HomeMy WebLinkAboutLos Mexicanos Frutas y Antojitos a dba of BPM Temporary Use Permit For Non-Exclusive Mobile Food Vendor- 1-4-24 1 of 20
FRESNO YOSEMITE INTERNATIONAL AIRPORT
TEMPORARY USE PERMIT FOR NON-EXCLUSIVE MOBILE FOOD VENDOR
OPERATION OUTSIDE THE TERMINAL BUILDING
Issued By
CITY OF FRESNO, CALIFORNIA
To
BPM ENTERPRISES, INC.
Dba Los Mexicanos Frutas y Antojitos
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FRESNO YOSEMITE INTERNATIONAL AIRPORT
TEMPORARY USE PERMIT
THIS NON-EXCLUSIVE TEMPORARY USE PERMIT is issued this 1st day of April 2024,
by the City of Fresno, California, a municipal corporation (Permitter), acting by and
through the Airports Department’s Director of Aviation (Director), to BPM Enterprises, Inc.
dba Los Mexicanos Frutas y Antojos, a California Corporation Company (Permittee).
RECITALS
WHEREAS, Permitter owns and operates Fresno Yosemite International Airport (FAT),
formerly and also known as Fresno Air Terminal, a public use airport located in the City
of Fresno, State of California; and
WHEREAS, Permittee is a qualified and experienced mobile food vendor that is engaged
in providing hot and cold food options that can be prepared remotely on a truck or trailer
(Mobile Equipment) for sale and packaged in a manner to allow the food to handle travel
(including going through a Transportation Security Administration (TSA) check-point), and
desires to use FAT’s “Commercial Curb”, as detailed in Exhibit A attached hereto and
incorporated herein, to park their Mobile Equipment (on-site) to conduct these mobile food
sales in accordance with the terms, covenants, and conditions hereinafter set forth in this
Permit including incorporated exhibits, documents and instruments; and
WHEREAS, Permittee desires to park their Mobile Equipment at FAT’s “Commercial
Curb” (Premises) (See, Exhibit A) so Permittee’s employees can conduct these mobile
food sales; and
WHEREAS, Permittee has requested that Permitter issue a non-exclusive Temporary
Use Permit (Permit) authorizing Permittee to use Premises (see, Exhibit A), for a fee, for
a specific timeframe not to exceed six (6) consecutive months; and
WHEREAS, Permitter has determined that it is in the best interest of City and FAT to
issue this Permit to Permittee upon the terms and conditions herein; and
WHEREAS, pursuant to Resolution No. 91-279, "Resolution of the Council of the City of
Fresno, California, Authorizing Director of Aviation to Execute Temporary Permit
Agreements for the City" (passed by the City Council of City on July 16, 1991), the Director
of Aviation may authorize and execute a Temporary Use Permit for use of Airport property
for a term of up to six (6) months.
NOW THEREFORE, pursuant to Resolution No. 91-279, and in accordance with the
Fresno Municipal Code, and subject to all of the terms, conditions and limitations
contained within said Chapter of said Article, all of which are incorporated herein by
reference, and in consideration of the above recitals, which recitals are contractual in
nature, the mutual promises herein contained, and for such other good and valuable
consideration hereby acknowledged, this Permit is issued as follows:
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1. General: This Permit is issued subject to the terms, covenants, conditions,
agreements, and provisions herein contained and Permittee covenants and agrees,
as a material part of the consideration for this Permit, that Permittee shall fully and
faithfully comply with, keep, perform, and/or observe each and every term, condition,
and/or provision hereof to be complied with, kept, performed, and/or observed by
Permittee, and Permittee shall comply with all applicable laws of the United States,
the State of California and the City, and with all applicable regulations promulgated by
federal, state, regional, or local administrative and regulatory agencies, now in force
and as they may be enacted, issued, or amended during the term of this Permit.
2. Term: The Term of this Permit shall be for no more than six (6) consecutive months
commencing April 1, 2024, and ending September 30, 2024, unless terminated in
writing by either party during this Permit’s Term.
3. Fees and Charges:
a. Permit Fee and Percentage Fees:
(1) Monthly Permit Fee in the amount of One Hundred dollars ($100.00) due and
payable with the percentage monthly payment, no later than fifteen (15) days
after the expiration of each month. This amount shall be prorated by the
number of weeks the Permittee is scheduled to be on-site. (i.e., January the
Mobile Equipment is present for two weeks. By February 15th Permittee shall
submit the monthly report of sales for January, 10% of the Gross Receipts
payment and $50 for the Monthly Permit Fee for the two weeks on site); and
(2) At all times while Gross Receipts are being generated from Premises,
Permittee shall calculate Percentage Rent each month, which Percentage Rent
shall be equal to the product of the applicable Percentage Rent Rate(s) times
the amount of Permittee’s Gross Receipts during such month. The Percentage
Rent Rate(s) shall be ten percent (10%) for this Permit’s Term. Permittee shall
pay Percentage Rent to Permitter monthly, without prior notice or demand,
within fifteen (15) days after the end of each month. All Percentage Rent
payments shall be computed based on all Gross Receipts made during the
previous month as all such Gross Receipts are indicated on Permittee’s
Monthly Activity Report.
a. Gross Receipts (sometimes referred to as Gross Revenues or Gross
Sales) include all monies paid or payable to Permittee for sales made,
services rendered, and customer orders fulfilled at or from Premises
only, and any other receipts, credits, internet sales, mobile app sales
(owned or third-party), or revenues of any type arising out of or in
connection with Permittee’s or their agents’ operations at Premises,
including, but not limited to, branding fees, marketing fees,
merchandising fees, promotional allowances, performance allowances,
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retail display allowances (RDAs), and any other type of ancillary
advertising or product placement fees, and other allowances and fees.
Gross Receipts shall not include:
i. Any taxes imposed by law that are separately stated to and paid by
a customer and directly payable to the taxing authority by Permittee.
ii. Amounts and credits received from suppliers for products and
merchandise returned by Permittee.
iii. Cash and credit card refunds to customers for merchandise returned.
iv. Amounts and credits received in settlement of claims for loss of, or
damage to, merchandise.
v. Insurance proceeds received from the settlement of claims for the
loss of or damages to Permittee’s property at or on Premises other
than the proceeds from business interruption insurance.
vi. Inter-company store transfers.
vii. Uniforms or clothing purchased by employees where such uniforms
or clothing are required to be worn by employees.
viii. Gift cards sold at Premises. When a gift card is redeemed or
accepted as payment for a purchase at Premises, the transaction
must be reported “as part” of Gross Receipts.
ix. Gratuities for services performed by employees paid by Permittee or
by its customers except to the extent Permittee may be entitled to
receive a portion of the gratuities.
c. Place of Payment: All fees/charges due to be paid to Permitter by Permittee
hereunder shall be paid in lawful money of the United States of America, without
set off, by check or wire transfer made payable to Permitter and delivered or wired,
as applicable, to the following address or account, Permitter by service of written
notice upon Permittee, may otherwise direct the payment thereof from time to time
during the term hereof.
