HomeMy WebLinkAboutGus Inc. a dba of Sierra Aviation Group FYI Airport Temporary Use Permit - 4-9-24
FRESNO YOSEMITE INTERNATIONAL AIRPORT
TEMPORARY USE PERMIT
Issued By
CITY OF FRESNO, CALIFORNIA
To
GUS INC., dba SIERRA AVIATION GROUP
A CALIFORNIA CORPORATION
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FRESNO YOSEMITE INTERNATIONAL AIRPORT
TEMPORARY USE PERMIT
THIS PERMIT is issued this ____ day of ________ 2024, by the CITY OF FRESNO,
CALIFORNIA, a municipal corporation (City), acting by and through the Director of
Aviation of City (Director), to GUS INC., dba Sierra Aviation Group, a California
Corporation (Permittee).
RECITALS
WHEREAS, City owns and operates Fresno Yosemite International Airport, formerly and
also known as Fresno Air Terminal, a public use airport located in the City of Fresno,
State of California (Airport or FAT); and
WHEREAS, Permittee is engaged in the business of transportation of persons, property,
or mail by air, and desires to use certain facilities at the Airport, and lease from City certain
premises and facilities in connection with its use of the Airport 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 occupy space in the main passenger terminal building
at Airport for the purposes of providing space for certain equipment and operations
performed and used by Permittee's employees; and
WHEREAS, Permittee has requested that City issue a Temporary Use Permit authorizing
Permittee to use the space as detailed in Exhibit A attached hereto and incorporated
herein to this permit, for a fee, for a specific period of time; and
WHEREAS, City has determined that it is in the best interest of City and Airport to issue
a Temporary Use 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 the six-month period commencing April 29,
2024 and ending October 28, 2024, unless terminated earlier in the manner
hereinafter provided.
3. Fees and Charges:
a. Application of Terminal Area Rental Rates:
(1) The Terminal Area Rental Rate, as stated in the Master Fee Schedule as
amended from time to time (Terminal Area Rental Rate), shall be applied to
Exclusive Use Space and Preferential Use Space on a per square foot basis.
(2) Room C135 comprising 182 square feet of passenger terminal as shown in
Exhibit A attached hereto and hereby made a part hereof is Permittee’s
exclusive use space in “As Is” condition.
b. Monthly Permit Fees.
Monthly Permit Fees are due and payable on or before the 1st day of the month,
without an invoice. Permittee agrees to pay to City a Monthly Permit Fee in the
amount of $500.00.
c. Place of Payment: All fees/charges due to be paid to City 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 City and delivered or wired, as applicable,
to the following address or account, City 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 City
under the provisions of this Permit not be received by City within five (5) calendar
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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 City each and every month until the entire delinquent amount
is received by City.
e. Security Deposit: Permittee shall provide to City a Security Deposit in an amount
equal to three (3) months Permit Fees and Charges. Such deposit shall be in the
form of cash, a Surety Bond issued by an insurance company authorized to do
business in the State of California and authorized to write such bonds in said State,
or a non-revocable Letter of Credit established in favor of City for the account of
Permittee by a federally chartered bank acceptable to City, guaranteeing the
faithful performance of all of the covenants and conditions herein to be performed
by Permittee. Upon the expiration or termination of this Permit, and the payment
of all fees and charges due to the City for the privileges granted in this Permit, the
Security Deposit shall be refunded to Permittee, provided there are no other
outstanding claims or charges against Permittee. City shall not be required to pay,
and City shall not pay, any interest on this Security Deposit.
f. Employee Parking Facilities: Permittee managers working at the terminal building
shall have the right to the use of vehicular parking facilities in common with other
employees. Such facilities shall be located in an area designated by City. City
reserves the right to assess a reasonable charge to recover the costs of providing
such space to such employees, in common with other Airport/tenant employees,
for such parking facilities. The rate shall be set by the Master Fee Schedule.
g. Monthly Activity Report: Permittee shall furnish to Director or designee on or
before the fifteenth (15th) day of each month, an accurate written report of
Permittee’s operations at the Airport during the preceding month, including but not
limited to the following, as shown in Exhibit B:
(1) Total number of Passengers handled by Permittee, by date and flight
number; and
(2) Other such information that City may request from Permittee to prepare
airline invoices and establish and assess rates and charges.
