HomeMy WebLinkAbout5219RESOLUTION NO. 5 219
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN AIRPORT
DEVELOPMENT AID GRANT OFFER, PROJECT NO. 3 08 0016 Ol
FROM THE UNITED STATES OF AMERICA RELATING TO THE
DEVELOPMENT OF THE PUEBLO MEMORIAL AIRPORT
BE IT RESOLVED by the City Council of the City of Pueblo, Colorado:
SECTION 1:
That the City of Pueblo shall accept the Airport Development Aid Grant
Offer from the United States of America for the purpose of obtaining Federal
Aid for the Development of Pueblo Memorial Airport and that such Grant Offer
shall be as attached hereto.
SECTION 2:
That the City of Pueblo does hereby ratify and adopt all statements,
representatives, warranties, covenants, and agreements contained in the
Application for Federal Assistance which is incorporated by reference in
said Grant Offer.
SECTION 3:
That the President of the City Council is hereby authorized and directed
to execute said Airport Development Aid Grant Offer on behalf of the City of
Pueblo and the City Clerk is hereby authorized and directed to attest said
execution and impress thereon the Official Seal of the City of Pueblo.
SECTION 4:
A true copy of the Grant Offer referred to is attached hereto, incorporated
INTRODUCED AUGUST 8, 1983
BY P2ike Salardino
COUNCILMAN
APPROVED BY:
7 11,1,Y1t'-t11 �
PRESDIENT OF THE OUNCIL
I, MARIAN D. MEAD, the duly qualified and acting City Clerk do hereby certify
herein, and by reference made a part hereof.
that the foregoing Resolution was duly adopted at a Regular Meeting of the City
Council of the City of Pueblo, Colorado held on the 8th day of August, 1983 and
that said Resolution has been compared by me with the Original hereof on file in
my office and is a true copy of the whole of said Original.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of the City of
Pueblo this 8th day of August, 1983.
Page 1 of 4 pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 - Offer
Ju Date of Offer
41
Pueblo Memorial Ai rport /FA1(&xm kvtgxAre&
Project No. 3 -08- 0046 -01
Contract No. DOT- FA83NM -1042
TO: City of Pueblo, Colorado
(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
May 20, '1983 for a grant of Federal funds for a project at the
Pueblo Memorial Ai rport/fcbenn*xg;xkma together
with plans and specifications for such development project, or the planning work
definition for such Planning Project, 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:
Rehabilitate drainage system
all as more particularly described in the Project Application.
FAA Form 5100 -37 PG 1 (8 -82)
Page 2 of 4 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of
the Airport and Airway Improvement Act of 1982, 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, 90.00%
This Offer is made on and subject to the following terms and conditions:
Standard Conditions
1. The maximum obligation of the United States payable under this
offer shall be $ 303,000 which is comprised of:
$ _0_
for
planning
$ 303,000
for
development other than land
$ _0_
for
land acquisition
2. 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 comply with the Airport and Airway Improvement
Act of 1982 and 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 fully comply with the Part V Assurances which are
attached to and become a part of this offer.
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
St-ptPmhPr 26- 1983 or such subsequent date as
may be prescribed in writing by the FAA.
FAA Form 5100 -37 PG 2 (8 -82)
Page 3 of 4 pages
The following special assurances are added to Part V Assurances attached to this
offer:
33. The Federal Government does not now plan or contemplate the construction of
any structures pursuant to paragraph 15 of Part V, Assurances, of the application
dated May 20, 1983 and therefore it is understood and agreed that the sponsor
is under no obligation to furnish any new areas or new rights without cost to the
Federal Government under this grant agreement. However, it is agreed and under-
stood that the rights of the United States to cost free areas obtained under
unexpired grant agreements with the sponsor are extended for twenty years from
the date of this grant agreement. Furthermore, the responsibility for paying
the cost of relocating any facilities located in such cost free areas shall be
made in accordance with Advisory Circular 150/5300 -7B, FAA Policy of Facility
Relocations Occasioned by Airport Improvements or Changes.
FAA Form 5100 -37 PG 3 (8 -82)
Page 4 of 4 pages
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 said Offer and
Acceptance shall comprise a Grant Agreement, as provided by the Airport and
Airway Improvement Act of 1982, constituting the 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 AMERICA
FEDERAL IIATIONADMMINI
4.44 By ... 1 : �� - 409 ............
Manager, Denver Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the Project Application and
incorporated materials referred to in the foregoing Offer and does hereby accept
said Offer and by such acceptance agrees to all of the terms and conditions
thereof.
