airport operations. 2, Defaults — Confirm that Sponsor is not in default on any obligation to the United States or any agency of the United States government. Possible Disabilities — Confirm that Sponsor has no facts or circumstances (Le. legal, financial or otherwise) that might adversely affect the Sponsor in completing the project and carrying out the provisions of the associated Grant Assurances. 4. Consistency with Local Plans (49 U.S.C. § 47106(a)) — Confirm project is consistent with plans (existing at the time the project is approved) of public agencies authorized by the State in which the airport is located to plan. 5. Consideration of Local Interests (49 U.S.C. § 47106(b)) — Confirm the Sponsor has given fair consideration to the community in and near the project. 6. Consultation with Users (49 U.S.C. § 47105(a)) - Confirm the Sponsor has consulted with airport users that will be affected by the project. 7. Public Hearings (49 U.S.C. § 47106(c)) — For projects involving the location of an airport, runway or major runway extension, confirm the Sponsor: a, Provided an opportunity for a public hearing to consider economic, social and environmental effects of the project. b. Has voting representation from the communities in which the project is located; or has advised the communities that they have the right to petition the Secretary about the proposed project. 8. Air and Water Quality Standards - Confirm Sponsor will comply with applicable air and water quality standards. 9. Exclusive Rights (49 U,S.C. § 47107(a) — Identify all instances of exclusive rights to conduct aeronautical services at the airport. 10. Land (49 U.S.C. § 47106(b)) — a. Identify property interests specific to the development project and/or land acquisition. The declaration of property interest is to be based upon a title opinion submitted by an attorney. When identifying the property interest, use the same parcel numbers as used to identify the property on the associated Exhibit. A property map. Example: "Sponsor maintains property interest as depicted within the property table on the Exhibit A property map dated/ / originally filed with A1P Project ###." b. Complete this subpart if the Sponsor proposes a project for which they have not yet obtained appropriate property interests. Note that the work may not commence until Sponsor obtains acceptable property interests. Identify such property by parcel number that corresponds to the associated Exhibit A property map. c. Complete this subpart when acquiring property interests under the grant. Identify such property by parcel number that corresponds to the associated Exhibit A property map, FAA Form 5100-100 PART III — Budget Information SECTION A. GENERAL 1. Assistance Listing Number - Show the Assistance Listing Number from which the assistance is requested. 2,. Functional or Other Breakout: Indicate "Airport Improvement Program". Prepare a separate set of Part III forms for other Federal program categories. SECTION B. CALCULATION OF FEDERAL GRANT When applying for a new grant, use the Total Amount Column only. Use all columns when requesting revisions of previously awarded amounts. Line 1 - Enter amounts needed for administration expenses, which may include such items as: legal fees, mailing/shipping expenses, audit fees and documented Sponsor employee time that is necessary to administer the grant. Line 2 - Enter amounts pertaining to allowable preliminary expenses. These include such expenses as independent fee estimate preparation, advertising expenses and permits. Line 3 -- Enter amounts directly associated with the acquisition of land, existing structures, and related right-of-way. Line 4 - Enter fees for architectural engineering basic services. Line 5 - Enter amounts for architectural engineering special services (e.g. surveys, tests and borings). Line 6 - Enter fees for inspection, testing and monitoring of construction and related programs. Line 7 - Enter amounts associated with the development of land where the primary purpose of the grant is land improvement. Site work normally associated with major construction should be excluded from this category and shown on line 11. Line 8 - Enter the dollar amounts needed to provide relocation advisory assistance, and the net amounts for replacement (last resort) housing. Do not include relocation administration expenses on this Line; include them on Line 1, Line 9 - Enter the estimated amount of relocation payments to be made to displaced persons, business concerns, and non-profit organizations for moving expenses and replacement housing. Line 10 - Enter the cost of demolition or removal of improvements on developed land. Reduce the costs on this line by the amount of expected proceeds from the sale of salvage, if so instructed by the Federal grantor agency. Otherwise, show the proceeds on Line 15, Line 11 - Enter amounts for the actual construction of, addition to or restoration of a facility. Include in this category the amounts of project improvements such as grading, drainage, paving, marking, lighting, buildings, seeding/sodding, etc. Line 12 - Enter amounts for equipment. Examples include ARFF vehicles, SRE equipment, AWOS equipment, interactive training, NAVAID equipment, etc.) Line 13 - Enter miscellaneous amounts for items not specifically covered by previous categories. FAA Form 5100-100 iv Line 14 - Enter the sum of Lines 1-13, Line 15 - Enter the estimated amount of program income that will be earned during the grant period and applied to the program. Examples include vehicle trade-in value, sale of millings resulting from project, credits passed on from contractor, etc. This line may be used to indicate applied liquidated damages. Line 16 - Enter the difference between Line 14 and Line 15. Line 17 - Enter the aggregate amount for those items, which are a part of the project but not subject to Federal participation, Refer to Section C, exclusions. Line 18 — Enter the subtotal sum of Lines 16 and 17. (This is the amount to which the matching share ratio prescribed in program legislation is applied.) Line 19 - Indicate the total amount of the Federal assistance requested. This value is determined by multiplying the grant participation rate by the amount indicated in line 18. Line 20 — Indicate the amount of the Grantee's share (from Section ©). Line 21 — Indicate the amount of other shares (from Section D) Line 22 — Indicate sum of Lines 19, 20 and 21. SECTION C. EXCLUSIONS Line 23 a-g - Identify and list those costs which are part of the project cost but are not subject to Federal participation because of program legislation or Federal grantor agency instructions. The total amount on Line g should agree with the amount shown on Line 17 of Section B, SECTION D. PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE Line 24 a-g - Show the source of the grantee's share. If cash is not immediately available, specify the actions completed to date and those actions remaining to make cash available under Section E - Remarks. Indicate also the period of time that will be required after execution of the grant agreement to obtain the funds. If there is a non -cash contribution, explain what this contribution will consist of. Line 24h - Indicate total of Lines 24 a-g. This amount must equal the amount in Section B, Line 20. Line 25a - Show the amount that will be contributed by a State or state agency, only if the applicant is not a State or state agency, If there is a non -cash or other contribution, explain what the contribution will consist of under Section E - Remarks, Line 25b - Show the amount that will be contributed from other sources. If there is a non -cash contribution, explain what the contribution will consist of under Section E - Remarks. Line 25c - Show the total of Lines 28a and 28b. This amount must be the same as the amount shown in Section B, Line 21. Line 26 - Enter the totals of Lines 24h and 25c. SECTION E. OTHER REMARKS Make any remarks pertinent to the project and provide any other information required by these instructions or the grantor agency. Attach additional sheets, if necessary. FAA Form 51 OD.100 v PART IV — Program Narrative Prepare the program narrative statement in accordance with the following instructions for all new grant programs. Requests for supplemental assistance should be responsive to Item 5b only. Requests for continuation or refunding or other changes of an approved project should be responsive to Item 5c only. I, OBJECTIVES AND NEED FOR THIS ASSISTANCE Provide a short and concise description of the proposed improvement. Include a narrative on why this improvement is needed, 2. RESULTS OR BENEFITS EXPECTED Identify results and benefits to be derived. For example, include a description of who will occupy the facility and show how the facility will be used, For land acquisition or development projects, explain how the project will benefit the public. 3. APPROACH a, Outline a plan of action pertaining to the scope and detail of how the Sponsor proposes to accomplish the work. b. Cite factors, which might accelerate or decelerate the work, and your reason for taking this approach as opposed to others. Describe any unusual features of the project such as construction approach, reductions in cost or time or extraordinary social and community involvements. c. Provide projections of project milestone dates. As a minimum, identify target dates for defining project costs (i.e. bid opening or completion of negotiations), anticipated issuance of notice -to - proceed and anticipated project completion date. d. Identify monitoring and oversight mechanisms the Sponsor proposes to implement. e. List key individuals and entities such as consultant, Sponsor personnel and contractor who will work on the project. Provide a short description of the nature of their effort or contribution. 4. GEOGRAPHIC LOCATION Identify location of the project. This will typically be the name of the airport. 5. IF APPLICABLE, PROVIDE THE FOLLOWING INFORMATION: a. Describe the relationship between this project and other work planned, anticipated or underway under the Federal Assistance listed under Part II, Section A, Item 5. b. Explain the reason for all requests for supplemental assistance and justify the need for additional funding. c. If there have been significant changes in the project objectives, location, approach or time delays, explain and justify. For other requests for changes or amendments, explain the reason for the change(s). If the scope, budget, or objectives have changed or an extension of time is necessary, explain the circumstances and justify. 6. SPONSOR'S REPRESENTATIVE Identify contact information of Sponsor's representative. FAA Form 5100-100 vi S. Department of Transportation ��/ U.Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 12/31/2026 Application for Federal Assistance (Development and Equipment Projects) PART II ® PROJECT APPROVAL INFORMATION Part II - SECTION A The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form. Item 1. Does Sponsor maintain an active registration in the System for Award Management (www.SAM.gov)? Yes ❑ No Item 2. Can Sponsor commence the work identified in the application in the fiscal year the grant is made or within six months after the grant is made, whichever is later? Itetlrt 3. Are there any foreseeable events that would delay completion of the project? If yes, provide attachment to this form that lists the events. ®Yes ONo ❑N/A © Yes ®No © N/A Item 4. Will the project(s) covered by this request have impacts or effects an the environment that require mitigating measures? If yes, attach a summary listing of El Yes Q No LJ N/A mitigating measures to this application and identify the name and date of the environmental document(s). Item 5. Is the project covered by this request included in an approved Passenger Facility Charge (PFC) application or other Federal assistance program? If yes, please identify other funding sources by checking all applicable boxes. Q Yes ®No ©N/A 0 The project is included in an approved PFC application. If included in an approved PFC application, does the application only address AIP matching share? 0 Yes 0 No © The project is included in another Federal Assistance program. Its CFDA number is below. Item 6. Will the requested Federal assistance include Sponsor indirect costs as described in 2 CFR Appendix VII to Part 200, States and Local Government and Indian Tribe Indirect Cost Proposals? If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply: 0 De Minimis rate of 10% as permitted by 2 CFR § 200.414. Negoti On d Rate equal to % as approved by (Date) (2 CFR part 200, appendix VII). Yes 0 No ❑ N/A (the Cognizant Agency) Note: Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs. FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 1 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 12/31/2026 PART if - SECTION B Certification Regarding Lobbying The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached, The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form, The Authorized Representative certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Authorized Representative shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. FAA Forrn 5100-100 i1/24j SUPERSEDES PREVIOUS EDITION Page 2 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 12/31/2026 PART II - SECTION C The Sponsor hereby represents and certifies as follows:: 1. Compatible Land Use - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The City has implemented land use criteria and an airport overlay zone that helps to ensure compatible land use adjacent to the airport. See ALP land use drawing. 2. Defaults - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows: None 4. Consistency with Local Plans - The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Yes, this plan is consistent with state and local plans. 5. Consideration of Local interest It has given fair consideration to the interest of communities in or near where the project may be located. Yes 6. Consultation with Users - In making a decision to undertake an airport development project under Title 49, United States Code, it has consulted with airport users that will potentially be affected by the project (§ 47105(a)(2)). Yes, as a part of the public process during the last ALP and Master Plan update. 7. Public Hearings - In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project, NA 8. Air and Water Quality Standards - In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. NA FAA Form 5100-100 24) SUPERSEDES PREVIOUS EDITION Page 3 or 7 OMB CONTROL NUMBER; 2120-0569 OMB EXPIRATION DATE: 12131/2026 PART II — SECTION C (Continued) 9. Exclusive Rights — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None, there is no grant of an exclusive right at Yakima Air Terminal - McAllister Field. 10. Land — (a) The sponsor holds the following property interest in the following areas of land, which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] The City of Yakima is the sole property owner of the airport. The land interests owned by the sponsor are shown on the current "Exhibit A" dated October 2020.that is on file with the FAA SEA ADO. The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit °`A", [1] NA (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] NA State the character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (1124) SUPERSEDES PREVIOUS EDITION Page 4 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 12/31/2026 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A —GENERAL 1, Assistance Listing Number: 2. Functional or Other Breakout: 20,106 Airport Improvement Program (Airport Terminal Program) SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification 1. Administration expense Latest Approved Amount (Use only for revisions) Adjustment + or (-) Amount (Use only for revisions) Total Amount Required 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 552 rob 5. Other Architectural engineering fees 6. Project inspection fees 7. Land development Relocation Expenses 9,. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project 12. Equipment. provement 500,000 13. Miscellaneous 14. Subtotal (Lines 1 through 13) 15. Estimated ncome (i pplicable) 16, Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions (Section C, line 23 g.) 18. Subtotal (Lines 16 through 17) $ 2,278,841 2,278,841 $ 2,278,841 19, Federal Share requested of Line 18 20, Grantee share 2,164,899 113,942 21. Other shares 22. TOTAL. PROJECT (Lines 19, 20 & 21) 0 $ 2,278,841 FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 5 of 7 SECTION C — EXCLUSIONS 23. Classification (Description of non -participating work) a. n/a b. c. d. e. OMB CONTROL NUMBER; 2126-0569 OMB EXPIRATION DATE: 12/31/2026 Amount Ineligible for Participation 9• Total SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 24. Grantee Share — Fund Categories Amount e b. Mortgages c, Appropriations (by Applicant) d. Bonds e. Tax Levies f. Non -Cash g. Other (Explain): h. TOTAL - Grantee share 25. Other Shares Amount 0 113,942 0 0 0 0 42 a. State b. Other 0 c. TOTAL - Other Shares 26. TOTAL NON-FEDERAL FINANCING $© $0 SECTION E — REMARKS Attach sheets if additional space is required Construction phase 1: Install baggage claim equipment and 50% of the baggage claim area, restrooms and family lobby FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 6 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 12/3112026 PART IV — PROGRAM NARRATIVE. (Suggested Format) PROJECT: 3-53-0089-060-2025 AIRPORT: YKM McAllister Field . Objective: Install new baggage handling equipment, installation and related proprietary engineering to modernize the baggage claim system. Include the balance of construction to support the alteration of the passenger areas in the baggage claim areas including a family lobby and restroom upgrades to support accessibility (ADA), 2. Benefits Anticipated: Improve security, accessibility (ADA) and resilience between the airside and public areas of the airport. Approach: (See approved Scope of Work in Final Application) Baggage claim equipment and construction management for installation of equipment. Construction and construction management to support the alteration of the passenger areas in the baggage claim areas including a family lobby and restroom upgrades to support accessibility (ADA). 4. Geographic Location: Yakima, Washington If Applicable, Provide Additional Information: Yakima Air Terminal McAllister Field 6. Sponsor's Representative: (include address & telephone number) Ms. Victoria Baker, City Manager 509 575 6000 City of Yakima 129 North Second Street, Yakima, WA 98901 FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 7 of 7 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-129, Construction Project Final Acceptance — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number, The OMB Control Number for this information collection is 2120-0569. Public reporting For this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-129 11 U S Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 12/31/2026 Construction Project Final Acceptance Airport Improvement Program Sponsor Certification Sponsor: City of Yakima. Airport: Yakima Air Terminal - McAllister Field, YKM Project Number: 3-53-0089-060-2025 Description of Work: Construction Phase 2: install baggage claim equipment. Application 49 USC § 47105(d), authorizes the Secretary to require me certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program, General standards for final acceptance and close out of federally funded construction projects are in 2 CFR § 200.343 — Closeout and supplemented by FAA Order 5100.38. The sponsor must determine that project costs are accurate and proper in accordance with specific requirements of the grant agreement and contract documents, Certification Statements Except for certification statements below marked not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgment and confirmation of the certification statement, The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance, This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards, The source of the requirement is referenced within parenthesis. 1. The personnel engaged in project administration, engineering supervision, project inspection, and acceptance testing were or will be determined to be qualified and competent to perform the work (Grant Assurance), Vxl Yes C No E N/A 2. Construction records, including daily Togs, were or will be kept by the resident engineer/construction inspector that fully document contractor's performance in complying with: a. Technical standards (Advisory Circular (AC) 150/5370-12); b. Contract requirements (2 CFR part 200 and FAA Order 5100,38); and c. Construction safety and phasing plan measures (AC 150/5370-2), Yes I I No I N/A All acceptance tests specified in the project specifications were or will be performed and documented, (AC 150/5370-12). Yes No ] N/A FAA Form 51( 9-129 (2/24) SUPERSEDES PREVIOUS EDITION page 1 of 3 4. Sponsor has taken or will take appropriate corrective action for any test result outside of allowable tolerances (AC 150/5370-12). ri Yes nNo EN/A 5. Pay reduction factors required by the specifications were applied or will be applied in computing final payments with a summary made available to the FAA (AC 150/5370-10). Yes E No ❑ N/A 6. Sponsor has notified, or will promptly notify the Federal Aviation Administration (FAA) of the following occurrences: a. Violations of any federal requirements set forth or included by reference in the contract documents (2 CFR part 200); b. Disputes or complaints concerning federal labor standards (29 CFR part 5); and c. Violations of or complaints addressing conformance with Equal Employment Opportunity or Disadvantaged Business Enterprise requirements (41 CFR Chapter 60 and 49 CFR part 26). Yes t_._I No E N/A 7. Weekly payroll records and statements of compliance were or will be submitted by the prime contractor and reviewed by the sponsor for conformance with federal labor and civil rights requirements as required by FAA and U.S. Department of Labor (29 CFR Part 5). Q Yes [] No C N/A 8. Payments to the contractor were or will be made in conformance with federal requirements and contract provisions using sponsor internal controls that include: a. Retaining source documentation of payments and verifying contractor billing statements against actual performance (2 CFR § 200.302 and FM Order 5100.38); b. Prompt payment of subcontractors for satisfactory performance of work (49 CFR § 26,29); c. Release of applicable retainage upon satisfactory performance of work (49 CFR § 26,29); and d. Verification that payments to DBEs represent work the DBE performed by carrying out a commercially useful function (49 CFR §26.55). Yes 0 No E N/A 9. A final project inspection was or will be conducted with representatives of the sponsor and the contractor present that ensure: a. Physical completion of project work in conformance with approved plans and specifications (Order 5100,38); b. Necessary actions to correct punch list items identified during final inspection are complete (Order 5100.38); and c. Preparation of a record of final inspection and distribution to parties to the contract (Order 5100.38); X Yes No N/A 10. The project was or will be accomplished without material deviations, changes, or modifications from approved plans and specifications, except as approved by the FAA (Order 5100,38). Yes E No E N/A FAA Form 5100-129 (2/24) SUPERSEDES PREVIOUS EDITION page 2 of 3 11. The construction of all buildings have complied or will comply with the seismic construction requirements of 49 CFR § 41,120, Yes No NIA 12, For development projects, sponsor has taken or will take the following close-out actions: a, Submit to the FAA a final test and quality assurance report summarizing acceptance test results, as applicable (Grant Condition); b. Complete all environmental requirements as established within the project environmental determination (Oder 5100,38): and c. Prepare and retain as -built plans (Order 5100.38), Yes El No E N/A 13. Sponsor has revised or will revise their airport layout plan (ALP) that reflects improvements made and has submitted or will submit an updated ALP to the FAA no later than 90 days from the period of performance end date. (49 USC § 47107 and Order 5100.38). Yes No 11 N/A Attach documentation clarifying any above item marked with "No" response, Sponsor's Certification l certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no"' is correct and complete. Executed on this ) \, day of Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Victoria Baker Title of Sponsor's Authorized Official: Signature of Sponsor's Authorized Official: declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-129 (2/24) SUPERSEDES PREVIOUS EDITION page 3 of 3 U.S.. Department of Transportation Federal Aviation Administration FAA Form 5100-130, Drug -Free Workplace — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-130 '1 U.S. Department of Transpnrtato©n Federal Aviation Administration EXPIRATION DATE: 12/31/2026 OMB CONTROL NUMBER: 2120-0569 Drug -Free Workplace Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air' Terminal - McAllister Field, YKM Project Number: 3-53-0089-060-2025 Description of Work: Construction Phase 2: Install Baggage Claim Equipment Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug -free workplace within federal grant programs are described in 2 CFR part 182. Sponsors are required to certify they will be, or will continue to provide, a drug -free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988. Certification Statements Except for certification statements below marked as not applicable (NIA), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. A statement has been or will be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession„ or use of a controlled substance is prohibited in the sponsors workplace, and specifying the actions to be taken against employees for violation of such prohibition (2 CFR § 182.205). ® Yes No ©N/A 2. An ongoing drug -free awareness program (2 CFR § 182215) has been or will be established prior to commencement of project to inform employees about: a. The dangers of drug abuse in the workplace: b. The sponsor's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. Yes ©No EJ NIA. FAA Form 5100-130 (2/24) SUPERSEDES PREVIOUS EDITION Page 1 of 3 Each employee to be engaged in the performance of the work has been or will be given a copy of the statement required within item 1 above prior to commencement of project (2 CFR § 182,210). ® Yes No ❑ N/A 4. Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR § 182.205(c)), the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. p Yes ©No ©N/A 5. The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice, including position title of the employee, to the FAA (2 CFR § 182.300). ® Yes ❑ No ©N/A 6. One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended: and b. Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or focal health, law enforcement, or other appropriate agency. Yes No p N/A 7. A good faith effort will be made, on a continuous basis, to maintain a drug -free workplace through implementation of items 1 through 6 above (2 CFR § 182.200), Yes DNo DN/A Site(s) of performance of work (2 CFR § 182.230); Location 1 Name of Location: Yakima Air Terminal - McAllister Field, YKM Address: 2300 West Washington Avenue, Yakima, WA 98903 Location 2 (if applicable) Name of Location: Address; Location 3 (if applicable) Name of Location: Address: FAA Form 5100-130 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 3 Attach documentation clarifying any above item marked with a "No" response. Sponsor's Certification l certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed o this ,,, F day of Name of 'Sponsor, Cily of Yakima Name of Sponsor's Authorized Official: Victorda Baker Title of Sponsor's Authorized Official, City Manager Signature of Sponsor"s Authorized 0ffici I declare under penalty of perjury, that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Fi rrr 5100- f 30 (2I24) 'SUPERSEDES PREVIOUS EDITION Page 3 or 3 U,S, Department of Transportation Federal Aviation Administration FAA Form 5100-131, Equipment and Construction Contracts Airport Improvement Sponsor Certification Paperwork Reduction Act Burden Statement. A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569, Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200, Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524, FAA Form 5100-131 U.S Department of Transportation Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 12131/2026 Equipment and Construction Contracts Airport Improvement Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal - McAllister Field, YKM Project Number. 