If Permittee fails to furnish Director with the report required by Section 3(g), by
the date specified within Section 3(g), it shall be considered in default under
this Permit and Permittee’s operations at the Airport can be terminated.
Monthly Activity Report shall be delivered to City at the address below or at
such address to which City, by service of written notice upon Airline, may direct
the delivery thereof, from time to time:
Via Mail/Express
City of Fresno
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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: City grants Permittee the privilege of
using, on a Temporary Use Basis, those certain premises, located at the Fresno
Yosemite International Airport, 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 as an office and storage of equipment
used by Permittee's employees, for the purpose of providing wheelchair services
under the Airlines Use Agreement entered into by Volaris and such other
purposes as may reasonably be deemed incidental thereto, and for no other
purpose whatsoever.
b. Limitations on Use of Temporary Use Premises:
(1) Permittee shall neither use, suffer, nor permit the use of the Temporary Use
Premises for any improper, immoral, unlawful (including illegal
discrimination), unauthorized, or objectionable purpose(s).
(2) Permittee shall neither use, suffer, nor permit the use of the Temporary Use
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 Airport
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 City or the
appearance of the Airport.
6. Access Control: Any control over access to/from the Temporary Use Area shall be
the responsibility of Permittee. City shall have no responsibility whatsoever in this
matter.
7. 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.
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8. Signs and Displays:
a. Within Temporary Use Premises: Permittee may place such signs and 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 be compatible
with the decor of the Passenger Terminal Building, and further provided that all
such sign or display installations shall be approved in advance by Director. In the
event of any complaint about any sign or display, Director 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 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 sign shall be erected/installed or operated until Permittee has first
submitted written request, together with descriptions, plans and drawings of
such proposed sign, to Director and has received prior written approval from
Director.
(2) Permittee shall obtain any permits or approvals required for such signs and
shall bear all costs and expenses pertaining to the construction, installation,
maintenance, repair and removal of any and all signs.
(3) Any and all signs desired by or required of Permittee hereunder shall be
installed by Permittee at Permittee's cost and expense.
(4) All such signs and/or displays are to be removed upon expiration or earlier
termination of this Permit, and the Temporary Use Premises otherwise
restored to their original condition, all at the sole cost and expense of
Permittee.
c. Exterior Signs and Outside Storage: Installation of exterior signs and /or outside
storage of any materials, supplies, products, equipment or other personal property
in or about the Temporary Use Premises or elsewhere on Airport, unless expressly
permitted by this Permit, is prohibited.
9. Alterations/Additions/Modifications/Improvements: Neither City or Permittee shall be
obligated to make, nor neither City or Permittee shall make any alterations, additions,
modifications, or improvements in/on/to any part of the Temporary Use Premises, at
any time during the term hereof, for any purpose whatsoever.
10. Inspection/Examination/Condition/Acceptance of the Temporary Use Premises:
Permittee expressly warrants, stipulates, acknowledges, agrees, and/or represents to
City as set forth within the following sub-paragraphs of this paragraph 10.