Executed this 8 TH day of AUGUST , 1983.
(SEAL)
Att est: . .�. •.... ;: �..A..
IAN D. MEAD
Title: :tY.���I'� .............0....
CERTIFICATE OF SPONSOR'S ATTORNEY
Gi.t y. A.f. hupW A d. M 4 Ca ....... .
(Name of Sponsor)
By
Melvin H. Takaki
Title ..,Prec4dent,. City. CouaciI....
1, THWAI S E. JAGGER , acting as Attorney for the Sponsor do hereby certify:
That I have examined the foregoing Grant Agreement and the proceedings taken
by said Sponsor relating thereto, and find that the Acceptance thereof by said
Sponsor has been duly authorized and that the execution thereof is in all
respects due and proper and in accordance with the laws of the State of
Colorado and the Act and further that, in my opinion, said Grant Agreement
constitutes a legal and binding obligation of the Sponsor in accordance with the
terms thereof.
Dated at PUEBLO, COLORADO this 8 th
day of August 19$3..
T4Or4AS E. JN
Ti tl e. C.i tY. Pt 9MY...... .
cAA cnrm ;inn- PG 4 (8 -82)
?ART V
ASSURANCES
These assurances are to be attached 'a and become a part of this grant
agreement.
For airport development or o'ects , these assurances S hall remain Ln full
force and e throughout the useful life of the facilities developed
under this ?ro.ject, but Lz any event not to exceed tWenty (20) years
from the date of said acceptance of an offer of Federal aid for the
?ro However, these limitations on the duration of the covenants do
not apply to the covenant against exclusive rights and real property
acquired with Federal funds.
F o r O lannl=2 Oro ' ec is , only assurances no. 1 ( marked) , 2, 3, 11 , 1 6 , 25 ,
26, 30, 31, and 32 appply, unless other^aise specified in the grant
agreement.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements It will comply with the following laws,
regulations, policies, guidelines and requirements as they relate to
the application, acceptance and use of Federal Bands for this project:
-Federal T-a islation
a. Federal Aviation Act of 1958
b. Hatch Act
c. Federal Fair Labor Standards Act }
d. Davis -Bacon Act
e. Uniform Relocation Assistance and Real ?roperty
Acquisition ?clicies Act of 1970 - Titles II and III }
f. National Historic ?reservation Act of 1966 - Section 106
g. Archeological and Historic ?reservation Act of 1966
h. Flood Disaster ?rotection Act of 1973 - Section 102(a)
i. Rehabilitation Act of 1973 - Section 504, Section 503
,j. Civil Rights Act of 1964 - Title VI }
k. Aviation Safety and Noise Abatement Act of 1979 �
1. Age Discrimination Act of 1975
m. Architectural Barriers Act of 1968
n. Vietnam Ira Veterans' Readjustment Assistance Act
of 1974 - Section 402
o. Air^ort and Airway Improvement Act of 1982
O. ?owerolant and industrial Fuel Use Act of 1978 - Section a03
'ederal Regulaticn
a , 19 C^? ?art 21 - Nondiscrimination in Federally- Assisted ?rogrsms
of the Decar *.Went of Transportation - If fectuation of Title III
of the Civ_1 Rights Act of ' 964. }
FAA Form 5100 -100 (8 -82)
N
b. U9 CFR ?art 23 - 'Participation by Minority 3usiness Enterprise
in Department of Transportation Programs.
c. 1 9 CRR ?art 27 - Von- Discri7ination on the Basis of Handicap in
?rcgrams and Activities Receiving or 3enefitting from Federal
Financial Assistance.
d. 41 CFR ?art 50 - Office of Federal Contract Compliance ?rograms,
Equal Employment Opportunity, Department of Labor (Federal and
Federally- assisted Contracting Requirements, Including those
Relating to Disabled Veterans and Veterans of the Vietnam Era
and Handicapped Workers) . s
e. 14 CFR ?art 150 - A_Jr7ort Noise Compatibility Planning. *
Office of Manazement and Budget Circulars
a. A -95 - Evaluation, Review and Coordination of Federal
and Federally Assisted ?rogrsms� and Projects.
b. A -102 - Uniform Requirements for Assistance to
State and Local Governments. *
c. FMC -74-4 - Cast Principles Applicable to Grants and
Contracts with State and Local Governments. *
Executive Orders
a. 11246 - Equal Employment Opportunity in Federal and Federally
Assisted Contracting. *
b. 11593 - Historic Preservation.
c. 11288 - Prevention, Control and Abatement of Water Pollution.
d. 11926 - Evaluation of Flood ?hazards.
