HomeMy WebLinkAboutSouthwest Adventure Tours, LLC Ground Transportation Permit #A24-0001- FYI Airport - 5-1-24 DocuSign Envelope ID:3A35AOA2-ABC2-4520-A997-ABE5CBF8DB39
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FRESNO YOSEMITE
International Airport
GROUND TRANSPORTATION PERMIT FOR
GROUND TRANSPORTATION PROVIDERS COMING ONTO
FRESNO YOSEMITE INTERNATIONAL AIRPORT
ISSUED TO: SOUTHWEST ADVENTURE TOURS, LLC
PERMIT NO: A24-0001
FYI-S Ground Transportation Permit(01-2022)
DocuSign Envelope ID:3A35AOA2-ABC2-4520-A997-ABE5CBF8DB39
Contents
RECITALS........................................................................................................................4
AGREEMENT...................................................................................................................4
ARTICLE I - DEFINITIONS...............................................................................................5
ARTICLE II - TERM OF PERMIT......................................................................................8
Section2.01 Term. ..............................................................................................8
Section 2.02 Renewal of Permit......................................... .
ARTICLE III — PERMITTEES RIGHTS, PRIVILEGES AND OBLIGATIONS ....................9
Section 3.01: Representations and Covenants by the Permittee.........................9
Section 3.02: Permittee's Rights, Privileges and Obligations...............................9
Section3.03: Space...........................................................................................13
Section 3.04: City's Covenant Regarding More Favorable Terms. ....................13
ARTICLE IV- FEES AND CHARGES ............................................................................13
Section 4.01: Permit Fees..................................................................................13
Section 4.02: Ground Transportation Fee.......................................................... 13
Section4.04: Payment....................................................................................... 13
Section 4.06: Late Payment Charges ................................................................ 14
Section 4.07: Place and Manner of Payments...................................................14
Section 4.09: Taxes and Assessments..............................................................14
Section 4.10: City's Right to Audit Statements and Reports. .............................14
Section 4.11: Other Information. ..........................................................................15
ARTICLE V - VEHICLE REQUIREMENTS.....................................................................15
ARTICLE VI - INDEMNIFICATION, EXCEPTION OF CITY, AND INSURANCE............16
Section 6.01: Indemnification.............................................................................16
Section 6.02: Exemption of City.........................................................................16
Section 6.03: Insurance. ................... ...................................................17
Section 6.04: Delivery to Director of Evidence of Insurance. ............. ...............18
Section 6.05: Expiration of Insurance Policy......................................................18
Section 6.06: Adjustment of Claims...................................................................19
ARTICLE VII —WAIVER.................................................................................................19
Section 7.01: Waiver by Permittee.....................................................................19
Section 7.02: Reimburse City's Costs................................................................19
Section 7.03: Assumption of Risk from Flights...................................................19
Section 7.04: No Waiver by City. .......................................................................20
ARTICLE VIII - ASSIGNMENT .......................................................................................20
Section 8.01: Assignment. ...................................................................................20
Section 8.02: Modification....................................................................................20
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ARTICLE IX- REVOCATION OR SUSPENSION OF PERMIT......................................20
ARTICLE X - DEFAULTS AND REMEDIES ........................................................20
Section 10.01: Default by City...........................................................................20
Section 10.02: Default by Permittee. ................................................................21
Section 10.03: Additional Terms. ......................................................................22
ARTICLE XI - NON-DISCRIMINATION ..........................................................................22
Section 11.01: Non-Discrimination....................................................................22
Section 11.02: Airport Concession Disadvantaged Business Enterprise (ACDBE)
Program. ........................................................................................................23
Section 11.03: Federal Immigration Reform and Control Act..............................24
ARTICLE XII - MISCELLANEOUS PROVISIONS ..........................................................24
Section 12.01: No Personal Liability....................................................................24
Section 12.02: Permits with the United States..................................................24
Section 12.03: Modifications for Granting FAA Funds. .....................................24
Section12.04: Notices......................................................................................24
Section 12.05: Amendments—........................ .............................................25
Section 12.06: Headings; Construction of Permit; Gender................................25
Section 12.07: Force Majeure...........................................................................25
Section 12.08: Exclusiveness of Permittee's Rights. ........................................25
Section 12.09: Withholding Required Approvals...............................................25
Section 12.10: Inspection of City Records. .........................................................25
Section 12.11: Successors and Assigns. ............................................................26
Section 12.12: Accord and Satisfaction. ..........................................................26
Section 12.13: Observation of Governmental Regulations. ..............................26
Section 12.14: Governing Law and Venue...........................................................27
Section12.15: Waiver.......................................................................................27
Section 12.16: Modification.................................................................................27
Section 12.17: Severability of Provisions..........................................................27
Section 12.18: Conflicts of Interest. ..................................................................27
Section 12.19: Entire Permit. ............................................................................27
Section 12.20: Confidentiality. ..........................................................................28
Section 12.21: Monetary Damages.....................................................................28
ARTICLEXIII: SIGNATURE ..........................................................................................30
Attachments
Exhibit A: Fresno Yosemite International Ground Transportation Rules and
Regulations
Exhibit B: FAA Grant Assurances
Exhibit C: Disclosure of Conflict of Interest Form
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GROUND TRANSPORTATION PERMIT FOR GROUND TRANSPORTATION
PROVIDERS COMING ONTO FRESNO YOSEMITE INTERNATIONAL AIRPORT
THIS GROUND TRANSPORTATION PERMIT FOR GROUND TRANSPORTATION
PROVIDERS COMING ONTO FRESNO YOSEMITE INTERNATIONAL AIRPORT(Permit)
is dated as of MAY 1, 2024, and is issued by the City of Fresno, a municipal corporation of
the State of California (City or Airport) to SOUTHWEST ADVENTURE TOURS, a Limited
Liability Company, authorized to do business in California (Permittee or Company).