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a. Inspection and Examination by Permittee: Prior To Permittee's Affixing its
Signature(s) hereto, Permittee inspected and examined the Temporary Use
Premises and all of the improvements located in and/or on same and the facilities
appurtenant thereto and determined and/or was assured, by means independent
of City or any employee, agent, or representative of City, to Permittee's full and
complete satisfaction, the condition thereof, and Permittee also determined or
was assured, to Permittee's full and complete satisfaction, by means
independent of City or any employee, agent, or representative of City, of the truth
of all facts material to this Permit, and this Permit is/was executed by Permittee
as a result of Permittee’s inspection and investigation and not as a result of any
representations made by City or any employee, agent, or representative of City.
b. Condition of Temporary Use Premises: At the time of execution of this Permit by
Permittee, the Temporary Use Premises was in a clean, safe, habitable, and, for
such uses/purposes as are herein expressly authorized, usable condition.
c. Acceptance of Temporary Use Premises by Permittee: Permittee warrants to
City that prior to Permittee’s execution hereof, Permittee, by means independent
of City or any employee, agent or representative of City, 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 the term hereof.
11. Liability for Damage: Permittee shall be liable for and shall promptly repair any
damage to the Temporary Use Premises where such damage shall be 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 Airport
premises/facilities where such damage shall be attributable to any act or omission on
the part of Permittee, Permittee's employees, contractors, subcontractors, agents,
representatives, associates, guests and/or invitees. Should Permittee fail or be
unable to promptly affect any such repairs, City shall have the right to make such
repairs, and Permittee agrees to reimburse City for all reasonable costs of such
repairs, including reasonable administrative costs.
12. 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 and janitorial service necessary to maintain the Temporary
Use Premises and any appurtenant facilities in good condition and repair and
neat and clean appearance.
b. Re-delivery. Upon any termination of this Permit, Permittee shall have no
right(s), title or interest in or to the Temporary Use Premises, and Permittee shall
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peaceably and quietly discontinue use of the Temporary Use Premises and quit
and deliver up such to City. At City’s option, the Temporary Use Premises may
be left in the condition which exists at the time of the termination of this Permit,
or City may require Permittee to return the Temporary Use Premises to the
identical condition as when received. In the event Permittee fails, upon City’s
request, to return the Temporary Use Premises to City in the identical condition
as when received, City shall have the right to make all necessary restoration and
invoice Permittee for all related costs incurred. Permittee agrees to pay, upon
demand, any and all such charges billed by City pursuant to this subsection. The
provisions of this subsection shall survive termination of this Permit.
13. City's Right to Enter. City's representatives shall have the right to enter upon all or
any part of the Temporary Use Premises 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 City for the full cost
of performing such repairs.
14. Utilities: City shall pay all charges for water, sewage, gas, and electricity supplied to
and used by the Temporary Use Premises. City 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 facility rental rates, as authorized in City’s Master Fee Schedule.
a. Electricity, Heating and Air Conditioning: During the term of this Permit, taking
into account the availability of such utility service from City's commercial
suppliers and prudent energy conservation measures, City shall provide to the
Temporary Use Premises lighting, other electrical service, and heating and air
conditioning, as such are normally provided by City within the building in which
said space is located; but, City shall not be liable to Permittee, in any way
whatsoever, as a result of any failure or inability of the City to so perform.
b. Other Utilities: Permittee shall have the right to install telephone or other
telecommunications service and equipment in the Temporary Use Premises, at
Permittee’s sole cost and expense, upon approval of detailed plans for such
installation by Director. If Permittee does have any utilities other than Electricity,
Heating and Air Conditioning installed in the Temporary Use Premises, Permittee
will pay all costs thereof before delinquency and hold City harmless therefrom.
15. Disposable Waste: Permittee shall use the outdoor receptacles provided by City for
the collection and removal of all trash, garbage and other refuse resulting from the
operation of the Passenger Terminal Building, including the activities authorized in this
Permit. 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
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other refuse. Piling of boxes, cartons, barrels or other items in an unsafe or unsightly
manner in or about Airport or the Temporary Use Premises is prohibited.
16. Control of Hazards and Nuisances: Permittee shall, at all times, keep the Temporary
Use Premises and each and every part thereof in a neat, clean and orderly condition,
and shall prevent the accumulation of, and shall maintain said 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 or permit the conducting of any activity on the 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 the Airport 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 Temporary
Use Premises, or arising from Permittee's use(s) or occupancy(ies) thereof, including,
but not limited to, soil and ground water conditions.