Specific assurances required to be included in grant agreements by any
of the above are incorporated by reference in this grant agreement.
:terns marked with ( *) apply to both development and planning grants.
2. Conslstencv with Local Plans. The project is reasonably consistent
with plans (existing at the time of approval of the project) of
public agencies authorized by the State in which such airport is
located to plan for the development of the area surrounding the
airpert and will contribute to the accommlizhmert of the ourooses
of the Act.
3. Spersor Fund Ayailabi,ity It has suf°icians funds available for that
porsion of the project costs which are not to be paid by the United
States and sufficient f to assure operation and maintenance of
the "acilit;: "or the purposes ccnstr• _
AA Form 5100- 100
J
-�. Authority of Soorsor It has legal authority to apply for t. ".e grant,
and to finance and construct the proposed : "ac- -ties; 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, includ ;ng all understandings and assurances
contained therein, and directing and authorizing the person identified
as the official recresentative of the aonlicant to act in connection
with the application and to provide such additional information as
may be required.
5. Good Title to Airport It holds good title, satisfactory to the
Secretary, to the landing area of the airport or site therefor, or will
give assurance satisfactory to the Secretary that good title will be
acquired.
5. Consideration of Local Interest It has given fair consideration to
the interest of communities in or^neMz which the project may be located.
?. ?ublic 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 the goals and objectives of such
planning as has been carried out by the community and shall, when
requested by the Secretary, submit a copy of the transcript to the
Secretary.
3. Air and Water Quality Standards In projects involving airport
location, a major ^•snway 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 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 ?rctection agency, certification shall be obtained
from such Administrator. Votice of certification or refusal to
certify shall be provided within silty days after the project
appl ication ':as been received by the Secretary.
?. Eccnc - Vondiscriminaticn It will make its airport available as
an airport for public use on fair and reasonable terms and without
unjust discrimination, to all types, krods, and classes of
aeronautical uses . ^.eluding the requirement that (A) each air
carrier using such airport (whether as a tenant, nontenant, or
subtenant of another air carrier tenant) shall be subject to such
IAA ?crm 5100 -'CO 1, 3-,32)
a
ncndiscrininatory and substantially comparable rates, fees, rentals,
and other charges and such nondiscriminatory and substantially
comparable rules, regulations, and conditions as are applicable to
all such air carriers which make similar use of such airport and
which utilize similar facilities, subject to reasonable classifications
such as tenants or rontenants, and combined passenger and cargo flights
or all cargo flights, and such classification or status as tenant
shall not be unreasonably withheld by any airport provided an air
carrier assumes obligations substantially similar to those already
imposed on tenant air carriers, and (B) each fixed -based operator at
any 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 utili.- ing
the same or similar facilities, and (C) each air carrier using such
airport shall have the right to service itself or to use any fixed -base
operator that is authorized by the airport or permitted by the airport
to serve any air carrier at such airport, and (D) that 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 engag - °in any aeronautical activity
for furnishing services to the public at the airport, the sponsor
will insert and enforce provisions requiring the contractor- -
(1) to furnish said services on a fair, equal, and not unjustly
discriminatory basis to all users thereof, and
(2) to charge fair, 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.
(B) that 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 and repair) that it may choose to perform, and (y) in
the evert 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 contractors or concessionaires of
the sponsor .ender these provisions.
?rovi.ded, that the sponsor may establish such fair, equal, 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 ai rport; and provided further, that the sponsor may prohibit
or _unit any gi•ren type, !kind, or clasp of aeronautical use of the
airport if suc : action is necessary for the safe ooeraiton of the
airport or necessary tc service the civil aviation reeds of the public.