Via Mail/Express
City of Fresno
Fresno Yosemite International Airport
Attn.: Airport Accounting
4995 East Clinton Way
Fresno, CA 93727-1504
d. Late Payment Charge: Should any installment of Permit Fees accruing to
Permitter under the provisions of this Permit not be received by Permitter within
five (5) calendar days after such shall be due, a late payment charge equal to one
and one half percent (1.5%) of the overdue amount added thereto and constituting
a part thereof shall be imposed by Permitter each and every month until the entire
delinquent amount is received by Permitter.
e. Monthly Activity Report: Permittee shall furnish Director of Aviation (Director) or
designee on or before the fifteenth (15th) day of each month, an accurate written
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report of Permittee’s operations at FAT during the preceding month, including but
not limited to the following:
(1) Breakdown of items sold, by item.
If Permittee fails to furnish Director with the report required by this section by
the date specified above, it shall be considered in Default under this Permit and
Permittee’s operations at FAT can be terminated.
Monthly Activity Report shall be delivered to Permitter at the address below or
at such address to which Permitter, by service of written notice upon Permittee,
may direct the delivery thereof, from time to time:
Via Mail/Express
City of Fresno
Fresno Yosemite International Airport
Attn.: Airport Accounting
4995 East Clinton Way
Fresno, CA 93727-1504
Via email at: FYIFinance@fresno.gov
4. Temporary Use Facilities/Premises/Locations: Permitter grants Permittee the privilege
of using, on a non-exclusive and rotating temporary basis, those certain Premises,
located at FAT hereinafter collectively referred to as “the Temporary Use Premises”
and specifically located, identified and described within Exhibit A, attached hereto
and made a part hereof.
5. Authorized Use of Temporary Use Premises:
a. The Temporary Use Premises shall be used to park approved Mobile Equipment)
during approved operating hours for the purpose of selling food outside the
terminal area in designated locations at FAT’s Commercial Curb (see, Exhibit A).
b. Limitations on Use of Temporary Use Premises:
(1) Permittee shall neither use, suffer, nor permit the temporary use of Premises
for any improper, immoral, unlawful (including illegal discrimination),
unauthorized, or objectionable purpose(s).
(2) Permittee shall neither use, suffer, nor permit the temporary use of Premises
for any purpose nor allow any activity therein which would create a nuisance,
or in any way obstruct or interfere with the rights of others at FAT or injure or
annoy them; or do or permit the doing of anything in any way tending to injure
or reflect unfavorably upon the reputation of Permitter or the appearance of
FAT.
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6. Access Control: Any control over access to/from the Temporary Use Area shall be
the responsibility of Permittee. Permitter shall have no responsibility whatsoever in
this matter.
7. Employee Parking: Permittee’s employees working at FAT shall have the right to the
use of vehicular parking facilities in common with other individuals. Such facilities
shall be located in an area designated by Permitter. Permitter reserves the right to
assess a reasonable charge to recover the costs of providing such space to such
Permittee’s employees, in common with other FAT/tenant employees, for such parking
facilities.
Permittees are encouraged to incentivize their employees to utilize alternative, more
environmentally friendly, modes of transportation including mass transit, ride sharing,
etc.
8. Conflict Between Authorized and Unauthorized Uses: With respect to any use of the
Temporary Use Premises which may be contemplated or undertaken under authority
of this Permit, if any such use may, in any way whatsoever, reasonably be deemed to
involve a conflict between authorized and unauthorized uses as set forth herein, the
prohibitions, restrictions and limitations set forth within this Permit, in any and all such
cases, prevail, and no unauthorized use of the Temporary Use Premises, in whole or
in part, shall be undertaken by Permittee or Permittee’s employees, agents,
representatives unless and until such use is limited to the degree/extent necessary to
eliminate any element/portion thereof giving rise to any such conflict.
9. Signs and Displays:
a. Within Temporary Use Premises: Permittee may place such mobile signs and
mobile displays within the Temporary Use Premises as are deemed appropriate to
the business, providing that all such signs and displays shall be in good taste, and
further provided that all such sign or display shall be approved in advance by
Director or designee. In the event of any complaint about any sign or display,
Director or designee shall have the authority to decide whether such sign or display
is acceptable, and to require that such sign or display be removed, and Permittee
agrees that Director's or designee’s decision shall be binding, subject to any
available appeal pursuant to the provisions of Chapter 1, Article 4, of the Fresno
Municipal Code, or any other available recourse. Permittee agrees to abide by
Director's decision pending any such appeal.
b. Conditions Applicable to All Signs: The following shall apply to any and all signs:
(1) No mobile sign and/or mobile display shall be placed within the Temporary
Use Premises without first submitting a written request to the Director or
designee for their review and possible written approval.
(2) Any and all mobile signs and/or mobile displays placed by Permittee shall be
done at Permittee's cost and expense.
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(3) All such mobile signs and/or mobile displays are to be removed from the
Temporary Use Premises at the end of Permittee’s daily shift. No mobile signs
and/or mobile displays shall be left at the Temporary Use Premises.
(4) All such mobile signs and/or mobile displays cannot inhibit or interfere with
ADA and passenger travel pathways.
10. Alterations/Additions/Modifications/Improvements: Neither Permitter nor Permittee
shall be obligated to make, nor neither Permitter nor Permittee shall make any
alterations, additions, modifications, or improvements in/on/to any part of the
Temporary Use Premises, at any time during this Permits’ Term hereof, for any
purpose whatsoever.
11. Inspection/Examination/Condition/Acceptance of the Temporary Use Premises:
Permittee expressly warrants, stipulates, acknowledges, agrees, and/or represents to
Permitter as set forth within the following sub-paragraphs of this paragraph 10.
a. Inspection and Examination: Prior to signing this Permit, Permittee shall inspect
and exam the Temporary Use Premises and the facilities. Permittee agrees to
have its Mobile Equipment inspected prior to beginning each day at the Airport-
by-Airport Public Safety (APS) officers. APS will provide a daily authorization
that shows inspection was completed prior to operating at Airport. Permittee shall
place authorization in the front window of the truck or on any cart operating at
the Airport. Authorization shall be in plain view for APS and Airport staff to see
without obstruction.
b. Condition of Temporary Use Premises: At the time Permittee executes this
Permit, the Temporary Use Premises was in a clean, safe, and for such
uses/purposes as are herein expressly authorized, usable condition.
c. Acceptance of Temporary Use Premises by Permittee: Permittee warrants to
Permitter that prior to executing this Permit, Permittee, by means independent of
Permitter or any employee, agent or representative of Permitter, determined, to
Permittee’s full and complete satisfaction, the acceptability of the Temporary Use
Premises to Permittee for such uses as are authorized herein, and that Permittee
accepts(ed) said Premises in an "AS IS" condition as of the commencement date
of this Permit’s Term.
