Repository: UIHistories Project: Board of Trustees Minutes - 1980 [PAGE 369]

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358

BOARD OF TRUSTEES

[July 18

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a. T h e Sponsor hereby stipulates that any facility to be utilized in performance under the grant or to benefit from the grant is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. b. The Sponsor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. c. The Sponsor shall notify the FAA of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the grant is under consideration to be listed on the EPA List of Violating Facilities. d. T h e Sponsor agrees that it will include or cause to be included in any contract or subcontract under the grant which exceeds $100,000, the criteria and requirements in these subparagraphs (a) through ( d ) . Assurance Number 18 of Part V of the Project Application incorporated herein is amended by including at the end of the second sentence the following language: ". . . including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory 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 nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any Sponsor provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B) each fixed base operator using a general aviation airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such airport utilizing the same or similar facilities; provision (A) above shall not require the reformation of any lease or other contract entered into by a Sponsor before July 12, 1976. A Sponsor shall not require the reformation of any lease or other contract entered into by a Sponsor before July 1, 1975." It is understood and agreed that no part of the Federal share of an airport development project for which a grant is made under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.), or under the Federal Airport Act, as amended (49 U.S.C. 1101 et s e q ) , shall be included in the rate base in establishing fees, rates, and charges for users of the airport. It is understood and agreed by and between the parties hereto that, with regard to Number 31 of the Sponsor Assurances of FAA Form 5100-100, wherein reference is made to "Part I I , paragraph 7 ( a ) , 7 ( b ) , and 7 ( c ) , " such reference shall be deemed to refer instead to "Part I I , Section C, paragraphs 4 ( a ) , 4 ( b ) , and 4 ( c ) . " T h e Sponsor will send a copy of all Invitations for Bids, advertised or negotiated, for concessions or other businesses at the airport to the appropriate Office of Minority Business Enterprise (OMBE) representative as identified by the FAA Regional Civil Rights Office. T h e Sponsor will disclose and make information about the contracts, contracting procedures and requirements available to the designated OMBE representative and minority firms on the same basis that such information is disclosed and made available to other organizations or firms. Responses by minority firms to Invitations for Bids shall be treated in the same manner as all other responses to the Invitations for Bids. Compliance with the preceding will be deemed to constitute compliance by the Sponsor with requirements of 49 C F R 21 Appendix C ( a ) (1) ( x ) , Regulations of the Office of the Secretary of Transportation.