RECITALS
WHEREAS, the City of Fresno owns and operates Fresno Yosemite International Airport
(Airport), located at 5175 East Clinton Way, in the City of Fresno, County of Fresno, State
of California; and
WHEREAS, Airport is an enterprise of City which is operated to be financially self-sufficient,
and contracts with concessionaires, tenants and other parties which are granted rights to
operate commercially and provide critical revenues to the Airport which contribute to the
City's payment of operating and maintenance expenses and debt service on capital
improvements, which are incurred to provide the infrastructure, facilities and air service
which make up the terminal area; and
WHEREAS, the City is empowered to grant the right and privilege to operate as a Ground
Transportation Provider with passenger pick-ups and drop-offs at the Fresno Yosemite
International Airport; and
WHEREAS, The California Government Code section 53075.5, subsection (1), governs the
laws pertaining to Taxi Cabs at Airports, of which Permittee is one; and (OR depending on
Permittee)
WHEREAS, The California Public Utilities Code sections 5351-5450, governs the laws
pertaining to Charter Party Carriers of Passengers (limousines, shuttles, charter buses), of
which Permittee is one; and
WHEREAS, Permittee as a Ground Transportation Provider represents and warrants that
it possesses the necessary experience and qualifications to operate as a Ground
Transportation Provider with passenger pick-ups and/or drop-offs at Fresno Yosemite
International Airport; and
WHEREAS, Permittee desires to be granted the non-exclusive privilege of operating as a
Ground Transportation Provider by executing this Permit granted by City.
AGREEMENT
The parties agree this Permit is subject to the terms, covenants, conditions, agreements,
warranties, and provisions herein contained, and Permittee expressly covenants and
agrees, as a material part of the consideration for the Permit, that Permittee shall fully and
faithfully comply with, keep, perform and/or observe each and every term, covenant,
condition, agreement, warranty, and/or provision hereof to be complied with, kept,
performed, and/or observed by Permittee.
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ARTICLE I - DEFINITIONS
The following terms and phrases shall have the following meanings for purposes of this
Permit:
A. Administrative Citation. Means an enforcement citation issued by an authorized City
employee for violations of the terms of conditions of this Permit or the Rules and
Regulation, among other violations.
1. First Offense. $50 dollar fine;
2. Second Offense. $100 dollar fine;
3. Third Offense. Revocation of Permit.
B. Airport. Means the Fresno Yosemite International Airport, as it currently exists or as
it may exist in the future throughout the Term of this Permit.
C. Airport Customer. Means any user of the Airport who proposes to use a ground
transportation provider's services, including, without limitation, for parcel delivery or
pick-up.
D. Airport Ground Transportation Rules and Re ulations Rules & Reas or Rules and
Regulations_. Means the policy and procedures as set forth in the manual provided
by Director of Aviation, which describes the rules and regulations for operating on
the Airport and as described therein, which can be updated from time to time-
E. Business Day. Means any calendar day except Saturday, Sunday and any other day
observed as a legal holiday by the City of Fresno. For purposes of this Permit, if the
time in which any act is to be performed falls on a Saturday, Sunday or legal holiday,
the time for performance shall be extended to the following business day.
F. CPUC. Means California Public Utilities Commission, which regulates and licenses
transportation providers in California, including TNCs.
G. City. Means the City of Fresno, California, owner of Airport.
H_ Commencement Date/Effective Date. As defined in Section 2.01 of this Permit.
I. Qay. Means any calendar day, unless a Business Day is specified.
J. Director. Means the City's Director of Aviation or such person as may be designated
to carry out the duties of Director under this Permit.
K. FAA. Means the Federal Aviation Administration of the U.S. Department of
Transportation.
L. Fee or Permit Fee. Means the annual cost to the Ground Transportation Provider
to operate at the Airport.
M. Fiscal Year. Means the City's fiscal year beginning July 1 and ending June 30 each
year.
N. Fresno Municipal Code/Municipal Code. Means the City of Fresno Municipal Code,
as amended from time to time.
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O. Geo-Fence. Means a polygon whose points are geographic coordinates on Airport
Property designated by the City (as may be amended by the City from time-to-time)
which delineates the area within which Permittee must operate under this Permit.
P. Ground Transportation Provider. As defined by the CPUC sections 5351-5450
below:
1. Passen er Stage Corporations (PSC I: for-hire passenger carrier authorities;
a. "Classic" PSC. Carriers charging individual fares are presumed to be
PSC's, except for round-trip sightseeing services. PSC's provide
scheduled service, over fixed routes, between fixed termini (points),
such as regularly scheduled bus service. However, regularly
scheduled bus service operated by a publicly owned transit system is
not "passenger stage" service, and is not under CPUC jurisdiction.
b. Door-to-door Shuttle Service. Provides on-call service, for example,
door-to-door airport shuttle service where all transportation begins or
ends at a single terminus, such as an airport. Many vehicles used in
the airport shuttle industry are not owned or operated by a PSC, but
are charter-party carriers working as subcarriers (subcontractors) for
a PSC.