,?_A 7== 5 , 00 -100 '13-82)
7
1v. . 7 xC I U347e 3iaht5 It wil'_ permit ro exclusive right for the use of
the airport by any persons providing, or intending to provide,
aeronautical services to the public. For purposes of this paragraph,
the providing of services at an airport by a single fixed -based
operator shah not be constr=ued as an exclusive right if both of
I
he following apply: (1) It would be unreasonably costly, burdensome,
or impractical for more than one fixed -based operator to provide
such services, and (2) 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, or at any other airport now owned or controlled by
it, 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 ter-
minate any exclusive right to conduct an aeronautical activity now
existing at such an airport before the grant of any assistance under
the Airport and Airway Improvement Act.
11. Airport Operation and Maintenance It will suitably operate and
maintain the airport and all facilities thereon or connected therewith,
with due regard to climatic and flood conditions.
It will operate and maintain in a safe and serviceable condition
and in accordance with the :minimum standards as may be required
or prescribed by the applicable Federal, State and local agencies
for maintenance and operation, 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, and will
not permit any activity thereon which would interfere with its
use for airport purposes; provided, that 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; and provided further, that nothing herein shall be
construed as requiring the maintenance, repair, restoration, or
replacement of any stricture or facility which is substantial y
damaged or destroyed due to an act of God or other condition or
' :'A ?orm 5100 -10o
A
circimstance beyond the control of the sponsor. In furtherance
of this covenant, the sponsor Ni11 have in effect at all times
arranzements for --
^)perating the airport's aeronautical facilities whenever
reC °d;
b. °romptly writing and lighting hazards resulting from airport
conditions, including temporary conditions; and
c. Promptly notif men ying air of any condition affecting aeronautical
use of the airport.
12. Hazard Removal and Mitigation It will adequately clear and protect
the aerial approaches to the airport by removing, lowering, relocating,
marking, or lighting or otherwise mitigating ex_st_ng airport hazards
and by preventing the establishment or creation of future airport
hazards.
13. Compatible Land Use It will take"'aopropriate 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.
14. Use by Government Aircraft. It will make available all of the
facil ities 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 other -wise
determined by the Secretary, or other -prise agreed to by the sponsor
and the using agency, substantial use of an airport by government
aircraft gill 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 ad acent thereto; or
b. '^e total number of movements ( counting each landing as a
movement) of government aircraft is 300 or --ore, or the gross
accumulative weight of government aircraft using the airport
;the total movements of government aircraft multiol ed by
gross weights Of such a= r :rsft) is in ex-cess Of five = 4 62.2. ion
:Ounds.
•
' -and ^r - ederal 1 aC_ eS _ al . f"urnish dl's .OU+, cost to the
Federal 0overnment for constrsction, operation and _a-J.. nce of
TIA Form ='00 -100 (3 -52)
7
facilities for, and uses 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, or rights in buildings
of the sponsor as the Secretary considers necessary or desirable
for construction 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
written requests from the Secretary.
16. Standard Accounting Svstems It will keep all project accounts and
records in accordance with a standard system of accounting prescribed
by the Secretary.
17. Fee and Rental Structure It will maintain a fee and rental structure
for the facilities and services being provided the airport users which
will make the airport as self - sustaining as possible under the
circumstances existing at that particular airport, taking into account
such factors 'as the volume of traffic and economy of collection,
except that no part of the Federal share of an airport development
or airport planning project for which a grant is made under this
title or under the Federal Airport Act or the Airport and Airway
Development Act of 1970 shall be included in the rate base in
establishing fees, rates, and charges for users of that airport.
18. Reports and Inspections. It will submit to the Secretary such annual
or special airport financial and operations reports as the Secretary
may reasonably request and will 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.
19. Airport Revenue It will expend all revenues generated by the
airport, if it is a public airport, 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 directly related to the actual transportation
of passengers or property: Provided, however that if covenants
or assurances in debt obligations previously issued by the owner
or operator of the airport, or provisions 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 other revenues
generated by the airport shall not apply.
AAA Form 5100 -100 (842)
8
20. Consultation with Users In making a decision to undertake any
airport development project under this title, it shall undertake
reasonable consultations with a f fected parties using the airport
at wh ich t he project is proposed.
21. Termi ^al Development Prerecuisites Tor projects which include
terminal development, it has, on the date of submittal of the project
grant application, all the safety equipment required for certification
of such airport under section 612 of the Federal Aviation Act of
1958 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 or deplaning from
aircraft other than air carrier aircraft.
22. Construction Inspection and Approval It shall subject the construction
work on any project for airport development contained in an approved
project grant application to inspection and approval by the Secretary
and such work shall be in accordancre. 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.