3-53-0089-060-2025 Description of Work: Construction Phase 2: Install baggage claim equipment Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP), General procurement :standards for equipment and construction contracts within Federal grant programs are described in 2 CFR §§ 200.317-200,326, Labor and Civil Rights Standards applicable to the AIP are established by the Department of Labor (www.dol.gov) AIP Grant Assurance C.1—General Federal Requirements identifies all applicable Federal Laws, regulations„ executive orders, policies, guidelines and requirements for assistance under the AIP. Sponsors may use state and local procedures provided the procurement conforms to these federal standards. This certification applies to all equipment and construction projects. Equipment projects may or may not employ laborers and mechanics that qualify the project as a 'covered contract" under requirements established by the Department of Labor requirements. Sponsor shall provide appropriate responses to the certification statements that reflect the character of the project regardless of whether the contract is for a construction project or an equipment project. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement, The term 'will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards, The source of the requirement is referenced within parenthesis. 1. A written code or standard of conduct is or will be in effect prior to commencement of the project that governs the performance of the sponsor's officers, employees, or agents in soliciting, awarding and administering procurement contracts (2 CFR § 200,318), ® Yes ©No ©N/A FAA Fore 5100-131 (2124) SUPERSEDES PREVIOUS EDITIONPage 1 of 4 2, For all contracts, qualified and competent personnel are or will be engaged to perform contract administration, engineering supervision, construction inspection, and testing (Grant Assurance C.17). Yes No ❑ NIA Sponsors that are required to have a Disadvantage Business Enterprise (DBE) program on file with the FAA have included or will include clauses required by Title VI of the Civil Rights Act and 49 CFR Part 26 for Disadvantaged Business Enterprises in all contracts and subcontracts. ED Yes ❑ No ❑ NIA 4. Sponsors required to have a DBE program on file with the FAA have implemented or will implement monitoring and enforcement measures that: a. Ensure work committed to Disadvantaged Business Enterprises at contract award is actually performed by the named DBEs (49 CFR § 26.37(b)); b, Include written certification that the sponsor has reviewed contract records and has monitored work sites for performance by DBE firms (49 CFR § 26.37(b)); and c. Provides for a running tally of payments made to DBE firms and a means for comparing actual attainments (Le. payments) to original commitments (49 CFR § 26,37(c)). Yes ❑ No ❑ NIA 5. Sponsor procurement actions using the competitive sealed bid method (2 CFR § 200.320(c)). was or will be, a. Publicly advertised, allowing a sufficient response interested contractors or vendors; b. Prepared to include a complete, adequate and realistic specification that defines the items or services in sufficient detail to allow prospective bidders to respond; c. Publicly opened at a time and place prescribed in the invitation for bids; and d. Prepared in a manner that result in a firm fixed price contract award to the lowest responsive and responsible bidder. p Yes ❑ No ❑ NIA etosol cit an adequate number of 6. For projects the Sponsor proposes to use the competitive proposal procurement method (2 CFR § 200.320(d)), Sponsor has requested or will request FAA approval prior to proceeding with a competitive proposal procurement by submitting to the FAA the following: a. Written justification that supports use of competitive proposal method in lieu of the preferred sealed bid procurement method; b. Plan for publicizing and soliciting an adequate number of qualified sources; and c. Listing of evaluation factors along with relative importance of the factors. CI Yes ❑ No p N/A 7 For construction and equipment installation projects, the bid solicitation includes or wilt include the current federal wage rate schedule(s) for the appropriate type of work classifications (2 CFR Part 200, Appendix II). Yes ❑ No ❑ N/A FAA Form 5100-1 2/ SUPERSEDES PREVIOUS EDITION Page 2 of 4 8. Concurrence was or will be obtained from the Federal Aviation Administration (FAA) prior to contract award under any of the following circumstances (Order 5100.38D): a. Only one qualified person/firm submits a responsive bid; b. Award is to be made to other than the lowest responsible bidder, and c, Life cycle costing is a factor in selecting the lowest responsive bidder. • Yes C7 No © N/A 9, All construction and equipment installation contracts contain or will contain provisions for: a. Access to Records (§ 200.336) b. Buy American Preferences (Title 49 U.S.C. § 50101) c. Civil Rights General Provisions and Title VI Assurances( 41 CFR part 60) d. Federal Fair Labor Standards (29 U.S.C,, § 201, et seq) e. Occupational Safety and Health Act requirements (20 CFR part 1920) f. Seismic Safety ® building construction (49 CFR part 41) g. State Energy Conservation Requirements -- as applicable(2 CFR part 200, Appendix 1I) h. U.S. Trade Restriction (49 CFR part 30) i. Veterans Preference (49 USC § 47112(c)) CI Yes ©No © N/A 10. All construction and equipment installation contracts exceeding $2,000 contain or will contain the provisions established by: a. Davis -Bacon and Related Acts (29 CFR. part 5) b. Copeland "Anti -Kickback" Act (29 CFR parts 3 and 5) • Yes ©No D N/A 11. All construction and equipment installation contracts exceeding $3,000 contain or will tin a contract provision that discourages distracted driving (E.O. 13513), E3 Yes El No D N/A 12. Ali contracts exceeding $10,000 contain or will contain the following provisions as applicable: a. Construction and equipment installation projects - Applicable clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity: b. Construction and equipment installation - Contract Clause prohibiting segregated facilitiE in accordance with 41 CFR part 60-1.8: Requirement to maximize use of products containing recovered materials in accordance with 2 CFR § 200.322 and 40 CFR part 247, and d. Provisions that address termination for cause and termination for convenience (2 CFR Part 200, Appendix II), ® Yes ©No ©N/A FAA Form 5100-1 con a 4) SUPERSEDES PREVIOUS EDITION Page 3 of 4 13. All contracts and subcontracts exceeding $25,000: Measures are in place or will be in place (e,g, checking the System for Award Management) that ensure contracts and subcontracts are not awarded to individuals or firms suspended, debarred, or excluded from participating in federally assisted projects (2 CFR parts 180 and 1200). ® Yes j No D N/A 14, Contracts exceeding the simplified acquisition threshold (currently $250,000) include or wiU include provisions, as applicable, that address the following: a. Construction and equipment installation contracts - a bid guarantee of 5°/0, a performance bond of 100%, and a payment bond of 100% (2 CFR § 200,325); b. Construction and equipment installation contracts - requirements of the Contract Work Hours and Safety Standards Act (40 USC 3701-3708, Sections 103 and 107); c. Restrictions on Lobbying and Influencing (2 CFR part 200, Appendix II); d. Conditions specifying administrative, contractual and legal remedies for instances where contractor of vendor violate or breach the terms and conditions of the contract (2 CFR §200, Appendix II): and e. All Contracts - Applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 7401-7671q), Section 508 of the Clean Water Act (33 USC 1251-1387, and Executive Order 11738, ®Yes LJNo 0 N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this J �.. day of Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Victoria Baker Title of Sponsor°s Authorized Official: City Marta Signature of Sponsor's Authorized Official declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-131 (2/24) SUPERSEDES PREVIOUS EDITION Page 4 of 4 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-132, Project Plans and Specifications — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-132 U 5 Department of Transportation VIDoe Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 12/31/2025 Project Plans and Specifications Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal - McAIdister Field, YKM Project Number: 3-53-0089-060-2025 Description of Work: Construction Phase 2: Install Baggage Claim Equipment Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of Labor (www.dol.gov/). AIP Grant Assurance C.1 General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under AIP. A list of current advisory circulars with specific standards for procurement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project, Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement, The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards, The source of the requirement is referenced within parenthesis. The plans and specifications were or will be prepared in accordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth in the advisory circulars, or FAA -accepted state standard, is necessary other than those explicitly approved by the Federal Aviation Administration (FAA) (14 USC § 47105). Yes ❑ No ❑ N/A 2. Specifications incorporate or will incorporate a clear and accurate description of the technical requirement for the material or product that does not contain limiting or proprietary features that unduly restrict competition (2 CFR §200.319). J Yes ❑ No ❑ N/A FAA Form 5100-132 (2/24) SUPERSEDES PREVIOUS EDITION Page 1 of 3 The development that is included or will be included in the plans is depicted on the current airport layout plan as approved by the FAA (14 USC § 47107). ❑ Yes ❑ No Q N/A 4. Development and features that are ineligible or unallowable for AIP funding have been or will be omitted from the plans and specifications (FAA Order 5100,38, par. 3-43). D Yes ❑ No ❑ N/A The specification does not use or will not use "brand name" or equal to convey requirements unless sponsor requests and receives approval from the FAA to use brand name (FAA Order 5100.38, Table U-5). ® Yes ❑ No ❑ N/A 6, The specification does not impose or will not impose geographical preference in their procurement requirements (2 CFR §200.319(b) and FAA Order 5100.38, Table U-5). Yes ❑ No ❑ N/A 7. The use of prequalified lists of individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during the solicitation period (2 CFR §319(d)). ED Yes ❑ No ❑ N/A Solicitations with bid alternates include or will include explicit information that establish a basis for award of contract that is free of arbitrary decisions by the sponsor (2 CFR § 200.319(a)(7)), O Yes ❑ No ❑ N/A 9. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering clause into the contract (FAA Order 5100.38, par. 3-57), El Yes ❑ No ❑ N/A 10. The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)). • Yes ❑ No ❑ N/A 11. The design of all buildings comply or will comply with the seismic design requirements of 49 CFR § 41.120, (FAA Order 5100.38d, par. 3-92) El Yes ❑ No ❑ N/A 12. The project specification include or will include process control and acceptance tests required for the project by as per the applicable standard: a. Construction and installation as contained in Advisory Circular (AC) 150/5370-10. ® Yes ❑ No ❑ N/A FAA Form 5100-132 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 3 b. Snow Removal Equipment as contained in AC 15015220-20. ❑ Yes ❑ No ® N/A c. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10. ❑ Yes ❑ No ®N/A 13. For construction activities within or near aircraft operational areas(AOA): a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP) conforming to Advisory Circular 150/5370-2. b, Compliance with CSPP safety provisions has been or will be incorporated into the plans and specifications as a contractor requirement. c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order 5100,38, Par. 5-29). ® Yes ❑ No D N/A 14. The project was or will be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design (49 USC §47110(b)(1) and FAA Order 5100,38d, par. 3-100). Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no' is correct and complete. Executed on this `µf< t. day of Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Victoria Baker Title of Sponsor's Authorized Official: City Manager Signature of Sponsor's Authorized Offici declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-132 (2/24) SUPERSEDES PREVIOUS EDITION Page 3 of 3 U,S, Department of Transportation Federal Aviation Administration FAA Form 5100-134, Selection of Consultants — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number, The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-134 J.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 411' Federal Aviation Administration EXPIRATION DATE: 1213112026 Selection of Consultants Airport Improvement Program Sponsor Certification Sponsor: City Of Yakima Airport: Yakima Air'Terminai - McAllister Field, YKM Project Number; 3-53-0089-060-2025 Description of Work: Construction Phase install baggage claim equipment Application 49 USC § 4.7105(d) authorizes the Secretary to require certification from the sponsor that it il! comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in 2 CFR §§ 200.317-200.326. Sponsors may use other qualifications -based procedures provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14„ Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes"` represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance, This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards, The source of the requirement is referenced within parenthesis. 1 Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR § 200.318(k)), ® Yes ❑ No 0 NiA 2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR § 200,319), Yes 0 No ❑ NIA Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request -for - qualifications (RFQ) from competing for the advertised services (2 CFR § 200,319), 0 Yes D No LI NIA FAA Form 5100-134 24) SUPERSEDES PREVIOUS EDITION Page 1 of 3 4. The advertisement describes or will describe specific project statements -of -work that provide clear detail of required services without unduly restricting competition (2 CFR § 200.319), ® Yes ❑ No 0 N/A 5. Sponsor has publicized or will publicize a RFQ that: a. Solicits an adequate number of qualified sources (2 CFR § 200.320(d)); and b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)), lI Yes ❑ No ❑ NIA 6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price not being a selection factor (2 CFR § 200.320(d)), Yes ❑No ❑N/A 7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federally assisted projects (2 CFR §180.300). 0 Yes ❑ No ❑ NIA 8. A/E services covering multiple projects: Sponsor has agreed to or will agree to: a. Refrain from initiating work covered by this procurement beyond five years from the date of selection (AC 150/5100-14); and b. Retain the right to conduct new procurement actions for projects identified or not identified in the RFQ (AC 150/5100-14). El Yes ❑ No ❑ NIA 9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as most qualified for the services identified in the RFQ (2 CFR § 200.323), 0 Yes ❑ No ❑ NIA 10, The Sponsor's contract identifies or will identify costs associated with ineligible work separately from costs associated with eligible work (2 CFR § 200.302), d Yes ❑ No ❑ N!A 11, Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR §200.318(i)). Yes ❑ No ❑ NIA 12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix II) Yes ❑ No ❑ NIA FAA Form 5100-134 (2124) SUPERSEDES PREVIOUS EDITION Page 2 of 3 13. For contracts that apply a time -and --material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish: a. Justification that there is no other suitable contract method for the services (2 CFR §200.318(j) ); b. A ceiling price that the consultant exceeds at their risk (2 CFR §200,318(j)); and A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200.318(j)',) Yes ❑ No ❑ N/A 14, Sponsor is not using or will not use the prohibited cost plus -percentage -of -cost (CPPC) contract method. (2 CFR § 200,323(d)), ❑ Yes 0 No ❑ N/A Attach documentation clarifying any above item marked with 'no" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete, declare under penalty of perjury that the foregoing is true and correct, I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both, Executed on this , \ day of )�€, Name of Sponsor: City of Yakima Name of ,Sponsor"s Authorized Official: Victoria Baker Title of Sponsor's Authorized Official: City Ma Signature of Sponsor's Authorized Official: declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-134 (2/24} Si.tPERSEDES PREVIOUS EDITION Page 3 of 3 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-135, Certification and Disclosure Regarding Potential Conflicts of Interest — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection o information are required under 49 U.S.C, Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200, Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-135 7 U S. Department of Transportation Nile Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 12/31/2026 Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakirna Air Terminal - McAllister Field, YKM Project Number: 3-53-0089-060-2025 Description of Work: Construction Phase 2: fnstaIl Baggage E p ent Application Title 2 CFR § 200.112 and § 1201.112 address Federal Aviation Administration (FAA) requirements for conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors must comply with FAA policy an conflict of interest, Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award: a) The employee, officer or agent, b) Any member of his immediate family, c) His or her partner, or d) An organization which employs, or is about to employ, any of the above. Selecting "Yes" represents sponsor or sub -recipient acknowledgement and confirmation of the certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully comply with the certification statement. If "No" is selected, provide support information explaining the negative response as an attachment to this form. This includes whether the sponsor has established standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR § 200,318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. Certification Statements 1. The sponsor or sub -recipient maintains a written standards of conduct governing conflict of interest and the performance of their employees engaged in the award and administration of contracts (2 CFR § 200 318(c)), To the extent permitted by state or local law or regulations, such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and .sub -recipient's officers, employees, or agents, or by contractors or their agents. Yes No FAA Form tr100-135 (2/24) SUPERSEDES PREVIOUS EDITION Page 1 of 2 2. The sponsors or sub -recipient's officers, employees or agents have not and will not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub -agreements (2 CFR § 200 318(c)). ® Yes D No The sponsor or sub -recipient certifies that is has disclosed and will disclose to the FAA any known potential conflict of interest (2 CFR § 1200 112). El Yes © No Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation for any item marked "no" is correct and complete. Executed on this c) 11, day o Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Victoria Baker Title of Sponsors Authorized Official: City Manager Signature of Sponsor's Authorized Offici declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and ully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-135 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 2 OMB Number, 4040-0004 Explrati©n Date: 11/30/2025 Application for Federal Assistance SF-424 *1, Type of Submission: ❑ Preappiication • Application ❑ Changed/Corrected Application '2. Type of Application E New ❑ Continuation ❑ Revision *3. Date Received: 4, Applicant Identifier: 5a. Federal Entity Identifier: 3-53-0089-060-2025 State Use Only: 6, Date Received by State: 8. APPLICANT INFORMATION: 'a. Legal Name: City of Yakima * If Revision, select appropriate letter(s): * Other (Specify) *5b. Federal Award Identifier: 7. State Application Identifier: *b. Employer/Taxpayer Identification Number (EINITIN): 91-6001293 d. Address: * Street 1: Street 2: *City: Yakima 129 2nd Street *c. UEI: FJNNX1XFJ9K3 County/Parish: Yakima *State: *Province: `Country: WA USA: United States "Zip ! Postal Code 98901-2637 e. Organizational Unit: Department Name: Yakima Air TerminalltvlcAllister Field Division Name: f. Name and contact information of person to be contacted on matters involving this application; Prefix: Mr. *First Name: Robert Middle Name: *Last Name: Hodgman Suffix: Title: Airport Director Organizational Affiliation: * Telephone Number: 509-575-6260 'Email: Robert. Hodgman@yakimawa.gov Fax Number: Application for Federal Assistance SF-424 *9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Pick an applicant type Type of Applicant 3: Select Applicant Type: Pick an applicant type *Other (Specify) *14. Name of Federal Agency: Federal Aviation Administration 11. Catalog of Federal Domestic Assistance Number: 20.106 CFDA Title: Airport Improve nt Program *12. Funding Opportunity Number: *Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Yakima Washington *15. Descriptive Title of Applicant's Project: Construction phase 1: Install baggage claim equipment and 50% of the baggage claim area, restrooms and family lobby Attach supporting documents as specified in agency instructions. Application for Federal Assistance SF-424 . Congressional Districts Of: a. Applicant: WA-004 *b. Program/Project: WA-004 Attach an additional list of Program/Project Congressional Districts if needed. 7. Proposed Project: a, Start Date: 06/01/2025 *b. End Date: 12/30/2025 Estimated Funding ($): a. Federal *b. Applicant c. State *d. Local *e. Other *f, Program Income *ct, TOTAL 2,164,899 13,942 $o $© $o $o $ 2„278,841 Is Application Subject to Review By State Under Executive Order 12372 Process? a, This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372, 20. Is the Applicant Delinquent On Any Federal Debt? Q Yes ® No "Yes", explain: 21, *By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award, I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. 5. Code, Title 218, Section 1001) ** I AGREE * The list of certifications and assurances, or an interne t site where you may obtain this list, is contained in the announcement or agency specific instructions, Authorized Representative: Prefix: IVtiddle Name: Last Name: Baker Suffix: *Title: City Manager *First Name: Victoria *Telephone Number: 509-575-6000 Fax Number: * Email. vicki.bakeryakimawa.gov *Signature of Authorized Representativ *Date Signed:, STANDARD DOT TITLE VI ASSURANCES VB (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 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 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21,23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor 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: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. Page 1 of 2 STANDARD DOT TITLE VI ASSURANCES (Continued) 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act.. the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project, The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED Victoria Baker. City Manager (Sponsor) gnature of Au t on °'_e s Officia T ririo NO: Pacte2of2 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21,5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix 9 of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment, In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractors obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractors noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally. Assisted Programs of the Department of Transportation, and as said Regulations may be amended. The (grantee, licensee, lessee, permittee, etc,, as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof. does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. AIRPORT: REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS Yakima Air Terminal LOCATION: 2300 W Washington Avenue, Yakima Washington 98903 AIP PROJECT NO.: 3-53-0089-060-2025 STATEMENTS APPLICABLE TO THIS PROJECT a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the interest of communities that are near (Exact name of airport).YKM. b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local jurisdiction. c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing (Exact name of airport) YKM r and they have been informed regarding the scope and nature of this project. [ d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duly considered and are applicable to this project. (Provide comment for any statement riot checked). BY: Victoria Baker DATE: TITLE: City Manager SPONSORING AGENCY: NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; b. The nature and basis of opposition; c. Sponsor's plan to accommodate or otherwise satisfy the opposition; d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; f. Sponsor's plans, if any, to minimize any adverse effects of the project; g. Benefits to be gained by the proposed development; and h. Any other pertinent information which would be of assistance in determining whether to proceed with the project, CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment. or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its Instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $1 OO ©Q 5r each such iuu Signe Title Sponsor Auth©rizd Representative Date Airport/Sponsor: AIP #: TITLE VI PRE -AWARD SPONSOR CHECKLIST City of Yakima, Yakima Air Terminal — McAllister Field, YKM 3-53-0089-060-2025 Project Description(s): Construction Phase 2: Install Baggage Claim Equipment 1) Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s) and the conclusions made; EIS data concerning the race, color, or national origin of the affected community; steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or national origin. �1 None Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor. Include a summary of the findings. Z None ;If "None", continue with questions 3 and 4). Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. © None 4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any findings of noncompliance. None Review completed and approved: Date: To b completed by tt a Civil Rights Staff Signatur This checklist is only required for projects that involve one of the following: Environmental Assessment or Impact Statement (EIS); airport or runway relocation; major runway extension; relocation of any structure of person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or ethnic population. Return to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW; Renton, WA 98057-3356. FAX: (425) 227-1009 Phone (425) 227-2009 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-145, FAA Title VI Pre -Grant Award Checklist Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway., Fort Worth, TX 76177-1524 Instructions for Form 5100-145, FAA Title VI Pre -Grant Award Checklist This Checklist must be completed and submitted by the sponsor as a part of each FAA grant application. "Yes" responses mean that the sponsor is currently in compliance or has a corrective action plan approved by the FAA Office of Civil Rights (FAA) to come into compliance. "No" responses mean there is a potential compliance issue. Compliance issues will be brought to the attention of the FAA to determine if corrective actions are necessary, If there are any questions, please contact ACR-4-TitleVI(faa.gov. References to "'Title VI" in this checklist include Title VI of the Civil Rights Act of 1964 and related authorities that expand or clarify nondiscrimination protections in FAA assisted programs, identified in FAA Order 1400E11 [https://www.faa.gov/regulations_policies/ordersnotices/index.cfm/go/document.currentldocum entNumber/1400,11]. FAA Form 5100-145 (2/24) 0 / E _ 3 Phone num \ / 3 0 0 E - / / »/ ® / .0 / \ ¥ CO / / R / / .E \ 0 C / E 0 m / of the docume / / / ons 2 and 3 o he information outlined in this C ed based on DOT 0 AA Form 51 o c N C_ 0 a) 0 0 a) 0 } z n 0 {.L CCI r G3 E 0 Q c C 0 ection 3 of this Che complete Sections 2 and If the answers to 1.1 and 1.2 above are both c Q z d 0 6 Q c a) O 10 Q CD • E To 0 Q (U • - U) 4 0 • _0 C (S3 E E and FAA Order N LL 0 0) is required by DOT Order H N 0 > z >Fn information is available a) Q U ~ E c i.. (J) Q C V Q a..)i1. (33 .'