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HomeMy WebLinkAboutReso 98-1988RESOLUTION NO. 98-88 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN AGREEMENT FOR FEDERAL FUNDING OF THE SOUTH SAN FRANCISCO AIRCRAFT NOISE INSULATION PROGRAM PHASE V, PROJECT NO. PB-88-1 TO INSTALL SOUND-PROOFING IN RESIDENCES; AIP PROJECT NO. 3-06-0221-N9 WHEREAS, many of the citizens occupying property in South San Francisco are adversely affected in their use of such property by excessive noise resulting from operations at San Francisco International Airport; and WHEREAS, the City of South San Francisco has, for more than twenty years, made vigorous efforts to ease the effects of airport noise on its citizens; and WHEREAS, one method of assisting citizens of South San Francisco to enjoy a better quality of life while living in areas near San Francisco Internat*onal Airport is to make structural changes and to insulate structures in areas affected by airport noise; and WHEREAS, the Aviation Safety and Noise Abatement Act of 1979 (commencing with 49 USC Section 2101), provides for Federal funding of 80% of local projects to carry out noise compatibility programs that are in accord wi;h the Act; and WHEREAS, The City of South San Francisco has been informed by the Federal Aviation Administration (FAA) that its project application dated October 13, 1987 for a grant of Federal funds to install soundproofing for noise comoatibility in approximately one hundred (100) residences has been approved; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Franc"sco, that: 1. The Mayor is authorized to sign all documents necessary for acceptance of any Federal funding authorized pursuant to the October 13, 1987 appl"cation and grant offer. 2. The City Manager is appointed agent of the City of South San Francisco to administer the grant, including, but not limited to, the signing o~ any documents related thereto in the absence of inability of the Mayor to so sign. 3. The City Attorney is authorized to sign any certificates necessary by legal counsel for completion of the grant offer. I he"eby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 27th day of July , 1988, by the fo11 owing vote. AYES: Councilmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos, and Roberta Cerri Teglia NOES: None ABSTAINED: None ABSENT: Councilmember Jack Drago EXHIBIT TO RESOLUTION NO. 98-88 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part i - Offer Date of Offer June 28, 1988 San Francisco International Airport/Planning Area Project No. 3'06-0221-N9 Contract No. DTFA08-88-C-30304 TO: City of South San Francisco (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 October 13, 1987 for a grant of Federal funds for a project at or associated with the San Francisco International Airport/Planning Area which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the following: Install soundproofing for noise compatibility (approximately 100 residences) all as more particularly described in the Project Application. (Page I of 5 pages) NO~ THER!FORE, pursuant to an~ for the purpose of carrying out the provisions of the ~ort and Airway Improvement Act of 1982, as amended by the Airport and Safety and Capacity Expansion Act of 1987, herein called the "Act," and/or th Aviation Safety and Noise Abatement Act of 1979, and in considera of (a) the Sponsor's adoption and ratification of the representtt~cns and assurances contained in said Project Application and its acceptanc~ of this Offer as hereinafter provided, and (b) the