2. Charter-party carriers (TCP). Transportation is charted by a party (person or
group). May also arrange the transportation on behalf of another person or
group, such as an employee or client. TCP carriers must charge fares based
on vehicle mileage, or time of use, or a combination of the two, and may not
charge individual fares. All transportation performed by charter-party carriers
must be arranged beforehand, and the driver must have a completed waybill
in his or her possession at all times during the trip, showing, among other
things, the name and address of the person requesting or arranging the
transportation (the chartering party), the time and date when the charter was
arranged, and whether it was arranged by telephone or written contract, the
number of persons in the charter group, the name of at least one passenger,
and the points of origin and destination. A charter-party carrier may not
operate as a taxi, or advertise as to indicate that it provides taxicab service.
3. Taxicabs. Means a passenger vehicle for hire, used to transport passengers
on public streets. The charge for use of a taxicab is determined by a
taximeter. Taxis may provide transportation "at the curb", that is, a customer
may "arrange" taxi transportation by simply hailing a cab from the sidewalk.
Also, taxis have meters and top lights. Taxis are licensed and regulated by
cities and counties, while charter-party carriers operate under authority from
the CPUC, subject to the Public Utilities Code and CPUC regulations.
4. Regularly scheduled bus service operated by a publicly owned transit system
is not "passenger stage" service.
5. Round-trip Sightseeing. The chartering party has control over the
transportation that is, when and where the trip originates and ends, and the
itinerary in between.
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Q. Laws. Means any judicial decision, statute, constitution, ordinance, resolution,
regulation, rule, administrative order, or other requirement of any municipal, county,
state, federal, or other governmental agency or authority having jurisdiction over the
parties in effect either at the time of execution of this Permit or at any time during
the term of this Permit, including, without limitation, any regulation or order of a
quasi-official entity or body.
R. Manager. Means the Contractor contracted by the City to provide On Demand
Ground Transportation Services Management or City employee assigned to Ground
Transportation Services.
S. Mobile App./Mobile Application/Application/App. Means the computer application
for mobile devices used by Permittee to conduct its business model as a CPUC-
licensed Ground Transportation Provider.
T. Party. Means each of the City and Permittee.
U. Past Due Interest. Means interest accruing at the lesser of (a) the maximum rate
allowable by law, or (b) 18% per annum based on a 365-day year, commencing on
the tenth business day after the date such amount is due and owing and continuing
until such amount is paid to the City.
V. Permit or Permit to Operate. Means this Ground Transportation Permit for Ground
Transportation Providers Coming onto Fresno Yosemite International Airport.
W. Permittee. Means the entity defined on page 1 of this Permit. Unless the context
requires otherwise, any reference to Permittee shall be construed to include any of
Permittee's drivers, employees, representatives, and other agents.
X. Pre-arranged. Means the providing for hire of commercial ground transportation to
or from the Airport, where such transportation was contracted or arranged for by or
on behalf of the passenger or parcel customer, in advance of the passenger's arrival
or parcel's arrival at the Airport, or after the passenger's arrival at the Airport by
communicating with a Ground Transportation Provider. Pre-arranged transportation
includes transportation provided for business purposes, even though it is provided
as a courtesy and the passenger is not directly charged for such transportation.
Y. Provision. Means any term, agreement, covenant, condition, clause, qualification,
restriction, reservation, or other stipulation in this Permit that defines or otherwise
controls, establishes, or limits the performance required or permitted by either party.
All Provisions, whether covenants or conditions, which are applicable to Permittee,
shall be deemed to be both covenants and conditions.
Z. Services. Means all ground transportation services as defined above by the Ground
Transportation Provider.
AA. Solicitation. Means the uninvited initiation of a conversation or other uninvited
contact by a driver, other employee, representative, or agent (whether formal or
informal) of any Ground Transportation Provider with any person, for the purpose of
enticing or persuading said person to use any service or facilities provided by the
Ground Transportation Provider or any affiliate of any Ground Transportation
Provider.
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BB. Tax. Means and includes any assessment, license, charge, fee, imposition, or levy
imposed by any governmental body.
CC. Taxicab Services Provider. Means a Ground Transportation Provider who transports
passengers in a Taxicab.
DD. Term. Means the term of this Permit.
EE. Terminal Building. Means the passenger terminal building at the Airport and any
additional buildings that may be constructed, serving the airlines, together with the
adjacent curbs, parking and staging areas and roadways, as now exist or as may
hereafter be reconstructed, modified, changed or developed.
FF. Termination Date. Means the date that this Permit expires.
GG. Trade Dress. Means distinctive signage or display on the vehicle when providing
Services that is sufficiently large and color contrasted as to be readable during
daylight hours at a distance of at least 50 feet. The trade dress shall be sufficient
to allow a passenger, government official, or member of the public to associate a
vehicle with the associated Ground Transportation Provider. Acceptable forms of
trade dress include, but are not limited to, symbols or signs on vehicle doors, roofs,
or grills. Magnetic or removable trade dress is acceptable.
