CONTRACT 3909 Grant Agreement396-9.,,.
U.S. Department
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
Part I - Offer
Date of Offer: March 2, 2009
Los Angeles International Airport /Planning Area
Project No. 3 -06- 0139 - 056 -2009
TO: City of El Segundo
(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 Project Application dated February 11, 2009 for a grant of Federal
funds for a project at or associated with the Los Angeles International Airport/Planning Area which Project Application, as
approved by the FAA, is hereby incorporated herein and made part hereof; and
WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project') consisting of the
following:
Noise mitigation measures for residences within 65-69 DNL in the city of El Segundo
(approximately 70 dwelling units).
all as more particularly described in the Project Application.
Page 1 of 4 Pages
3 cs :.
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as
amended, herein called the "Act," and in consideration of (a) the Sponsor's adoption and ratification of the representations
and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the
benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the
assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF
OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs
incurred in accomplishing the Project, 80 percent of those eligible project costs.
The Offer is made on and subject to the following terms and conditions:
Conditions
The maximum obligation of the United States payable under this offer shall be $2,790,345.00.
For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the
United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this
purpose:
$ 0.00 for planning
$ 2,790,345.00 for airport development or noise program implementation.
The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration
as to allowability under the Act.
3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with
the provisions of such regulations and procedures as the Secretary shall prescribe. 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.
4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof,
and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances
which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall 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 March 3, 2009 or such subsequent date as may be
prescribed in writing by the FAA.
7. 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 manner in 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 disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant
agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share
of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or
judgment, to the Secretary. It shall 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 shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from,
or be incident to, compliance with this grant agreement.
9. Buy American Requirement. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the United States, to be used for any
project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will
include in every contract a provision implementing this special condition.
Page 2 of 4 Pages
10. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted based on
estimates for the described airport development or noise program implementation; and the parties hereby covenant
and agree that within 90 days from the date of acceptance of this Grant Offer, the Sponsor shall receive bids for the
approved project contained within the grant description.
11. No payment shall be made under the terms of this grant agreement for work accomplished on privately owned land
until the sponsor submits the agreement with the owner of the property required by Assurance 5d of the Part V
Assurances and such agreement is determined to be satisfactory. As a minimum, the agreement with the private
owner must contain the following provisions:
11.1. 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 of the measures as
may reasonably be requested by the Secretary or the sponsor.
11.2. The property owner shall assume the responsibility for maintenance and operation of the items installed,
purchased or constructed under this grant agreement. Neither the FAA nor the sponsor bears any
responsibility for the maintenance and operation of these items.
11.3. If Federal funds for the noise compatibility measures are transferred by the sponsor to the owner of the private
property, or the owner's agent, the property owner shall agree to maintain and make available to the Secretary
or the sponsor, upon reasonable request, records disclosing the amount of funds received and the disposition
of those funds.
11.4. The property owner's right to sue the owner of Los Angeles International Airport for adverse noise impact will be
abrogated if the property owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise
compatibility measures during the useful life of such measures. This obligation shall remain in effect
throughout the useful life of the noise compatibility measures, but not to exceed twenty (20) years from the date
of the sponsor's acceptance of Federal aid for the project.
12. The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its
disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to
this provision may cause the letter of credit to be revoked.
13. It is mutually understood and agreed that 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 $25,000.00 or five percent (5 %),
whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter from the FAA
advising of the budget change. Conversely, if there is an overrun in the total actual eligible and allowable project
costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to
exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further understood
and agreed that if, during the life of the project, the FAA determines that a change in the grant description is
advantageous and in the best interests of the United States, the change in grant description will be unilaterally
amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United
States is adjusted to the amount specified or the grant description is amended to the description specified.
14. The attached Assurances is incorporated hereto with the Grant Offer and is made a part hereof
Page 3 of 4 Pages
3909 -..4
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, as provided by the Act, 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 assurances and
conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this
Offer.
UNITED STATES OF #YERICA
FEDERAL AVIATIOOXDMINISA
Brian Q. Armstfong
Manager, Los Angeles Airport Dist ct Office
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 terms and conditions in this Offer and in
the Project Application.
Executed this ILA day of March, 2009.