benefits to accrue to the United S:ates and the public from the accomplishment o! the Pro~ect a~d cc=pliance with the assurances and conditions as herein provided, AVIATION ADMINISTRATION, FOR AT~D ON BEHALF OF THE UNITED STATES, HEREBY OF]'ERS AND AGREES to pay, as the United States share of the allowable costs incl~rred in acccmplishing the ~roject, 80 percentum. The Offer is ~ade on and subject to the following terns and conditions: Conditions max!nun obligation of the United States payable under this offer sh be $1,076,480.00. For the purpcses of any future grant am which may increase the foregoing maximum obligation of the Un[ted States under the provisions of Section 512(b) of the Act, the following a~ounts are being specified for this purpose: $ 1,076,480.00 for planning for airport development or noise program implementation. o Th~ allowable costs of the project shall not include any costs del:ermined by the FAA to be ineligible for consideration as to owability under the Act. of the United States share of the allowable project costs w~ll be pursuant to and in accordance ~ith the provisions of such reg~laticns and procedures as the Secretary shall prescribe. Final determination of the United States share ~ill be based upon the final audit of the total amount of allowable project costs and settlement w~l~ be made for any upward or downward adjustments to the Federal shale of costs. The~sponsor shall carry out and complete the Project w~thout undue del;tys and in ac:ordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply wit! The pri¢ This to ~ acce date the assurances which were made part of the project application. F~A reser=es the right to amend or withdraw this offer at any time r to its ac:eptance by the sponsor. offer shall expire and the United States shall not be obligated a~ an~ part of the costs of the project unless this offer has been ~ted by the sponsor on or before August 15, 1988 or such subsequent as may be prescribe~ in writing by the FAA. (Page 2 of 5 pages) 10. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other m~Lnner in any project upon which Federal funds have been expended. F,~r the purposes of this grant agreement, the term 'Federal funds" m,~ans funds however used or disbursed by the sponsor that were o::iginally paid pursuant to this or any other Federal grant agree,mt. I' shall obtain the approval of the Secretary as to any determination o the a~ocnt of the Federal share of such funds. It shall return the r~coverei Federal ~hare0 including funds recovered by settlement, ol'der or judgment, to the Secretary. It shall furnish to the S~cretary, upon request, al} documents and records pertaining to the d~termination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be a[proved in advance by the Secretary. Thle Uni:ed States shall not be responsible or liable for damage t° prpperty or injury to persons which may arise from, or be incident to, co~pliance with this grant agreement. Th~ attached new Part V Assurances are hereby substituted in lieu of those in the Sponsor's Project Application dated October 13, 1987 and ma~ie a part hereof. It is understood and a~reed by and between the parties hereto that this Gr. Offer is ~ade and accepted upon the basis of preliminary plans an~. specifications; and the parties hereby covenant and agree that wiShin 180 days fro= the date of acceptance of this Grant Offer the Sp¢,nsor shall furnish final plans and specifications to the FAA and thl;t no construction work will be commenced hereunder nor will