� N "Q C businesses see N E 0 CI) U C '- 0 c 0 U i5 w _ t Q1 (al ) © €) 75 0 ca o �-0 c Q. o to ) o s E- a) 15 a) c * *= f 0 O o va E 0 0 t 0? 8 Q 5 E ASSC 0 0 0 -0 a) Q ro E a) co a a) (13 Form 5100- t L43 ,_ ypyy: c rW a) yQ+ �. .day EL 'L . W © m 1 4ywy' `(p 0 N • r C]. 1 CT Q (15 CSi L • a) • (1)~ 43: -0 ' c. U7 0 • 0 tffi 0 -0 i2 C t « N to a) E cm 4 C Q. L _ 0', C d1 r U5 C C3 0 U1 C aCat QL rC m" a o o i:.P! U ° E C a) fuQ E o a0 O R7 Q C . z. CEE7 u5 Lla C C 8J# C Q CL a) • J ▪ C drt t? C 0 C V) Ow Tli d $ I EC § 0 x Z E • % \ " / / a o a 2 3 O 0 a o e (I)m 0 o s-0. k _\ J o = �/ \ / S ^ & c » ® 0 E / / 0E / .73 S \ ' 0 \ 3.7 Detailed inform % u £ 0 0 a) co » m a) co [ u_ ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C,, subtitle VII, as amended. 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. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement. B. Duration and Applicability. 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project, However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. 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. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. ;nr tssuraric+*s 61/202 11 nag, 1 of 19 C. Sponsor Certification. The sponsor hereby assures and ce es, with respect to this grant that: 1. General Federal Requirements The Sponsor 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 Grant, Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub -recipients, The applicable provisions to this agreement include, but are not limited to, the following: FEDERAL LEGISLATION a. 49 U.S.C. subtitle Vil, as amended. b. Davis -Bacon Act, as amended -® 40 U.S.C. §§ 31.41-3144, 3146, and 3147, et seq.' c. Federal Fair Labor Standards Act - 29 U.S.C. § 201, et seq. d. Hatch Act - 5 U.S.C. § 1501, et seq.` e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq." 2 f. National Historic Preservation Act of 1966 - Section 106 -54 U.S.C, § .306108.' g, Archeological and Historic Preservation Act of 1974 - 54 U.S.C. § 312501, et seq.' h. Native Americans Grave Repatriation Act - 25 U.S,C. § 3001, et seq. Clean Air Act, P.L. 90-148, as amended - 42 U.S.C. § 7401, et seq. Coastal Zone Management Act, P.L. 92-583, as amended - 1.6 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. § 4012a.' 1. 49 U.S.C. § 303, (formerly known as Section 4(f)), m, Rehabilitation Act of 1973 -- 29 U.S.C. § 794. n, Title V9 of the Civil Rights Act of 1.964 (42 U.S.C. § 2000d et seq.) (prohibits discriminatresn 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), 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, as amended - 42 U.S.C. § 4151, et seq.' s. Powerplant and Industrial Fuel Use Act of 1978- Section 403 -42 U.S.C.. § 8373,' t. Contract Work Hours and Safety Standards Act -- 40 U.S,C. § 3701, 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 seq,� AFOtr.SW:H-1.,; 012025.!, w, Wild and Scenic Rivers Act, P.L. 90-542, as amended — 16 U.S.C, § 1271, et seq. x. Single Audit Act of 1984 — 31 U.S.C. § 7501, et seq.' y, Drug -Free Workplace Act of 1.988-41 U.S.C. §§ 8101 through 8105. z, The Federal Funding Accountability and Transparency Act of 2006, as amended (Pl. 109-282, as amended by section 6202 of Pl. 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII. cc. Build America, Buy America Act, P.L, 117-58, Title IX. dd. Endangered Species Act —16 U.S.C. 1531, et seq. ee. Title IX of the Education Amendments of 1972, as amended — 20 U.S.C. 1681-1683 and 1685- 1687. ff. Drug Abuse Office and Treatment Act of 1972, as amended — 21 U.S.C. 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended — 42 U.S.C. § 4541, et seq. hh. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended — 42 U.S.C. § 4541, et seq. ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions — 31 U.S.C. § 1352, EXECUTIVE ORDERS a. Executive Order 11990 — Protection of Wetlands b. Executive Order 11988 — Floodplain Management c. Executive Order 12372 — Intergovernmental Review of Federal Programs d. Executive Order 12699 —.Seismic Safety of Federal and Federally Assisted New Building Construction' e. Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's Workers f. Executive Order 14149 — Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151 — Ending Radical and Wasteful Government DEI Programs and Preferencing h. Executive Order 14154 — Unleashing American Energy i_ Executive Order 14168 — Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government j. Executive Order 14173 — Ending Illegal Discrimination and Restoring Merit -Based Opportunity FEDERAL REGULATIONS AiPr Crrt Sm3=,.r Asswarc:es( /2025) Page 2 g• a. 2 CFR Part 180 — OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 and 1201 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. c. 2 CFR Part 1200.— Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 — Investigative and Enforcement Procedures, e. 14 CFR Part 16 — Rules of Practice for Federally -Assisted Airport Enforcement Proceedings. 14 CFR Part 150 -- Airport Noise Compatibility Planning, 28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3 _ U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1 — Procedures for Predetermination of Wage Rates.' i• 29 CFR Part 3 — Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States,' k. 29 CFR Part 5 — Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction 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). m, 49 CFR Part 20 -- New Restrictions on Lobbying, n. 49 CFR Part 21 -- Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title V9 of the Civil Rights Act of 1964. o. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions. P• 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -Assisted Programs: 2. 49 CFR Part 26-- Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. 49 CFR Part 27 — Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.' 49 CFR Part 28 Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. 49 CFR Part 30 — Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to US. Contractors, u. 49 CFR Part 32 — Governrnentwide Requirements for Drug -Free Workplace (Financial Assistance). v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities (ADA). AmICY, _ -al - x12 w. 49 CFR Part 38 — Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41— Seismic Safety. FOOTNOTES TO ASSURANCE (C)(1) 1 These laws do not apply to airport planning sponsors, These laws do not apply to private sponsors. 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses, 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, 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 project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b, Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control. 4. Good Title. a. 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. Ail' port 5pp=tsai° 1Lvu=ante, b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained, S. 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. Subject to 49 U.S.C. 47107(a)(16) and (x), 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 Grant Agreement 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 Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsors interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary, It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial noncompliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. 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 ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for oor residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration cif Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located, 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted, 11. Pavement Preventive Maintenance -Management. With respect to a project approved after January 1, 1995, 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. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for AiraortSrxtt nsa Azsurane¢s(si 21:1'2; P�Kn .7 of 19 certification of such airport under 49 U.S.C. 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft, 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. 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 project 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. 14. 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 under 40 U.S.C. 3141-3144, 3146, and 3147, Public Building. Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work, 15, Veteran's Preference. It shall include in all contracts for work on any 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 49 U,S,C, 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary, Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary and incorporated into this Grant Agreement, ;,ag,, 8 {'}i y 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved, b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. 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. It will grant the Secretary the right to disapprove the use of the sponsor's ernployees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance, a, 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: g. rtm f=tiro*'. 5pnn5o,,e4s5ura, ces (4/2025) (age 4Ofv 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 pilots 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. it will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation, It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21, Compatible Land Use. It wilt 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 the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft, In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a, It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to: 1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c, Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities, d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport, e. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. g• It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. In thee event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not Ai1x r; Sponsor Assurances 14/2O251 raga It of 19 conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24, Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection, No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph; 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a mariner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. 47107. 26. 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 projects, 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; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement 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 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. 27. Use by Government Aircraft. it will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that: a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. Page 13 of 19 28. Land for Federal Facilities. It will furnish without cast 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 as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary, 29, Airport Layout Plan. a. The airport owner or operator will maintain a current 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; 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; 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. b. Subject to subsection 49 U.S,C. 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect, The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration-- 1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or 2, complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities 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 riot 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 its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, 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. Pap 14 CA 19 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4); creed and sex per 49 U.S.C. 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant, Using the definitions of activity, facility, and program as found and defined in 49 CFR 21.23(b) and 21.23(e), 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, 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 Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The ([Selection Criteria: Sponsor NarrmeU, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4) and the Regulations,, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of A5SWances.00O?.l Page 15 of L3 race, color, national origin (including in consideration for an award," d English proficiency), creed, sex , age, or disability 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 Department of Transportation (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. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations, 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 (including limited English proficiency), creed, sex, age, or disability 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, project, 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, project, or program, f. It wilt 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. 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, 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes„ including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: �t. Reinvestment in an approved noise compatibility project; Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e); Page 16 of 19 Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue_ b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2, Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e); Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5, Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989, d, Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services, If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub -contract for program management, construction App aR Spoaaos Asa uganc eg (4/70253 Pgk17na 1a management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction, 34. Policies, Standards, and Specifications. It will carry out 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 prolects as of [Selection Criteria: Project Application Date]. 35. Relocation and Real Property Acquisition. a. 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. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24, c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24, 36. 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. 37. 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 19 6 U,S.C, §§ 3801.3809, 3812). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six-month period prior to the applicable due date. 4(1. Access to Leaded Aviation Gasoline a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self -fueling with 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston -engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S,C. § 46301(a)(8), Sponso, Asnir flc (4 p,3ge LU al 1.9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND ) STATE OF CALIFORNIA; STATE OF ) ILLINOIS; STATE OF NEW JERSEY; ) STATE OF RHODE ISLAND; STATE ) OF MARYLAND; STATE OF ) COLORADO; STATE OF ) CONNECTICUT; STATE OF ) DELAWARE; STATE OF HAWAII; ) STATE OF MAINE; ) COMMONWEALTH OF ) MASSACHUSETTS; PEOPLE OF ) THE STATE OF MICHIGAN;; STATE ) OF MINNESOTA; STATE OF ) NEVADA; STATE OF NEW MEXICO; ) STATE OF NEW YORK,; STATE OF ) OREGON; STATE OF VERMONT; ) STATE OF WASHINGTON; and ) STATE OF WISCONSIN, ) Plaintiffs, ) ) v. ) ) UNITED STATES DEPARTMENT OF ) TRANSPORTATION; SEAN DUFh'Y, ) in his official capacity as Secretary of ) Transportation, ) Defendants. ) C.A. No. 25-cu-208-JJM-PAS PRELIMINARY INJUNCTION Before the Court is twenty States' Motion for a Preliminary Injunction in a case filed against Defendants United States. Department of Transportation ("U.S. DOT") and Secretary Sean Duffy ("collectively- Defendants") after Defendants adopted an Immigration Enforcement Condition ("IEC") on federal transportation grants that requires State recipients of those funds to cooperate with federal officials in the enforcement of federal immigration law. i ECF No. 41 (as amended by ECF No. 49). Essentially, U.S. DOT is now requiring future grant applicants to agree to adhere to the IEC when they sign the grant application. Because some applicants face a June 20, 2025, deadline to apply for certain grants whose applications include the IEC, the Court issues this timely short Order.`' Defendants initially raise two jurisdictional arguments. First, Defendants contend that some of the States' claims may be subject to statutory provisions that confer exclusive jurisdiction on federal appellate courts to hear challenges to, for example., orders issued by the Federal Aviation Administration. The statutes cited specify that federal appellate courts have exclusive jurisdiction only for a narrow set of challenges to an "order" issued "undera' the specific statutes listed. These jurisdictional statutes do not apply here because the U.S.. DOT is not exercising its authority "under'' the specific statutes listed in these jurisdictional provisions. Rather, it is the .Duffy Directive issued by the U.S. DOT that the States challenge, and thus jurisdiction proper in the district court. Loan Syndications & Trading Assn v. S.E.C., 818 F.dd 716, 722 (D.C. Cir. 2016). a Secretary Duffy issued the "Duffy Directive" in April 2025, requiring transportation grant recipients to "cooperate with Federal officials in the enforcement of Federal Law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in and the enforcement of Federal immigration law." ECF No. 1-2 at. 2. The U.S. DOT has added the IEC to general terms and. conditions governing all federal funding administered by several subagencies within U.S. DOT as well as to the terms and conditions for specific federal grants. It has demanded that state officials execute grant agreements with the IEC language. 2 The Court relies on the facts alleged in the States' Complaint but, considering the brief time frame, does not restate them here. 2 Second, Defendants cite the Tucker Act in arguing that this case should be heard in the Court of Claims. This Court, and many others, has ruled on this issue; and found that the States' challenges to the grant conditions are not claims sounding in contract, The States bring claims under the Administrative Procedures Act ("A.PA") and theUnited States Constitution, seeking equitable relief to enjoin Defendants' actions in conditioning transportation funding on cooperation with the implementing of irnrnigration enforcement, not specific performance of any grant agreements. This relief "`is not a claim for money damages,' precluded under the APA—even though it is a claim that would require the payment of money by the federal government." Bowen v. Massachusetts, 487 U.S. 879, 894 (1988) (quoting Maryland Dep't, of Human Res. v., Dep't of Health and Human Servs,, 763 F.2d 1441, 1446 (1985)). Accordingly, because the States' challenges are based on statutory and constitutional violations and the relief they seek is equitable, the essence of their claims are not contractual, so they are not subject, to the exclusive jurisdiction of the Court of Claims under the Tucker Act. See Groulev Gov't Servs., Inc. v. GenServs. Admin., 38 F.4th 1099, 1106-08 (D.C. Cir. 2022). The Court will now move on to the merits of the States' preliminary injunction motion. "To secure a preliminary injunction, a plaintiff must show '(1) a substantial likelihood of success on the merits, (2) a significant risk of irreparable harm if the injunction is withheld, (3) a favorable balance of hardships, and (4) a fit (or lack of friction) between the injunction and the public interest."' NuVrasive, Inc. v. Day, 954 F.3d 439, 443 (1st Cir. 2020) (quoting Nieves -Marquez v. .Puerto Rico, 353 F.3d 108, 120 (1st Cir. 2003)). In evaluating whether plaintiffs have met the most important requirement of likelihood of success on the merits, a court must keep in mind that the merits need not be "conclusively deterrnine[d];" instead, at this stage, decisions "are to be understood as statements of probable outcomes only." Akebia Therapeutics, .Inc. v. Azar, 976 F.3d 86, 93 (1st Cir. 2020) (partially quoting Narragansett Indian Tribe v. Gt ilbert, 934 F,2d 4, 6 (lst Cir. 1991)). The Court now turns to the four factors. Likelihood of Success on the Merits We begin with what courts have called a key factor —a consideration of the movant's likelihood of success on the merits. "To demonstrate likelihood of success on the merits, plaintiffs must. show `snore than mere possibility' of success —rather, they must establish a `strong likelihood' that they will ultimately prevail." Sindicato Puertorriqueno de Trabajadores, SEIULoc. 1996 s; Fortuna, 699 F.3d 1, 10 (1st Cir. 2012) (per curia.rn) (quoting Respect Maine PAC v.McKee, 622 F.3d 13, 1 (1st Cir. 2010)). The States' claims are as followst In Count 1, the States allege that the Executive's actions here are ultra vires because the U.S. DOT lacks any statutory authority to impose the IEC as a requirement for federal funding that was specifically appropriated for transportation because Congress has not granted the U.S. DOT any power to conscript the State government into federal immigration enforcement efforts. In Count 1I, the States allege a violation of the Spending Clause of the U.S. Constitution, (U.S. Const. art. I, 4 § 8, cl. 1),3 because the IEC imposes conditions on federal funds that overstep Congress's spending authorit nperissil ly vague, ambiguous, and retroactively imposed, is a condition wholly unrelated to the purposes of the transportation, funding and is coercive. In Cot iIII, the States allege that the Defendants' actions violate the APA because they exceed their statutory authority by issuing the DuffyDirective and including the .IEC aw •equirernent of federal transportation funding. In. Count IV, the States allege that the Defendants' actions violate the APA because the policy of imposing the IEC as a requirement for U.S. DOT funding is arbitrary and cap ious in multiple respects. In Count V, the States allege that the Duffy Directive and IEC violate constitutional provisions and principles, including the Spending Clause, in violation of the A.PA. The Court has determined based on the record before it at this time, that the States are likely to succeed on the merits of some or all their claims. Defendants' conduct violates the APA hecause they acted outside of their statutory authority when they issued the Duffy Directive and imposed the IEC categorically across all U.S. DOT grants when Congress appropriated those funds for transportation purposes, not irnmigration. enforcement purposes. See City of Providence v. Barr, 954 F.3d 31 (1st Cir. 2020). Congress did not authorize or grant authority to the Secretary of 3 "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall. be uniform throughout the United States; ..." 5 Transportation to impose immigration enforcement conditions on federal dollars specifically appropriated for transportation purposes. The IEC, backed b the Duffy Directive, is arbitrary and capricious in its scope and lacks specificity in how the States are to cooperate on iin-mg:ration enforcement in exchange for Congressionally appropriated transportation dollars —grant money that the States rely on to keep their residents safely and efficiently on the road, in the sky, and on the rails. These conditions violate the Spending Clause as well; the IEC is not at all reasonably related to the transportation funding program grants whose statutorily articulated purposes are for the maintenance and safety of roads, highways, bridges, and development of other transportation projects. The Government does not cite to any plausible connection between cooperating with ICE enforcement and the congressionally approved purposes of the Department of Transportation. Under the Defendants' position, the Executive would be allowed. to place any conditions it chose on congressionally appropriated funds, even when it would be entirely unrelated to the Department's purpose. Such is not how the three equal branches of government are allowed to operate under our Constitution. The Court finds that the record now before it confirm s that the States' claims are likely to succeed because the Defendants' actions here violate the Constitution and statutes of the United States. Having found that the States met this key element, the Court now moves on to the remaining three injunction factors. 6 Irreparable Harm "District courts have broad discretion to evaluate the irreparability of alleged harm and to make determinations regarding the propriety of injunctive relief." II — Mart Corp. v. Oriental Plaza, Inc., 875 F.2d 907, 915 (1st Cir. 1989) (quoting Wagner v. Taylor, 836 F.2d 566, 575-76 (D.C. Cir. 1987)). There are "relevant guideposts" to guide that discretion —"the plaintiffs showing must possess some substance" and "the predicted harm and the likelihood of success on the merits must be juxtaposed and weighed in tandem." Ross -Simons of Warwick, Inc. v. Baccarat. Inc., 102 F.3d 1.2, 19 (1st Cir. 1996) (citations omitted). The Court finds that the States have demonstrated they will face irreparable and continuing harm if forced to agree to Defendants' unlawful and unconstitutional immigration conditions imposed. in order to receive federal transportation grant funds. See ECF No, 49 at 47-52. The States face losing billions of dollars in federal funding, are being put in a position of relinquishing their sovereign right to decide how to use their own police officers, are at risk of losing the trust built between local law enforcement and immigrant communities, and will have to scale back, reconsider, or cancel ongoing transportation projects." Id: 4 To try to avoid an injunction, Defendantsargue that there is no irreparable harm if the Court were to interpret the Duffy Directive as simply requiring the States to follow federal law, which they should be able to easily do. The problem with that solution is that it would require this Court to interpret the Duffy Directive in a way that both ignores its plain meaning and its obviously broad intention to coerce the States into cooperating with federal immigration enforcement. 7 Balance of the Equities and Public Interest The final two preliminary injunction factors balance of the equities and public interest —"merge when the Government is the opposing party." Nken c. Holder, 556 U.S. 418, 435 (2009). When weighing these factors, the Court "must balance the competing claims of injury and must consider the effect on each party of the granting or withholding of the requested relief ,.. pay[ing] particular regard for the public consequences" that would result from granting the emergency relief sought. Winter v. Nat. Res. Def' Council, Ina, 555 U.S. 7, 24 (2008) (quotation marks and citations omitted). Here, the two factors weigh strongly in favor of equitable relief. If Defendants are prevented from conditioning tran.spo tat;ion grants on an agreement to cooperate with ICE, they would merely have to consider the applicant's application and make the awards as usual. On the other hand, if the Court denies the preliminary injunction, the States will be forced to commit their state and local law enforcement (and potentially other state and local actors) to the mission of federal irnmigrat.ion enforcement or sacrifice securing billions of dollars in federal funding that Congress intended to be used for transportation purposes., The fact that the States have shown a likelihood of success on the merits strongly suggests that an injunction would serve the public interest. Moreover, the public interest further favors an injunction because absent such an order, there is a substantial risk that the States and its citizens will face a significant disruption in transportation services jeopardizing ongoing projects, ones in development for which resources have been expended, and the health and safety of transportation services that are integral to daily life. In light of the conclusions that Defendants' adoption of the 1EC is unconstitutional and/or unlawful because it (a) violates the APA; (b) is ultra vires and (c) to the extent that it relies on congressional authority, exceeds Congress's powers under the Spending Clause, the Court GRANTS the Plaintiffs " Motion for a Preliminary Injunctions (ECF No. 41 as amended by ECF No, 49) as to the States and their governmental subdivisions and ORDERS as follows. 