By:
(SEAL)
Title:
Attest:
Title: e r
(Signature 61 Sponsor's
Kelly McDowell
(Typed Name of Sponsor's Designated4Kicial Representative)
Mayor
(Typed Title of Sponsor's Designated Official Representative)
CERTIFICATE OF SPONSOR'S ATTORNEY
Mark Hensley
1, , 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
California. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's
official representative has been duly authorized and that the execution thereof is in all respects due and proper 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 legal and binding obligation of the Sponsor in
accordance with the terms thereof.
Dated at city of El Segundo this 3rd day of March, 2009.
(Signature of Sponsor's Attorney)
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39 0 9 • ..'!
U.S. Department Western- Pacific Region 15000 Aviation Boulevard
of Transportatlon Los Angeles Airport District Office Lawndale, CA 90261
Federal Aviation
Administration
March 2, 2009
Jack Wayt
City Manager
City of E1 Segundo
350 Main Street
E1 Segundo, CA 90245 -0989
Dear Mr. Wayt:
Los Angeles International Airport
Project No. AIP 3 -06- 0139 - 056 -2009
Grant Offer
The Los Angeles International Airport, Fiscal Year 2009 Airport
Improvement Program No. 3 -06- 0139 - 056 -2009 has been approved. Enclosed
are three original copies of the grant offer, under which the United
States commits itself to participate in an allowable cost of the project
not to exceed $2,790,345.00.
Your acceptance of the grant offer will obligate the city of E1 Segundo
(sponsor) to accomplish the described development. An official of the
sponsor shall accept the offer on or before March 3, 2009 by signing the
enclosed instruments in the space provided.
The date of the execution of the grant offer should be the same as, or
later than, the date of the resolution. The certificate of sponsor's
attorney shall be the same as, or later than, the date of execution. When
the documents are fully executed, certified, attested, and appropriate
seals impressed, please return two original copies of the grant agreement
to this office and keep one original copy for your files.
Sincerely,
i
Brian Q. Armstron
Manager, Los Angeles Airport District Office
Enclosures
EL SEGUNDO CITY COUNCIL MEETING DATE: February 17, 2009
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding acceptance of a $2,800,000 grant from the Federal
Aviation Administration (FAA) to be used for the Residential Sound Insulation (RSI) Program.
RECOMMENDED COUNCIL ACTION:
1. Accept a grant from the Federal Aviation Administration (FAA) in the amount of
$2,800,000;
2. Authorize the Mayor to execute the FAA Grant Agreement; and /or
3. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Potential
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: James S. O'Neill, Program Manager
REVIEWED BY: Greg Carpenter, Director of'Plan m and Building Safety*
APPROVED BY: Jack Wayt, City Manage)
BACKGROUND AND DISCUSSION:
On February 10, 2009, City staff was notified by the Federal Aviation Administration (FAA) that
it had received additional noise discretionary funding and that $2,800,000 was available for the
City of El Segundo. The funding is conditional upon the City providing an application for
funding, which staff will have completed by the date of the City Council meeting, and the City
executing a grant agreement no later than February 23, 2009.
Due to the late notice, a formal grant offer was not available to attach to the staff report, as is
typical of other grants received from the FAA.
The offer is in keeping with previous terms and conditions of previous FAA grants accepted by
the City. To date, the City has received fifteen (15) FAA grants totaling $34,808,880 and this
would be the City's sixteenth (16`x') FAA grant, bringing the total to $37,608,880.
Staff recommends that the City Council accept the FAA Grant Agreement to continue the
Residential Sound Insulation (RSI) Program. 'Co date, the City has completed RSI
Improvements on 894 homes. This new grant will be used after current FAA grants and the third
LAWA grant have been expended and is expected to help fund approximately improvements for
approximately 70 homes to be included as part of Groups 38 -51.
17 i
ASSURANCES
Non - Airport Sponsors Undertaking Noise Compatibility Program Projects
A. General.
1. These assurances shall be complied with in the performance of grant agreements
for noise compatibility projects undertaken by sponsors who are not proprietors of
the airport which is the subject of the noise compatibility program.
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. Sponsors are units of local government in the areas around the
airport which is the subject of the noise compatibility program.
3. Upon acceptance of the grant offer by the sponsor, these assurances are
incorporated in and become part of the grant agreement.