there be ami advertisement for bids for accomplishment of such work until the sa d final plans and specifications have been approved by the FAAi and th. parties do hereby further covenant and agree that any reference · in this Grant Offer or in the aforesaid Project Application to and specifications shall be considered as having reference to sai final plans and specifications as so approved. No shall be made under the terns of this grant agreement for work accomplished on privately owned land until sponsor submits the agreement with the owner of the property required by Assurance 5d the Part ¥, Assurances and such agreement is determined to be sat:[sfactor¥, As a minimum, the agreement with the private owner mus' con~ain the follcwing provisions: The property owner shall subject the construction work on the project to such inspection and approval during the construction or installation of the noise compatibility measures and after completion o! the measures as ~ay be reasonably be requested by the Secretary or the sponsor. (Page 3 'of 5 pages) be de The property ovner shall assume the responsibili=y for uaintenance and operation of the i=e=s installed, purchased, or constructed under this grant agree=ent. Neither the Federal Avia=ion Ad=inistration nor the s~onsor bears any respons£bili~y for the maintenance and operation of these items. If Federal funds for the noise compatibility measures are transferred by the spcnsor to the owner of the private property, or the owner's agent, the property owner shall agree to maintain and mai~e available to the Secretary or the sponsor, upon reasonable request, records disclosing the a~ount of funds received and the disposition of those funds.- The prcperty owner's right to sue the owner of the San Francisco International Airport for adverse noise i~pact will be abrogated if the property owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise conpatibility =easures during the useful life of such ~easures. This obligation shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed 20 years from the date of the sponsor's acceptance of Federal a!~ for the project. The ;~onsor's acceptance of this Offer and ratification and adoption of ~e ~roject Application incorporated here~n shall be evidenced by execution oE this £nstru=ent by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agre~=ent, as prcvided by the Act, constituting the contractual obligations and rights, of the United State~ and the Sponsor wi~h respect to the accomplishment of the Proje.t and compliance with the assuFances and conditio=s as provided herein. Such Grant Agreement shal} Become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AHERICA FEDERA~ ~¥IATiON ADHINISTRATION LES HOPKINS Acting ~anager, Airports District Office (Page ¢ of $ pages) Part I! - Acceptance The Sponsor does hereby ratify and adopt all assurances, replesentations, warranties, covenants, and agree=ents contained in the Project Application and incorporated ~aterials referred to in the foregoing Offer and does hereby accept this Offer and by such acc~ptance agrees to cozply with all of the terms and conditions in thia Offer and in the Project Application. Exe,' uted this day of , 19 . City. of South San Francisco (Name of Sponsor) [Sponsor's Designated Official Representative) Title Title: CERTIFICATE OF SPONSOR'S ATTORNEY here!