HH. TSA. Means the Transportation Security Administration of the U.S. Department of
Homeland Security.
II. Vehicle(s). Means any automobile, truck, van, bus, limousine, motorcycle, bicycle,
and other wheeled conveyances (except aircraft), operated by a Ground
Transportation Provider, in which any person or property can be transported upon
land.
JJ. Vehicle Identification Decal. Means a vehicle identification decal is a decal, issued
or authorized by the Director to be placed as directed, on or in each ground
transportation vehicle registered and permitted to operate on Airport premises, for
the purpose of identifying vehicles.
KK. Vehicle Inspection. Means vehicle inspections under the CPUC that must be
completed annual or as requested for all Vehicles in the ground transportation
providers fleet, within ten days of request.
LL. Vehicle Inspection Form. Means the inspection form that must be completed
annually or as requested for all Vehicles in the Ground Transportation Providers fleet
and submitted to the Airport within ten days of request.
MM. Waybill. Means a document or electronic form containing the passenger's name(s),
the number of persons in the party, the location of the pickup, and the airline and
flight number on which the passenger arrived or will arrive.
ARTICLE II - TERM OF PERMIT
Section 2.01 Term.
The term of this Permit shall commence on MAY 1, 2024 and expire on JUNE 30, 2024,
unless earlier suspended or revoked in accordance with Article IX below.
FYI-S Ground Transportation Permit(01-2022) 8
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Section 2.02 Renewal of Permit.
This Permit shall automatically be renewed annually for a period of twelve months, subject
to earlier termination with or without cause by either Party giving sixty days advance written
notice to the other Party.
ARTICLE III — PERMITTEES RIGHTS, PRIVILEGES AND OBLIGATIONS
Section 3.01: Representations and Covenants by the Permittee.
The Company hereby makes the following representations and covenants:
The Company is a Limited Liability Company in good standing in the State of Utah, is duly
qualified in good standing to do business in/under the laws of the State of California, is not
in violation of any provision of its governing documents (e.g., articles of incorporation, by-
laws, partnership agreement, etc.), has full power to own its properties and conduct its
business, has full legal right, power and authority to enter into this Permit and to
consummate all transactions contemplated hereby and by proper action has duly
authorized the execution and delivery of this Permit.
Section 3.02: Permittee's Rights, Privileges and Obligations.
A. Use. City hereby authorizes Permittee for the Term, and subject to all the terms,
conditions and covenants of this Permit, only to provide service to Airport Customers
for one of the following services, as indicated in this Permit and at specific locations
as specified by the Director on Exhibit A, as such locations may be changed by
Director; (i) for Taxicab Services Providers, making Pre-arranged passenger pick-
ups and drop-offs at the approved areas of the Terminals, (ii) for Taxicab Services
Providers or Door-to- Door Shuttle Operators making On Demand and Pre-arranged
passenger pickups at the approved areas of the Terminals and (iii) for all other
Ground Transportation Providers, pick-ups and drop-offs of passengers and their
baggage at the specified locations and curbs of the Terminals. Permittee shall use
approved Vehicles as specified in this Permit or as otherwise expressly approved by
Director in writing, in accordance with the terms and conditions contained in this
Permit.
Permittee understands and agrees that the rights and privileges conferred to it under
this Permit are non-exclusive and do not establish or vest in Permittee any right to
preferential use of Airport facilities relative to other commercial users of the Airport,
nor do they restrict the Airport from granting exclusive or priority uses of Airport
facilities to others.
Permittee agrees that the City may publish or disseminate any information provided
by Permittee about schedules, routes, rates and charges. City shall not be liable to
Permittee for any inadvertent errors in the information published or disseminated.
Permittee shall indemnify and hold harmless City from any claims or costs arising
from inaccuracies in the information provided by Permittee to City and/or Permittee's
failure to follow the schedules or routes provided to City.
B. Limitations on Use. Permittee's use of the Terminal and the Airport shall be limited
as follows:
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Permittee shall not do or permit any activity in, on, or about the Terminal, or the
Airport, nor bring or keep or permit to be brought or kept therein, anything which is
prohibited by or will in any way conflict with any Laws now in force or which may
hereafter be enacted or promulgated, or which is prohibited by a standard form of
fire insurance policy or will in any way increase or affect the then existing rate of any
fire or other insurance required to be carried upon the Airport, or the Terminal, or
any part thereof, or any of their contents, or which will cause a cancellation of any
insurance policy covering the Airport, or the Terminal or any part thereof or any of
their contents.
Permittee shall not do or permit any activity in, on, or about the Terminal or the
Airport or to omit to do that which will in any way obstruct or interfere with the rights
of other occupants located in, on, or at the Airport or the Terminal (provided such
other occupants' rights are not in conflict with Permittee's rights).
Permittee shall not commit, cause, maintain, or permit or suffer, or allow to be
committed, caused, maintained, or permitted, any legal waste upon the Terminal or
the Airport, nor any public or private nuisance, nor any other act or thing which may
disturb the quiet enjoyment of any other tenant, licensee, invitee, or person using or
occupying any portion of the Terminal or the Airport.
Permittee, or any agents or employee of Permittee, shall not engage in Solicitation.