B. Duration.
The terms, conditions, and assurances, of the grant agreement shall remain in full force
and effect throughout the useful life of the facilities developed or equipment acquired or
throughout the useful life of the items installed under the project, but in any event not to
exceed twenty (20) years from the date of the acceptance of a grant offer of Federal funds
for the project. However, there shall be no time 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 as specified in the
assurance.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to
this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines and requirements as they relate
to the application, acceptance, and use of Federal funds for this project including
but not limited to the following:
Federal Legislation.
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a). 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.
f. National Historic Preservation Act of 1966 - Section 106 — 16
U.S.C. 470(f).
g. Archeological and Historic Preservation Act of 1974 — 469 through
469c.
h. Native American Grave Repatriation Act - 25 U.S.C. Section 3001,
et seq.
Nonairport Sponsor Assurances (3/2005)
i. Clean Air Act, P.L. 90 -148, as amended.
j. Coastal Zone Management Act, P.L. 93 -205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) — 42 U.S.C.
4012a.
I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d -4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L. 95 -341,
q Architectural Barriers Act of 1968 - U.S.C. 4151, et seq.
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403 — 42
U.S.C. 8373.
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.
t. Copeland Anti - kickback Act -18 U.S.C. 874.
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.
v. Wild and Scenic Rivers Act, P.L. 90 -542, as amended.
t. Copeland Anti - kickback Act -18 U.S.C. 874.
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.
v. Wild and Scenic Rivers Act, P.L. 90 -542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted
New Building Construction
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.
e. 9 CFR Part 3 - Contractors and subcontractors on public building or
public work financed in whole or part by loans or grants from the
United States.
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts
covering federally financed and assisted construction.
g. 41 CFR Part 60 - Office of Federal contract compliance programs, equal
employment opportunity, Department of Labor (Federal and Federally -
assisted contracting requirements).
Nonairport Sponsor Assurances (3/2005)
h. 49CFR Part 18 — Uniform administrative requirements for grants and
cooperative agreements to state and local governments.
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in Federally- assisted programs of
the Department of Transportation - effectuation of Title VI to the Civil
Rights Act of 1964.
k. 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition regulation for Federal and Federally assisted programs.
1.49 CFR Part 26 — Participation By Disadvantaged Business Enterprises
in Department of Transportation Programs.
m. 49 CFR Part 27 - Non - Discrimination on the basis of handicap in
programs and activities receiving or benefiting from Federal financial
assistance.
n. 49 CFR Part 29 — Government wide debarment and suspension (non -
procurement) and government wide requirements for drug free workplace
(grants).
o. 49 CFR Part 30 - Denial of public work contracts to suppliers of goods
and services of countries that deny procurement market access to U.S.
contractors.
p. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or
regulated new building construction.
Office of Management and Budget Circulars
a. A -87 - Cost Principles Applicable to Grants and Contracts with State
and Local Governments.
b. A -133 - Audits of States, Local Governments, and Non - Profit
Organizations.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor. It has legal authority to apply for the
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.
3. Sponsor Fund Availability.
a. It has sufficient funds available for that portion of the project costs, which
are not to be paid by the United States.
b. It has sufficient funds available to ensure operation and maintenance of
items funded under the grant agreement, which it will own or control.
Nonairport Sponsor Assurances (3/2005)
4. Good Title. For 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.
5. Preserving Rights and Powers.
a. It will not enter into any transaction, or take or permit any action that
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 the grant
agreement without the written approval of the Secretary, and will act 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.
It will not sell, lease, encumber, or otherwise transfer or dispose of any
part of its title or other interests in the property, for which it holds good
title and upon which Federal funds have been expended, for the duration
of the terms, conditions, and assurances in the 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
the 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 making binding upon the transferee, all of the terms, conditions and
assurances contained in this grant agreement.
For all noise compatibility 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 governmental unit. Except as otherwise specified by the Secretary,
that agreement shall obligate that governmental unit 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
project. That agreement and changes thereto must be approved in advance
by the Secretary.
d. For noise compatibility 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.
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 of Local Interest. It has given fair consideration to the interest of
communities in or near which the project may be located.
Nonairport Sponsor Assurances (3/2005)
8. 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 the grant, the total cost of the project in
connection with which the 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 should 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 the 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 the grant was given or used, it shall file a certified copy of such
audit with the Comptroller General no later than six (6) months following the close of the
fiscal year for which the audit was conducted.
9. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work
on any projects funded under the grant agreement which involve labor, provisions
establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in
accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a- 276a -5), which
contractors shall pay to skilled and unskilled labor, and such minimum rates shall be
stated in the invitation for bids and shall be included in proposals or bids for the work.
10. Veteran's Preference. It shall include, in all contracts for work on any project
funded under the grant agreement which involve labor, such provisions as are necessary
to insure that, in the employment of labor (except in administrative, executive, and
supervisory positions), preference shall be given to veterans of the Vietnam era and
disabled veterans as defined in Section 47117 of Title 49, United States Code. However,
this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
11. 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 by the
Secretary, shall be incorporated into this grant agreement. Any modifications to the
approved plans, specifications, and schedules shall also be subject to approval by the
Secretary and incorporation into the grant agreement.
12. 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 with the plans, specifications, and schedules approved by the Secretary
for the project. It shall subject the construction work on any project contained in an
Nonairport Sponsor Assurances (3/2005)
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.
13. Operation and Maintenance. It will suitably operate and maintain noise program
implementation items that it owns or controls upon which Federal funds have been
expended.
14. Hazard Prevention. It will protect such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight
altitudes) by preventing the establishment or creation of future airport hazards on
property owned or controlled by it or over which it has land use jurisdiction.
Nonairport Sponsor Assurances 3 -2005
15. Compatible Land Use. It will take appropriate action, including the adoption of
zoning laws, to the extent reasonable, 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, it will not cause
or permit any change in land use, within its jurisdiction that will reduce the compatibility,
with respect to the airport, of the noise compatibility measures upon which Federal funds
have been expended.
16. Reports and Inspections. It will submit to the Secretary such annual or special
financial and operations reports as the Secretary may reasonably request. It will also
make records and documents relating to the project, and continued compliance with the
terms, conditions, and assurances of the grant agreement including deeds, leases,
agreements, regulations, and other instruments, available for inspection by any duly
authorized agent of the Secretary upon reasonable request.
17. Civil Rights. It will comply with such rules as are promulgated, to ensure that no
person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap,
be excluded from participating in any activity conducted with or benefiting from funds
received from this grant. This assurance obligates the sponsor for the period during
which Federal financial assistance is extended to the program, except where Federal
financial assistance is to provide, or is in the form of personal property or real property
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.
18. Engineering and Design Services. It will award each contract or subcontract for
program management, construction management, planning studies, feasibility studies,
Nonairport Sponsor Assurances (3/2005)
architectural services, preliminary engineering, design, surveying, mapping, or related
services with respect to the project in the same manner as a contract for architectural and
engineering services as negotiated under Title IX of the Federal Property and
Administrative Services Act of 1949 or an equivalent qualifications -based requirement
prescribed for or by the sponsor.
19. 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.
20. Disposal of Land.
For land purchased under a grant for airport noise
compatibility purposes, 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, at the
discretion of the Secretary, (1) be paid to the Secretary for
deposit in the Trust Fund, or (2) be reinvested in an approved
noise compatibility project as prescribed by the Secretary,
including the purchase of nonresidential buildings or property
in the vicinity of residential buildings or property previously
purchased by the airport as part of a noise compatibility
program.
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, (1) upon
application to the Secretary, be reinvested in another eligible
airport improvement project or projects approved by the
Secretary at that airport or within the national airport system,
or (2) be paid to the Secretary for deposit in the Trust Fund if
no eligible project exists.
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
Nonairport Sponsor Assurances (3/2005)
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.
21. Relocation and Real Property Acquisition. (1) 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. (2) It will provide a relocation
assistance program offering the services described in Subpart C and fair and reasonable
relocation payments and assistance to displaced persons as required in Subparts D and E
of 49 CFR Part 24. (3) 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.
22. Disadvantaged Business Enterprises. The recipient shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of any DOT -
assisted contract or in the administration of its DBE program or the requirements of 49
CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of DOT - assisted
contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved
by DOT, is incorporated by reference in this agreement. Implementation of this program
is a legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the recipient of its failure to carry out its approved
program, the Department may impose sanctions as provided for under Part 26, 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).
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