1. Defendants are prohibited from implementing or enforcing the Immigration Enforcement Condition as set forth in the Duffy Directive. 2. Defendants are prohibited from withholding or terminating federal funding based on the Immigration Enforcement Condition as set forth in the Duffy Directive absent specific statutory authorization. . Defendants are prohibited from taking adverse action against any state entity or local jurisdiction, including barring it from receiving or making it ineligible for federal funding, based on the Immigration Enforcement Condition, absent specific statutory authorization.. 4. The Court forbids and enjoins any attempt to implement the Immigration Enforcement Condition, and any actions by the Defendants to implement or enforce the Immigration Enforcement Conditi This Order binds Defendants' officers, agents, employees, attorneys, and other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B). Fed,. R. Civ. P. 65(d)(2). 9 The Court retains jurisdiction to monitor Defendants' compliance with this Preliminary Injunction Order. The Court will not require that the States post a bond in accordance with. Federal Rule of Civil Procedure 65(c). Additionally, because the Court found that the States are likely to succeed on the merits of their claims and that large-scale irreparable harm, would occur without the preliminary injunction, the Court DENIES Defendant sa request to stay this Order. See ECF No. 51 at 42-43. SO ORDERED. s/Jobn J McConnell, Jr. John J. McConnell, sir. Chief Judge United. States District Court June 19, 2025 10 Item No. 9.C. For Meeting of: May 20, 2025 ITEM TITLE:Resolution authorizing a grant application to the Federal Aviation Administration for the Terminal Modernization Baggage Claim project (Airport Fund) SUBMITTED BY:Robert Hodgman, Director of Yakima Air Terminal BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT SUMMARY EXPLANATION: This Federal Aviation Administration grant is from the Airport Terminal Program. The first step in the process is to submit the project for listing. The baggage claim project is listed in the FY2025 Airport Terminal Program Selection document for $1,000,000. The next step is to apply for the listed funding. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_YKM-ATP Grant Application faa-form-5100-100-application-for-federal-assistance_2024 faa-form-5100-129-sponsor-cert-final-project-2024_ faa-form-5100-130-sponsor-cert-drug-free-2024_ faa-form-5100-131-sponsor-cert-equip-constr-2024_ faa-form-5100-132-sponsor-cert-plans-specs-2024_ faa-form-5100-134-sponsor-cert-consultant-2024_ faa-form-5100-135-conflict-of-interest-certification-2024_ SF424-ARP-2025_11_30_ Standard_DOT_Title_VI_Assurances-2016 title-vi-pre-award-sponsor-checklist.doc 5100-145-title-vi-pre-grant-award-checklist-2024_ Assurances-airport-sponsors-2025.pdf 3-53-0089-060-2025 U.S. Department Airports Division Seattle Airports District Office: of Transportation Northwest Mountain 2200 5 216th St Federal Aviation Region Des Moines, WA 98198 Administration Oregon, Washington August 15, 2025 Ms. Victoria Baker City Manager Yakima Air Terminal -McAllister Field 129 N Second St Yakima, WA 98901 Dear Ms. Baker: The Grant Offer for the Infrastructure Investment and Jobs Act (IIJA) - Airport Terminal Program Grant (ATP) Project No. 3-53-0089-060-2025 at Yakima Air Terminal -McAllister Field Airport is attached for execution. This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully. You may not make any modification to the text, terms or conditions of the grant offer. Steps You Must Take to Enter Into Agreement. To properly enter into this agreement, you must do the following: 1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person signing the document must be the sponsor's authorized representative(s) (hereinafter "authorized representative"). 2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement. 3. Once the authorized representative has electronically signed the grant, the sponsor's attorney(s) will automatically receive an email notification. 4. On the same dv or after the authorized representative has signed the grant, the sponsor's attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement. 5. If there are co-sponsors, the authorized representative(s) and sponsor's attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than September 3, 2025. 6. The fully executed grant will then be automatically sent to all parties as an email attachment. Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. 1 3-53-0089-060-2025 Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We ex0ect you to submit payment requests for reimbursement of allowable incurred project expenses consistent + with project progress, Your grant may placed in "inactive" status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance. Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: ➢ For all grants, you must submit by December 31st of each year this grant is open: 1. A signed/dated SF-270 (Request for Advance or Reimbursement for non -construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and 2. An SF-425 (Federal Financial Report). > For non -construction projects, you must submit F Form 510010, Performance Report within 30 days of the end of the Federal fiscal year. • For construction projects, you must submit FAA Forrr 5370-1, Construction Progress ar tl; Inspection Report, within 30 days of the end of each Federal fiscal quarter. Audit Requirements. 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 $1000,000 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 ensure your organization will comply with applicable audit requirements and standards. Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. FAA Contact Information. Chelsea Branchcomb, (206) 231-4231, chelseal.brarichcomb@faa,gov is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, Ryan C. Zulauf Acting Manager, Seattle Airports District Office U.S. Department of Transportation Federal Aviation Administration FY 2025 AIRPORT TERMINAL PROGRAM GRANT GRANT AGREEMENT Part I - Offer Federal Award Offer Date August 15, 2025 3-53-0089-060-2025 Airport/Planning Area Yakima Air Terminal -McAllister Field Airport Airport Terminal Program Grant Number 3-53-0089-060-2025 (Contract Number: DOT-FA25NM-086) Unique Entity Identifier FJNNX1XFJ9K3 TO: City of Yakima, Washington (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 a Project Application dated August 01, 2025, for a grant of Federal funds for a project at or associated with the Yakima Air Trml/McAllister Field Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Yakima Air Trml/McAllister Field Airport (herein called the "Project") consisting of the following: Improve Terminal Building (46% of phase 2-construction), including baggage claim area; which is more fully described in the Project Application submitted in response to the Notice of Funding Opportunity (NOFO) published on July 5, 2024. NOW THEREFORE, Pursuant to and for the purpose of carrying out the Infrastructure Investment and Jobs Act (ILIA) (Public Law (P.L.) 117-58) of 2021; FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application; and in consideration of: (a) the Sponsor's adoption and ratification of the attached Grant Assurances dated April 2025, interpreted and applied consistent with the FAA Reauthorization Act of 2024; (b) the Sponsor's acceptance of this Offer; and (c) the 1 3-53-0089-060-2025 benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay (95) % of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS Maximum Obligation. The maximum obligation of the United States payable under this Offer is $1,000,000. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $0 for planning $1,000,000 for airport development; and, $0 for land acquisition. GrantPerformance. This Grant Agreement is subject to the following Federal award requirements. a. Period of Performance: 1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 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) except as noted in 49 U.S.0 § 47142(b). b. Budget Period: 1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph (2)(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period and as stated in 49 U.S.0 § 47142(b). All project costs must be incurred after the grant execution date unless specifically permitted under 49 U.S.C. § 47110(c). Certain airport development costs incurred before execution of the grant agreement, but after November 15, 2021, are allowable only if certain conditions under 49 U.S.C. § 47110(c) are met. 2. 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 2 CFR § 200.308. c. Close Out and Termination: 3-53-0089-060-2025 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). The FAA may terminate this agreement and all of its obligations under this agreement if any of the following occurs: (a) (1) The Sponsor fails to obtain or provide any Sponsor grant contribution as required by the agreement; (2) A completion date for the Project or a component of the Project is listed in the agreement and the Recipient fails to meet that milestone by six months after the date listed in the agreement; (3) The Sponsor fails to comply with the terms and conditions of this agreement, including a material failure to comply with the Project Schedule even if it is beyond the reasonable control of the Sponsor; (4) Circumstances cause changes to the Project that the FAA determines are inconsistent with the FAA's basis for selecting the Project to receive a grant; or (5) The FAA determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section, the FAA may elect to consider only the interests of the FAA. (c) The Sponsor may request that the FAA terminate the agreement under this section. 3. lnelllble or Unallowable Costs. In accordance with P.L. 117-58, Division J, Title VIII 49 U.S.C. § 49 U.S.C. § 47110, the Sponsor is prohibited from including any costs in the grant funded portions of the project that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out airport development implementing policies and initiatives repealed by Executive Order 14148, provided such costs are not otherwise permitted by statute. 4. indirect Cots.. Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"), and any superseding legislation. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 3-53-0089-060-2025 6. Completing the Protect Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, IIJA (P.L. 117-58), and the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement. 7. 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. 8 Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 3, 2025, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds and Mandatory Disclosure. a. 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 for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly comply with the mandatory disclosure requirements as established under 2 CFR § 200.113, including reporting requirements related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200. 10. United States Not liable far Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. 11. System for Award Management (SAM) Registration and Unique Entity Identifier (lbEI. a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www. nippy). 4 3-53-0089-060-2025 b. Unique entity identifier (UEI) means a 12-character alpha -numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at 4ttPs:/ sam.govicon e tlea tity-registration. 12. Electronic Grant iayrnentjs. Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of IBA Projects. . If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can, subject to the availability of Federal funds, also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of Condition No. 1, Maximum Obligation. The FAA can also issue an informal letter amendment that modifies the grant description 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. 14. Environmental Standards. The Sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement. 15. Financial Reporting and PaymentfteQairements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buy American. Unless otherwise approved in advance by the FAA, 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 project for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 17. Build America, Buy Brian. The Sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 117-58). 18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects, if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available: 3-53-0089-060-2025 1. 15 percent; or 2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land. If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in IIJA (P.L. 117-58), or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment. 19. Audits for Sponsors. PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program -specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at htt//harvester.censs.gov/faceb. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $1,000,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements. 20. 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 Responsibility/Qualification records in the Federal Awardee Performance and Integrity Information System (FAPIIS) 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 they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions with their contractors and sub -contractors. c Immediately disclose in writing to the FAA whenever (1) the Sponsor learns it has entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity. 21. Bar ;on 'exttn 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: 6 3-53-0089-060-2025 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 a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: i. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and ii. 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 subgrants, contracts, and subcontracts funded with this Grant. 22. Tre'eking in Persons. 1. Posting of contact information. a. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms. 2. Provisions applicable to a recipient that is a private entity. a. Under this Grant, the recipient, its employees, subrecipients under this Grant, and subrecipients employees must not engage in: i. Severe forms of trafficking in persons; ii. The procurement of commercial sex act during the period of time that the grant or cooperative agreement is in effect; iii. The use of forced labor in the performance of this grant; or any subaward; or iv. Acts that directly support or advance trafficking in person, including the following acts; a) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; b) Failing to provide return transportation of pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless: 1. Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant; or 2. The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or witness in a human trafficking enforcement action; c) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; 7 3-53-0089-060-2025 d) Charging recruited employees a placement or recruitment fee; or e) Providing or arranging housing that fails to meet the host country's housing and safety standards. b. The FAA, may unilaterally terminate this Grant, or take any remedial actions authorized by 22 U.S.0 § 7104b(c), without penalty, if any private entity under this Grant; i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant; ii. Has an employee that is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that is either: a) Associated with performance under this Grant; or b) Imputed to the recipient or subrecipient using the standards and due process for imputing 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. Provision applicable to a recipient other than a private entity. a. The FAA may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.0 7104b(c), without penalty, if subrecipient than is a private entity under this award; i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant or ii. Has an employee that is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that is either: a) Associated with performance under this Grant; or b) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR Part 1200. 4. Provisions applicable to any recipient. a. The recipient must inform the FAA and the DOT Inspector General, immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (2)(a) of this Grant. b. The FAA's right to unilaterally terminate this Grant as described in paragraph (2)(b) or (3)(a) of this Grant, implements the requirements of 22 U.S.C. § chapter 78 and is addition to all other remedies for noncompliance that are available to the FAA under this Grant; c. The recipient must include the requirements of paragraph (2)(a) of this Grant award term in any subaward it makes to a private entity. d. If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b). Definitions. For purposes of this Grant award, term: a. "Employee" means either: 8 3-53-0089-060-2025 i. An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this Grant; or ii. Another person engaged in the performance of the project or program under this Grant and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or requirements. b. "Private entity" means: i. Any entity, including for profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1. ii. The terms "severe forms of trafficking in persons," "commercial sex act," "sex trafficking," "Abuse or threatened abuse of law or legal process," "coercion," "debt bondage," and "involuntary servitude" have the meaning given at section 103 of the TVPA, as amended (22 U.S.C. §7102). 23. ILIA Funded Work Included in a PFC plication. Within 120 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment. 24. Exhibit "A" Property aye. The Exhibit "A" Property Map dated May 2021, is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement. 25. Employee protection frorn Reprisal. In accordance with 2 CFR § 200.217 and 41 U.S.C. § 4712, an employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The grantee, subgrantee, contractor, recipient, or subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. § 4712. See statutory requirements for whistleblower protections at 10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304, and 10 U.S.C. § 4310. 26. Prohibited Telecommunications and Video Surveillance Services and Equipment The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)] and 2 CFR § 200.216. 27. Critical infrastructure Security and Resilience. The Sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in their project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary 3-53-0089-060-2025 adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports. 28. Title VI of the it Rights Act As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any amendments or updates thereto. This may include, as applicable, providing a current Title VI Program Plan to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre -Grant Award Checklist is required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, genetic information, in consideration for federal financial assistance. The Department's and FAA's Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law. 29. FAA Reauthorization Act of 2024. This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register April 2025. On May 16, 2024, the FAA Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require the FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that the FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, the FAA shall interpret and apply these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply. The full text of the FAA Reauthorization Act of 2024 is at: htt s.//www,congress. v biii/11 th-con ress/hour - ili/393 /text 30. Applicable Federal % Anti -Discrimination Laws. Pursuant to Section (3)(b)(iv), Executive Order 14173, Ending Illegal Discrimination and Restoring Merit -Based Opportunity, the sponsor: a. Agrees that its compliance in all respects with all applicable Federal anti -discrimination laws is material to the government's payment decisions for purposes of 31 U.S.C. 3729(b)(4); and b. certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti -discrimination laws. 31. Federal Law and Public Policy Requirements. The Sponsor shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and the Sponsor will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and 10 3-53-0089-060-2025 not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in and the enforcement of Federal immigration law. 32. National Airspace System Requirements a. The Sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System, including waiving permitting requirements and other restrictions affecting those activities to the maximum extent possible, and assisting the FAA in securing waivers of permitting or other restrictions from other authorities. The Sponsor shall not take actions that frustrate or prevent the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System. b. If the FAA determines that the Sponsor has violated subsection (a), the FAA may impose a remedy, including: i. additional conditions on the award; ii. consistent with 49 U.S.0 chapter 471, any remedy permitted under 2 C.F.R. 200.339— 200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to the USDOT; suspension or termination of the award; or suspension and debarment under 2 CFR part 180; or iii. any other remedy legally available. c. In imposing a remedy under this condition, the FAA may elect to consider the interests of only the FAA. The Sponsor acknowledges that amounts that the FAA requires the Sponsor to refund to the FAA due to a remedy under this condition constitute a debt to the Federal Government that the FAA may collect under 2 CFR 200.346 and the Federal Claims Collection Standards (31 CFR parts 900-904). d. 33. inage Costs for Construction Projects. - The airport grant recipient hereby agrees that it will require the prime contractor of a Federally- assisted airport improvement project to post signs consistent with a DOT/FAA-prescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs posted in response to requests received prior to February 1, 2025. 34. Title 8 - U. C. Chapter 12, Subchapter 11-1nrr igration: The sponsor will follow applicable federal laws pertaining to Subchapter 12, and be subject to the penalties set forth in U.S.C. § 1324, Bringing in and harboring certain aliens, and 8 U.S.C. § 1327, Aiding or assisting certain aliens to enter. 11 3-53-0089-060-2025 SPECIAL CONDITIONS 35. Duffy Plalrrtff Special Term. Pursuant to the court's preliminary injunction order in State of California v. Duffy, 1:25-cv-00208-JJM-PAS (D.R.I.) (June 19, 2025), DOT will not impose or enforce the challenged immigration enforcement condition* or any materially similar terms and conditions, to any grant funds awarded, directly or indirectly, to Plaintiff States or local government entities within those States (collectively referred to as "Plaintiff State Entities"), or otherwise rescind, withhold, terminate, or take other adverse action, absent specific statutory authority, based on the challenged immigration enforcement condition while DOT is subject to an injunction. DOT will not require Plaintiff State Entities to make any certification or other representation related to compliance the challenged immigration enforcement condition nor will DOT construe acceptance of funding from DOT as certification as to the challenged immigration enforcement condition. *The challenged immigration enforcement condition: "[T]he Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law." 36. Usable Unit' of Development pment The FAA and the Sponsor agree this Grant only funds a portion of the overall project. The FAA makes no commitment of funding beyond what is provided herein. In accepting this award, the Sponsor understands and agrees that the work described in this Grant Agreement must be incorporated into a safe, useful, and usable unit of development completed within a reasonable timeframe [49 USC § 47106(a)(4)]. This safe, useful, usable unit of development must be completed regardless of whether the Sponsor receives any additional federal funding. 37. Buv American an x utive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers. 12 3-53-0089-060-2025 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement 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 (Signature) Ryan C. Zulauf Ryan C. Zulauf Acting Manager Acting Manager, Seattle Airports District Office 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 13 3-53-0089-060-2025 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application. 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.' Dated BY: Title: City of Yakima (Signature o rme of Sponsor sAut1t "zed Official) (Typed Name of Sponsors Authorized Official) of Sponsors Au 2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 14 I, 3-53-0089-060-2025 CERTIFICATE OF SPONSOR'S ATTORNEY , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117-58) of 2021; and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. 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 at By: (Signature of Sponsor's Attorney) 3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 15 ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. 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. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement. B. Duration and Applicability. 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 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. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. Airport Sponsors Assurances Page 1 of 19 C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements The Sponsor 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 Grant. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub -recipients. The applicable provisions to this agreement include, but are not limited to, the following: FEDERAL LEGISLATION a. 49 U.S.C. subtitle VII, as amended. b. Davis -Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.' c. Federal Fair Labor Standards Act — 29 U.S.C. § 201, et seq. d. Hatch Act — 5 U.S.C. § 1501, et seq.' e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq.1' 2 f. National Historic Preservation Act of 1966 — Section 106 — 54 U.S.C. § 306108.' g. Archeological and Historic Preservation Act of 1974 — 54 U.S.C. § 312501, et seq.' h. Native Americans Grave Repatriation Act — 25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended — 42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended —16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 — Section 102(a) - 42 U.S.C. § 4012a.' I. 49 U.S.C. § 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.) (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). 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, as amended — 42 U.S.C. § 4151, et seq.' s. Powerplant and Industrial Fuel Use Act of 1978— Section 403 —42 U.S.C. § 8373.' t. Contract Work Hours and Safety Standards Act —40 U.S.C. § 3701, et seq.' u. Copeland Anti -kickback Act —18 U.S.C. § 874.' v. National Environmental Policy Act of 1969 —42 U.S.C. § 4321, et seq.' Airport Sponsors Assurances Page 2 of 19 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended —16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 — 31 U.S.C. § 7501, et seq.' y. Drug -Free Workplace Act of 1988 — 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII. cc. Build America, Buy America Act, P.L. 117-58, Title IX. dd. Endangered Species Act —16 U.S.C. 1531, et seq. ee. Title IX of the Education Amendments of 1972, as amended — 20 U.S.C. 1681-1683 and 1685- 1687. ff. Drug Abuse Office and Treatment Act of 1972, as amended — 21 U.S.C. 