Permittee and Permittee's drivers, employees, representatives and other agents
shall comply with all Laws, including, without limitation, the Rules and Regulations.
Permittee's drivers, employees, representatives or other agents shall not enter the
terminal buildings or leave the Vehicle except to assist in loading baggage, as
permitted by the Rules and Regulations or unless leaving the Vehicle is necessary
for a pre-arranged passenger pickup pick-up or delivery. Any such person entering
a terminal for a pre-arranged passenger pick-up must have a Waybill evidencing
such pick-up, prepared in advance of entering the terminal building. The driver or
other person entering the terminal building shall present the Waybill upon request of
any Airport official. Proof of the waybill must also be visible on the vehicle, if left
unattended. Nothing herein allows any driver to leave any Vehicle to be left
unattended, unless specifically allowed under this Permit or the Rules and
Regulations
The City reserves the right to construct or designate (through Director) areas where
Permittee's Vehicles shall be parked when not actively loading or unloading
passengers. Permittee shall pay the fees established by resolution of City Council
for use of such areas.
City may, in City's discretion, determine that a "Starter System" is necessary or
preferable to ensure the orderly progression of Vehicles through the designated
ground transportation areas. Permittee shall not attempt to pick-up Airport
Customers unless it has progressed through the Starter System. Any costs
associated with implementation, management and maintenance of this system will
be borne by each Permittee required to use the Starter System.
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Any changes in Permittee's service levels at the Airport must be submitted in writing
to Director, including but not limited to, the type of Vehicle used, schedule changes,
and frequency of operation. Any proposed changes must be submitted to the
Director at least thirty days prior to the proposed implementation date. The Director
shall provide Permittee with the reasons for any denial of proposed change in service
levels. If Director has not approved or denied such request within thirty days of
receipt, the request shall be deemed approved.
C. Relocation of Operations. In the event that implementation of the City's requirements
for the Airport necessitates the relocation of Permittee's pick-ups and drop-offs at
the Airport, Permittee shall relocate all or part of its Ground Transportation Provider
operations on the Airport in an expeditious manner and only as may be permitted,
directed or required by the Director.
D. No City Guarantee of Business. By issuing this Permit, City does not make, and has
not made, any representation, warranty, assurance, or guaranty that the uses to
which Permittee will put its Ground Transportation Provider operation will generate
any minimum, maximum, or optimum volume of airline or other passenger traffic
business, or that any minimum, maximum, or optimum volume of airline or other
passenger traffic business will occur.
E. Personnel. All drivers, employees, representatives and other agents of Permittee
shall conduct themselves in a professional manner and be courteous to the public,
passengers, and Airport employees or representatives. Obscene gestures or
language, threats, or physical harm, or fighting on the Airport and any gambling,
athletic events, drinking of alcoholic beverages by on-duty personnel, possession of
or being under the influence of illegal drugs or alcohol is expressly prohibited.
F. Sians and Advertising. Permittee shall not install, erect, affix, paint, display or place
or permit the installation, erection, affixation, painting, display or placement of any
sign, lettering, or other advertising device or media in, on, or about the Airport, the
Terminal, or any portion thereof, without the prior written consent of the Director.
Any and all signs, lettering or other advertising device or media, or any replacement
thereof, which may be permitted by the Director shall be subject to, and comply with,
Airport signing standards now in effect or as may be hereafter modified or amended.
Permittee shall remove or cause the removal at its sole cost and expense of such
items on or before the Expiration Date or any earlier termination date, without injury
or damage to or defacement of any part of the Terminals, or the Airport.
Permittee agrees to promptly restore to their original condition those portions of the
Terminal, or the Airport on which the materials referenced herein are attached, or at
the Director's option, pay for the costs of restoration performed by City's personnel
upon demand of City.
G. The following activities are prohibited while operating under this Permit by Permittee,
or any agents or employee of Permittee:
1. Violating any term or obligation found in the Permit.
2. Picking up or dropping off passengers or their baggage at any location
other than those designated for such purpose.
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3. Leaving any Vehicle unattended.
4. Operating on Airport property without an active Application or Vehicle
Identification Decal.
5. Waiting for a passenger match while on Airport property, including but
not limited to Airport parking lots, free waiting area, and parking
structures, with the exception of areas designated by the Airport.
6. Failing to operate a vehicle in a safe manner as required by the
California Vehicle Code.
7. Soliciting cash payments.
8. Operating a vehicle which is not in a safe mechanical condition or
which lacks mandatory safety equipment as defined in the California
Vehicle Code.
9. Engaging in any conduct or activity intended to or apparently intended
to ask, implore or persuade a passenger to alter his or her previously
chosen mode of ground transportation or specific ground
transportation operator, except as otherwise provided by contract or
permit with the City of Fresno.
H. Operating Requirements.
1. Failure to comply with Permit terms or the Rules and Regulations as
detailed in Exhibit A, attached hereto and incorporated by this
reference, may result in citation, fine and/or termination of this Permit.
2. All Ground Transportation Provider driver activity on Airport property
shall be documented by a Waybill prepared prior to proceeding to a
passenger pick-up. The Waybill shall state the passenger's name and
pick up location, unless otherwise required in this Permit.
3. Mobile Applications, if used by the Permittee, shall be enabled at all
times while providing Services on Airport property.