¥ certify: , acting as Attorney for the Sponsor do in my opinion the Sponsor is empowered to enter into the fore Grant Agreement under the laws of the State of California. , I have examined the foregoing Grant Agreement and the taken by said Sponsor and Sponsor's official representative has ~ duly authorized and that the execution thereof is in all respe:ts due and proper and in accordance with the laws of the said State and the Act. 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 legaL1 and binding obligation of the Sponsor in accordance with the terns thereof. Dated at this day of , 19 . Signature of Sponsor's Attorney (Page $ of 5 pages) PART V - A~a--JRANC'-S Noise Program ~ple~entation Projects Undo-taken By Non Airport Sponsors These amsura~ces shall be cc~plied with in the perfo.~e.~ce of gra~t agreements for noise program implementation projects undertaken by spo:so~s that are not proprietors of the ~irport which is the subject of the noise c:mpatibiltty program. These assurances are required .to be su~tted as part of the project application by spot, ors requesting funds tmden- the provisions of the Airport a~d Airway V~provement Act of 1982 as amended and the Aviation Safety a~d Noise Abatement Act of 1979. Sponsors are ,~ts of local government ~n the areas around the ~port wblch ~s the subject of the' noise compatibility program. Upon acceptance of the grant offer by the 'sponsor, these ~ss~-ances' m-e incorpora~ed in and be_~c~e part of the gran~g.r...eement. D~.--ation. The ter-_s, conditior~ s.~d assurances of the gra~t a~-eement sTM r-~*~ in fu~l force and effect throughout ,~seful life of the facili- ties developed or .equt~znent acquired or throughout the useful ~*e of the lt~ installed wiihin a facility under t~-~ ~n~oJec~, but in any event not to ex~eed twenty (20) yea~s frc~ the date of acceptance off. a grant offer of' Federal f'z~s fi.or the project. However, th~-e s~l be no time ~.~t on .Zhe duration of th~ t~---s, eon~itior, s, a~d assurances with respect to real property acquired with Feds-al funds. F~.~he.-~ore, the duration of the Cl~.l R~g~ts assurance sh~ be as specified in the assurance. Sponsor Certification. The' sponsor hereby assr-es and certifies, with respec~ to t~-~ grant that: Gene. al Federal ~equlre~ents. It 'will 'cc~ply with all applicable Federal laws, regulations, executive erde.-s, policies, guidelines and require~euts as they relate to the application, acceptance and 'XZme of Federal funds for this project i~cluding but not limited to the following.- Federal Eegislation a. Federal Aviation Act off. 1958 - ~9-U.S.C. 1301, et seq. b. Davis-Bacon Act - ~0 U.S.C. Fed~al F-~ Labor Standards Act - ~9 U.S.C. 201~:~t sec. d. ~atch Act'- 5 U.$.C. 1501, e.~t se~. e. U~orm ~elocation Amsis'.ance and Rea.]. Proper'~y Acquisition ' Policies Act of 1970 - ~2 U.$.C. ~0~, et seq. f. National j~istor~c Preservation Act off 1~- ~ection 10~ - : ~ U.Z.C. ~?0{f). g. .rcheological and ~istoric Pres~vati~u Act of 197~ - '~ U.S.C. ~9 through h. ~lood Disaster Protection Act of 1~?~ - ~e:'.io~ 102[a") - 22 U.$.C. ~012a -. q9 U.S.C. 2101~ ~ se~.' .. ' ].. ~.e Discrlzinat!on ant of 1975 - ~U.S.C. 6101~ ~ seq. m. ~t~t~ ~~s Act ~ 1968 ~2 U.S.C. ~151~ .n~ ~r~ ~d ~ay ~ov~ent Ic~ o~ 1982, ~ ~ended ~9 U~S.C. ~01, et ~. o. P~~t ~d Z~~ Fuel U~e Ac~ of 1978 - ~2 U.$.C. 8373. po Contract ~ork Hours .and Safety Standards act - ~0 u.s~c. ~27t' et seq. q. Copeland intikickback Act - 18 U.S.C. 87~. r. Natio~-! EnvSro~ne~tal Policy Act of 1969 - ~2 U.S.C. ~1, et seo. ,: · ,. Endansered Species act of 1973 - 16 u.