17. Indemnification
a. Except to any extent expressly provided for in this Permit, and to the furthest
extent allowed by law, Permittee shall indemnify, hold harmless and defend
City and its officers, officials, employees, agents, and volunteers (hereinafter
referred to collectively as “City”) 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, including damage by fire or other casualty) arising or alleged to have
arisen directly or indirectly out of the Permittee’s: (i) occupancy, maintenance
and/or temporary, non-exclusive use of FAT; (ii) use of any Common Use
Space, Joint Use Space, Preferential Use Space, and Shared Use Space at
FAT; or (iii) performance of, or failure to perform, this Permit. Permittee’s
obligations under the preceding sentence shall apply regardless of whether
City or any of its officers, officials, employees, agents, or volunteers are
passively negligent, but shall not apply to any loss, liability, fines, penalties,
forfeitures, costs, or damages caused by the active or sole negligence, or the
willful misconduct, of City or any of its officers, officials, employees, agents, or
volunteers.
b. Permittee acknowledges that 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, including
damage by fire or other casualty) arising out of or in any way connected with
releases or discharges of a Hazardous Substance, or the exacerbation of a
potential environmental hazard, occurring as a result of or in connection with: (i)
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Permittee’s occupancy, maintenance, and/or use of FAT; (ii) Permittee’s use of
any Common Use Space, Exclusive Use Space, Joint Use Space, Preferential
Use Space, and Shared Use Space at FAT; (iii) Permittee’s activities or the
activities of any of Permittee’s representatives (including, without limitation, any
of Permittee’s officers, officials, employees, agents, volunteers, consultants,
sub-consultants, contractors, or subcontractors), and all reasonable costs,
expenses, and liabilities for environmental investigations, monitoring,
containment, abatement, removal, repair, cleanup, restoration, remediation,
and other response costs, including reasonable attorney’s fees and
disbursements and any fines and penalties imposed for the violation of any legal
requirements relating to the environment or human health, are expressly within
the scope of the indemnity set forth above.
c. Permittee’s occupancy, maintenance, and/or use of FAT, and use of all or any
part of FAT, including, but not limited to, use of any Common Use Space,
Exclusive Use Space, Joint Use Space, Preferential Use Space, and Shared Use
Space at FAT, shall be at Permittee’s sole risk and expense. Permittee accepts
all risk relating to Permittee’s: (i) occupancy, maintenance, and/or use FAT; (ii)
Permittee’s use of any Common Use Space, Exclusive Use Space, Joint Use
Space, Preferential Use Space, and Shared Use Space at FAT; or (iii)
performance of, or failure to perform, this Permit City shall not be liable to
Permittee and its insurer(s) for, and Permittee and its insurer(s) hereby waive and
release City from, any and all loss, liability, fines, penalties, forfeitures, costs, or
damages resulting from or attributable to an occurrence on or about FAT, or all
or any part of FAT, including, but not limited to, use of any Common Use Space,
Exclusive Use Space, Joint Use Space, Preferential Use Space, and Shared
Use Space at FAT, in any way related to the Permittee’s operations and
activities. This waiver shall not extend to any and all loss, liability, fines,
penalties, forfeitures, costs, or damages caused solely by the gross-
negligence, or by the willful misconduct of City.
d. Permittee shall immediately notify City of any occurrence on Permittee’s use of
any Common Use Space, Exclusive Use Space, Joint Use Space, Preferential
Use Space, and Shared Use Space at FAT, resulting in injury or death to any
person or damage to property of any person.
e. If Permittee should contract any work at FAT or subcontract any of its
obligations under this Permit, Permittee shall require each consultant, sub-
consultant, contractor, and subcontractor to indemnify, hold harmless and
defend City and its officers, officials, employees, agents and volunteers in
accordance with the terms of this Section.
f. The provisions of this Section shall survive the termination or expiration of this
Permit.