12. Inspection of Vehicle/Equipment
Permittee’s Space, Merchandise, and Display Standards. Permitter shall assign
Permittee, in its sole discretion, a parking space for its Mobile Equipment. Permitter
has, in its sole discretion, final say on how the space is used and how the Mobile
Equipment presents to the general public. All Mobile Equipment are required to
provide their own connections, including adapters, for the permanent power provided.
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Mobile Equipment may operate their generators at certain locations under
preapproved conditions. Permitter reserves the right to change a Mobile Equipment’s
parking space without notice or consent at any time. Mobile Equipment shall not affix
any personal property to Permitter’s Premises without Permitter’s prior, written
consent. Mobile Equipment shall not sell anything other than food, including but not
necessarily limited to alcohol or merchandise. Mobile Equipment shall be considerate
of other Permittees, Permitter, and all of FAT’s patrons. Permitter shall, under no
circumstances, be liable for any loss or damage to Permittee’s property. Permittee
agrees, at its sole cost and expense, to keep its Mobile Equipment and Temporary
Use Premises clean and in a manner satisfactory to Permitter. Mobile Equipment shall
not transfer, assign, sublet, or share any Temporary Use Premises without written
approval, and any such attempt to do so will automatically void this Permit.
Additionally, Permittee shall have all property removed from the Temporary Use
Premises by the end of their daily scheduled time.
Trash: Trash receptacles in FAT’s parking garage and parking lots, and any that may
incidentally be in the Temporary Use Premises, are for general use. Permitter is
unable to provide individual trash receptacles for Permittee. Permittee is expected not
to use any of Permitter’s trash receptacles, but rather provide their own trash
receptacles and to dispose of (take with them) all trash that is generated by their
Mobile Equipment’s operation at the end of each operating day.
Inspection: Permitter shall inspect each Mobile Equipment prior to their service shift
each day. Each daily inspection and subsequent approval will be identified with a
window marker that corresponds to that specific operating date.
13. Liability for Damage: Permittee shall be liable for and shall promptly repair any
damage to the Temporary Use Premises where that damage is attributable to any act
or omission on the part of Permittee, Permittee's employees, contractors,
subcontractors, agents, representatives, associates, guests, and/or invitees.
Permittee shall also be liable for and shall promptly repair any damage to other FAT
facilities where such damage is attributable to any act or omission on the part of
Permittee, Permittee's employees, contractors, subcontractors, agents,
representatives, associates, guests and/or invitees. In cases where Permittee fails to
or is unable to promptly make necessary repairs, Permitter shall have the right to make
such repairs, and Permittee agrees to reimburse Permitter for all reasonable costs for
those repairs, including reasonable administrative costs.
14. Maintenance/Repair.
a. Temporary Use Premises. Permittee, at its sole cost and expense, assumes
responsibility for and shall accomplish all necessary repairs and maintenance,
including cleaning necessary to maintain the Temporary Use Premises and any
additionally used facilities in good condition and repair and neat and clean
appearance.
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b. Re-delivery. Upon terminating this Permit, Permittee shall have no right(s), title,
or interest in or to the Temporary Use Premises, and Permittee shall peaceably
and quietly discontinue use of the Temporary Use Premises and deliver the
Temporary Use Premises back to Permitter. In the event Permittee fails, upon
Permitter’s request, to return the Temporary Use Premises to Permitter in the
identical condition as when it was originally received, Permitter shall have the
right to make all necessary restorations and invoice Permittee for all incurred
related costs. Permittee agrees to pay, upon demand, all charges billed by
Permitter pursuant to this subsection. The provisions of this subsection shall
survive termination of this Permit.
15. Permitter’s Right to Enter. Permitter’s representatives shall have the right to enter
upon all or any part of the Temporary Use Premises, which Permittee has a non-
exclusive right (on a potentially rotating basis) to use, at any and all reasonable hours
on any day of the week for any lawful purpose(s) including: (i) the purpose of
determining whether or not Permittee is complying with the provisions hereof and
fulfilling its obligations hereunder; (ii) the purpose of inspecting same; and (iii) the
purpose of making any required repairs of an emergency nature to which Permittee
cannot adequately respond. Permittee understands that Permittee may be billed by
Permitter for the full cost of performing such repairs.
16. Utilities: Permitter shall pay all charges for water, sewage, gas, and electricity
supplied to and consumed by the Temporary Use Premises. Permitter shall have the
right to charge Permittee, together with other Passenger Terminal Building tenants,
an Energy Supplemental Charge, for excess energy costs via a percentage surcharge
on the energy portion of the Temporary Use Premises permit fee(s), as authorized in
City of Fresno’s Master Fee Schedule.
a. Electricity: During this Permit’s Term, taking into account the availability of such
utility service from Permitter’s commercial suppliers and prudent energy
conservation measures, Permitter shall provide to the Temporary Use Premises
with electrical service; but Permitter shall not be liable to Permittee, in any way
whatsoever, as a result of any failure or inability of the Permitter to so perform.
17. Disposable Waste: Permittee shall not use the outdoor receptacles provided by
Permitter for the collection and removal of all trash, garbage and other refuse resulting
from the operation of the Passenger Terminal Building, excluding the activities
authorized in this Permit. Rather, Permittee, at its own cost and expense, shall provide
and use suitable receptacles for the collection, within the Temporary Use Premises of
all trash and other refuse. Piling boxes, cartons, barrels or other items in an unsafe
or unsightly manner in or about Airport or the Temporary Use Premises is prohibited
under this Permit.
18. Control of Hazards and Nuisances: At all times, Permittee shall keep the assigned
Temporary Use Premises, which Permittee has a non-exclusive right to use, in a neat,
clean, and orderly condition, and shall prevent the accumulation of, and shall maintain
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said Temporary Use Premises free from any refuse or waste materials which might
be or constitute a potential health, environmental, or fire hazard or public or private
nuisance. Permittee shall neither conduct nor suffer nor permit the conducting of any
activity on the non-exclusive Temporary Use Premises which either directly or
indirectly produces objectionable or unlawful amounts or levels of air pollution (gases,
particulate matter, odors, fumes, smoke, dust, etc.); water pollution; light, glare, or
heat; electronic and/or radio emissions interfering with any navigational or
communications facilities/operations associated with the operation of FAT and/or its
use by aircraft; trash or refuse accumulation; or any other activity/operation which is
hazardous or dangerous by reason or risk of explosion, fire or harmful emission.
Permittee shall not cause or permit to occur any violation of any federal, state, or local
law, ordinance, or regulation now or hereafter enacted, related to environmental
conditions in, on, under or about the non-exclusive Temporary Use Premises, or
arising from Permittee's use(s) or occupancy(ies) thereof, including, but not limited to,
soil and ground water conditions.
