Repository: UIHistories Project: Board of Trustees Minutes - 1980 [PAGE 624]

EXTRACTED TEXT FROM PAGE:

1980]

UNIVERSITY O F ILLINOIS

613

Federally assisted construction work: Provided, that if the applicant so participating is a State or local Government, the above Equal Opportunity clause is not applicable to any agency, instrumentality, or subdivision of such Government which does not participate in work on or under the contract. The Sponsor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Sponsor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the Equal Opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part I I I , Subpart D, of the Executive Order. In addition, the Sponsor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan insurance, or guarantee); refrain from extending any further assistance to the Sponsor under the program with respect to which the failure or refund occurred, until satisfactory assurance of future compliance has been received from the Sponsor; or refer the case to the Department of Justice for appropriate legal proceedings. T h e Sponsor hereby covenants and agrees that financial records of this project shall be established, maintained, and made available to appropriate personnel in conformity with Section 152.63 of the Regulations of the Federal Aviation Administration (14 CFR 152). The Sponsor hereby covenants that it will not permit any permanent-type structures, other than structures as may be specifically required for aids to air navigation and such other structures as may be specifically excepted in writing by the FAA, to be erected on, and that it will cause any existing structures to be removed from, each area identified on the "Exhibit A " as "clear zone" or any portions thereof, concerning which the Sponsor has acquired a fee interest with Federal financial assistance, irrespective of whether such structures constitute an obstruction to air navigation. It is understood and agreed that any and all reference to the term "Office of Management and Budget Circular No. A-102," as the same may appear in this, agreement and any document incorporated and made a part thereof, shall be deemed to read and mean "General Services Administration Federal Management Circular FMC 74-7." It is also understood and agreed that wherever the term "Project Application" appears in the agreement or in any other documents constituting a part of this agreement, it shall be deemed to mean "Application for Federal Assistance, FAA Form 5100-100." It is understood and agreed by and between the parties hereto that, should evidence be discovered during construction, that objects of archeologic or historic interest may be unearthed, then construction will be halted for a reasonable time to enable the responsible State official to assess the matter. This project and all work performed thereunder is subject to the Clean Air Act and the Federal Water Pollution Control Act. Accordingly: a. The 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.

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