4. Upon request from Airport staff or law enforcement, all Ground
Transportation Providers will immediately comply with requests,
including but not limited to, verifying proof of insurance, license and
registration, prearranged Waybill or confirmation that Application is
activated, unless otherwise required in this Permit.
5. Ground Transportation Providers are prohibited from sharing a vehicle
or application with unauthorized drivers.
6. Permittee's approved operation at Airport is limited solely to passenger
pick-up and passenger drop-off on a non-exclusive basis. Permittee is
not authorized to perform any other services on Airport Property. The
method and arrangements for operating shall be subject to procedures
established in Exhibit A, as may be updated from time-to-time. All of
Permittee's operations shall be in accordance with the laws of the
federal government and the State of California, the ordinances, rules,
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regulations and procedures of the City of Fresno, the regulations of the
Federal Aviation Administration, Transportation Security
Administration and the Department of Transportation, and the
requirements of any other duly authorized governmental agency with
jurisdiction over the Airport.
Section 3.03: Space.
This Permit does not allow Permittee to possess any portion of Airport property or rent any
space for Permittee's operation.
Section 3.04: City's Covenant Regarding More Favorable Terms.
During the Term, or during any period of holding over by Permittee pursuant to the
provisions hereof, City shall neither enter into any Ground Transportation Permit with any
other Company, nor amend, change, supplement, or otherwise modify, in writing or
otherwise, any such agreement in any manner whatsoever, so as to result in any such
agreement's containing any terms, conditions, agreements, or provisions which shall be
more favorable to such Permittee than those herein set forth.
Permittee agrees that, in the event any of the Permittees discontinue(s) operations at the
Airport, the City reserves to itself the right to enter an interim agreement with or without a
solicitation and/or first refusal by the remaining Permittees.
ARTICLE IV - FEES AND CHARGES
Section 4.01: Permit Fees.
During the term of this Permit, Permittee shall pay to the City the following fees, for the
privilege of coming onto Airport and using Airport's facilities and the economic benefits
derived therefrom, and to reimburse the City for the costs of providing services and facilities
to Permittee, according to the following:
Section 4.02: Ground Transportation Fee.
A. Ground Transportation Fee/Fee. Permittee shall pay to City a Fee for based on the
type of service offered. The annual fee is set based on the services offered and in
accordance with the payment procedures specified below. Permittee shall pay to
the City a Fee as established by City Council in the Master Fee Schedule (MFS).
B. Establishment of Fees and Changes. The Ground Transportation Fee, or any other
fees and charges for the conduct of Ground Transportation Provider operations are
established by Resolution of City Council and may be modified or amended from
time to time. Permittee shall be obligated to pay such fees and charges as
established by Resolution of City Council and as modified or amended by Resolution
of the City Council.
Section 4.04: Payment.
Permittee's fee payment is due and payable in full annually upon approval of this Permit if
Permit is issued prior to the beginning, or during the first month, of the Fiscal Year. If
Permittee is issued a Permit during any time after the first month of the Fiscal Year, such
fee will be prorated. Pro-rata payments will be calculated by dividing the total annual
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Ground Transportation Fee by twelve. Such fee shall be due annually each year at the
beginning of the fiscal year, in full. Such fee shall be delinquent if not received before thirty
days after the date of annual invoice. City shall calculate the Fees due from the MFS.
Section 4.06: Late Payment Charges.
Any payment not received by the due date shall be deemed delinquent and shall accrue
interest at the lesser of the rate of 18% per year calculated on a daily basis at the rate of
0.05% per day from the due date until paid in full, or the maximum rate allowed by law.
Section 4.07: Place and Manner of Payments.
Permittee shall make payment in legal tender of the United States of America to:
City of Fresno - Airports Department
Attn.: Revenue Accounting
4995 E. Clinton Way
Fresno, CA 93727
Section 4.09: Taxes and Assessments.
In addition to the rentals, fees, and charges herein set forth, Lessee shall pay, as and when
due (but not later than fifteen days prior to the delinquency date thereof) any and all taxes
and general and special assessments of any and all types or descriptions whatsoever
which, at any time and from time to time during the term of this Lease, may be levied upon
or assessed against Lessee, the Premises and/or any one or more of the improvements
located therein or thereon and appurtenances thereto, other property located therein or
thereon belonging to Lessor or Lessee, and/or upon or against Lessee's interest(s) in and
to said Premises, improvements and/or other property, including possessory interest as
and when such be applicable to Lessee hereunder.'
Section 4.10: City's Right to Audit Statements and Reports.
In the event Permittee requests and receives Amendment to this Permit to expand the rights
and privileges to include other concession activities, and upon commencement of the Term,
Permittee agrees that it will make available to the City within thirty business days of written
notice, the books and records of accounts of Permittee for the last three twelve-month
periods completed operations and the current Permit Year, showing the information
required under this Permit or previous permit(s), relating to business conducted at the
Airport, the deductions there from, and other pertinent information required by the
provisions of this Article or other similar Articles contained in such previous permit.
Permittee's obligation to retain such books and records is limited to the extent required
NOTE: 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 (Lessor) 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 Lessee
hereunder, Lessee, by its signatures hereunto affixed, warrants, stipulates, confirms, acknowledges and
agrees that, prior to its executing this lease, Lessee either took a copy hereof to the office of the Fresno
County Tax Assessor or by some other appropriate means, independent of Lessor or any employee, agent,
or representative of Lessor, determined, to Lessee's full and complete satisfaction, how much Lessee will be
taxed, if at all.