19. Indemnification. To the furthest extent allowed by law, Permittee shall indemnify,
hold harmless and defend Permitter and each of its officers, officials, employees,
agents and volunteers from any and all loss, liability, fines, penalties, forfeitures,
costs and damages (whether in contract, tort or strict liability, including but not
limited to personal injury, death at any time and property damage) incurred by the
Permitter, Permittee or any other person, and from any and all claims, demands
and actions in law or equity (including reasonable attorney's fees, litigation
expenses and cost to enforce this agreement), arising or alleged to have arisen
directly or indirectly out of performance of this Permit. The Permittee's obligations
under the preceding sentence shall apply regardless of whether Permitter or any
of its officers, officials, employees, agents or volunteers are negligent, but shall not
apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused
solely by the gross negligence, or caused by the willful misconduct, of Permitter or
any of its officers, officials, employees, agents or volunteers.
If Permittee should subcontract all or any portion of the work to be performed under
this Permit, Permittee shall require each subcontractor to indemnify, hold harmless
and defend the Permitter and each of its officers, officials, employees, agents, and
volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Permit.
20. Insurance
Coverage shall be at least as broad as:
a. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage arising
out of your business operations. The Commercial General Liability policy shall
be written on an occurrence form and shall provide coverage for “bodily injury,”
“property damage” and “personal and advertising injury” with coverage for
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premises and operations (including the use of owned and non-owned
equipment), products and completed operations, and contractual liability
(including, without limitation, indemnity obligations under the Permit) with limits
of liability not less than those set forth under “Minimum Limits of Insurance.”
b. The most current version of ISO *Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use of
automobiles in the course of your business operations. The Automobile Policy
shall be written on an occurrence form and shall provide coverage for all
owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-
Any Auto).
c. Workers’ Compensation insurance as required by the State of California and
Employer’s Liability Insurance.
MINIMUM LIMITS OF INSURANCE
Permittee shall maintain limits of liability of not less than those set forth below. However,
insurance limits available to Permitter, its officers, officials, employees, agents, and
volunteers as additional insureds, shall be the greater of the minimum limits specified
herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS’ COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER’S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
UMBRELLA OR EXCESS INSURANCE
In the event Permittee purchases an Umbrella or Excess insurance policy(ies) to meet
the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford
no less coverage than the primary insurance policy(ies). In addition, such Umbrella or
Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for
the benefit of the City, its officers, officials, employees, agents, and volunteers.
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DEDUCTIBLES AND SELF-INSURED RETENTIONS
Permittee shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and Permittee shall also be responsible for payment of any
self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
1. The Commercial General Liability policy shall be written on a per occurrence form.
2. Permitter, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds on the General Liability and Auto Liability policies.
Permittee shall establish additional insured status for Permitter and for all
operations under the Commercial General Liability policy by use of endorsements
providing additional insured status as broad as that contained in ISO Form CG 20
10 11 85, CG 20 12 04 13, or CG 20 26 04 13.
3. The coverage shall contain no special limitations on the scope of protection
afforded to Permitter, its officers, officials, employees, agents, and volunteers.
4. The Commercial General and Auto Liability policies shall contain, or be endorsed
to contain, that Permittee’s insurance shall be Primary to and require no
contribution from Permitter. The Primary and Non-Contributory endorsement
under the General Liability policy shall be as broad as coverage provided by ISO
form CG 20 01 04 13.
5. All policies of insurance shall be endorsement to provide a Waiver of Subrogation
in favor of the City of Fresno, its officers, officials, employees, agents, and
volunteers.
6. All policies of insurance required herein shall be endorsed to provide that the
coverage shall not be cancelled, non-renewed, reduced in coverage or in limits
except after thirty (30) calendar days written notice by certified mail, return receipt
requested, has been given Permitter. Permittee is also responsible for providing
written notice to Permitter under the same terms and conditions. Upon issuance
by the insurer, broker, or agent of a notice of cancellation, non-renewal, or
reduction in coverage or in limits, Permittee shall furnish Permitter with a new
certificate and applicable endorsements for such policy(ies). In the event any
policy is due to expire during the work to be performed for Permitter, Permittee
shall provide a new certificate, and applicable endorsements, evidencing renewal
of such policy not less than fifteen (15) calendar days prior to the expiration date
of the expiring policy.
7. Should any of these policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated
limits.
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VERIFICATION OF COVERAGE
Permittee shall furnish Permitter with all certificate(s) and applicable endorsements
affecting coverage required hereunder. All certificates and applicable endorsements are
to be received and approved by the City of Fresno Personnel Department’s Risk Manager
or designee prior to Permitter’s execution of the Permit and before work commences. All
non-ISO endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of Permitter, Permittee shall immediately
furnish Permitter with a complete copy of any insurance policy required under this Permit,
including all endorsements, with said copy certified by the underwriter to be a true and
correct copy of the original policy. This requirement shall survive expiration or termination
of this Permit.
21. Nonliability of Permitter
a. Without wavier or limitation, Permitter shall not in any event be liable for any
acts or omissions of Permittee, its officers, officials, employees, agents,
volunteers, invitees, consultants, subconsultants, contractors or
subcontractors, or for any conditions resulting from the operations or activities
of Permittee, its officers, officials, employees, agents, volunteers, invitees,
consultants, subconsultants, contractors or subcontractors, or for any
conditions resulting from the operations or activities of any other permittee,
lessee, tenant, concessionaire, permittee, supplier, consultant, subconsultant,
contractor, subcontractor or invitee, however caused.
b. Permitter shall not be liable for Permittee's failure to perform any of the
obligations under this Permit or for any delay in the performance thereof, nor
shall any such delay or failure be deemed a default by Permitter.
22. Taxes: Permittee agrees to pay, before delinquency, as and when due, any and all
lawful taxes, assessments or charges which, during this Permit’s Term, may be levied
by the State, County, City, and/or other tax-levying body on any part or all of the
personal property of Permittee and/or upon the Possessory Interest, if any, of
Permittee in FAT’s premises under this Permit.1
23. Non-Transferability: This Permit is Non-Transferable and is only valid for Permittee
that is named in this Permit; thus, Permittee may not and shall not at any time sell,
transfer or assign this Permit, in whole or in part, and any attempted or purported sale,
transfer or assignment hereof shall be null and void and shall constitute a breach of
this Permit by Permittee.
1 Any interest in real property which exists as a result of possession, exclusive use, or a right to possession or exclusive
use of any real property (land and/or improvements located therein or thereon) which is owned by the City of Fresno
(City) is a taxable possessory interest unless the possessor of interest in such property is exempt from taxation. With
regard to any possessory interest to be acquired by Permittee under this Permit, Permittee, by its signatures hereunto
affixed, warrants, stipulates, confirms, acknowledges and agrees that, prior to executing this Permit, Permittee either
took a copy of this Permit to the office of the Fresno County Tax Assessors or by some other appropriate means
independent of City or any employee, agent, or representative of City determined, to Permittee’s full and complete
satisfaction, how much Permittee will be taxed, if at all.