$.c. 668(a), e__t seq. t. $in&~e/udSt l~t of 198~ - 31 ~.S.C. 7501,_e~ 2 Executive Orders Executive Order 12372 - ~nter~vernmen~al Beview of Federal Executive Order 112q6- Equal ~mployment Opportunity Federal ~9 CFi Part 21 - of ~he De~en~ of the ~1 Bi,ts Act ~ 196~. b. ~9 CFR Part 23 -' Participation b~ l~tnority Business F. nterprise in Depar. t~ent of Tr~-por~a~ion Prosr~,. Co ~9 CFR Part 2~ - Unt~or-a Relocation and Real P~'operty acquisition for Federal and Federally lssisted l~-o~,-s. dm CFR Part 27 - Hon-Dlsar~-4nition on the Basis of Handicap in Progra~ and /ctl~ti~ 'Recei~ ~ ~neft~ing ff~ Fed~ e. ~9 CFR Part, 29 - Deba~ent,, Suspensions and Voluntary Ex~lusto~.~. ~- 29'~ P~ ~ - Con, raft,s ~ Su~ontract~s on ~bli~ h. 29 ~R Part 5 - Labor Standards P~ovlsions ipp~icable to Contracts Cov~n~ Feder~! y Fl~ced and ~sis~ed Consti'uction. ~. 1~ CF~ Part 150 - i~rport Noise Cc~patlb!lit~ Pi-n-{n~. 'Office of Hanage~ent and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A-102 - Unifgr-m Requirenents for Assistance to State and Local Governments." .-. co A-128 - Audits of State and ~ocal Gove~nmentSo Specific assurances required to be included in grant a~-ee=en;s by any of the above laws, regulations or clrcu/ars are incorporated by reference in the ~-ant agre-_~ent. Besp0nsibility and Authority of the Sponsor. It h-, legal authority to apply for the grant, and to finance and carry out the p~oposed project;, that a resolution, motion ca' ~]ar action has been duly. adopted or passed as an official act of the applicant's ~ove~nin~ body authori~inE the f~ling of the application~ includinE all understandinEs and amsurances contained therein, and directinE and authoriz/nE the per~on identified as the official representative of the applicant to act ~n connection with the applicatlon and to pro- vide such additlonal infor~atio~ as may be required. 3. Sponsor Fund Availability. a. It b-~_ sufficient fundS available for that portion of the ~-oJect costs which are not to be paid by the United S'~ates. It has sufficient funds ay ~aila..~le to assure operation and main- tenance of items funded un~er .'the grant agreement which it will own or control. Good Title. Fo~ projects to. 'be carried out on the property of the sponsors, it holds ~ood title satisfactory to the Secretary to that portion of the pro~-ty upon which Federal funds will be exI~nded o~ will give a~surance to the Se=-etary that good title ~Lll be Obtained. It ~d_~! not ente~~ into any tr~r~actton, c~ chan~e thereto, t~e ~ ~t ~y action ~ch ~d o~ate ~y off the ~s ~d ~ nec~y ~ ~~ ~y the t~ cond1~o~ ~d ~~o~ ~ the ~t~ut the ~tten aF~v~ of the ~et~y, ~d ~ aot to by the ~~. ~ ~] ~ d~e ~n a ~ acceptable the w~ll not se~.~'lea~e, enc~ber'or othe--~-l~e transfer c~ ~s~se ~y p~t of ~ts t~tle'~ oth~ ~t~e~t~ ~ the ~rty u~n Fed~ f~ ~ve ~en e~nded, f~ the d~at~on of the t~, con~t~o~, ~d ~s~ces ~ the ~t a~e~ent ~thout ap~o~ by the ~eh~y. ~ the ~ff~ee ~ fo~d ~ the ~e~et~y to ~ e~i~ble ~d~ ~e ~~ ~d ~y ~ov~ ,ct off 1~5~ to ~s~e the o~t~o~ off the ~t a~e~ent.~d have. the ~, ~u2h~ty~ ~d ~c~ ~o~c~s to ~y out · uch obl~t~o~, tBe s~ s~ ~t ~n the contract ~ ~-~-f~ng ~ ~e~g of the s~or's ~est, ~d b~n~ u~n the tr-~-feree, ~1 ~ the t~ con~t~o~ ~d con~ed ~ th~ ~t a~e~ent. ~ noise pro~r~ L~ple~entat~on projects which ~ed out by ~otb~ ~t by a ~t of ~ ~ver~t oth~ ent~ ~nto ~ a~e~ent ~th ,th~se s~c~ed by the ~et~y, t~ ~over~en~ to the ~t wo~d ~ applicable to ~ a ~t to ~d~-t~e the noise ~~ ~l~entat~on ~ect. a~e~ent ~d c~es thereto ~et~y. no~-se pro~ ~mplementatton projects to'be carried out on y owned pro~_~ty, ~t will e2ter ~nto an asreement w~th the of teat property which :[naludes ~pro~_s~ons si~ec~f~ed by the 5 ¢oasistency ~-lth Eocal PI~. The project ~s reasonably consistent wi~h pl~ (e~ting a~ the ~e of su~ss~ of t~ applica~on) of pu~ agencAes t~ ~e autO, zed ~ the S~a~e ~n ~ch ~e s~To~d~ the ~r~. For no~e ~~ ~pl~en~at~ ~Jec~s ~o ~ c~ed ou~ on ~~y w~ch ~ ~ ~ed ~ the s~ ~d w~ .ch ~ ~d~ the l~d ~e con~l ~ autho~ty of a ~bl~c a~ncy ~ ~te~ decimation t~t such a~ency su~rts the ~Ject ~d the ~,Ject ~ re~o~bly co~t~t ~th the agency's pl~ re~g th~ pro~ty. Cozsidera~ion o~ ~ lnte~st. Xt the ~t~est of c.