18. Exemption.
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Permittee hereby specifically warrants, covenants, and agrees that City shall
not be liable for injury to Permittee’s business or any loss of income therefrom
or for damage to the goods, wares, merchandise or other property of Permittee,
Permittee’s employees, patrons, invitees, or any other person whomsoever, in
or about FAT, nor shall City be liable for injury to the person of Permittee,
Permittee’s agents, employees, contractors, subcontractors, customers, or
invitees, whether or not said damage or injury is caused by or results from fire,
steam, electricity, gas, water or rain, or from the leakage, breakage, obstruction
or other defects of pipes, sprinklers, wires, appliances, plumbing, air
conditioning or lighting fixtures, or from any other cause, whether or not said
damage or injury results from conditions arising in or on any part or all of FAT
or in or on any of the improvement(s) and facilities appurtenant thereto located
therein or from other sources or places, and regardless of whether or not the
cause of such damage or injury or the means of repairing the same is
inaccessible to Permittee, except where such injury, damage, and/or loss shall
have been caused solely by the gross negligence or willful misconduct of City.
Permittee also covenants and agrees that City shall not be liable for any
damages arising from any act or neglect on the part of any third parties.
19. Insurance
A. Throughout the life of this Permit, Permittee shall pay for and maintain in full
force and effect all insurance as required herein with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VII" in the
Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City’s
Risk Manager or designee at any time and in its sole discretion. The City,
its officers, officials, employees, agents, and volunteers (referred to
collectively as “City”) requires policies of insurance as stated herein shall
maintain limits of liability of not less than those amounts stated therein.
However, the insurance limits available to City, shall be the greater of the
minimum limits specified therein or the full limit of any insurance proceeds to
the name insured.
B. If at any time during the life of the Permit or any extension, Permittee or any
of its subcontractors fail to maintain any required insurance in full force and
effect, all services and work under this Permit shall be discontinued
immediately until notice is received by City that the required insurance has
been restored to full force and effect and that the premiums therefore have
been paid for a period satisfactory to City. Any failure to maintain the
required insurance shall be sufficient cause for City to terminate this Permit.
No action taken by City pursuant to this section shall in any way relieve
Permittee of its responsibilities under this Permit. The phrase “fail to
maintain any required insurance” shall include, without limitation, notification
received by City that an insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
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C. The fact that insurance is obtained by Permittee shall not be deemed to
release or diminish the liability of Permittee, including, without limitation,
liability under the indemnity provisions of this Permit. The duty to indemnify
City shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Permittee. Approval or
purchase of any insurance contracts or policies shall in no way relieve from
liability nor limit the liability of Permittee, vendors, suppliers, invitees,
contractors, subcontractors, or anyone employed directly or indirectly by
any of them.
Coverage shall be at least as broad as:
1. 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 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.”
2. 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 Permitted vehicles
(Code 1 – Any Auto).
3. Workers’ Compensation insurance as required by the State of
California and Employer’s Liability Insurance.
Minimum Limits of Insurance
Permittee, or any party the Permittee subcontracts with, shall maintain limits
of liability of not less than those set forth below. However, insurance limits
available to City and each of its officers, officials, employees, agents, and
volunteers as additional insureds, shall be greater of the minimum limits
specified herein or the full limit of any insurance proceeds available to the
name insured:
1. AVIATION/AIRPORT OR GENERAL LIABILITY:
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insurance which shall be at least as broad as Insurance
Services Office (ISO) form CG 00 01 and shall include
coverage for “bodily injury,” “property damage,” and
“personal and advertising injury,” including premises and
operation, hangarkeepers legal liability, products and
completed operations, and contractual liability (including,
without limitation, indemnity obligations under this Permit),
with limits of liability of not less than $5,000,000 per
occurrence for bodily injury and property damage,
$1,000,000 per occurrence for personal and advertising
injury, $5,000,000 aggregate for products and completed
operations, and $10,000,000 general aggregate.