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended —42 U.S.C. § 4541, et seq. hh. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions — 31 U.S.C. § 1352. EXECUTIVE ORDERS a. Executive Order 11990 — Protection of Wetlands b. Executive Order 11988 — Floodplain Management c. Executive Order 12372 — Intergovernmental Review of Federal Programs d. Executive Order 12699 — Seismic Safety of Federal and Federally Assisted New Building Construction' e. Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's Workers f. Executive Order 14149 — Restoring Freedom of Speech and Ending Federal Censorship g• Executive Order 14151— Ending Radical and Wasteful Government DEI Programs and Preferencing h. Executive Order 14154 — Unleashing American Energy i. Executive Order 14168 — Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government Executive Order 14173 — Ending Illegal Discrimination and Restoring Merit -Based Opportunity FEDERAL REGULATIONS a. 2 CFR Part 180 — OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 and 1201— Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3'4'5 c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment. Airport Sponsors Assurances d. 14 CFR Part 13 — Investigative and Enforcement Procedures. e. 14 CFR Part 16 — Rules of Practice for Federally -Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 —Airport Noise Compatibility Planning. g. 28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1— Procedures for Predetermination of Wage Rates.' j• 29 CFR Part 3 — Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.' k. 29 CFR Part 5 — Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction 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 m. 49 CFR Part 20 — New Restrictions on Lobbying. n. 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. o. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -Assisted Programs.", 2 q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. r. 49 CFR Part 27 — Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.' s 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 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. u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial Assistance). v. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 — Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41— Seismic Safety. FOOTNOTES TO ASSURANCE (CJ(1) 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. Airport Sponsor rances i Page 4 of 19 3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 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. 1. 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 project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 2. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control. 3. Good Title. a. 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. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 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 Airport Sponsors Assurances Pag with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. Subject to 49 U.S.C. 47107(a)(16) and (x), 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 Grant Agreement 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 Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 5. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 6. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 7. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 8. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 9. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 10. Pavement Preventive Maintenance -Management. With respect to a project approved after January 1, 1995, 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. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 11. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 12. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. 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. Airport Sponsors Assurances Page 7 of 14 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 project 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. 13. 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 under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), 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. 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 49 U.S.C. 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 15. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary and incorporated into this Grant Agreement. 16. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 17. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. Airport Sponsors Assurances Page 8 of 19 b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 18. 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 pilots 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. Airport Sponsors Assurances Page 9 of 19 19. 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. 20. 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 the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 21. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to: 1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. Airport Sponsors Assurances Pag f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 22. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: , a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 23. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. Airport Sponsors Assurances Page 11 of 19 24. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30,1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. 47107. 25. 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 projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and Airport Sponsors Assurances Page 12 of 19 other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement 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 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. 26. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that: a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 27. 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 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. 28. Airport Layout Plan. a. The airport owner or operator will maintain a current 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; Airport Sponsors Assurances Page 13 of 19 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. b. Subject to subsection 49 U.S.C. 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect. c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration- 1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or 2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities 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 its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, 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. 29. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4); creed and sex per 49 U.S.C. 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and 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 49 CFR 21.23(b) and 21.23(e), 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 Airport Sponsors Assurances Page 14 of 19 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, 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 Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (City of Yakima), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex , age, or disability 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 Department of Transportation (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 (including limited English proficiency), creed, sex, age, or AirportSponsors Assurances Page 15 of 19 disability 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, project, 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, project, or program. 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. 30. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: Airport Sponsors Assuranc 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 31. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 32. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 33. 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 (https://www.fa4„govisitesifaa,govifilesfaio-pfc-checklist pd) for AIP projects as of August 01, 2025. 34. Relocation and Real Property Acquisition. a. 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. Airport Sponsors Assurances Page 17 of 19 b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. 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. 35. 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. 36. 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 1986 (31 U.S.C. §§ 3801-3809, 3812). 37. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 38. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. Airport Sponsors Assurances Page 18 of 19 b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six-month period prior to the applicable due date. 39.Access to Leaded Aviation Gasoline a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self -fueling with 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston -engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8). Airport Sponsors Assurances Page 19 of19 YKM- M G-3-53-0089-000-2025-Grant Agreement Interim Agreement Report 2025-08-21 Created: 2025-08-15 By: Kevin Luey (9-AWA-ARP-Soar-CoreGroup@faa.gov) Status: Out for Signature Transaction ID: CBJCHBCAABAADzbigO9Jvyid9V3IhRghQB6I3Jm5EPI2 Agreement History Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature. A final audit report will be generated when the agreement is complete. "YKM-NMG-3-53-0089-060-2025-Grant Agreement" History in Document created by Kevin Luey (9-AWA-ARP-Soar-CoreGroup@faa.gov) 2025-08-15 - 2:52:03 PM GMT- IP address: 155.178.180.12 E. Document emailed to ryan.c.zulauf@faa.gov for signature 2025-08-15 - 2:58:34 PM GMT n Email viewed by ryan.c.zulauf@faa.gov 2025-08-15 - 7:56:47 PM GMT- IP address: 104.47.64.254 4,Signer ryan.c.zulauf@faa.gov entered name at signing as Ryan C. Zulauf 2025-08-15 - 7:58:00 PM GMT- IP address: 136.226.26.201 AI Document e-signed by Ryan C. Zulauf (ryan.c.zulauf@faa.gov) Signature Date: 2025-08-15 - 7:58:02 PM GMT - Time Source: server- IP address: 136.226.26.201 '-, Document emailed to Vicki Baker (vicki.baker@yakimawa.gov) for signature 2025-08-15 - 7:58:06 PM GMT n Email viewed by Vicki Baker (vicki.baker@yakimawa.gov) 2025-08-15 - 8:45:46 PM GMT- IP address: 104.47.64.254 n Email viewed by Vicki Baker (vicki.baker@yakimawa.gov) 2025-08-18 - 4:54:27 AM GMT- IP address: 104.28.116.88 n Email viewed by Vicki Baker (vicki.baker@yakimawa.gov) 2025-08-21 - 4:54:32 PM GMT- IP address: 205.172.45.253 Powered by Adobe Acrobat Sign Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 1 of 49 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Honorable Barbara J. Rothstein UNITED STATES DISTRICT COURT WESMTERN DISTRICT OF WASHINGTON AT SEATTLE MARTIN LUTHER KING, JR. COUNTY; PIERCE COUNTY; SNOHOMISH COUNTY; CITY AND COUNTY OF SAN FRANCISCO; COUNTY OF SANTA CLARA; CITY OF BOSTON; CITY OF COLUMBUS; and CITY OF NEW YORK, Plaintiffs, VS. SCOTT TURNER in his official capacity as Secretary of the U.S. Department of Housing and Urban Development; the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; SEAN DUFFY in his official capacity as Secretary of the U.S. Department of Transportation; the U.S. DEPARTMENT OF TRANSPORTATION; MATTHEW WELBES in his official capacity as acting Director of the Federal Transit Administration; and the FEDERAL TRANSIT ADMINISTRATION, Defendants. ORDER GRANTING PLAINTIFFS MOTIONS FOR PRELIMINARY INJUNCTION NO. 2:25-cv-814 ER GRANTING PLAINTIFFS' FIRST AND SECOND MOTIONS FOR PRELIMINARY INJUNCTION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 2 of 49 I. INTRODUCTION Plaintiffs King County, New York City, Denver, and 28 other counties, cities, and local housing and transportation agencies bring this action to challenge the Trump administration's imposition of what Plaintiffs claim are unlawful and politically motivated funding conditions on an estimated $4 billion in critical federal grants. Plaintiffs contend that these funding conditions seek to compel compliance with the administration's political agenda, including mandates to prohibit "promotion" of "gender ideology" and "elective abortions," and to verify that "any Federal public benefit" will not be provided to any "ineligible alien." Plaintiffs claim that these funding conditions are unrelated to the underlying grants, which were conditionally awarded earlier this year by Defendants U.S. Department of Housing and Urban Development ("HUD") and the U.S. Department of Transportation ("DOT"), including through DOT agencies, the Federal Transit Administration ("FTA"), Federal Highway Administration ("FHWA"), Federal Aviation Administration ("FAA"), and Federal Railroad Administration ("FRA"),I These grants 'Plaintiffs are Martin Luther King, Jr. County, Washington ("King County"), Pierce County, Washington ("Pierce County"), Snohomish County, Washington ("Snohomish County"), City and County of San Francisco, California ("San Francisco"), County of Santa Clara, California ("Santa Clara"), City of Columbus, Ohio ("Columbus"), City of Boston, Massachusetts ("Boston"), City of New York, New York ("NYC"), City and County of Denver, Colorado ("Denver"), the Metropolitan government of Nashville and Davidson County, Tennessee ("Nashville"), Pima County, Arizona ("Pima County"), County of Sonoma, California ("Sonoma"), City of Bend, Oregon ("Bend"), City of Cambridge, Massachusetts ("Cambridge"), City of Chicago, Illinois ("Chicago"), City of Culver City, California, ("Culver City"), City of Minneapolis, Minnesota ("Minneapolis"), City of Pittsburgh, Pennsylvania ("Pittsburgh"), City of Portland, Oregon ("Portland"), City of San Jose, California ("San Jose"), City of Santa Monica, California ("Santa Monica"), City of Pasadena, California ("Pasadena"), City of Tucson, Arizona ("Tucson"), City of Wilsonville, Oregon ("Wilsonville"), Central Puget Sound Regional Transit Authority located in King, Pierce, and Snohomish Counties, Washington ("CPSRTA"), Intercity Transit located in Thurston County, Washington ("Intercity Transit"), Port of Seattle, Washington ("Port of Seattle"), King County Regional Homelessness Authority located in King County, Washington ("King County RHA"), Santa Monica Housing Authority, California ("Santa Monica HA"), San Francisco County Transportation Authority, located in the City and County of San Francisco, California ("SFCTA"), and Treasure Island Mobility Management Agency located in Treasure Island and Yerba Buena Island, California ("TIMM") (collectively "Plaintiffs"). Dkt. No. 71 ("Amend. Comp.") .111 8-38. Defendants are HUD, DOT, Scott Turner in his official capacity as Secretary of HUD, Sean Duffy in his official capacity as Secretary of DOT, FTA, Tariq Bokhari as the acting Director of FTA, FHWA, Gloria M. Shepard as the ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 3 of 49 support vital programs in urban centers across the country, including homelessness prevention, housing assistance, and transportation infrastructure, that Congress has long recognized as essential through its appropriations. Plaintiffs assert that these new funding conditions are unconstitutional, exceed statutory authority, and violate the Administrative Procedure Act. Currently before the Court are Plaintiffs' First and Second Motions for Preliminary Injunction, both of which Defendants oppose. Having reviewed the briefs and exhibits filed in support of and in opposition to the motions, the record of the case, and the relevant legal authority, and having heard the argument of counsel, the Court will grant the motions. The reasoning for the Court's decision follows. 1 0 II. PROCEDURAL HISTORY 11 This lawsuit began on May 2, 2025, when eight cities and counties across the United 12 States sued HUD, DOT, FTA, and their respective administrators, challenging their imposition of 13 new funding conditions on grants the cities and counties had been conditionally awarded for fiscal 14 year 2024. Dkt. No. 1 ("Compl.").2 Three days later, on May 5, 2025, seven of the cities and 15 counties filed a motion for a temporary restraining order ("TRO") in which they sought to enjoin 16 HUD, DOT, and FTA from imposing the new funding conditions on the grants .3 Dkt. No. 5 17 ("TRO Mot."). After briefing and a hearing on May 7, 2025, this Court granted the motion and 18 temporarily enjoined HUD, DOT, and FTA from: (1) imposing or enforcing the new funding 19 conditions on the grants, (2) rescinding or cancelling the grant agreements (or otherwise impeding 20 21 acting Director of FHWA, FAA, Chris Rocheleau as acting Administrator of FAA, FRA, and Drew Feeley as acting Administrator of FRA (collectively "Defendants"). 2 The original eight plaintiffs were: King County, Pierce County, Snohomish County, San Francisco, Santa Clara, 22 Boston, Columbus, and NYC. Dkt. No. 1. 3 Columbus did not join the motion. 23 ORDER GRANTING PLAINTIFFS' 24 MOTIONS FOR PRELIMINARY INJUNCTION 25 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 4 of 49 or withholding the funds) based on the new funding conditions, and (3) requiring Plaintiffs to make certifications or other representations related to compliance with the new funding conditions. Dkt. No. 52 ("TRO Order"). At the conclusion of the hearing on the TRO motion, the seven cities and counties stated their intent to move for a preliminary injunction on the same issues subject to the TRO, which was set to expire fourteen days later. Dkt. No. 53. This Court ordered briefing and on May 21, 2025, held a hearing on the motion for a preliminary injunction. Id; Dkt. No. 73. At the conclusion of that hearing, the Court determined that good cause existed to extend the TRO by another fourteen days, to June 4, 2025, and indicated that it would issue a written decision on the motion for preliminary injunction by that date. Dkt. No. 73. Thereafter, also on May 21, 2025, Plaintiffs filed an amended complaint adding twenty-one cities, counties, and local housing and transit agencies as plaintiffs, as well as FHWA, FAA, FRA, and their respective administrators, as defendants. Dkt. No. 71 ("Amend. Compl."). Plaintiffs Cambridge, KCRHA, Nashville, Pasadena, Pima County, San Jose, Santa Monica HA, and Tucson join in the original plaintiffs' challenge to the imposition of the new funding conditions on HUD grants that they were conditionally awarded for fiscal year 2024. Dkt. No. 72, Ex. 2, n. 1. Plaintiffs Bend, Boston, Chicago, Columbus, Culver City, Denver, Intercity, Minneapolis, Nashville, NYC, Pierce County, Pima County, Pittsburgh, Port of Seattle, Portland, San Francisco, San Jose, Santa Clara, Santa Monica, Snohomish County, Sonoma County, CPSRTA, SFCTA, TIMMA, Tucson, and Wilsonville join in the original plaintiffs' challenge to the imposition of the new funding conditions on DOT grants that they were conditionally awarded for fiscal year 2024. Id The Amended Complaint was accompanied by Plaintiffs' Second Motion for a Temporary ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 5 of 49 Restraining Order and Preliminary Injunction. Dkt. No. 72 ("Pls. Sec. Mot."). In this motion, Plaintiffs Columbus, Intercity, Minneapolis, NYC, Port of Seattle, and Tucson sought a TRO against DOT enjoining it from imposing the new funding conditions on their conditionally awarded grants. Pls. Sec. Mot, Ex. 1, n. 1. And Plaintiffs Cambridge and Pasadena sought a TRO against HUD enjoining it from imposing the new funding conditions on their conditionally awarded grants. Id. Defendants acknowledged that they "oppose the New Plaintiffs' TRO and preliminary injunction motion for the same reasons they opposed the first." Dkt. No. 151 ("Defs. Opp. to Pls. Sec. Mot.") at 4. After reviewing the second motion for a TRO and Defendants' opposition thereto, this Court determined that the motion raised questions of law and fact that are materially identical to those raised in the first motion for a TRO, and granted the second TRO on the same terms as the first TRO. See Dkt. No. 152 ("Sec. TRO Order") at 2-4. Now before the Court are Plaintiffs' first and second motions for a preliminary injunction, in which collectively all Plaintiffs join. III. FACTUAL BACKGROUND A. Overview of Federal Grants As stated above, this lawsuit concerns the allocation of grants from two federal agencies: HUD and DOT, and several DOT operating administrations: FTA, FHWA, FAA, and FRA.4 Plaintiffs allege that in January 2025, they were each awarded grants from these agencies for the fiscal year 2024, but beginning in March and April 2025, Defendants began to impose new funding conditions on the grants. Plaintiffs claim that these conditions exceed Congressional Congress and DOT refer to DOT divisions —including FTA, FHWA, FAA, and FRA—as "operating administrations." 49 U.S.C. § 102; 49 C.F.R. § 1.2. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 6 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 authorization and violate the United States Constitution and the Administrative Procedure Act. With this lawsuit, Plaintiffs seek a declaration that the new funding conditions are unlawful and an injunction enjoining Defendants from imposing the conditions, or substantially similar conditions, on the grants, and/or from withholding the grants based on those conditions. To that end, it is helpful to have a basic understanding of the federal grant process. Each year, Congress exercises its constitutional authority to appropriate taxpayer resources to federal agencies through annual appropriation bills. These bills specify the amount of money allocated to each agency, and for what purposes, for that fiscal year.' While the process for awarding grant funds varies by program, generally the federal agencies issue notices of funding opportunity ("NOFO") that announce the availability of funding, outline the requirements for the grant programs, and reflect the specific goals and priorities of the funding programs.6 State and local governments, nonprofits, and other entities apply to receive grant funds and the agencies review the applications to assess the eligibility both of the applicant and the proposed use of the funds to ensure the proposed project is in compliance with the program's statutory and regulatory requirements.7 The agencies then issue notices of award to those applicants whose proposals are approved and conditionally funded.8 Once the grant recipient successfully meets the requirements for the grant, a grant or cooperative agreement is issued, and the funds are released. The grant or 5 The Appropriations Committee: Authority, Process, and Impact, Appropriations Chairman Tom Cole, https://appropriations.house.gov/about/appropriations-comm ittee-authority-process-and-impact (last visited May 9, 2025). 6 The Grant Lifecycle, Grants.gov, https://www.grants. gov/learn-grants/grants- 1 0 1 /the-grant-li fecycle (last visited May 9, 2025). Natalie Paris, Understanding Federal Agency Grant Disbursement, Payment Processes, and "Freezes", Congressional Research Service (Feb. 21, 2025), haps://www.congress.gov/crs-product/IF12924. Award Phase, Grants.gov, https://www .grants.gov/I earn-grants/grants- 101 /award -phase. html#N0A (last visited ay 9, 2025). 0 DER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 E.5i Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 7 of 49 cooperative agreement sets forth the terms and conditions attached to the award, which generally include the amount offunding approved, a description and scope of the project, an approved budget, and financial and performance reporting requirements.9 If the grant recipient signs the agreement or withdraws grant funds, it becomes legally obligated to carry out the terms and conditions of the agreement.'° B. The HUD Grants Congress enacted the McKinney-Vento Homeless Assistance Act (the "Homeless Assistance Act") to "meet the critically urgent needs of the homeless of the Nation" by providing "funds for programs to assist the homeless, with special emphasis on elderly persons, handicapped persons, families with children, Native Americans, and veterans." 42 U.S.C. § 11301(b)(2)—(3). Through the Act, Congress provides federal funding for a number of programs, including the Continuum of Care Program ("CoC Program"). The CoC Program is designed "to assist individuals (including unaccompanied youth) and families experiencing homelessness" by providing services "to help such individuals move into transitional and permanent housing, with the goal of long-term stability." It does this by providing funding to states, local governments, Indian Tribes, and nonprofit entities for a variety of programs, including shelters and supportive housing, rental assistance, childcare, job training, healthcare, mental health services, and life skills training. Id. §§ 11360(29), 11381, 11383. Paris, supra note 7. Award Phase, supra note 8. II Continuum of Care (CoC) Program Eligibility Requirements, HUD Exchange, https://www.hudexchange.info/programs/coc/coc-program-eligibility-requirements/ (last visited May 9, 2025). ORDER G • • NTING PLAINTIFFS' MOTIONS FOR PRELIMIN • Y INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 8 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HUD is the federal agency responsible for administering the CoC Program. Most recently, Congress appropriated funds for the CoC Program in the 2024 Consolidated Appropriations Act ("the Appropriations Act") and in January 2024, HUD posted a NOFO announcing CoC funding for fiscal years 2024 and 2025.12 Plaintiffs King County, Pierce County, Snohomish County, San Francisco, Santa Clara, Boston, Columbus, NYC, Nashville, Pima County, Cambridge, Pasadena, San Jose, Tucson, King County RHA, and Santa Monica HA (collectively, "the CoC Plaintiffs") each timely submitted applications in response to the NOFO and on January 17, 2025, HUD conditionally awarded the CoC Plaintiffs hundreds of millions of dollars in CoC grants for fiscal year 2024. Relying on these awards, CoC Plaintiffs have already committed, and in some cases expended, millions of dollars for homeless assistance services. C. The DOT Grants Congress established DOT in 1966 "to assure the coordinated, effective administration of the transportation programs of the Federal Government" and has established by statute a wide variety of grant programs that provide federal funds to state and local governments for public transit services. Department of Transportation Act, Pub. L. No. 89-670, 80 Stat. 931 (1966). In administering these grant programs, DOT often acts through its operating administrations, including the FTA, FHWA, FAA, and FRA. 12 FY2024 and FY 2025 Continuum of Care Competition and renewal or Replacement of Youth Homeless Demonstration Program Grants FR-6800N-2025, U.S. Department of Housing and Urban Development (August 29, 2025), FY 2024 and FY 2025 Continuum of Care Competition and Renewal or Replacement of Youth Homeless Demonstration Program Grants. ORDER G * NTING PLAINTIFFS' MOTIONS FOR PREL 1 :ARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 9 of 49 1. The FTA Grant Programs FTA provides financial and technical assistance to local public transit systems nationwide.° Since at least 2021, Congress has annually appropriated funding for grants administered by FTA, including grants for: (1) the operation of public transit facilities and equipment in urban areas, (2) public transit systems that operate on fixed rights -of -way such as rail or passenger ferries, (3) replacement of rail rolling stock, and (4) the purchase and maintenance of buses and bus facilities. 