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24. Nondiscrimination: Permittee shall not employ discriminatory practices in the
provision of services, employment of personnel, or in any other respect on the basis
of race, color, creed, religion, sex, national origin, ancestry, ethnicity, age, marital
status, status as a disabled veteran or veteran of the Vietnam era, medical condition,
or physical or mental disability. During the entire term and performance of this Permit,
Permittee agrees as follows:
a. Permittee will comply with all laws and regulations, as applicable. No person in
the United States shall, on the grounds of race, color, creed, religion, sex,
national origin, ancestry, ethnicity, age, marital status, status as a disabled
veteran or veteran of the Vietnam era, medical condition, or physical or mental
disability be excluded from participation in, be denied the benefits of, or be
subject to discrimination under any program or activity made possible by or
resulting from this Permit.
b. Permittee will not discriminate against any employee or applicant for employment
because of race, color, creed, religion, sex, national origin, ancestry, ethnicity,
age, marital status, status as a disabled veteran or veteran of the Vietnam era,
medical condition, or physical or mental disability. Permittee shall take
affirmative action to ensure that applicants are employed, and the employees are
treated during employment, without regard to their race, color, creed, religion,
sex, national origin, ancestry, ethnicity, age, marital status, status as a disabled
veteran or veteran of the Vietnam era, medical condition, or physical or mental
disability. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. Permittee agrees to post in
conspicuous places, available to employees and applicants for employment,
notices setting forth the provision of this nondiscrimination clause.
c. Permittee will, in all solicitations or advertisements for employees placed by or
on behalf of Permittee, state that all qualified applicants will receive consideration
for employment without regard to race, color, creed, religion, sex, national origin,
ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of
the Vietnam era, medical condition, or physical or mental disability.
d. Permittee will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a
notice advising such labor union or workers' representatives of Permittee’s
commitment under this section and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
25. Independent Contractor: Permittee is and throughout this Permit shall be an
independent contractor and not an employee, partner, or agent of Permitter. Neither
party shall have any right to control, supervise, nor direct the manner, nor method, nor
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choice by which the other party nor its contractors shall perform its nor their work nor
function. However, each party shall retain the right to verify that the other is performing
its respective obligations in accordance with the terms of this Permit.
a. Neither Permittee, nor any of its officers, associates, agents, nor employees shall
be deemed an employee of Permitter for any purpose. Permittee shall not be
entitled nor shall it receive any benefit normally provided to employees of
Permitter such as, but not limited to, vacation payment, retirement, health care
or sick pay. Permitter shall not be responsible for withholding income or other
taxes from the payments made to Permittee. Permittee shall be solely
responsible for filing all returns and paying any income, social security or other
tax levied upon or determined with respect to the payments made to Permittee
pursuant to this Permit.
26. Partnership/Joint Venture: This Permit does not demonstrate a partnership or joint
venture between Permittee and Permitter. Besides the express terms contained in
this Permit, (i) Permitter does not grant, convey, or delegate to Permittee any tangible
or intangible property interest or express or implied agency, license, right or authority,
(ii) Permittee shall have no authority to bind Permitter absent its express written
consent, (iii) either Party shall be free from obligations or liabilities under contracts
entered by the other, and (iv) each Party shall bear its own costs/expenses in pursuit
hereof.
27. Review/Examination of Permit: Submission of this instrument by Permitter for review,
examination and/or execution by or on behalf of Permittee does not constitute a
reservation of or option to obtain a permit and this instrument is not effective as a
permit or otherwise, unless and until executed and delivered by both Permitter and
Permittee.
28. Interpretation of Provisions: Nothing herein contained shall be construed or
interpreted, in any manner whatsoever, as limiting, relinquishing or waiving any of the
rights of ownership enjoyed by Permitter in and to FAT’s property, or in any manner
waiving or limiting Permitter’s control over the operation, maintenance, etc., of FAT’s
property or in derogation of such governmental rights as Permitter possesses, except
as is specifically set forth herein.
29. Invalid Provisions: In the event any term, covenant, condition or provision of this
Permit, or the application thereof to any person, entity, or circumstance, shall to any
extent be held by a court of competent jurisdiction to be invalid, void or unenforceable,
the remainder of the terms, covenants, conditions or provisions of this Permit, or the
application thereof to any person, entity, or circumstance, shall remain in full force and
effect and shall in no way be affected, impaired or invalidated, provided that such
invalidity, voiding or unenforceability of such covenant, condition or provision does not
materially prejudice either party in its respective rights and obligations contained in
the then remaining valid covenants, conditions or provisions of this Permit.
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30. Captions and Paragraph Numbers: The captions, paragraphs, and sub-paragraph
numbers and/or alphabetical identifiers appearing in this Permit are inserted solely for
the purpose of convenience in reference and in no way define, limit, construe, or
describe the scope or intent of such sections, paragraphs, or subparagraphs of this
Permit nor in any way whatsoever affect this Permit.
31. Notices: Any notice required or intended to be given to either Party under the terms
of this Permit shall be in writing and shall be deemed to be duly given if delivered
personally or deposited into the United States mail, by registered or certified mail,
return receipt requested with postage prepaid, addressed to the party to which notice
is to be given at the Party's address set forth on the signature page of this Permit or
at such other address as the Parties may from time to time designate by written notice.
a Personal service, as aforesaid, shall be deemed served and effective upon
delivery thereof. Service by mail, as aforesaid, shall be deemed to be sufficiently
served and effective as of 12:00:01 A.M., on the fourth (4th) calendar day
following the date of deposit in the United States mail of such registered or
certified mail, properly addressed and postage prepaid.
32. Amendment: This Permit may not be changed, amended, or otherwise modified in
any way whatsoever, except in writing, signed by both Permitter and Permittee.
33. Federal Grant Agreement Assurances: Those certain sixteen (16) numbered
provisions set forth within Section "B", "Assurances", of Exhibit "B", "Assurances
Required by the Federal Aviation Administration" (FAA), attached hereto and made a
part hereof, are specific provisions required by the FAA to be appropriately included
within all agreements (including, without limitation, leases, licenses, permits, and
contracts) between the City of Fresno, California and any and all entities who use or
perform work or conduct activities on City-owned Airport premises for aeronautical or
non-aeronautical purposes. Permittee, by its signature(s) hereunto affixed,
acknowledges that it has reviewed the aforesaid Exhibit, in its entirety, and fully
understands the meaning, purpose, and intent thereof. Permittee hereby expressly
agrees that, throughout the term hereof, it shall fully and faithfully comply with, abide
by and/or adhere to, as applicable and appropriate, each and every one of the
numbered provisions contained within Section "B", "Assurances", of said Exhibit (as
said numbered provisions are reflected therein or as same may be amended, from
time to time, during the Term hereof, by Permitter, as the FAA's requirements thereon
imposed may so dictate), which, pursuant to the guidelines established within
paragraphs 2 through 4 of Section "A" of said Exhibit, shall either be applicable to
Permittee on the start date of the Term hereof or which, as a result of changing facts
and/or circumstances, shall subsequently become applicable to Permittee, hereunder,
during the Term hereof.