~....,,~tl~ Aco~ting Syst~, Audi~, ~d ~eoor~eeptng Beq~r~ents. a. It sb-~ k~p ~ ~Ject accosts ~d ~~ ~ f~y ~sclose the ~o~t ~d dis~sit~on ~ee~ of the ~t, the to~ cost off the ~oJect ~ co~ect~on ~th w~ch the ~t ~ ~ven ~ ~ed, ~d the ~o~t ~d ~t~e ,ff t~2 ~ion of the cost of the ~oJect supplied by oYh~ o~ces, ~d su~ oth~ fi~-~c~ ~cor~ ~tinent to the ,roJect. ~e accosts ~d rec~ s~ ~ ~p2 ~ accor~ce In acc~d~ce ~th the ~2~e sh~ll make av-~ilable to the SecreYary and the ¢cmpYro!ler 6ene~-al of the U~ted ~taYes, ~ ~y of their d~y auth~zed representa~ives, ~ the p~se of aunt ~d e~*~-t~o~, ~y ~o~, doc~ents, ~rs, ~d recor~ ~ the recipi~t t~t ~e ~inent 'to the ~t. The ~cre~y ~y re~re appropriate aunt ~ conducted ~ a recipient. ~ ~y c~e ~n w~ch ~ ~de~ndent aunt Is ~de of the accosts of a r~lating to the ~s~sit~on of the proceeds off a ~t ~ relating the project ~n co~ection ~th ~ch the ~t ~ed, it s~l f~e a c~tified copy ~f such aunt ~th the Comptroller 6en~ of the U~ted Sta~es not la~ llo~ng the .close of the fisc~ ye~ f~ ~ch the aunt ~e. ~in~ ~age ~ates. It sh~l include, ~ ~ contracts ~ e=ess of $2, O0 which t.o be Davis. shall ). fca' W~rk on any projects funded under the ~-ant ag.-eement involve la~r, p~s~o~ estaBlis~ng ~-~ rates of ~ges, predet~ned By the ~cret~y ~ ~r, ~ ac~or~ce ~th the -~con Act, ~ ~en~ed ~1 ~y to m~l~d ~d ,~l!~d la~r, ~d s~h ~m~ rates ~ stated ~ ~e ~a~i ~s ~ bi~ f~ the v~k. 6 10. ~eter~.s Prefe.~e~ce. It sha~ ~nclude, Lu a~ contracts for w~k on ~y projects f~ded ~der the ~t a~ent ~ch ~volve la~r, such p~o~ ~ ~e mec~s~y to ~e t~t, ~ the ~plo~emt of 1a~ (e~e~t ~n execut~ve~ a~trative, ~d ~md ~sabled vet~ ~ defied ~ ~c~ion 51~{e)(1) ud (~) of the ~r~rt ~d ~ay ~v~ent &ct of ]98R. However~ t~ ~eference · ~'apply o~ ~h~e the ~n~d,,-~s ~e av~lable ~d q~Xed to ~f~ the w~k %o ~ch the ~plo~ent relates. ]]. C~o~ty to Plus ~d S~c~Xcatio~. It ~11 e~cute the project subject to pln~, s~c~Xcat~o~ ~d sched~es app~ved ~ the ~et~y. Such pl~, s~c~icat~o~ ~d sched~es s~l ~ su~ ~tted to th~ ~et~y p~ to e~enc~ent of slte ~e~atton, co~truct~on, or oth~ .~o~ce ~d~ t~ ~t a~e~ent, ~d, u~n app~v~ by the ~et~y, n~ ~ ~ncor~rated ~to a~e~ent. ~y mo~Cat~o~ to the a~ved pl~, ~d sched~es s~ ~so ~ subject to approv~ ~ the ~et~y ~d ~ncor~at[on ~nto the ~t a~e~t. Const~ctlon' Inspection ~d ~pp~ov~. It ~11 ~de c'~tent tec~c~ su~r~sion at the co~truct~on s~te t~ou~out. the project to ~s~e t~t the w~k co~ ~th the s~c[ficat~o~, ~d s~ed~es ap~oved ~ the ~et~y f~ the pro,eot. It s~-~l subject the eo~truct~on ~rk on ~y cont~ed ~n ~ approved P~Ject appl~cation to ~ct~on ~d app~ by the ~et~y ~d such w~k a~ ~ ~ accord~ce re~at~o~ ~d proced~es ~es=~d by the ~et~y. ~ch re~a- required to l~otect :l. nstrunent; and v'ls,~ operations to the airport (! .~c!udtn~; establ:tshed n~n.~un f].:l, ght nlt~tudes) by p~even~ng or con~olled by It ~ over ~ch ~ ~ l~d ~e ~s~ct~on. ~pat~ble ~d Use. 