Permittee may substitute Airport Liability Insurance
for this insurance provided the coverage is as broad
as required and the limits of liability are not less than
required.
2. COMMERCIAL AUTOMOBILE LIABILITY: insurance which
shall be at least as the most current version of Insurance
Service Office (ISO) Business Auto Coverage Form CA 00 01,
and include coverage for all owned, hired, and non-owned
automobiles or other licensed vehicles (Code 1 – Any Auto)
with limits of liability of not less than $10,000,000 per accident
for bodily injury and property damage.
3. WORKERS’ COMPENSATION: insurance as required
under the California Labor Code.
4. EMPLOYER’S LIABILITY: insurance with limits of liability
of not less than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
Subcontractors
If Permittee subcontracts any or all of the services to be performed under
this Permit, Permittee shall require, at the discretion of the City’s Risk
Manager or designee, subcontractor(s) to enter into a separate Side
Agreement with City to provide required indemnification and insurance
protection. Any required Side Agreement(s) and associated insurance
documents for the subcontractor must be reviewed and preapproved by
City’s Risk Manager or designee. If no Side Agreement is required,
Permittee will be solely responsible for ensuring that its subcontractors
maintain insurance coverage at levels no less than those required by
applicable law and is customary in the relevant industry.
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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 City and each of its officers, officials, employees, agents, and
volunteers.
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
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 30 calendar days written notice has been given to City,
except ten days for nonpayment of premium. Permittee is also responsible
for providing written notice to City under the same terms and conditions.
Upon issuance by the insurer, broker, or agent of notice to cancellation, non-
renewal, or reduction in coverage or in limits, Permittee shall furnish City
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
City, Permittee shall provide a new certificate, and applicable
endorsements, evidencing renewal of such policy not less than 15 calendar
days prior to the expiration date of the expiring policy.
The Commercial General/Aviation Liability policies shall be written on an
occurrence form.
The Commercial General/Aviation and Automobile Liability policies of
insurance shall be endorsed to name City, its officers, officials, employees,
agents, and volunteers as additional insureds.
Permittee shall establish additional insured status for City and for all ongoing
and completed operations by use of ISO Forms as broad as CG 20 10 11
85 or by an executed manuscript insurance company endorsement providing
additional insured status as broad as that contained in ISO Form CG 20 10
11 85.
The Commercial General/Aviation and Automobile Liability policies of
insurance shall be endorsed so Permittee’s insurance shall be primary and no
contribution shall be required of City. The coverage shall contain no special
limitations on the scope of protection afforded to City, its officers, officials,
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employees, agents, and volunteers. If Permittee maintains higher limits of
liability than the minimums shown above, City requires and shall be entitled
to coverage for the higher limits of liability maintained by Permittee.
Should any of the required policies provide that the defense costs are paid
within the Limits of Liability, thereby reducing the available limits by any
defense costs, then the requirement for the Limits of Liability of these
policies will be twice the above stated limits.
All insurance policies shall contain, or be endorsed to contain, a waiver of
subrogation as to City, its officers, officials, employees, agents, and
volunteers.
a. Permittee shall furnish City with all certificate(s) and applicable
endorsements effecting coverage required hereunder. All
certificates and applicable endorsements are to be received and
approved by the City’s Risk Manager or designee prior to City’s
execution of the Permit. Such evidence of insurance shall be
provided to City at the following address:
City of Fresno, Airports Department
4995 E. Clinton Way
Fresno, CA 93727
FYIProperties@fresno.gov
b. Upon request of City, Permittee shall immediately furnish City 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.
c. Any failure to maintain the required insurance shall be sufficient
cause for City to terminate this Permit. No action taken by City
hereunder shall in any way relieve Permittee of its responsibilities
under this Permit.