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under this Permit, and/or previous permits(s), until the Permittee retains sufficient books
and records to meet the retention requirements stated above. Upon the City's prior written
notice such books and records of accounts must be accessible to City or its duly authorized
agents or auditors, during regular business hours only for the purpose of verifying
compliance by Permittee with the terms of this Permit, and/or previous permit. At the City's
request, Permittee will pay for the copying and delivery of all records and books requested
by the City. In the event the City determines that the auditors need to travel to the Permittee
location where the books and records are kept, Permittee will pay for the reasonable and
customary travel and other incidental costs incurred by the City's auditors.
Section 4.11: Other Information.
Permittee shall furnish City with such other financial or statistical reports as Director, from
time to time may reasonably require in order to enforce the provisions of this Permit.
ARTICLE V -VEHICLE REQUIREMENTS
A. Identification. Permittee shall report to the Director, all of the information for each
Vehicle operating at the Airport, prior to allowing such Vehicle to operate at the
Airport. Including but not limited to: make, model, license plate number, and vehicle
identification number.
B. _Appearance. Unless expressly permitted by Director, all of Permittee's Vehicles
operated at the Airport shall conform to the Vehicle Requirements set forth in the
Rules and Regulations.
C. Operator Cate-go Marking. If Permittee is operating as more than one category of
Ground Transportation Provider, Permittee's Vehicles must be marked so that
Airport Customers may easily distinguish the particular Vehicle's type of operation.
D. Vehicle Condition. All Vehicles must be maintained in good and safe mechanical
condition and otherwise in compliance with the California Vehicle Code and the
California Public Utilities Code. In addition, all Vehicles must be clean and free of
any visible damage must have hubcaps and door handles and all equipment
required by the California Vehicle Code and the California Public Utilities Code, if
applicable. The Airport reserves the right to perform periodic vehicle inspections to
determine that Vehicles are in compliance with standards set forth in this Permit, the
California Vehicle Code and the California Public Utilities Code. Director, at
Director's discretion, may inspect Vehicles prior to issuance of this Permit.
E. Vehicle Identification Decal. Vehicles may be required to display a Vehicle
Identification Decal placed at a location as prescribed by the Director.
F. The Director may require Permittee to affix a transponder or similar device as part
of an Automated Vehicle Identification (AVI) System. The cost of the AVI unit,
installing or replacing the transponder shall be borne by Permittee. The City or its
agent will be responsible for installing the AVI unit on Permittee's Vehicle and shall
do so in a professional manner so as to avoid unnecessary damage to the Vehicle.
City shall submit an invoice to Permittee for all reasonable costs of installation.
Permittee waives any and all claims against City for any incidental damage caused
to the Vehicle by the ordinary process of installing or removing the transponder or
similar device, unless solely caused by the negligence of City. Permittee shall
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execute an acceptance of the installation work done and a waiver of claims for
damage from installation of the AVI device upon completion of the installation, unless
the Vehicle was unreasonably damaged during installation.
ARTICLE VI - INDEMNIFICATION, EXCEPTION OF CITY, AND INSURANCE
Section 6.01: Indemnification.
To the furthest extend allowed by law, Permittee shall hold City completely harmless and
indemnify, protect and defend City and each of its officers, officials, employees, agents,
and volunteers against any and all claims, judgments, fines, penalties, forfeitures,
damages, demands, liabilities, suits, notices, costs and expenses [including all reasonable
costs and expenses for investigation and defense thereof (including, but not limited to
attorney fees, court costs and expert fees)], or any one, more or all of these, of any nature
whatsoever, arising or allegedly arising, directly or indirectly, out of, as a result of, or
incident to, or in any way connected with: (1) Permittee's occupancy(ies) and/or use(s) of
any part or all of the Airport; (2) Permittee's exercise of any one, more or all of the rights
and privileges herein granted; (3)any breach or default in the performance of any obligation
on Permittee's part to be performed under the terms of this Permit; and/or (4) any act(s) or
omission(s) on the part of Permittee and/or any officer(s), agent(s), employee(s), or
contractor(s),of Permittee during the Term, except for any claims, judgments, fines,
penalties, forfeitures, damages, demands, liabilities, suits, notices, costs and expenses, or
any of these, caused solely by the gross negligence or by the willful misconduct of City or
any of its officials, officers, or employees acting within the scope of their duties for City. The
forgoing indemnification obligation is subject to the City providing Permittee with: (1)written
notice of any claim subject to indemnification hereunder; (2) sole control over the defense
and settlement of each such claim (provided that Permittee will not settle or compromise
any claim without the written consent of the City); and (3) reasonable cooperation, at
Permittee's expense, in the defense and settlement of a claim. City may, at its sole cost
and expense, participate in the defense of a claim with counsel of its own choosing.
Permittee shall conduct all defenses at no cost or expense to the City. City shall be
reimbursed for all costs and attorney's fees incurred by City in enforcing this obligation.
This indemnity 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
and its officials, officers, employees, agents, and volunteers.
The provisions of this section of this article shall survive the expiration or early termination
of this Permit.
Section 6.02: Exemption of City.