'It ~ ~e-app~p~ate action, ~nclu~ the ~pt[on of' zo~6E la~, to the e~ent redouble, to restrict the ~,, of l~d' adjacent to o~ tn the ~edta2e ~ct~ty of the to act~t~es ~d p~s~ c~pat~ble ~th no~ ~rt o~rat~o~, ~n~:ludtnE l~nE ~d t~eoff of ~rcr~t. In addit~on, ~t ~ not ~ i meduoe Zhe c~t~b~ty~ ~th ~es~ct Zo the ~~ of the nc se ~~ ~~tati~ me~es u~n ~ch Fed~ f~ ~ve ~en e~nded. ad~ t~o~s and procedures sh~l require such cost end pro~ess reporting by the s~ or s~ors of such ~oJect ~ the ~e~y s~l d~- necess~y.. . - 13. Ogerat~on ~d Ym~n~e~ce. It ~%~ s~tably o~a~e ~d ~nt~n n~ise pro~ ~pl~entation lt~-~ t~t it o~ ~ controls u~n w~ch Fed~ f~ ~ve ~en e~nded. 14[ ~[z~d ~eveutlon. It ~11 protect such t~~ ~pace ~ is 'l 6. Re~orts a~d Inspect~OnSo It will su~t to the Sec. retary such or special financial and operations reports ~s the ~ecretary ~ey reasonably request° Zt will also make records and documents relating to the l~-oJect, ~nd continued compliance with the cond~t:~on~e a~d ~_~su~ances c~ tbs ~'ant a~eement :~ncluding deeds, ~e~.~as~ &s~ee~en;s, regu~ations~ and o;h~r' ~-~tr~nts~ re~o~e Land flor Federa/ Facilities. [t ~11 furnish ~thou~ co~t to the Federal Government far use In connection with any air traffic control ectiv~t~e~ related to ~ ~~ ~?ntrol~ ~y ~e~ ~ l~d p~c~ed ~d~ t~ ~t a~e~ent ~ the ~et~y eo~d~s Fed~ e~e o~ s~e ~ facilities f~ such ~ses. Such ~-e~ ~ ~y ~t~on thc-eof ~11 ~ ~de syllable ~ ~o~ded herein ~t~n fo~ mont~ ~t~ receipt of a ~tt~ re,est f~ the Se~et~y. Civil Rights. I~ ~%11 ccmpl~ m~%h such l~les as are lz~mul~ated to ~s~e t~t no ~son s~l, on the ~o~ of race, ~eed~ eolo~ nat~on~ ~n, sex, age, ~ h--~cap ~ e=luded f~ in ~y acti~ty conducted ~th ~ ~nefit~g f~ f~ received fr~ t~s ~t. T~s ~s~ce obli~tes the s~ for the ~r~od d~ing w~ch Fed=~ fi~--ci~ ~sist~oe ~ e~ded to the e=ep~ wh=e Fed~-~ fi~--ci~ ~sist~ce ~ to ~o~de, ~ is f~ of ~so~ ~o~ty or re~ ~o~-ty ~ ~est therein or struc~es or ~prov~ents th~eon, ~n ~ch c~e the ~s~e o~igates the s~or or ~y tr---feree f~ the long~ of the fo~o~ng ~iods~ (a) the ~riod d~ng w~ch the ~-o~r~2 is ~ed f~ a p~se f~ w~ch Fed~ fi~nc~ ~s~st~e Is e~ended, f= ~oth~ p~se Invol~ng the ~s~ of ~1~ s~es ~nefits or (k) the ~riod d~ng w~ch the s~ re~ or ~s~sion of the .pro~rty. En~neering and Design Services. It ~LI award each contract or subc. ontract for program ~g~ent, co~2ruc2ion ~g~ent, . p!~ng etudes, fe~i~ty stu~, ~tec~ s~ees, prelacy en~neer~g, d~i~, en~nee~, s~e~g, ~pping, ~ related s~ces ~h r~t to the ~Ject ~ the s~e =~er ~ a contract f~ ~-c~ect=~ ~d en~ne~ s~ces ~ ne~tiated ~d~ ~tle ~ of the F~d~ ~o~ty ~d A~*~trative S~-~ces Act of ~9~9 or .~ eq~eut.'qu~catlo~-~ed re~ent .pr~=i~d for or by the s~ of the ~~. · Foreign Me.-kef Restrictions. It ~-11 not allow funds provided under {~ grant to be' ,used to fund any project which 'uses any product ca- eerv~e of a foreign country dc'lng the ~-'iod in which such f=-~ign country is listed by the United $'.ates Trade Re~-esen;a'J_ve ~s denying fair and equ/table ms.-kef opportunlt~es f~r ~-oducts and suppLi~-s of the United $'.atas in procm-ement and construction. 21. 8 Fca" land puro~,,,,,ed under grant befcre, m, ~t~ ~o~r 30, 1987 n~bt ~ue at the e~t ~aoticaMe ~e. ~t ~~ of tb ~cee~ off s~h ~lt~on e~ch ~ ~o~rt~te to the U~ted States s~e o~ ao~ition ~ such l~d ~11, at the ~s~et~on ~ the ~et~y, 1) ~ ~d to the ~et~y f~ de,sit ~n the T~t F~d ~ 2) ~ rear. ted ~ ~ spayed no~e c~ti~ity ~oJect Disposition of such land will be eubJeot to tho retentio~ c~ ~eser- ration on any interest ca- right therein necessary t.o ensure that such land ~ only ~." used fo~ purposes which are o~patible with noise levels associated with the 9pera~Ica of the