34. Acknowledgment by Permittee: By its signature(s) hereunto affixed, Permittee
expressly acknowledges that Permittee clearly understands that neither this Permit,
itself, nor the issuance of this Permit by Permitter to Permittee nor acceptance of this
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Permit by Permittee constitutes, in any way whatsoever, any agreement by or on
behalf of Permitter to enter into any further/other agreement, permit, lease, or other
arrangement of any type whatsoever, beyond the limited 6-month Term of this Permit.
35. Revocation of Permit by City: If, at any time during this Permit’s Term, Permittee
voluntarily or involuntarily seeks protection under federal bankruptcy laws, or fails to
fully and faithfully comply with, keep, perform or observe each and every term,
condition, agreement and provision hereof to be complied with, kept, performed or
observed by Permittee, such shall be a material default by Permittee and this Permit
shall be subject to immediate revocation by Permitter upon three (3) days advance
written notice to such effect upon Permittee, in which event, this Permit shall be
revoked, canceled, terminated and at an end as of the time and date set forth within
the notice. In the event this Permit shall be revoked by Permitter pursuant to the
provisions of this section, Permittee shall remove all personal property from the
Temporary Use Premises and peacefully vacate and surrender the Temporary Use
premises back to Permitter not later than the revocation time and date specified within
Permitter’s notice. Revocation of this Permit by Permitter under the provisions of this
Section shall not be construed as a waiver of any claim Permitter may have against
Permittee for such failure or for any other failure to perform, keep or observe the same
or any other terms, covenants, conditions, warranties, agreements, or provisions of
this Permit.
36. Required Accessibility Disclosure: A Certified Access Specialist (CASp) can inspect
the subject Temporary Use Premises and determine whether the subject Temporary
Use Premises comply with all of the applicable construction-related accessibility
standards under state law. Although state law does not require a CASp inspection of
the subject Temporary Use Premises, the commercial property owner or Permitter
may not prohibit the Permittee from obtaining a CASp inspection of the subject
Temporary Use Premises for the occupancy or potential occupancy of Permittee, if
requested by Permittee. The Parties shall mutually agree on the arrangements for the
time and manner of the CASp inspection, the payment of the fee for the CASp
inspection, and the cost of making any repairs necessary to correct violations of
construction-related accessibility standards within the subject Temporary Use
Premises.
37. Interpretation: Parties acknowledge that this Permit in its final form is the result of the
combined efforts of the Parties and that, should any provision of this Permit be found
to be ambiguous in any way, such ambiguity shall not be resolved by construing this
Permit in favor or against any Party, but rather by construing the terms in accordance
with their generally accepted meaning.
38. Attorney's Fees: If either Party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Permit, the
prevailing party in such proceeding or action shall be entitled to recover from the other
Party its reasonable attorney's fees and legal expenses in addition to any other relief
to which such party may be entitled.
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39. Exhibits: Each exhibit and attachment referenced in this Permit is, by the reference,
incorporated into and made a part of this Permit.
40. Precedence of Documents: In the event of any conflict between the body of this Permit
and any Exhibit or Attachment hereto, the terms and conditions of the body of this
Permit shall control and take precedence over the terms and conditions expressed
within the exhibit or attachment. Furthermore, any terms or conditions contained
within any exhibit or attachment hereto which purport to modify the allocation of risk
between the parties, provided for within the body of this Permit, shall be null and void.
41. Cumulative Remedies: No remedy or election hereunder shall be deemed exclusive
but shall, wherever possible, be cumulative with all other remedies at law or in equity.
42. Non-Solicitation: Permittee represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, to solicit or procure this Permit or any
rights/benefits hereunder.
43. Waiver: The waiver by either Party of a breach by the other of any provision of this
Permit shall not constitute a continuing waiver or a waiver of any subsequent breach
of either the same or a different provision of this Permit.
a. No provisions of this Permit may be waived unless in writing and signed by all
Parties to this Permit.
44. Assigns/Successors: This Permit and all rights, benefits, duties, liabilities and
obligations hereunder are not transferable.
45. Governing Law and Venue: This Permit shall be governed by, and construed and
enforced in accordance with, the laws of the State of California. Venue for purposes
of the filing of any case, controversy or proceeding regarding the enforcement or
interpretation of this Permit and any rights and duties hereunder shall be Fresno
County, California.
46. Final Agreement: Each Party acknowledges that they have read and fully understand
the contents of this Permit. This Permit and any documents, instruments and
materials referenced and incorporated herein represents the entire and integrated
agreement between the Parties with respect to the subject matter hereof and
supersedes all prior negotiations, representations or agreements, either written or
oral. This Permit may be modified only by written instrument duly authorized and
executed by both Permitter and Permittee.
47. Counterparts: This Permit may be executed in any number of counterparts and any
party may execute any counterpart, each of which when executed and delivered will
be deemed to be an original and all of which counterparts taken together will be
deemed to be but one and the same instrument. The execution of this Permit by any
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party hereto will not become effective until counterparts hereof have been executed
by all Parties hereto.
[Signatures follow on the next page.]
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IN WITNESS WHEREOF, City has caused this Permit to be executed and issued by its
Director of Aviation, and Permittee, by the signature(s) of its duly authorized officer(s)
hereunto below affixed, has accepted this Permit and acknowledged and/or agreed to all
of the terms, covenants, conditions, warranties, agreements, and provisions herein
contained, as of the day and year first above written.
CITY OF FRESNO, CALIFORNIA
A Municipal Corporation
By: ___________________________
Henry Thompson, A.A.E., IAP
Director of Aviation
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By: _____________________________
Brandon M. Collet,
Date
Assistant City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By: ____________________________
Date
Deputy
Address for Notice:
City of Fresno
Airports Department
4995 E. Clinton Way
Fresno, CA 93727
BPM Enterprises Inc. dba Los Mexicanos
Frutas y Antojitos
A California Corporation
By:
Name: Bardo Perez Medoza
Title: CEO, CFO, and Secretary
(If corporation or LLC., must be
CEO/President of Board/Vice
President of Board (circle one))
By:
Name:
Title:
(If corporation or LLC., must be
CFO/Treasurer/Secretary (circle
one))
Address for Notice:
BPM Enterprises, Inc.
Dba: Los Mexicanos Frutas & Antojitos
1237 Fulton Street
Fresno, CA 93721
(609) 284-7615
Frutaslosmexicanos@gmail.com
PERMIT NO.: 0071
3 Attachments -
Exhibit A - Map of Temporary Use Premises
Exhibit B - Assurances Required by The Federal Aviation Administration
Exhibit C - Conflict of Interest Form
DocuSign Envelope ID: 345BA6E0-32E8-408D-B2DE-F4E6AF1D6D64
3/11/2024
3/11/2024
OWNER
BARDO PEREZ MENDOZA
3/11/2024
3/12/2024
3/12/2024
EXHIBIT A
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TYPICAL FOOD TRUCK(16' X 7')FRESNO YOSEMITE INTERNATIONAL AIRPORTFOOD TRUCK EXHIBITAERIAL MAPEXHIBIT ADocuSign Envelope ID: 345BA6E0-32E8-408D-B2DE-F4E6AF1D6D64
EXHIBIT B
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Airport Sponsor Assurances 5/2022 Page 1 of 19
FAA
Airports
ASSURANCES
AIRPORT SPONSORS
A.General.
