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