49 U.S.C. §§5302(8), 5307(a)(1), 5337(b), 5339(a)(2), (b), (c). Plaintiffs King County, San Francisco, Boston, NYC, Pima County, Denver, Chicago, 9 Culver City, Portland, Santa Monica, Tucson, Wilsonville, Intercity Transit, and Sound Transit 10 operate public transit or are otherwise eligible for FTA grants and "currently rely on billions of dollars in appropriated federal funds from FTA grant programs for transit services and 12 improvements provided or undertaken for the benefit of their residents." Amend. Compl. ¶ 91. 13 14 15 l'7 18 19 20 21 23 25 2. FHWA Grant Programs FHWA supports state and local governments in the design, construction, and maintenance of the nation's highway system through financial and technical assistance.14 To that end, FHWA administers programs such as Safe Streets and Roads for All, the Federal Highway -Aid Program, the Bridge Investment Program, and the National Culvert Removal, Replacement, and Restoration Grant Program. Congress annually appropriates funds to the foregoing programs, including through the Infrastructure Investment and Jobs Act of 2021 ("the Infrastructure and Jobs Act"). 13 About FTA, Federal Transit Administration, https.//www.transit.dot.gov/about-fta (last visited May 9, 2025). 14 About FHWA, U.S. Department of Transportation Federal Highway Administration, https://highways.dot.gov/about/about- fhwa#:—:text=Who°/020We%20Are,technologically%20sound%20in%20the/020world (last visited May 29, 2025). ER GRANTING PLAINTIFFS' OTIONS FOR PRELIMIN Y INJUNCTION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 10 of 49 Plaintiffs King County, Pierce County, San Francisco, Santa Clara, Snohomish County, Boston, Columbus, NYC, Denver, Nashville, Pima County, Chicago, Minneapolis, Portland, Pittsburgh, San Jose, Santa Monica, Sound Transit, Tucson, SFCTA, and TIMMA receive and rely on FHWA grants worth hundreds of millions of dollars in appropriated funds. 3. FAA Grant Programs The FAA's primary purpose is to regulate civil aviation and to maintain and operate air traffic control and navigation systems.I5 Congress has established by statute a variety of grant programs administered by DOT, acting through the FAA, that provide federal funds to public agencies for planning and development of airports. These programs include the Airport Improvement Program and the Airport Infrastructure Grants Program, which are funded by Congress through statutes such as the Infrastructure and Jobs Act, the FAA Reauthorization Acts of 2018 and 2024, and most recently, the Consolidated Appropriations Act of 2024. Plaintiffs King County, Pierce County, Snohomish County, San Francisco, Denver, Pima County, Sonoma County, Bend, Chicago, San Jose, and Port of Seattle currently have hundreds of millions of dollars in appropriated federal funds from FAA grant programs for airport development and infrastructure projects. 4. FRA Grant Programs The mission of FRA is to enable the safe, reliable, and efficient movement of people and goods via railways across the United States.16 FRA provides federal funds to public agencies for 15 Federal Aviation Administration, Federal Register, Impaltaawav federal re stem aavia enciesifederal-aa la t ion- administrat ion10 a amat-The11420aussion8/0200P0020thr°4200A „ancl',3'020the%20 ationa 1%20Airspaceve2OSA stern (last visited May 29, 2025). 16 FRA 101: Getting to Knaw FRA, U.S. Department of Transportation Federal Railroad Administration (Aug. 2021), iut Milroadmd00 ovisitealfra.800 mvitlIesf 202 1 - 12/202 10824-F RA101, df: ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 10 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 11 of 49 10 11 12 13 rail infrastructure projects such as the Railroad Crossing Elimination Grant Program that provides funds to improve the safety and mobility of people and goods at railway crossings. Funding for the program was provided through the Infrastructure and Jobs Act. Plaintiffs allege that Bend, Minneapolis, Portland, Sound Transit, and San Jose currently have millions of dollars in appropriated federal funds from FRA grant programs for rail infrastructure projects. 5. The DOT SMART Grant Program The Strengthening Mobility and Revolutionizing Transportation ("SMART") grant program was established by Congress through the Infrastructure and Jobs Act to provide grants "to eligible public sector agencies for projects focused on advanced smart community technologies and systems in order to improve transportation efficiency and safety." Id. ¶ 116. It is administered by DOT. Plaintiffs allege that Boston, Chicago, Minneapolis, Nashville, and Intercity Transit are slated to receive millions of dollars in appropriated funds for the SMART grant program. 14 D. New Funding Conditions in the HUD and DOT Grant Agreements 15 Plaintiffs claim that HUD and DOT are imposing unlawful funding conditions on the 16 CoC and DOT grants —conditions that were not included in the relevant NOFOs or authorized by 17 statute or regulation. Rather, Plaintiffs argue, the new funding conditions seek "to coerce grant 18 recipients that rely on federal funds into implementing President Trump's policy agenda, and 19 direct them to adopt his legal positions, contrary to settled law. Amend. Compl. ¶ 4. Plaintiffs 20 challenge Defendants' imposition of new funding conditions on the grants, arguing that the 21 conditions are unconstitutional, violate the Administrative Procedure Act, and exceed statutory 22 23 ORDER GRANTING PLAINTIFFS' 24 MOTIONS FOR PRELIMINARY INJUNCTION 25 -11 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 12 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 authority. It is understood that without acceptance of these conditions, the grants will not be funded. 1. The New HUD Funding Conditions Plaintiffs allege that beginning in March and April 2025, HUD presented the CoC Plaintiffs with grant agreements (collectively, "the CoC Grant Agreements") that contained new funding conditions that were not included in the relevant NOFO, and not authorized by the Homeless Assistance Act, the Appropriations Act, or HUD regulations. Specifically, Plaintiffs object to the following six conditions in the CoC Grant Agreements: A. The recipient "shall not use grant funds to promote 'gender ideology,' as defined in E.O. 14168 Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government"; B. The recipient "agrees that its compliance in all respects with all applicable Federal anti -discrimination laws is material to the U.S. Government's payment decisions for purposes of [the False Claims Act, 31 U.S.C. § 3729(b)(4)]"; C. The recipient "certifies that it does not operate any programs that violate any applicable Federal anti -discrimination laws, including Title VI of the Civil Rights Act of 1964"; D. The recipient "shall not use any Grant Funds to fund or promote elective abortions, as required by E.O. 14182, Enforcing the Hyde Amendment"; E. "No state or unit of general local government that receives funding under this grant may use that funding in a manner that by design or effect facilitates the subsidization or promotion of illegal immigration or abets policies that seek to shield illegal aliens from deportation"; and F. "Subject to the exceptions provided by [the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("PRWORA")], the recipient must use SAVE, or an equivalent verification system approved by the Federal government, to prevent any Federal public benefit from being provided to an ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States." ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 12 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 13 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Did. No. 11 ("McSpadden Decl."), Ex. A at 3. In addition, the CoC Grant Agreements also state that the Agreements, the recipients' use of funds provided under the Agreements, and the recipients' operation of projects with grant funds are "governed by" "all current Executive Orders." Id. at 1, 115. 2. The New DOT Funding Conditions Plaintiffs claim that DOT and its operating administrations have also attached unlawful funding conditions to the DOT grants by amending the grants' general terms and agreements, master grant agreements, and/or assurance requirements. For instance, Plaintiffs allege that DOT inserted the following funding conditions in the FTA Master Agreement that governs all FTA grants: A. "Pursuant to section (3)(b)(iv)(A), Executive Order 14173, Ending Illegal Discrimination and Restoring Merit -Based Opportunity, the Recipient agrees that its compliance in all respects with all applicable Federal anti -discrimination laws is material to the government's payment decisions for purposes of [the False Claims Act, 31 U.S.C. § 3729(b)(4)]"; B. "Pursuant to section (3)(b)(iv)(B), Executive Order 14173, Ending Illegal Discrimination and Restoring Merit -Based Opportunity, by entering into this Agreement, Recipient certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti -discrimination laws"; and C. "[T]he Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law." Amend. Compl.” 164, 172. In addition, the April 25, 2025 FTA Master Agreement requires that the recipient comply with all applicable federal laws, regulations, and requirements and defines "federal requirements" to include "executive order." Id. ¶J 168, 170. Plaintiffs allege that the ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 - 13 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 14 of 49 foregoing new funding conditions are included in materially identical form in the FHWA, FAA, and FRA grant requirements, as well as the DOT SMART grant program. They charge that the new funding conditions were not included in the relevant NOFOs, were not authorized by the relevant statutes, and are inconsistent with the relevant regulations. E. Plaintiffs Allege Irreparable Harm 6 Plaintiffs allege that "[t]he grant conditions that Defendants seek to impose leave [them] with the Hobson's choice of accepting illegal conditions that are without authority [and] contrary to the Constitution . . . or forgoing the benefit of grant funds . . . that are necessary for crucial local services." Id ¶ 235. Plaintiffs claim that loss of the CoC Program grants would result in a 10 loss of hundreds of millions of dollars in funding for housing and other services meant to meet 11 the basic needs of the CoC Plaintiffs' homeless residents, including access to housing, 12 healthcare, and counseling, which would have a devasting impact on their residents and 13 communities. Likewise, Plaintiffs allege that the DOT grants represent billions of dollars in 14 funding for critical services and projects for the DOT Plaintiffs' residents, including transit 15 improvement and safety initiatives, critical railway and airport infrastructure, transportation 16 modernization, and improved air quality. Plaintiffs assert that the loss of these projects would 17 irreparably harm DOT Plaintiffs' residents and communities. 18 19 20 21 22 23 24 TV. DISCUSSION A. The APA Sovereign Immunity Waiver Applies to Plaintiffs' Claims and this Court Has Jurisdiction pursuant to 28 U.S.C. § 1331 "[A plaintiff] may sue the United States only if Congress has waived sovereign immunity for the lawsuit, and may bring its claim in federal district court only if Congress has provided for jurisdiction there." North Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir. 1993) (en ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 - 14 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 15 of 49 6 10 11 12 13 14 15 16 1'1 18 19 2(1 21 22 23 24 bane) (per curiam). Thus, as a threshold matter, this Court must determine whether Congress has waived sovereign immunity for Plaintiffs' claims and whether this Court has subject -matter jurisdiction to address them. For the reasons set forth below, this Court concludes that the answer to both questions is yes. 1. The Sovereign Immunity Waiver under the APA It is a bedrock principal of our legal system that the federal government —including its federal agencies —has sovereign immunity and may not be sued absent a clear and express waiver by statute. See United Aeronautical Corporation v. United States Air Force, 80 F.4th 1017, 1022 (9th Cir. 2023); see also United States v. Mitchell, 463 U.S. 206, 212 (1983) ("It is axiomatic that the United States may not be sued without its consent and that existence of such consent is a prerequisite for jurisdiction."). The Administrative Procedure Act ("APA"), 5 U.S.C. § 551 et seq., is one example of such waiver —the statute expressly waives federal sovereign Immunity so that a plaintiff "adversely affected" by a "final agency action" may obtain "judicial review thereof" Id § 702; see also Cmty Legal Servs. in E. Palo Alto v. U.S. Dep't of Heath & Hum. Servs., No. 25-2802, 2025 WL 1393876, at *2 (9th Cir. May 14, 2025) (quoting Abbott Lab 'ys v. Gardner, 387 U.S. 136, 140-41 (1967) (The APA "embodies [a] basic presumption of judicial review to one 'suffering legal wrong because of agency action.")). However, the APA's sovereign immunity waiver is not without limits. Relevant to this motion are two such limitations. First, the waiver does not apply if the relief sought by the plaintiff is expressly or impliedly forbidden by another statute. Tucson Airport Auth. v. Gen. Dynamics Corp., 136 F.3d 641, 645 (9th Cir. 1998); see also Cmty Legal Servs. in E. Palo Alto, 2025 WL 1393876, at *2 ("The APA generally waives sovereign immunity and permits a ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 16 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 challenge to agency action unless 'any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.") (quoting 5 U.S.C. § 702). Second, the waiver does not apply if an agency action is "committed to agency discretion by law." Jajati v. US. Customs & Border Prot., 102 F.4th 1011, 1014 (9th Cir. 2024) (quoting 5 U.S.C. § 701(a)(2)). In addition, the APA is not a jurisdiction -conferring statute in that it does not directly grant subject matter jurisdiction to the federal courts. See Califano v. Sanders, 430 U.S. 99, 105 (1977). Instead, federal courts exercise jurisdiction over APA claims pursuant to 28 U.S.C. § 1331, which grants courts jurisdiction to hear cases arising under federal law. See South Delta Water Agency v. United States, 767 F.2d 531, 539 (9th Cir. 1985) ("[T]he Supreme Court has interpreted section 1331 as conferring jurisdiction on federal courts to review agency action 'subject only to preclusion -of -review statutes created or retained by Congress. . . .'") (quoting Califano, 430 U.S. at 105)). 2. The Parties' Jurisdictional Arguments According to Plaintiffs, their claims fall squarely within the APA's sovereign immunity waiver because they seek injunctive and declaratory relief against HUD and DOT actions that have adversely affected them, and that this Court has jurisdiction under 28 U.S.C. § 1331. Defendants counter that Plaintiffs' claims fall outside the APA's waiver and this Court's jurisdiction for two reasons. First, they argue that the relief Plaintiffs request is impliedly forbidden by the Tucker Act, 28 U.S.C. § 1491, which grants the Court of Federal Claims exclusive jurisdiction over contract claims against the federal government. § 1491(a). Second, Defendants contend that HUD's and DOT's decision to impose the new funding conditions on ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 - 16 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 17 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the grants is not subject to this Court's review because the action is "committed to agency discretion by law." 5 U.S.C. § 701(a)(2). 3. The Tucker Act Does Not Impliedly Forbid the Relief Sought by Plaintiffs Defendants argue that Plaintiffs' claims, while pled under the APA, are actually breach - of -contract claims against the United States and, therefore, must be brought in the Court of Federal Claims. In other words, Defendants' jurisdictional argument hinges on their successfully recharacterizing Plaintiffs' allegations as contract claims rather than APA challenges to agency action. See Cmty Legal Servs. in E. Palo Alto, 2025 WL 1393876, at *2 ("[T]he Tucker Act . . . 'impliedly forbid[s]' an APA action seeking injunctive and declaratory relief only if that action is a 'disguised' breach -of -contract claim.") (quoting United Aeronautical Corp., 80 F.4th at 1026). a. Plaintiffs' APA Claims Are Not "Disguised" Breach -of - Contract Claims To resolve whether Plaintiffs' APA claims are "disguised" breach -of -contract claims that must be brought in the Court of Federal Claims, this Court must determine: (1) "the source of the rights" upon which Plaintiffs base their claims, and (2) "the type of relief' Plaintiffs seek. United Aeronautical Corp., 80 F.4th at 1026 (quoting Megapulse, Inc. v. Lewis, 672 F.2d 959, 967 (D.C. Cir. 1982) ("The classification of a particular action as one which is or is not 'at its essence' a contract action depends on both the source of the rights upon which plaintiff bases its claims, and upon the type of relief sought (or appropriate)."). "If the rights and remedies are statutorily or constitutionally based," this Court has jurisdiction; "if the rights and remedies are contractually based," the Court of Federal Claims has jurisdiction. Id. (emphasis in original). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 17 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 18 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) The Source of Rights on which Plaintiffs' Base Their Claims In examining the source of the rights upon which a plaintiff bases its claims, courts consider, among other things: (1) whether the "asserted rights and the government's purported authority arise from statute," (2) whether the "rights exist . .. apart from rights created under [a] contract," and (3) whether the plaintiff seeks to enforce a duty on the government that was created by a contract "to which the government is a party. Crowley Gov't Servs., Inc. v. Gen. Servs. Admin., 38 F.4th 1099, 1107 (D.C. Cir. 2022). Courts have explicitly rejected the notion "that any case requiring some reference to ... a contract is necessarily on the contract and therefore directly within the Tucker Act" because to do so would "deny a court jurisdiction to consider a claim that is validly based on grounds other than a contractual relationship with the government." Id. (quoting Megapulse, 672 F.2d at 967-68) (recognizing that "[c]ontract issues may arise in various types of cases where the action itself is not founded on a contract"). "[T]he mere fact that a court may have to rule on a contract issue does not, by triggering some mystical metamorphosis, automatically transform an action . . . into one on the contract and deprive the court of jurisdiction it might otherwise have." Megapulse, 672 F.2d at 968; see also Transohio Say. Bank v. Director, Office of Thrift Supervision, 967 F.2d 598, 609 (D.C. Cir. 1992), rev 'd on other grounds, Perry Capital LLC v. Mnuchin, 864 F.3d 591 (D.C. Cir. 2017) ("The answer . .. depends not simply on whether a case involves contract issues, but on whether, despite the presence of a contract, plaintiffs' claims are founded only on a contract, or whether they stem from a statute or the Constitution."). Defendants argue that the purpose of Plaintiffs' lawsuit is to force the government to release the CoC and DOT grant funds to them, and the sources of Plaintiffs' rights to those funds ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 18 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 19 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are the CoC and DOT Grant Agreements. According to Defendants, "[t]hat means the source of Plaintiffs' rights are [sic] contractual, and this Court lacks subject -matter jurisdiction." Dkt. No. 55 ("Defs.' Opp.") at 15. Defendants misconstrue the nature of Plaintiffs' lawsuit. Contrary to what Defendants argue, Plaintiffs are not seeking an order from this Court directing payment of the grant funds to them. Instead, the relief Plaintiffs seek is an order from this Court declaring that the new funding conditions are unlawful and enjoining Defendants from imposing them in the Grant Agreements. Specifically, Plaintiffs seek: (1) a declaration that the new funding conditions Defendants imposed in the Grant Agreements "are unconstitutional, are not authorized by statute, violate the APA, and are otherwise unlawful" and (2) an injunction "enjoining [Defendants] from "imposing or enforcing [the new funding conditions] or any materially similar terms or conditions to any [CoC or DOT] funds received by or awarded to, directly or indirectly, [Plaintiffs]." Amend Compl. at VI. A—D. Plaintiffs contend that the funding conditions are unlawful because they are not included in the relevant NOFOs, are unauthorized by the statutes that created the relevant programs, are inconsistent with the appropriations statutes that fund the programs, and do not comply with the regulations that HUD and DOT promulgated to implement the programs. See generally Amend. Compl. Resolution of Plaintiffs' claims will require this Court to conduct an in-depth analysis of the foregoing statutes and regulations to determine whether Defendants acted reasonably and in compliance with Plaintiffs' statutory and constitutional rights; resolution of Plaintiffs' claims will not require an analysis of the respective Grant Agreements. Thus, the source of Plaintiffs' rights resides in statutes and the Constitution, not in any contractual provisions in the Grant Agreements. See Cmty Legal Servs. in E. Palo Alto, 2025 WL 1393876, at *2 ("[P]laintiffs seek to enforce ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 19 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 20 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 compliance with statutes and regulations, not any government contract.. . . Seeking to ensure compliance with statutory and regulatory commands is a matter beyond the scope of the Tucker Act's exclusive jurisdiction."); Widakuswara v. Lake, No. 25-5144, 2025 WL 1288817, at *10 (D.C. Cir. May 3, 2025) (Pillard dissenting) ("What matters is what the court must examine to resolve the case: If a plaintiffs claim depends on interpretation of statutes and regulations rather than the terms of an agreement negotiated by the parties, the claim is not in essence contractual."); Crowley, 38 F.4th at 1109-10 (claim was statutory, not contractual, when it "require[d] primarily an examination of statutes"); Climate United Fund v. Citibank, N.A., No. 25-cv-698, 2025 WL 842360, at *6 (D.D.C. March 18, 2025) ("Plaintiffs do not challenge a contract between the parties —they challenge an action . . . Plaintiffs' 'claims arise under a federal grant program and turn on the interpretation of statutes and regulations rather than on the interpretation of an agreement negotiated by the parties.") (quoting Md. Dep't of Hum. Res. v. Dep't of Health & Hum. Servs., 763 F.2d 1441, 1449 (D.C. Cir. 1985)). (ii) The Type of Relief Sought by Plaintiffs Next, this Court must consider the nature of the relief sought by Plaintiffs in this lawsuit. United Aeronautical Corp., 80 F.4th at 1026. If the relief sought is "akin to the traditional remedies available for breach of contract (damages or specific performance)", the Tucker Act applies, and Plaintiffs' claims belong in the Court of Federal Claims. Id.; Crowley, 398 F.4th at 1107 ("The crux of this inquiry .. . boils down to whether the plaintiff effectively seeks to attain money damages in the suit."). If, however, the relief sought is not for money damages, then Plaintiffs' claims do not belong in the Court of Federal Claims, which is a specialized forum to resolve "actions based on government contracts," Megapulse, 672 F.2d at 967, for "naked money ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 20 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 21 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 judgment[s] against the United States." Bowen v. Massachusetts, 487 U.S. 879, 905 (1988). As discussed above, Plaintiffs seek injunctive and declaratory relief only, they do not seek money damages based on a breach of contract claim. Indeed, the Amended Complaint expressly seeks no monetary relief. This, alone, is sufficient to render the Tucker Act inapplicable. See Bowen, 487 U.S. at 893 ("[I]nsofar as the complaints sought declaratory and injunctive relief, they were certainly not actions for money damages."). Nevertheless, Defendants argue that if this Court grants the equitable relief Plaintiffs request, it will ultimately result in the federal government having to disburse the grant funds, so Plaintiffs' request is really one for money damages. Defendants' argument is foreclosed by Bowen, 487 U.S. at 893. In Bowen v. Massachusetts, the Supreme Court was asked to address the scope of the APA's sovereign immunity waiver where the Commonwealth of Massachusetts challenged a final order of the Secretary of Health and Human Services ("the Secretary") refusing to reimburse Massachusetts through the Medicaid program for services related to care for the mentally disabled. Id at 882. Massachusetts filed a complaint in district court alleging jurisdiction pursuant to 28 U.S.C. § 1331 and waiver of sovereign immunity under the APA. Id The Secretary argued that Massachusetts could not bring its claim under the APA because it was seeking "money damages"—i.e., reimbursement for the Medicaid services —and, as such, the federal district court did not have jurisdiction. The Supreme Court disagreed, concluding that the district court did have jurisdiction because the relief sought by Massachusetts did not constitute "money damages" within the meaning of the APA. Id. at 893. In reaching this decision, the Supreme Court noted that "[t]he fact that a judicial remedy may require one party to pay money to another is not a sufficient ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 -21 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 22 of 49 reason to characterize the relief as 'money damages'. Id. In other words, the Supreme Court held that even though the relief Massachusetts requested —reversal of the Secretary's decision to deny reimbursement —would obligate the United States to pay Massachusetts, this did not mean that Massachusetts' claim was for 'money damages' as that term is used in the law." Id. at 883. The Supreme Court distinguished between compensatory damages, which 'are given to the plaintiff to substitute for a suffered loss' and specific remedies, which 'are not substitute remedies at all, but attempt to give the plaintiff the very thing to which he was entitled." Id. at 895 (quoting Md. Dep't of Hum. Res., 763 F.2d at 1446 (quoting D. Dobbs, Handbook on the Law of Remedies 135 (1973)) (emphasis in original)). With this distinction in mind, the Supreme Court concluded that Massachusetts' action to enforce the requirement that the government 'shall pay' certain amounts for appropriate Medicaid services, is not a suit seeking money in compensation for the damage sustained by the failure of the Federal Government to pay as mandated; rather, it is a suit seeking to enforce the statute mandate itself, which happens to be one for the payment of money." Id. at 900 (emphasis in original). Thus, the Supreme Court determined that Massachusetts' claim was one for specific relief, not money damages; as such, the district court had jurisdiction over the claim.17 The United States Court of Appeals for the Federal Circuit ("Federal Circuit") faced a similar jurisdictional issue in Katz v. Cisneros, 16 F.3d 1204 (Fed Cir. 1994). The plaintiff in that case was a low-income housing developer who entered into a housing assistance payments 17 The Supreme Court also noted that the legislative history of the 1976 amendment to the APA (the amendment that added the sovereign immunity waiver) made it clear that Congress intended to authorize APA review of federal grant-in-aid programs, and this is "surely strong affirmative evidence" that Congress "did not regard judicial review of an agency's disallowance decision as an action for damages." Id at 898. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 22 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 23 of 49 4 10 contract as part of the Section 8 Moderate Rehabilitation Program of the United States Housing Act of 1937. The Section 8 Program is administered by HUD through Public Housing Agencies ("PHAs") with whom HUD contracts to carry out the program at the local level. The Katz plaintiff had entered into a contract with a local PHA to develop a low-income housing project for an agreed -upon amount of rent payable to the plaintiff. The agreed -upon rent was calculated in accordance with HUD regulations based on the plaintiff's cost of acquiring, owning, managing, and maintaining the project. However, after the plaintiff completed the project, HUD determined that the contract rent rate was too high, ordered that the rent be lowered, and further ordered that the plaintiff return all overpayments. The plaintiff filed suit in federal district court, alleging claims for declaratory and injunctive relief, as well as breach of contract, among other 11 claims, and asserting that the district court had jurisdiction under 28 U.S.C. § 1331 and the APA 12 sovereign immunity waiver. HUD challenged the district court's jurisdiction, arguing that the 13 14 15 16 17 18 19 20 21 22 23 25 lawsuit was "contractual and that money damages [were] the appropriate relief." Id. at 1207. The district court agreed with HUD and transferred the case to the Court of Federal Claims. The plaintiff appealed and the Federal Circuit reversed and remanded the case back to the district court. In reaching its decision, the Federal Circuit held that "Bowen v. Massachusetts . . . compels the conclusion that the relief sought by [the plaintiff] is not money damages, but a declaratory judgment and other equitable relief." Id. at 1208. The Federal Circuit saw no distinction between the kind of relief sought by Massachusetts in Bowen and that sought by the plaintiff in the case before it: Like Massachusetts, [plaintiff] seeks payments to which it alleges it is entitled pursuant to federal statute and regulations; it does not seek money as compensation for a loss suffered. It wants to compel HUD to perform the calculation of contract rents in accordance with [HUD regulations]. That a payment of money may flow ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 23 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 24 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from a decision that I -IUD erroneously interpreted or applied its regulation does not change the nature of the case. Id. The Federal Circuit reached the same conclusion in National Center for Mfg. Sciences v. United States, 114 F.3d 196 (Fed. Cir. 1997) in which the National Center for Manufacturing Sciences ("NCMS") filed suit against the United States Air Force in federal district court seeking an order directing the Air Force to release funds appropriated by Congress pursuant to an agreement between NCMS and the Air Force. The district court had determined that NCMS's claim was a contract claim against the government and ordered that the case be transferred to the Court of Federal Claims. NCMS appealed the transfer and the Federal Circuit determined that the district court had jurisdiction, stating: Nile distinction drawn by the Supreme Court in Bowen v. Massachusetts and by this court in Katz v. Cisneros between "money damages" (as that term is used in 5 U.S.C. § 702) and other forms of monetary relief makes it clear that NCMS's demand for the release of the remaining funds referred to in the Appropriations Act is not a demand for "money damages" within the meaning of the exception to the APA's waiver of sovereign immunity. Like the grant-in-aid applicants referred to in Bowen v. Massachusetts, NCMS is seeking funds to which it claims it is entitled under a statute; it is not seeking money in compensation for losses that it has suffered or will suffer as a result of the withholding of those funds. Thus, the message of Bowen v. Massachusetts and Katz v. Cisneros, as applied to this case, is that sovereign immunity does not bar the district court from conducting APA review of the Air Force's refusal to release funds appropriated under the Appropriations Act. Id. at 200. The message of Bowen, Katz, and NCMS is crystal clear —the term "money damages" for purposes of the APA's sovereign immunity waiver refers to "a sum of money used as compensatory relief' that is "given to the plaintiff to substitute for a suffered loss." Bowen, 487 U.S. at 895 (quoting Md. Dep't of Hum. Res., 763 F.2d at 1446 (emphasis in original). This ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 24 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 25 of 49 contrasts with "specific remedies," which "are not substitute remedies at all, but attempt to give the plaintiff the very thing to which he is entitled." Id. Applying this message to the instant case, is beyond dispute that Plaintiffs are not seeking monetary damages to compensate them for losses they have suffered or will suffer because Defendants have inserted the challenged funding conditions in the Grant Agreements. Instead, they are seeking a specific remedy: the right to enter into the Grant Agreements without the challenged funding conditions. As the Supreme Court, the Federal Circuit Court, and numerous other courts have held, the fact that the relief requested may eventually result in disbursement of the money to Plaintiffs does not change the nature of the relief sought. See, e.g., Tucson, 136 F.3d at 645 ("An action for specific performance is not an action of 'money damages' under APA § 702, even if the remedy may actually require a payment of money by the government."); Tootle v. Secretary of Navy, 446 F.3d 167,175-76 (D.C. Cir. 2006) (the fact that plaintiff may recover monetary benefits if he prevails does not render his lawsuit anything "more than a routine APA case —a challenge to the reasonableness of the governmental action on the grounds that it was arbitrary, capricious, inadequately explained, and in violation of agency regulations."); Kidwell v. Dep't of Army, Bd. for Correction of Military Records, 56 F.3d 279, 284 (D.C. Cir. 1995) ("A plaintiff does not 'in essence' seek monetary relief . . . merely because he or she hints at some interest in a monetary award from the federal government or because success on the merits may obligate the United States to pay the complainant."); Pacito v. Trump, No. 2:25-cv-255-JNW, 2025 WL 655075, at * 17 (W.D. Wash. Feb. 28, 2025) ("[W]hen a party suing the federal government `seek[s] funds to which a statute allegedly entitles it, rather than money in compensation for the losses,' such a claim is not excepted from Section 702's sovereign -immunity waiver."). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 26 of 49 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Supreme Court's recent stay order in Department of Education v. California, 145 S. Ct. 966 (2025) does not mandate a different outcome. In that case, a federal district court had issued a temporary restraining order enjoining the government from terminating education - related grants. In addition, the order required the government to pay past -due grant obligations and future obligations as they accrued. Id at 968. Given the payment requirements, the Supreme Court construed the order as effectively an order "to enforce a contractual obligation to pay money" and stayed the temporary restraining order, finding, in part, that the government was likely to succeed on its claim that the federal district court did not have jurisdiction to order the payment of money under the APA. Id The Supreme Court noted that while a district court's jurisdiction is not barred simply because "an order setting aside an agency's action may result in the disbursement of funds," the APA's immunity waiver "does not extend to orders 'to enforce a contractual obligation to pay money' along the lines of what the District Court ordered here." Id. (quoting Great -West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204, 212 (2002)). In the instant case, while it is true that a preliminary injunction may ultimately result in payment by the government to Plaintiffs, the injunction, itself, will not direct such payment. Thus, Department of Education has no application where, as here, the claims sound in statute and the Constitution, not a contract. See Cmty. Legal Servs. in E. Palo, 2025 WL 1393876, at *3 (9th Cir. May 14, 2025) (holding that Department of Education is inapplicable to claims that sound in statute rather than contract). 4. The Imposition of the New Funding Conditions on the Grants Is Not Committed to Agency Discretion by Law Next, Defendants argue that even if this Court determines that Plaintiffs' claims are not foreclosed under the Tucker Act, the claims are not reviewable because the actions at issue are ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 26 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 27 of 49 committed to the agencies' discretion by law. While "the APA establishes a basic presumption of judicial review for one suffering legal wrong because of agency action, that presumption can be rebutted by a showing that . . . the agency action is committed to agency discretion by law." Dep 't of Homeland Sec. v. Regents of the Univ. of California, 140 S. Ct. 1891, 1905 (2020) (cleaned p); 5 U.S.C. § 701(a)(2). Where that is the case, courts have no authority to review or set aside the agency's action. The Court concludes this exception to the "strong" and "basic presumption of judicial review" does not apply in this case. Agency action is committed to agency discretion only in those "rare instances where statutes are drawn in such broad terms that in a given case there is no law to apply, thereby leaving the court with no meaningful standard against which to judge the agency's exercise of discretion." ASSE Intl, Inc. v. Kerry, 803 F.3d 1059, 1068 (9th Cir. 2015); Texas v. United States, 809 F.3d 134, 168 (5th Cir. 2015), as revised (Nov. 25, 2015) (Even where "a statute grants broad discretion to an agency," courts are empowered to review the agency's actions under the APA "unless the statutory scheme, taken together with other relevant materials, provides absolutely no guidance as to how that discretion is to be exercised."). As courts have often (and recently) repeated, to "honor the [APA's] presumption of review, we have read the exception in § 701(a)(2) quite narrowly," confining it to a "rare" and "limited category" of "administrative decision[s] traditionally left to agency discretion." Regents, 140 S. Ct. at 1905 (citing Weyerhaeuser Co. v. United States Fish and Wildlife Serv., 139 S. Ct. 361, 370 (2018); Lincoln v. Vigil, 508 U.S. 182, 191 (1993)). Defendants have failed to demonstrate that the contested conditions fall within "[t]his limited category of unreviewable actions." Id. They broadly assert that an "agency's ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 27 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 28 of 49 3 4 6 7 10 11 12 13 14 15 16 17 18 19 20 21 23 24 determination of how best to condition appropriated funds to fulfill its legal mandates is classic discretionary agency action," and cite a single case, Lincoln v. Vigil, for the principle that an agency's decision to cancel a program is unreviewable, because how to allocate funds "'from a lump -sum appropriation' is an 'administrative decision traditionally regarded as committed to agency discretion.' Defs.' Opp. at 29 (citing 508 U.S. at 193). But the agency action at issue in Lincoln differs materially from the actions at issue in this case. In Lincoln, the Indian Health Service ("IHS") administered the "Indian Children's Program," funded through a "lump -sum appropriation" from Congress with instruction to "expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians" for the "relief of distress and conservation of health." Lincoln, 508 U.S. at 185 (citing 25 U.S.C. § 13). After IHS discontinued the program, plaintiffs filed suit under, inter alia, the APA. The Lincoln court determined that the lack of congressional attention to any details regarding the spending of the appropriated funds indicated that the agency receiving funds was empowered to exercise discretion in how to spend them. Id. at 193 ("[A]s the agency allocates funds from a lump -sum appropriation to meet permissible statutory objectives, [the APA] gives the courts no leave to intrude."). In fact, as Plaintiffs point out, Congress's "lump sum" appropriation did not even mention the program. See id at 190 (noting lower courts could identify "no statute or regulation even mentioning the Program"); id. at 187 ("Congress never authorized or appropriated moneys expressly for the Program."). In contrast, the moneys at issue in this case were not appropriated in an undifferentiated "lump sum." To the contrary, the grants at issue here abound with specific directives. For instance, the Homeless Assistance Act specifically authorized the CoC Program to provide ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 28 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 29 of 49 2 10 11 12 13 14 15 1 17 18 19 20 21 22 23 24 25 services to those experiencing homelessness with the goal of achieving long-term stability, and expressly sets forth directives that specify the types of programs that are eligible for funding and the criteria for selecting grant recipients. See, e.g., 42 U.S.C. § 11383(a) (eligible activities include construction of new housing units to provide transitional or permanent housing, acquisition or rehabilitation of existing structure to providing housing or supportive services, provision of rental assistance, and payment of operating costs); id § 11386(a) (selection criteria include past performance of recipients, the extent that the recipients address the needs of subpopulations, sets quantifiable performance measures, maintains implementation strategies). Likewise, the FTA grants in question here expressly and specifically allotted funds for (1) the operation of public transit facilities and equipment in urban areas, (2) public transit systems that operate on fixed rights -of -way such as rail or passenger ferries, (3) replacement of rail rolling stock, and (4) the purchase and maintenance of buses and bus facilities. 49 U.S.C. §§ 5302(8), 5307(a)(1), 5337(b), 5339(a)(2), (b), (c). And the DOT SMART program establishes a set of selection criteria that requires, among other things, that the funded projects reduce congestion and delays for commerce and the traveling public, improve safety for pedestrians, bicyclists, and the traveling public, and connect access for underserved or disadvantaged populations. Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, § 25005,135 Stat. 840-41 (2021). As discussed further below, each of these enabling statutes provides substantial guidance as to how the agencies' discretion should be exercised in implementing these programs, and for the Court to evaluate whether that discretion is being exercised in a reasonable manner. Plaintiffs' claims thus do not involve the "narrow category" of agency actions that are unreviewable under the APA. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 29 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 30 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 For the foregoing reasons, this Court concludes that the APA waives federal sovereign Immunity for Plaintiffs' claims seeking declaratory and injunctive relief against Defendants' agency action and this Court has subject -matter jurisdiction under 28 U.S.C. § 1331 to resolve the merits of Plaintiffs' claims. B. Injunctive Relief Is Warranted 1. Legal Standard A preliminary injunction is a matter of equitable discretion and is "an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief." Winter v. Nat. Res. Def Council, Inc., 555 U.S. 7, 22 (2008). "A plaintiff seeking preliminary injunctive relief must establish that [it] is likely to succeed on the merits, that [it] is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in [its] favor, and that an injunction is in the public interest." Id at 20. Alternatively, an injunction may issue where "the likelihood of success is such that serious questions going to the merits were raised and the balance of hardships tips sharply in [the plaintiff's] favor," provided that the plaintiff can also demonstrate the other two Winter factors. All. for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131-32 (9th Cir. 2011) (citation and internal quotation marks omitted). Under either standard, Plaintiffs bear the burden of making a clear showing that they are entitled to this extraordinary remedy. Earth Island Inst. v. Carlton, 626 F.3d 462, 469 (9th Cir. 2010). The most important Winter factor is likelihood of success on the merits. See Disney Enters., Inc. v. VidAngel, Inc., 869 F.3d 848, 856 (9th Cir. 2017). 2. Plaintiffs Are Likely to Succeed on the Merits of Their APA Claims The APA broadly "sets forth the procedures by which federal agencies are accountable to ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 30 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 31 of 49 the public and their actions subject to review by the courts." Regents, 140 S. Ct. at 1905 (quoting Franklin v. Massachusetts, 505 U.S. 788, 796 (1992)). Under the APA, agencies must "engage in reasoned decisionmaking," and the Court is empowered to "hold unlawful and set aside agency action18. . . found to be (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right; [or] (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right." 5 U.S.C. § 706(2). Plaintiffs challenge Defendants' actions as "contrary to constitutional right" and "in excess of statutory authority," and as arbitrary and capricious. See Amend. Comp!., Counts 5, 6, 7,1111276-303. a. Defendants' Actions Violate APA as Contrary to Constitution and in Excess of Statutory Authority (Counts 6 & 7) Separation of Powers Doctrine Under the APA, a court may set aside an agency action that is "contrary to constitutional right, power, privilege, or immunity" or "in excess of statutory jurisdiction, authority, or limitations, or short of statutory right." 5 U.S.C. § 706(2)(B), (C). Plaintiffs challenge Defendants' conditions as both contrary to the Constitution's Separation of Powers doctrine and in excess of any authority conferred by Congress. Amend. Compl., ¶¶ 291-95; 296-303. Because the Separation of Powers doctrine and the APA's "in excess of statutory authority" standard both turn on the same essential question —whether the agency acted within the bounds of its authority, either as conferred by the Constitution or delegated by Congress —the Court addresses the claims 18 For agency action to be final and thus reviewable under the APA, that action must (1) "mark the consummation of the agency's decisionmaking process," meaning not "tentative or interlocutory" and (2) "be one by which rights or obligations have been determined, or from which legal consequences will flow." Bennett v. Spear, 520 U.S. 154, 177-78 (1997) (quotations omitted). Plaintiffs assert, Defendants do not dispute, and the Court finds that under this standard, the new funding conditions at issue here are "final agency actions" for purposes of APA review. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 31 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 32 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in a single analysis. The Separation of Powers doctrine recognizes that the "United States Constitution exclusively grants the power of the purse to Congress, not the President." City & Cnty. of San Francisco v. Trump, 897 F.3d 1225, 1231 (9th Cir. 2018) (citing the Appropriations Clause, U.S. Const. art. I, § 9, cl. 7 ("No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.")). "The [Appropriations] Clause has a 'fundamental and comprehensive purpose . .. to assure that public funds will be spent according to the letter of the difficult judgments reached by Congress as to the common good and not according to the individual favor of Government agents.' United States v. McIntosh, 833 F.3d 1163, 1175 (9th Cir. 2016) (quoting Office of Pers. Mgmt. v. Richmond, 496 U.S. 414, 427-28, 2473 (1990)). In contrast, "[t]here is no provision in the Constitution that authorizes the President to enact, to amend, or to repeal statutes." Clinton v. City of New York, 524 U.S. 417, 438 (1998). "Aside from the power of veto, the President is without authority to thwart congressional will by canceling appropriations passed by Congress." San Francisco, 897 F.3d at 1231. It follows that an executive agency "literally has no power to act . . . unless and until Congress confers power upon 't." La Pub. Serv. Comm 'n v. FCC, 476 U.S. 355, 374 (1986); see California v. Trump, 379 F. Supp. 3d 928, 941 (N.D. Cal. 2019), aff'd, 963 F.3d 926 (9th Cir. 2020). When an agency is charged with administering a statute, "both [its] power to act and how [it is] to act [are] authoritatively prescribed by Congress." City of Arlington v. FCC, 569 U.S. 290, 297 (2013). "Absent congressional authorization, the Administration may not redistribute or withhold properly appropriated funds in order to effectuate its own policy goals." San Francisco, 897 F.3d at 1235. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 32 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 33 of 49 1 Against this backdrop, Plaintiffs argue that in attempting to condition disbursement of 2 funds in part on grounds not authorized by Congress, but rather on Executive Branch policy, 3 Defendants are acting in violation of the Separation of Powers principle and "in excess of 4 statutory jurisdiction, authority, or limitations, or short of statutory right." 5 U.S.C. § 706(2)(B), (C). Plaintiffs argue that neither the Homeless Assistance Act nor any other statute authorizing the grants at issue confers on Defendants the kind of authority they are attempting to assert. For the 7 reasons explained below, the Court agrees. (ii) The New HUD Funding Conditions Plaintiffs contend that the contested conditions must be set aside because there is no 10 legislation that "authorizes HUD to impose conditions on CoC grant funding related to 11 prohibiting all forms of DEI policies and initiatives, promoting aggressive and lawless 12 immigration enforcement, requiring exclusion of transgender people, or cutting off access to 13 information about lawful abortions." Amend. Compl., ¶ 300. In response, Defendants do not 14 dispute that such authorization is required, but fail to identify a statutory source conferring it. 15 Instead, they refer to several agency regulations for the proposition that Defendants "may 16 terminate their grants merely based on a change in policy priorities." Defs.' Opp. at 27 (citing 2 1 7 C.F.R. § 200.340(a)(4)). As Plaintiffs point out, however, an agency regulation cannot create 18 statutory authority; only Congress can do that. Whatever actions HUD chooses to take based on a 19 change in its policy priorities must still be rooted in a congressional delegation of authority, a 20 limitation that the cited regulation itself makes clear. See 2 C.F.R. § 200.340(a)(4) (award may be 21 terminated if it "no longer effectuates the program goals or agency priorities," but only "to the 22 extent authorized by law."). 23 ORDER GRANTING PLAINTIFFS' 24 MOTIONS FOR PRELIMINARY INJUNCTION 25 .33 6 7 10 12 13 14 15 16 17 1 19 20 21 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 34 of 49 Defendants do not and reasonably could not argue that any of the new funding conditions were explicitly authorized by the Homeless Assistance Act. That legislation does outline several conditions that grant recipients must agree to. These enumerated conditions require recipients, among other things, "to monitor and report to the Secretary the progress of the project"; "to ensure . . . that individuals and families experiencing homelessness are involved" in the project; and to "monitor and report" the receipt of any matching funds. 42 U.S.C. § 11386(b). But the Homeless Assistance Act does not make direct (or even indirect) reference to any of the new conditions Plaintiffs are challenging in this case. While the Act includes a limited "catchall" provision, which allows HUD to impose "such other terms and conditions as the Secretary may establish to carry out this part in an effective and efficient manner," Defendants have not argued that this provision confers the authority to impose the conditions at issue here. Applying basic rules of statutory interpretation, the Court concludes in any event it does not. Under the canon ejusdem generis, or "of the same kind," "[w]here general words follow specific words in a statutory enumeration, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words." Cir. City Stores, Inc. v. Adams, 532 U.S. 105, 114-15 (2001). Substantive conditions implicating controversial policy matters that are unrelated to the authorizing statute, such as prohibitions on DEI initiatives and "promot[ing] elective abortion," are simply not "of the same kind" as conditions that require recipients to monitor and report the progress of their program. Moreover, Defendants have not even attempted to explain to this Court how the proposed funding conditions might actually fall within this catchall provision —how they would, in other words, support the Secretary in carrying out the CoC program "in an effective and efficient manner." ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 34 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 35 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Given the stated objectives of the Homeless Assistance Act, including to "meet the critically urgent needs of the homeless of the Nation," and "to assist the homeless, with special emphasis on elderly persons, handicapped persons, families with children, Native Americans, and veterans," the Court is skeptical that Defendants would be convincingly able to do so. 42 U.S.C. § 11301(b). The Court concludes that Plaintiffs are likely to prevail in their claim that in attempting to impose the new funding conditions on recipients of the CoC funds, Defendants have run afoul of the Separation of Powers doctrine, and were acting in excess of statutory authority, and that under the APA, those conditions must be set aside. (iii) The New DOT Funding Conditions Defendants' attempts to identify statutory authority for imposing the contested conditions on the DOT grants administered through FTA, FHWA, FAA, and FRA suffer from similar deficiencies. As noted above with respect to the new funding conditions in the CoC Grant Agreements, agency regulations cannot create or confer statutory authority, and the DOT Defendants' attempt to rely on them also fails. Nor have Defendants identified any statutory authority for imposing the new DOT funding conditions. Plaintiffs have identified the statutory sources of the various DOT grant funds at issue in this case, and while many of those statutes contain explicit conditional prescriptions, none of those prescriptions relate to the conditions challenged here. See Amend. Compl.,¶J 85-120. The statute authorizing FTA's Urban Area Formula Grants, for example, imposes a number of conditions on grant recipients, providing that they will not be eligible to receive funding for a program unless, among other things, they "have the legal, financial, and technical capacity to carry out the program," and "have satisfactory continuing control over the use of equipment and ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 35 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 36 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 facilities." 49 U.S.C. § 5307(c)(1)(A)—(B). In another similar example, the statute authorizing the FHWA's Bridge Investment Program provides financial assistance for improving the condition of the nation's bridges. That statute directs DOT to consider, among other factors, "the average daily person and freight throughput supported by the eligible project," "the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects," and "geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities." 