1.These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
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. As used
herein, the term "public agency sponsor" means a public agency with control of a public-use
airport; the term "private sponsor" means a private owner of a public-use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
3.Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and
become part of this Grant Agreement.
B.Duration and Applicability.
1.Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency
Sponsor.
The terms, conditions and assurances of this Grant Agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an
airport development or noise compatibility program project, or throughout the useful life of
the project items installed within a facility under a noise compatibility program project, but in
any event not to exceed twenty (20) years from the date of acceptance of a grant offer of
Federal funds for the project. However, there shall be no limit on the duration of the
assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an
airport. There shall be no 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 specified in the assurances.
2.Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of
project items installed within a facility or the useful life of the facilities developed or equipment
acquired under an airport development or noise compatibility program project shall be no less
than ten (10) years from the date of acceptance of Federal aid for the project.
3.Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25,
30, 32, 33, 34, and 37 in Section C apply to planning projects. The terms, conditions, and
EXHIBIT B
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Airport Sponsor Assurances 5/2022 Page 2 of 19
assurances of this Grant Agreement shall remain in full force and effect during the life of the
project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and
Airport Revenue so long as the airport is used as an airport.
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 Grant
including but not limited to the following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1
c. Federal Fair Labor Standards Act – 29 U.S.C. § 201, et seq.
d. Hatch Act – 5 U.S.C. § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.
§ 4601, et seq.1, 2
f. National Historic Preservation Act of 1966 – Section 106 – 54 U.S.C. § 306108.1
g. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. § 312501, et seq.1
h. Native Americans Grave Repatriation Act – 25 U.S.C. § 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. § 7401, et seq.
j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. § 1451, et seq.
k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. § 4012a.1
l. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 – 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 – 42 U.S.C. § 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968, as amended – 42 U.S.C. § 4151, et seq.1
s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 – 42 U.S.C. § 8373.1
t. Contract Work Hours and Safety Standards Act – 40 U.S.C. § 3701, et seq.1
u. Copeland Anti-kickback Act – 18 U.S.C. § 874.1
EXHIBIT B
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v. National Environmental Policy Act of 1969 – 42 U.S.C. § 4321, et seq.1
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271, et seq.
x. Single Audit Act of 1984 – 31 U.S.C. § 7501, et seq.2
y. Drug-Free Workplace Act of 1988 – 41 U.S.C. §§ 8101 through 8105.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as
amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. Build America, Buy America Act, P.L. 117-58, Title IX.
EXECUTIVE ORDERS
a. Executive Order 11246 – Equal Employment Opportunity1
b. Executive Order 11990 – Protection of Wetlands
c. Executive Order 11998 – Flood Plain Management
d. Executive Order 12372 – Intergovernmental Review of Federal Programs
e. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building
Construction1
f. Executive Order 12898 – Environmental Justice
g. Executive Order 13166 – Improving Access to Services for Persons with Limited English
Proficiency
h. Executive Order 13985 – Executive Order on Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government
i. Executive Order 13988 – Preventing and Combating Discrimination on the Basis of Gender Identity
or Sexual Orientation
j. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s
Workers
k. Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad
FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. 4, 5
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment.
d. 14 CFR Part 13 – Investigative and Enforcement Procedures.
e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150 – Airport Noise Compatibility Planning.
EXHIBIT B
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g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1
j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States.1
k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act).1
l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1
m. 49 CFR Part 20 – New Restrictions on Lobbying.
n. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964.
o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally-Assisted Programs.1, 2
q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.1
s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation.
t. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of
Countries That Deny Procurement Market Access to U.S. Contractors.
u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial
Assistance).
v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41 – Seismic Safety.
FOOTNOTES TO ASSURANCE (C)(1)
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal
assistance. Any requirement levied upon State and Local Governments by this regulation shall
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apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in this Grant Agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this 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.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed project
and comply with all terms, conditions, and assurances of this Grant Agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as may be
required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the
United States. It has sufficient funds available to assure operation and maintenance of items funded
under this Grant Agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to
the landing area of the airport or site thereof, or will give assurance satisfactory to the
Secretary that good title will be acquired.
b. For noise compatibility program 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 take or permit any action which 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 this Grant
Agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere
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with such performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease,
encumber, or otherwise transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A to this application or, for a noise compatibility program project,
that portion of the property upon which Federal funds have been expended, for the duration of
the terms, conditions, and assurances in this 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 this 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 make binding upon the
transferee all of the terms, conditions, and assurances contained in this Grant Agreement.
c. For all noise compatibility program 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 government. Except as otherwise specified by the
Secretary, that agreement shall obligate that government 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 program project. That agreement and changes thereto must
be satisfactory to the Secretary. It will take steps to enforce this agreement against the local
government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program 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. It will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public-use airport in accordance with these assurances
for the duration of these assurances.
f. If an arrangement is made for management and 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 ensure that the airport will be operated and maintained in
accordance with Title 49, United States Code, the regulations and the terms, conditions and
assurances in this Grant Agreement and shall ensure that such arrangement also requires
compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location on airport. Sponsors
of general aviation airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
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.
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7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which
project is proposed.
9. Public 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 goals
and objectives of such planning as has been carried out by the community and it shall, when
requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the
communities where the project is located or has advised the communities that they have the right
to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a
medium or large hub airport, the sponsor has made available to and has provided upon request to
the metropolitan planning organization in the area in which the airport is located, if any, a copy of
the proposed amendment to the airport layout plan to depict the project and a copy of any airport
master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance-Management.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport
pavement maintenance-management program and it assures that it will use such program for the
useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance
at the airport. It will provide such reports on pavement condition and pavement management
programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for
certification of such airport under 49 U.S.C. § 44706, 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 and deplaning from aircraft other than air carrier aircraft.
13. 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 this Grant, the total cost of the project in connection with
which this 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
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accounts and records shall 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 this 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 this 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 (6) months following the close of the fiscal year for which the audit was
made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant
Agreement which involve labor, provisions establishing minimum rates of wages, to be
predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public
Building, Property, and Works), 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.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement 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 Vietnam era
veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.
However, this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
16. 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 of the Secretary, shall be incorporated into this Grant Agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to
approval of the Secretary, and incorporated into this Grant Agreement.
17. 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 to the plans, specifications, and schedules approved by
the Secretary for the project. It shall subject the construction work on any project contained in an
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.