The fact that insurance is obtained by Permittee shall not be
deemed to release or diminish the liability of Permittee, including,
without limitation, liability under the indemnity provisions of this
Permit. The duty to indemnify City and its officers, officials,
employees, agents, and volunteers shall apply to all claims and
liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Permittee. Approval
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or purchase of any insurance contracts or policies shall in no way
relieve from liability nor limit the liability of Permittee.
d. Permittee and its insurers hereby waive all rights of recovery
against City and its officers, officials, employees, agents, and
volunteers, on account of injury, loss by or damage to the
Permittee or its officers, officials, employees, agents, volunteers,
invitees, consultants, sub-consultants, contractors, and
subcontractors, or its property or the property of others under its
care, custody, and control. Permittee shall give notice to its
insurers that this waiver of subrogation is contained in this Permit.
This requirement shall survive termination or expiration of this
Permit.
e. If Permittee should contract any work on the Premises or
subcontract any of its obligations under this Permit, Permittee shall
require such consultant, sub- consultant, contractor, and
subcontractor to provide insurance protection in favor of City and
its officers, officials, employees, agents, and volunteers in
accordance with the terms of each of the preceding paragraphs,
except that the consultants’, sub-consultants’, contractors’, or
subcontractors’ certificates and endorsements shall be on file with
Permittee and City prior to the commencement of any work by the
consultant, sub-consultant, contractor, or subcontractor.
20. Nonliability of City
a. Without wavier or limitation, City 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,
vendor, supplier, consultant, subconsultant, contractor, subcontractor or
invitee, however caused.
b. City 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 City.
21. Taxes: Permittee agrees to pay, before delinquency, as and when due, any and all
lawful taxes, assessments or charges which, during the life hereof, may be levied by
the State, County, City, and/or other tax-levying body on any part or all of the personal
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property of Permittee and/or upon the Possessory Interest, if any, of Permittee in
Airport's premises under this Permit.1
22. Non-Transferability: This Permit is Non-Transferable and shall be valid only for the
herein named Permittee for and to whom issued; 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.
23. 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.
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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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.
24. Independent Contractor: Permittee is and throughout this Permit shall be an
independent contractor and not an employee, partner, or agent of the City. Neither
party shall have any right to control, supervise or direct the manner or method or
choice by which the other party or its contractors shall perform its or their work or
function. However, each party shall retain the right to verify that the other is performing
its respective obligations in accordance with the terms hereof.
a. Neither the Permittee, nor any of its officers, associates, agents, or employees
shall be deemed an employee of the City for any purpose. Permittee shall not
be entitled to nor shall it receive any benefit normally provided to employees of
the City such as, but not limited to, vacation payment, retirement, health care or
sick pay. The City 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.
25. Partnership/Joint Venture: This Permit does not evidence a partnership or joint
venture between Permittee and City. Except the any extent expressly provided for in
this Permit, (i) the City 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 the City 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.
26. Review/Examination of Permit: Submission of this instrument by City 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 City and
Permittee.
27. Interpretation of Provisions: Nothing herein contained shall be construed or
interpreted, in any manner whatsoever, as limiting, relinquishing or waiving any of the
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rights of ownership enjoyed by City in and to Airport property, or in any manner waiving
or limiting City’s control over the operation, maintenance, etc., of Airport property or in
derogation of such governmental rights as City possesses, except as is specifically
set forth herein.
28. 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.
29. Captions and Paragraph Numbers: The captions, paragraph 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.
30. 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.
31. Amendment: This Permit may not be changed, amended, or otherwise modified in
any way whatsoever, except in writing, signed by both City and Permittee.
32. Federal Grant Agreement Assurances: Those certain thirty-nine (39) numbered
provisions set forth within Section "B", "Assurances", of Exhibit C, "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
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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 City, 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.