23 U.S.C. § 124(c)(5)(A); see also § 124(g)(4)(B) (authorizing grants only for projects that generate "safety benefits, including the reduction of accidents and related costs," "national or regional economic benefits," and "environmental benefits, including wildlife connectivity"). Defendants have not claimed that any of the DOT grant -authorizing statutes explicitly, or even implicitly, relate even remotely to the newly imposed DOT funding conditions. The only statute Defendants cite in support of DOT's claimed statutory authority is 49 U.S.C. § 5334. That section authorizes the Secretary of Transportation to "prescribe terms for a project that receives Federal financial assistance under this chapter," and "include in an agreement or instrument under this chapter a covenant or term the Secretary of Transportation considers necessary to carry out this chapter." 49 U.S.C. § 5334(a)(1),(9). These provisions do not carry the weight Defendants suggest they do. First, they are contained in a section titled "Administrative provisions," clearly signaling a limit on what kind of authority is being delegated: to wit, authority to administer the programs, not to inject substantive policies into them. This is particularly true in this case given that the challenged conditions not only are unrelated to the subject matter of the statutes at issue, but also reflect divisive and hotly debated policy choices. Furthermore, as with the proposed CoC funding conditions, these seemingly broad delegations of ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 36 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 37 of 49 12 authority must be interpreted under the ejusdem generis canon of construction. The specifically enumerated authority outlined in Section 5334 includes such "administrative provisions" as granting the Secretary authority to "sue and be sued," to "foreclose on property," and to "collect fees to cover the costs of training." Id. § 5334 (a)(2),(3),(10). The seemingly broad authority that follows to "prescribe terms for a project" —on which Defendants rely in imposing their conditions must be read in the limiting context of these specific grants of authority that precede it. Properly read, the statute does not confer the unbounded discretion that Defendants claim and indeed, require. And again, Defendants have not even attempted to explain how the conditions challenged here might be "necessary" to carry out the DOT grant programs —for example, how requiring grant recipients to certify that they do not "operate any programs promoting diversity, equity, and inclusion (DEI) initiatives," might be necessary to carry out the "development and revitalization" of the nation's "public transportation systems." 49 U.S.C. § 5301. Accordingly, the Court concludes that Plaintiffs are likely to prevail on their claim that in attempting to impose on Plaintiffs the conditions in the Master Agreement, Defendants have acted 15 in a manner that violates the Separation of Powers doctrine and exceeds statutory authority, and 16 that under the APA those conditions must be set aside. b. Defendants' Actions Were "Arbitrary and Capricious," 5 4 2 22 U.S.C. § 706(2)(A) (Count 5) Plaintiffs have also asserted that the funding conditions must be set aside as "arbitrary" and "capricious." 5 U.S.C. § 706(2)(A); Amend. Compl., ¶¶ 276-90. The APA requires agencies to engage in "reasoned decisionmaking," and their actions must be "reasonable and reasonably explained." Michigan v. EPA, 576 U.S. 743, 750 (2015); Ohio v. EPA, 603 U.S. 279, 292 (2024) (cleaned up). An agency must offer "a satisfactory explanation for its action," and cannot rely on ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 - 37 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 38 of 49 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 "factors which Congress has not intended it to consider." Motor Vehicle Mfrs. Ass 'n of US., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43 (1983). Plaintiffs maintain that Defendants have not followed these prescriptions, and have failed to provide reasonable explanations for any of the new funding conditions. The Court concludes that Defendants have failed to demonstrate that the new funding conditions were the result of "reasoned decisionmaking," let alone have been "reasonably explained." In fact, they have not been explained at all. The CoC Program Grant Agreements and the new DOT agreements proffer no explanation for adoption of the new conditions. Several of the conditions make reference to certain Executive Orders. See, e.g., Abortion Condition, Marshall Decl., Ex. B (providing grant recipient "shall not use any Grant Funds to fund or promote elective abortions, as required by E.O. 14182"). But rote incorporation of executive orders —especially ones involving politically charged policy matters that are the subject of intense disagreement and bear no substantive relation to the agency's underlying action —does not constitute "reasoned decisionmaking." For this reason, the Court concludes that Plaintiffs are likely to succeed on the merits of their claim that Defendants' insistence on the new funding conditions was arbitrary and capricious, which is independent grounds for setting aside those conditions.19 19 Plaintiffs have asserted several other claims both under the APA and under the Constitution. See Compl., ¶¶ 116- 95. The Court does not reach all claims at this stage, in part because "[t]he Court need only find that Plaintiffs are likely to succeed on one of [their] claims for [the likelihood -of -success] factor to weigh in favor of a preliminary injunction," and a ruling on Plaintiffs' additional claims would not affect the relief afforded. Aids Vaccine Advoc. Coal. v. United States Dept of State, No. CV 25-00400 (AHA), 2025 WL 752378, at *7 (D.D.C. Mar. 10, 2025). Furthermore, the Court adheres to the "fundamental and longstanding principle ofjudicial restraint" that requires courts to "avoid reaching constitutional questions in advance of the necessity of deciding them." Al Otro Lado v. Exec. Off for Immigr. Rev., No. 22-55988, 2024 WL 5692756, at *14 (9th Cir. May 14, 2025) (vacating district court's "entry of judgment for Plaintiffs on the constitutional due process claim" where judgment was granted in Plaintiffs' favor on APA claim) (citing Lyng v. Nw. Indian Cemetery Protective Ass 'n, 485 U.S. 439, 445 (1988)); ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 38 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 39 of 49 3. Irreparable Injury A plaintiff seeking a preliminary injunction must establish that it is likely to suffer irreparable harm in the absence of preliminary relief. Winter, 555 U.S. at 20. Such harm "is traditionally defined as harm for which there is no adequate legal remedy, such as an award of damages." Arizona Dream Act Coal. v. Brewer, 757 F.3d 1053, 1068 (9th Cir. 2014) (citing Rent— A—Ctr., Inc. v. Canyon Television & Appliance Rental, Inc., 944 F.2d 597, 603 (9th Cir.1991)). Plaintiffs here have alleged several forms of irreparable harm that are either presently occurring, or are likely to occur, in the absence of injunctive relief. They are facing a choice between two untenable options; as this Court has already determined, "Defendants have put Plaintiffs in the position of having to choose between accepting conditions that they believe are unconstitutional, and risking the loss of hundreds of millions of dollars in federal grant funding, including funding that they have already budgeted and are committed to spending." TRO Order at 3; see San Francisco Unified Sch. Dist. v. AmeriCorps, No. 25-CV-02425-EMC, 2025 WL 974298, at *4 (N.D. Cal. Mar. 31, 2025) ("[H]aving to decide between two losing options constitutes irreparable injury because "very real penalty attaches to [Plaintiffs] regardless of how they proceed."). On the one hand, being forced to accept conditions that are contrary either to statute or to the Constitution (or both) is a constitutional injury, and constitutional injuries are see also Washington v. Trump, 441 F. Supp. 3d 1101, 1125 (W.D. Wash. 2020) ("[A] court should not reach a constitutional question if there is some other ground upon which to dispose of the case. Given that this Court has already determined that Defendants' [action] violates the APA and, therefore, can dispose of the case on that basis, the Court exercises restraint and declines to reach the constitutional claims raised by Washington.") (cleaned up, citing Nw. Austin Mun. UtiL Dist. No. One v. Holder, 557 U.S. 193, 205 (2009); Harmon v. Brucker, 355 U.S. 579, 581 (1958)). Because Plaintiffs are likely to prevail on Counts 5, 6 and 7 of their Amended Complaint —that the challenged actions were arbitrary and capricious, contrary to the constitutional Separation of Powers doctrine, and in excess of Defendants' statutory authority, and must therefore be set aside under the APA—the Court's inquiry into the likelihood -of -success factor is at an end. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 39 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 40 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "unquestionably" irreparable. Hernandez v. Sessions, 872 F.3d 976,994 (9th Cir. 2017) ("It is well established that the deprivation of constitutional rights unquestionably constitutes irreparable injury."); Cnty. of Santa Clara v. Trump, 250 F. Supp. 3d 497,537-38 (N.D. Ca1. 2017) ("[B]eing forced to comply with an unconstitutional law or else face financial injury" constitutes a constitutional injury) (citing Am. Trucking Ass'ns, Inc. v. City of Los Angeles, 559 F.3d 1046, 1058-59 (9th Cir. 2009) (plaintiffs were injured where they were faced with the choice of signing unconstitutional agreements or facing a loss of customer goodwill and significant business.)). Defendants argue that Plaintiffs have failed to demonstrate that the new funding conditions would in fact deprive Plaintiffs of their constitutional rights, arguing that at least some of the conditions are not on their face illegal. Defs.' Opp. at 29. This contention ignores the Court's conclusion that, as outlined at some length above, Plaintiffs are likely to succeed in demonstrating that the new funding conditions were imposed in violation of the APA, and are contrary to the Constitution's Separation of Powers doctrine. See supra, § IV.B.2.; Santa Clara, 250 F. Supp. 3d at 538 ("[E]ven where the constitutional injury is structural," e.g. a violation of the Separation of Powers doctrine, "the constitutional violation alone, coupled with the damages incurred, can suffice to show irreparable harm.") (quoting Am. Trucking, 559 F.3d at 1058-59). On the other hand, avoiding the constitutional offense by refusing to agree to the new funding conditions may very well result in the loss of access to promised grant funds. And indeed, Defendants have not denied that Plaintiffs would be assuming this risk by not signing the agreements. They merely complain that Plaintiffs have not provided details as to when exactly that loss will occur. But this argument misses the point. It is this looming risk itself that is the injury, and one that Plaintiffs are already suffering. Courts evaluating similar circumstances have ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 40 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 41 of 49 10 I 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 recognized that this injury of acute budgetary uncertainty is irreparable; "[w]ithout clarification regarding the Order's scope or legality, the Counties will be obligated to take steps to mitigate the risk of losing millions of dollars in federal funding, which will include placing funds in reserve and making cuts to services. These mitigating steps will cause the Counties irreparable harm." Santa Clara, 250 F. Supp. 3d at 537 ("The threat of the Order and the uncertainty it is causing impermissibly interferes with the Counties' ability to operate, to provide key services, to plan for the future, and to budget. The Counties have established that, absent an injunction, they are likely to suffer irreparable harm.") (citing United States v. North Carolina, 192 F.Supp.3d 620,629 (M.D.N.C. 2016)). While a preliminary injunction will not eliminate these risks entirely, Plaintiffs have demonstrated it will at least mitigate them pending resolution of this case on its merits. Furthermore, Plaintiffs have submitted substantive and detailed evidence illustrating the ways in which a loss of grant funds would be devastating and irreparable, if these risks in fact materialize. With respect to the HUD Plaintiffs, the resulting irreparable injuries would be both to Plaintiffs and their operations, and to the vulnerable populations they serve. See, e.g., Marshall Decl., 717-21 (King County) ([T]he loss of [CoC] funding would negatively impact King County because King County has already begun the contracting process with service providers in reliance on receiving the CoC funds. . . . It is important to remember that the key focus in this work is keeping people in housing. In order to do that, it is imperative that housing providers, with whom King County contracts, receive the funds necessary to support the housing. 2144 households in King County will be impacted by the loss of CoC funds."); Dillon Decl., ¶1J 12-14 (Boston) ("Without CoC funds, the approximately 2,000 households served would lose assistance that is integral to their ability to maintain stable housing, most likely leading to evictions and ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 41 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 42 of 49 homelessness."); Semonoff Decl., ¶ 31 (Cambridge) ("Without grant funding to support the CoC projects, over 200 individuals currently enrolled in CoC . . . projects would potentially lose their housing and access to critical supportive services. The loss of supportive housing capacity would further strain the City's emergency shelter system, resulting in longer durations of homelessness and reduced exits to stable housing."); McSpadden Decl., ¶J 16-19 (San Francisco) ("Without CoC funding, close to 2,000 program participants will lose their housing subsidies and services and will be at risk of imminent evictions. These individuals and families may slip back into homelessness, which would be profoundly detrimental. Rehousing these individuals and families will come with enormous challenges and costs, adding to the homelessness crisis in San Francisco."). The administration's attempt to compel Plaintiffs' compliance with unrelated policy objectives by leveraging the needs of our most vulnerable fellow human beings is breathtaking in its callousness. Defendants' argument that these harms are not irreparable is simply wrong. The harms threatening the DOT Plaintiffs are also demonstrably irreparable. While perhaps emotionally less compelling than injury to the homeless and the local agencies who serve them, injury to the continued operation of the nation's transportation projects can hardly be considered less important. One need not conjure the most extreme cases of bridges collapsing and rain derailments to understand instinctively that maintaining the health of the systems by which this nation —its goods and its people —get from one place to another safely, efficiently, and predictably, is critical. Plaintiffs have submitted evidence supporting their contention that "loss of DOT funding would force Plaintiffs to substantially curtail existing and planned transportation safety and other improvements and operations." Pls. Sec. Mot. at 13 (citing, inter alia, Franklin - Hodge Decl. (Boston) ("The unpredictability injected into these complex road -safety projects ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 42 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 43 of 49 through new grant terms hinders the City of Boston's ability to complete such projects. Specifically, the City is unable to provide stability to its partners in this work, including vendors and other governmental entities."); Davis Decl., ¶ 22 (Chicago) ("The loss of the pending and expected DOT grant funds will cause severe hardship for [the Chicago Department of Transportation] and its ability to maintain Chicago's roadways and transportation systems safely. CDOT relies on DOT for a large portion of its budget and Chicago uses the funds to repair and expand bridges and roadways to prevent accidents, to make pedestrian walkways safer and more accessible, and to update outdated transit stations. These funds are critical to Chicago's ability to implement and maintain safe and effective means of transportation for millions of Chicagoans and its annual visitors.")); see also Morrison Decl., ¶ 12 (King County) ("Given the amount of money at stake, it is almost impossible to overstate how important these FTA grant programs are to Metro's ongoing transit operations. . . . Given the range and depth of Metro transit operations that are funded by these four FTA grant programs, it is plain that those FTA grant funds are absolutely mission -critical to Metro's existing and planned transit operations. To be clear, the scope and scale of Metro's existing and near -future planned transit operations would almost certainly have to be substantially curtailed, and some elements likely entirely abandoned, if any substantial portion of this FTA grant funding were to be withheld or eliminated. As of the date of this declaration, I know of no other existing or proposed funding source that could replace FTA's grant funds. . . . To put it plainly, without FTA grant funds, Metro's service network would likely have to be cut back in ways that could significantly reduce mobility options for a large portion of King County's population while potentially increasing traffic congestion and slowing the movement of freight and goods across our region."). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 43 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 44 of 49 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Plaintiffs have provided substantial evidence demonstrating that these likely harms are not, as Defendants suggest, merely monetary in nature. Adequate financial compensation for hundreds of shelter -unstable families losing access to housing does not exist; the same must be said of the incalculable effects of forcing unforeseen reductions in transportation spending. Homeless assistance and transit grants are essential tools in addressing these urgent community needs. Congress has consistently affirmed their importance by repeatedly authorizing these grants, underscoring the federal government's vital role in supporting local governments as they confront the challenges of homelessness and maintenance of critical transportation infrastructure. The Court concludes that the harms Plaintiffs have alleged are quintessentially irreparable in nature, and can be avoided only by entry of the requested injunction. 4. The Balance of Equities Weighs in Plaintiffs' Favor In deciding whether to grant an injunction, "courts must balance the competing claims of injury and must consider the effect on each party of the granting or withholding of the requested relief." Disney Enters, 869 F.3d at 866 (quoting Winter, 555 U.S. at 24). Courts "explore the relative harms to applicant and respondent, as well as the interests of the public at large." Barnes v. E-Sys., Inc. Grp. Hosp. Med. & Surgical Ins. Plan, 501 U.S. 1301, 1305 (1991) (internal quotation marks and citation omitted). Where the government is a party, the balance of equities and public interest factors merge. Drakes Bay Oyster Co. v. Jewell, 747 F.3d 1073, 1092 (9th Cir. 2014) (citing Nken v. Holder, 556 U.S. 418, 435 (2009)). Based on the Court's conclusions discussed above, the Court finds that the balance of equities tips sharply in Plaintiffs' favor. Defendants' argument to the contrary hinges on their position that "Plaintiffs could be compensated for any lost money after a ruling on the merits." ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 -44 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 45 of 49 1 Defs.' Opp. at 32. The Court has already squarely rejected this contention in discussing the 2 irreparable harm Plaintiffs are likely to suffer in the absence of an injunction. See supra, § IV.B.3. 3 Moreover, Defendants have not posited any anticipated (let alone likely) non -monetary harm they 4 will experience if an injunction were to issue, stating only that the "federal government maintains 5 an interest in ensuring that its funds are spent pursuant to the conditions it attaches to those 6 federal dollars." Defs.' Opp. at 29. Of course, Defendants do not have a legitimate interest in 7 ensuring that funds are spent pursuant to conditions that were likely imposed in violation of the 8 APA and/or the Constitution. See Valle del Sol Inc. v. Whiting, 732 F.3d 1006, 1029 (9th Cir. 9 2013) (there is no legitimate government interest in violating federal law). For the reasons 10 outlined above, the irreparable harms Plaintiffs face in the absence of an injunction tip the balance 11 of equities sharply in their favor. 12 C. The Court Denies Defendants' Request for a Bond and Request to Stay 13 Defendants request that if this Court grants Plaintiffs' motions for a preliminary 14 injunction, the Court require Plaintiffs to post a bond for the value of the specific grants subject to 15 the injunction and stay the injunction pending "a determination by the Solicitor General whether 16 to appeal and, if appeal is authorized, pending any appeal." Defs.' Opp. at 33. Federal Rule of 17 Civil Procedure 65(c) states that courts "may issue a preliminary injunction or a temporary 18 restraining order only if the movant gives security in an amount that the court considers proper to 19 pay the costs and damages sustained by any party found to have been wrongfully enjoined or 20 restrained." Fed. R. Civ. P. 65(c). "Despite the seemingly mandatory language, Rule 65(c) invests 21 the district court with discretion as to the amount of security required, if any." Johnson v. 22 Couturier, 572 F.3d 1067, 1086 (9th Cir. 2009) (citations and internal quotation marks omitted). 23 ORDER GRANTING PLAINTIFFS' 24 MOTIONS FOR PRELIMINARY INJUNCTION 25 - 45 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 46 of 49 "In particular, the district court may dispense with the filing of a bond when it concludes there is no realistic likelihood of harm to the defendant from enjoining his or her conduct." Id. (cleaned p). Defendants have not argued, let alone demonstrated, that they will suffer any material harm from the injunction the Court issues today. Nor have Defendants met the standard for a stay. See, e.g., Maryland v. Dep't of Agriculture, JKB-25-0748, 2025 WL 800216, at *26 (D. Md. Mar. 13, 2025) ("It is generally logically inconsistent for a court to issue a TRO or preliminary injunction and then stay that order, as the findings on which those decisions are premised are almost perfect opposites."). Therefore, the Court denies Defendants' requests for a bond and to stay the injunction. V. CONCLUSION For the foregoing reasons: 1. Plaintiffs' Motion for Preliminary Injunction is GRANTED; 2. Plaintiffs' Second Motion for Preliminary Injunction is GRANTED; 3. HUD and its officers, agents, servants, employees, and attorneys, and any other persons who are in active concert or participation with them (collectively "Enjoined HUD Parties"), are enjoined from (1) imposing or enforcing the CoC Grant Conditions, as defined in the Motions, or any materially similar terms or conditions with respect to any CoC funds awarded to the HUD Plaintiffs or members of their Continuums; (2) as to the HUD Plaintiffs, rescinding, withholding, cancelling, or otherwise not processing any CoC Agreements, or pausing, freezing, impeding, blocking, cancelling, terminating, delaying, withholding, or conditioning CoC funds, based on such terms or conditions, including without limitation failing or refusing to process and otherwise implement grants signed with changes or other objection to conditions enjoined by this ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 46 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 47 of 49 6 9 14 19 2t 21 22 23 24 preliminary injunction; (3) requiring the HUD Plaintiffs to make any "certification" or other representation related to compliance with such terms or conditions; or (4) refusing to issue, process, or sign CoC Agreements based on HUD Plaintiffs' participation in this lawsuit; 4. The Enjoined HUD Parties shall immediately treat any actions taken to implement or enforce the CoC Grant Conditions or any materially similar terms or conditions as to the HUD Plaintiffs or their Continuums, including any delays or withholding of funds based on such conditions, as null, void, and rescinded; shall treat as null and void any such conditions included in any grant agreement executed by any Plaintiff or member of a Plaintiff Continuum while this PI or the previous TROs are in effect; and may not retroactively apply such conditions to grant agreements during the effective period of this PI or the previous TROs. The Enjoined HUD Parties shall immediately take every step necessary to effectuate this order, including clearing any administrative, operational, or technical hurdles to implementation; 5. DOT, the DOT OAs, and their officers, agents, servants, employees, and attorneys, and any other persons who are in active concert or participation with them (collectively "Enjoined DOT Parties"), are enjoined from (1) imposing or enforcing the DOT Grant Conditions, as defined in the Motions, or any materially similar terms or conditions to any DOT funds awarded, directly or indirectly, to the DOT Plaintiffs or their subrecipients; (2) as to the DOT Plaintiffs or their subrecipients, rescinding, withholding, cancelling, or otherwise not processing the DOT grant awards, or pausing, freezing, impeding, blocking, canceling, terminating, delaying, withholding, or conditioning DOT funds, based on such terms or conditions, including without limitation failing or refusing to process and otherwise implement grants signed with changes or other objection to conditions enjoined by this preliminary injunction; (3) requiring the DOT ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 1 1 47 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 48 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Plaintiffs or their subrecipients to make any "certification" or other representation related to compliance with such terms or conditions; or (4) refusing to issue, process, or sign grant agreements based on DOT Plaintiffs' participation in this lawsuit; 6. The Enjoined DOT Parties shall immediately treat any actions taken to implement or enforce the DOT Grant Conditions or any materially similar terms or conditions as to DOT funds awarded, directly or indirectly, to the DOT Plaintiffs or their subrecipients, including any delays or withholding of funds based on such conditions, as null, void, and rescinded; shall treat as null and void any such conditions included in any grant agreement executed by any DOT Plaintiff or subrecipient while this PI or the previous TROs are in effect; and may not retroactively apply such conditions to grant agreements during the effective period of this PI or the previous TROs. The Enjoined DOT Parties shall immediately take every step necessary to effectuate this order, including clearing any administrative, operational, or technical hurdles to implementation; 7. Defendants' counsel shall provide written notice of this Order to all Defendants and their employees by the end of the second day after issuance of this Order; 8. By the end of the second day after issuance of this Order, the Defendants SHALL FILE on the Court's electronic docket and serve upon Plaintiffs a Status Report documenting the actions that they have taken to comply with this Order, including a copy of the notice and an explanation as to whom the notice was sent; // // // // ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 48 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 49 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9. This order remains in effect pending further orders from this Court. It is so ordered this 3rd day ofJune, 2025. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 49 Barbara Jaco s Rothstein U.S. District Court Judge