Repository: UIHistories Project: Board of Trustees Minutes - 1978 [PAGE 419]

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408

BOARD OF TRUSTEES

[September 21

sanctions for noncompliance. Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The Sponsor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in 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 wort 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 the subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the secretary of labor, that it will furnish the administering agency and 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 g u a r a n t e e ) ; 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. 8. The 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). 9. The Sponsor will send a copy of all invitations for bids, advertised or negotiated, for concessions or other business at the airport to the appropriate Office of Minority Business Enterprise (OMBE) representative as identified by the FAA Regional Civil Rights Office. The Sponsor will disclose and make information about the contracts, contracting procedures, and requirements available to the designated O M B E 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 paragraph will be deemed to constitute compliance by the Sponsor with requirements of 49 CFR 21 Appendix C (a) (1) (x), Regulations of the Office of the Secretary of Transportation. 10. T h e Sponsor hereby covenants that it will not permit any permanent-type structures, other than structures 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,