33. 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 City to Permittee nor acceptance of this Permit
by Permittee constitutes, in any way whatsoever, any agreement by or on behalf of
City to enter into any further/other agreement, permit, lease, or other arrangement of
any type whatsoever, beyond the term of or in addition to this Permit.
34. Revocation of Permit by City: If, at any time during the term of this Permit, 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 City 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 City pursuant to the provisions of this
section, Permittee shall remove all of its personal property from the Temporary Use
Premises and peacefully vacate and surrender said premises back to City not later
than the revocation time and date specified within City’s notice. Revocation of this
Permit by City under the provisions of this section shall not be construed as a waiver
of any claim City 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.
35. Required Accessibility Disclosure: A Certified Access Specialist (CASp) can inspect
the subject premises and determine whether the subject 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 premises, the commercial
property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp
inspection of the subject premises for the occupancy or potential occupancy of the
lessee or tenant, if requested by the lessee or tenant. 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 premises.
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36. Interpretation: The 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.
37. 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.
38. Exhibits: Each exhibit and attachment referenced in this Permit is, by the reference,
incorporated into and made a part of this Permit.
39. 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.
40. 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.
41. 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.
42. 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.
43. Assigns/Successors: Subject to section 21 above, this Permit and all rights, benefits,
duties, liabilities and obligations hereunder shall inure to the benefit of, and be binding
upon the parties, signatories, and their respective principals, successors, transferees,
agents, servants, representatives and assigns.
44. 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
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interpretation of this Permit and any rights and duties hereunder shall be Fresno
County, California.
45. 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 City and Permittee.
46. 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
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
Address for Notice:
City of Fresno Airports Department
4995 E. Clinton Way
Fresno, CA 93727
APPROVED AS TO FORM:
Andrew Janz
City Attorney
By:
Brandon M. Collet Date
Assistant City Attorney
ATTEST:
Todd Stermer, CMC
City Clerk
By:
Deputy
GUS, Inc. dba Sierra Aviation Group
A California Corporation
By:
Name:
Title:
(If corporation or LLC., must be CEO/
President of Board/Vice President of
Board)
By:
Name:
Title:
(If corporation or LLC., must be
CFO/Treasurer/Secretary)
Address for Notice:
GUS Inc. dba Sierra Aviation Group
Attn.:
Email:
Office:
4 Attachments -
Exhibit A - Description of Temporary Use Premises – Exclusive/Preferential Use
Exhibit B – Monthly Report Form
Exhibit C - Assurances Required by The Federal Aviation Administration
Exhibit D - Conflict of Interest Form
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President & CEO
Heba Abulazm
4/9/2024
CFO
Zaid Abbadi
Zaid @sierraaviationgroup.com
8939 S Sepulveda Suite 502 Los Angeles CA 900
4/9/2024
Zaid Abbadi
4/9/2024
4/10/2024
4/10/2024
EXHIBIT A
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FRESNO YOSEMITE INTERNATIONAL AIRPORTTERMINAL ROOM MAP - ROOM T135LOCATION MAPDocuSign Envelope ID: B3EF2553-9A77-4C3A-A6DC-67756B5759E9
EXHIBIT B
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Concessionaire:
For Month of: Year:
Airline Name:
Day
Number of
Passengers Serviced Flight Time
Wheelchair Monthly Activity Report
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EXHIBIT C
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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
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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
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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.
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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.
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EXHIBIT D
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Exhibit “D”
DISCLOSURE OF CONFLICT OF INTEREST
TEMPORARY USE PERMIT between City of Fresno (“Fresno”)
GUS, Inc. dba Sierra Aviation Group (“ Sierra Aviation Group ”)
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)
DocuSign Envelope ID: B3EF2553-9A77-4C3A-A6DC-67756B5759E9
X
X
X
N/A
Zaid Abbadi
Sierra Aviation Group
8939 S Sepulveda Suite 502
X
X
Los Angeles CA 90045
4/9/2024
X