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18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the
project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning
project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a
notice that the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material
prepared with funds under this project shall be subject to copyright in the United States or any
other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise
use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the 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.
g. 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.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply
any assurance or commitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
19. Operation and Maintenance.
a. 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, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal, state, and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non-aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. 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. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration, or replacement of any structure or
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facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes) will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, 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, if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. 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 to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2. Charge 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.
c. Each fixed-based operator at the 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 and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air
carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules,
regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly
and substantially related to providing air transportation as are applicable to all such air carriers
which make similar use of such airport and utilize similar facilities, subject to reasonable
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classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport
provided an air carrier assumes obligations substantially similar to those already imposed on air
carriers in such classification or status.
f. 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, repair, and fueling) that it
may choose to perform.
g. In the event 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 commercial aeronautical service providers authorized by the
sponsor under these provisions.
h. The sponsor may establish such reasonable, 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
airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the
services at an airport by a single fixed-based operator shall not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based
operator to provide such services, and
b. 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 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 terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise compatibility project for
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which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 1987, will be expended by it 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 which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the
owner or operator of the airport, or provisions enacted before September 3, 1982, 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 revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor’s acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale. This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-year period) of
any airport improvement grant made to the private owner for any purpose other than land
acquisition on or after October 1, 1996, plus an amount equal to the federal share of the
current fair market value of any land acquired with an airport improvement grant made to
that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA
determines the airport sponsor meets the requirements set forth in Section 813 of Public
Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct
that the audit will review, and the resulting audit report will provide an opinion concerning, the
use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or
transferred to the owner or operator are paid or transferred in a manner consistent with Title
49, United States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of 49 U.S.C. § 47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary
may reasonably request and make such reports available to the public; make available to the
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public at reasonable times and places a report of the airport budget in a format prescribed by
the Secretary;
b. for airport development projects, 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;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this Grant Agreement
including deeds, leases, agreements, regulations, and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2. all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities 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 otherwise determined by the Secretary,
or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will 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 adjacent
thereto; or
b. The total number of movements (counting each landing as a movement) of Government
aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the
airport (the total movement of Government aircraft multiplied by gross weights of such
aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use 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 as the Secretary considers necessary or
desirable for construction, operation, and maintenance 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 a written request from the Secretary.
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29. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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 runways, taxiways, aprons, terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing
improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport’s property
boundary.
Such airport layout plans and each amendment, revision, or modification thereof, shall be
subject to the approval of the Secretary which approval shall be evidenced by the signature of
a duly authorized representative of the Secretary on the face of the airport layout plan. The
sponsor will not make or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by the Secretary and
which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of
the airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or
alteration in the airport or the facilities is made which the Secretary determines adversely
affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or
off the airport and which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the Secretary; or
2. bear all costs of relocating such property (or replacement thereof) to a site acceptable to
the Secretary and all costs of restoring such property (or replacement thereof) to the level
of safety, utility, efficiency, and cost of operation existing before the unapproved change in
the airport or its facilities except in the case of a relocation or replacement of an existing
airport facility due to a change in the Secretary’s design standards beyond the control of
the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on
the grounds of race, color, and national origin (including limited English proficiency) in accordance
with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to
2000d-4); creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123
and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or
disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
program and activity conducted with, or benefiting from, funds received from this Grant.
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a. Using the definitions of activity, facility, and program as found and defined in 49 CFR
§§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance with all non-discrimination requirements imposed by or
pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance)
for any of the sponsor’s program or activities, these requirements extend to all of the
sponsor’s programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance
extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in
the form of, or for the acquisition of real property or an interest in real property, the
assurance will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is
to provide, or is in the form of, personal property, or real property, or 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:
1. So long as the airport is used as an airport, or for another purpose involving the provision
of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests For Proposals for work, or material under this Grant Agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
“The ([Selection Criteria: Sponsor Name]), in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations,
hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract
entered into pursuant to this advertisement, [select businesses, or disadvantaged business
enterprises or airport concession disadvantaged business enterprises] will be afforded full and
fair opportunity to submit bids in response to this invitation and no businesses will be
discriminated against on the grounds of race, color, national origin (including limited English
proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in
consideration for an award.”
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and
regulations relative to non-discrimination in Federally-assisted programs of the
Department of Transportation (DOT), and incorporating the acts and regulations into the
contracts by reference in every contract or agreement subject to the non-discrimination in
Federally-assisted programs of the DOT acts and regulations.
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2. It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of
race, color, national origin (including limited English proficiency), creed, sex (including
sexual orientation and gender identity), age, or disability as a covenant running with the
land, in any future deeds, leases, license, permits, or similar instruments entered into by
the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, 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 be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
§ 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value
and consistent with noise buffering purposes, the lease will not be considered a disposal of the
land. Revenues derived from such a lease may be used for an approved airport development
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project that would otherwise be eligible for grant funding or any permitted use of airport
revenue.
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, upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
§ 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
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 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.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title
49 U.S.C., it will award each contract, or sub-contract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering,
design, engineering, surveying, mapping or related services in the same manner as a contract for
architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an
equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
33. 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
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the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance
with policies, standards, and specifications approved by the Secretary including, but not limited to,
current FAA Advisory Circulars (https://www.faa.gov/airports/aip/media/aip-pfc-checklist.pdf) for
AIP projects as of [Selection Criteria: Project Application Date].
35. Relocation and Real Property Acquisition.
a. 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.
b. It will provide a relocation assistance program offering the services described in Subpart C of 49
CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart D and E of 49 CFR Part 24.
c. 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.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport; however, it has no obligation to fund
special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award
and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor
shall not discriminate on the basis of race, color, national origin or sex in the administration of its
Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business
Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take
all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are
incorporated by reference in this agreement. Implementation of these programs is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Parts 26 and 23 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. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such
terms and conditions on the hangar as the airport owner or operator may impose.
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39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C.
§ 47102) has been unable to accommodate one or more requests by an air carrier for access to
gates or other facilities at that airport in order to allow the air carrier to provide service to the
airport or to expand service at the airport, the airport owner or operator shall transmit a report
to the Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides a time frame within which, if any, the airport will be able to accommodate the
requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) in the six month period prior to the applicable due date.
EXHIBIT B
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EXHIBIT C
DocuSign Envelope ID: 345BA6E0-32E8-408D-B2DE-F4E6AF1D6D64
Exhibit “C”
DISCLOSURE OF CONFLICT OF INTEREST
between City of Fresno (“Fresno”)
(“ ”)
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its
agents?
2 Do you represent any firm, organization or person who is in
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
4 Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with the
City of Fresno, or in a business which is in litigation with the City of
Fresno?
5 Are you or any of your principals, managers or professionals,
related by blood or marriage to any City of Fresno employee who
has any significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
(name)
(company)
(address)
Additional page(s) attached.
(city state zip)
Temporary Use Permit
BPM Enterprises Inc. dba. Los Mexicanos Frutas y Antojitos Los Mexicanos
DocuSign Envelope ID: 345BA6E0-32E8-408D-B2DE-F4E6AF1D6D64
BARDO PEREZ MENDOZA
BPM Enterprises INC
X
NINGUNA
X
9630 Hwy. 41 Spc 42
X
X
X
Lemoore. CA 93245
3/11/2024
X