23. Minimum Wage Rates. It will include, in all contracts in excess of
$2,000 for work on projects for airport development approved under
I
his title 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.
24. Veterans Preference It shall include, in all contracts for work
under project -grants for airport development 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 veterans of the Vietnam
era and disabled Veterans as defined in Section 515(c)(1) and (2)
of the Act. However, this preference shall apply only where the
individuals are available and qualified to perform the work to
which the employment relates.
25. Audits and Recordkeeo insr Recuirements. It shall keep such records
as the Secretary may prescribe, including records which fully
disclose the amount and the disposition tv the recipient of the
proceeds of the grant, the total cost of the plan or program in
connection with which the grant i3 given or used, and the amount
: 100 -100 ! -�2
g
and nature of that portion of the cost of the plan or program
supplied by other sources, and such other records as wi'_1 facilitate
an eff °Ct_J7e audit and it shall make available to the Secretary and
the Comptroll veners1 of the United States, or any oI' their
duly authorized representatives, for the purpose of audit and
examination, any hocks, documents, papers, and records of the
recipient that are pertinent to grants received under this title.
The Secretary may require that an appropriate audit be conducted
by a recipient.
26. :audit Reports In anv 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 plan or program in
connection with which the 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 months following the close of
the fiscal year for which the audit was made.
27. Local Aocroval. In projects involving the construction or extension
of any runway at any general aviatfbn airport located astride a line
separating two counties within a single state, it has received aporoval
for the project from the governing body of all villages incor- orated
ender the laws of that state which are located entirely within five
miles of the nearest boundary of the airport.
28. Civil Riahts It will comply with such rules as are promulgated
to assure 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 benefitting from
funds received from this grant.
29. A roort Layout ?!an It will keep up to date at all times an 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; (2) the location and nature
of all existing and proposed airport facilities and structures (such
as ru.nways, taxiways, aprons, terminal buildings, hangars and roads),
including all proposed extensions and reductions of existing airport
facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such
airport layout plan and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary wi
approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the _ -f ace of the ai r ,)or} layout
plan. The sponsor will not make or permit any changes or alterations
in the a ir po rt or in anv of its facilities other t han :n confor=
with the airport layout plan as so aporcved 'py the Secretary if
such changes or alterations might adversely affect the saf ety,
utili`, or effi ciency of the air ^ors.
?I.A Form 5100-100 (�-852)
10
30. ?rsser7inz Air-�ort ?iahts and ?owers It will not enter into any
transaction which would operate to deprive it of any of the rights
and powers necessary to perform any or all of the assurances herein
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 interefere with such performance by
the sponsor. '"his shall be done in a manner acceptable to the
Secretary.
it will not dispose of or encumber its title or other interests in
the site and facilities during the period of Federal interest or
while the Government holds bonds, whichever is the longer. The
obligation to perform all such covenants may be assumed by another
public agency found by the Secretary to be eligible under the Act
to assume such obligations and having the power, authority, and
financial resources to carry out all such obligations. If an
arrangement is made for management or 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 insure that the airport will be operated and maintained in
accordance with the Act, the regulations and these covenants.
31. Construction Accomplishment It will execute the project in
accordance with plans, specifications, and schedules as approved
by the Secretary, and incorporated herein, or with modifications
similarly approved, and will provide and maintain competent
technical supervision at the construction site to assure that
completed work conforms with the approved plans and specifications.
32. Kannira ?rojects In carrying out planning projects, that:
a. It will furnish the Secretary with such periodic reports as
required pertaining to the planning project and planning
work activities.
b. It will include in all published material prepared in connection
with the planning project a notice that the material was prepared
under a planning grant provided by the Secretary.
c. It will make such material available for examination by the
public, and agrees that . ^.o material prepared with funds under
this project shall be subject to copyright in the United States
or any other country.
d. St will gi the Secretary unrestricted authority to publish,
disclose, distribute, and otherwise use any of �he material
prepared in connection with this .grant.
?AA Form ,100 -100 (3 -32)
a
e. It will grant the the Secretary the right to disapprove t "e
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.
f. 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.
g. it understands and agrees that the Secretary approval of this
project grant or the Secretary approval of any plarni. g material
developed as part of this grant does not constitute or imply
any assurance or committment on the part of the Secretary
to approve any pending or future application for a Federal
airport grant.
7AA Form 5100 -100 (8-82)