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 located in, upon or about the Airport under
authority hereof, whether belonging to Permittee, or any employee, agent, contractor, sub-
contractor, tenant, sub-lessee of Permittee, or any other person whomsoever. The City
shall not be liable for any injury to the person of Permittee or Permittee's employees,
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agents, contractors, sub-contractors, tenants, sub-lessees, 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 the said damage or injury results from conditions arising in or on any part or
all of the Airport or in or on any of the improvements/facilities appurtenant thereto located
therein or thereon, 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. 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. The above
exemption shall not apply and shall in no way relieve the City from any liability, claims,
judgments, fines, penalties, forfeitures, damages, demands, liabilities, suits, notices, costs
and expenses, or any of these, caused solely by the gross negligence or by the willful
misconduct of City or any of its officials, officers, or employees acting within the scope of
their duties for City.
Section 6.03: Insurance.
Permittee shall, at Permittee's expense, obtain and, throughout the Term, maintain in full
force and effect all policies of insurance required hereunder, with an insurance
company(ies) either (i) eligible to issue insurance policies in the State of California and
rated not less than "A-Nil" in Bests Insurance Rating Guide, or(ii)authorized by City's Risk
Manager or designee. The following polices of insurance are required and shall maintain
limits of liability of not less than those amounts stated below. The following policies of
insurance are required:
A. Commercial General Liability insurance which shall be at least as broad as the most
current version of Insurance Services Office (ISO) form CG 00 01 and shall include
insurance for "bodily injury", "property damage" and "personal and advertising
injury", including premises and operation, products and completed operations and
contractual liability (including, without limitation, indemnity obligations under the
Permit) with limits of liability of not less than $1,000,000 per occurrence and
$2,000,000 general aggregate for bodily injury and property damage, $1,000,000
per occurrence for personal and advertising injury and $2,000,000 aggregate for
products and completed operations.
B. Commercial Automobile Liability insurance which shall be at least as broad as the
most current version of Insurance Services Office (ISO) form CA 00 01 and shall
include coverage for"any auto" with limits of liability of not less than $1,000,000 per
accident for bodily and property damage.
C. Workers' Compensation insurance as required under the California Labor Code.
D. Employers' Liability insurance with limits of liability of not less than $1,000,000 each
accident, $1,000,000 disease each employee and $1,000,000 disease policy limit.
Permittee shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Permittee shall also be responsible for payment of any
self-insured retentions.
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The above-described policies of insurance shall be endorsed to provide an unrestricted
thirty-day written notice in favor of City, of policy cancellation, or reduction of coverage,
except for the Workers' Compensation policy, which shall provide a ten-day written notice
of such cancellation, or reduction of coverage. Upon issuance by the insurer, broker, or
agent of a notice of cancellation, or reduction in coverage, Permittee shall file with City a
certified copy of the certificates and endorsements for such policy, and applicable sections
of the insurance policy to verify coverages required herein.
The General Liability and Automobile Liability insurance policies shall be written on an
occurrence form and shall name the City of Fresno, its officers, officials, employees, agents,
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed
so Permittee's insurance shall be primary and no contribution shall be required of City. Any
Workers' Compensation insurance policy shall contain a waiver of subrogation as to City,
its officers, officials, agents, employees, and volunteers. Permittee shall furnish City with
the certificate(s) and applicable endorsements for ALL required insurance prior to City's
execution of this Permit at the following address:
City of Fresno - Airports Department
Attn.: Properties Division
4995 E. Clinton Way
Fresno, CA 93727
Via email at: FYIPropertiesC�7fr sno.gov
or to such other address as City may, from time to time, provide Permittee in writing during
the Term.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate
this Permit.
Permittee shall have the right to provide the coverage specified in this Article by a program
of self-insurance, which has been approved by the State of California. Permittee shall
furnish City with a self-insured certificate of insurance and applicable endorsements. Said
certificate and applicable endorsements shall document that Permittee's self-insurance
program is approved by the State of California; the retention level of such self-insurance
program; and that the policy of insurance is primary and no contribution shall be required
by City. Permittee shall also supply the name of Permittee's excess insurance carrier at
the time the certificate of self-insurance is supplied to City.
Section 6.04: Delivery to Director of Evidence of Insurance.
Permittee must deliver, without request or demand, to the Director, a certificate of insurance
and all applicable endorsements or other evidence of insurance coverage required by this
Article in form and content satisfactory to City's Risk Manager or designee. Permittee must
update such evidence of insurance not less frequently than annually.
Section 6.05: Expiration of Insurance Policy.
Promptly following the expiration of any insurance policy required by this Article, Permittee
must submit to the Director a certificate of insurance and all applicable endorsements
showing that such insurance coverage has been renewed. If such coverage is cancelled or
reduced, Permittee, within five business days following the date of written notice from the
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insurer of such cancellation or reduction in coverage, must file with the Director a certificate
of insurance and all applicable endorsements showing that the required insurance has been
reinstated or provided through another insurer or insurers.
Section 6.06: Adjustment of Claims.
Permittee must provide for the prompt and efficient handling of all claims for bodily injury,
property damage or theft arising out of the activities of Permittee under this Permit.
ARTICLE VII —WAIVER
Section 7.01: Waiver by Permittee.
As a material part of the consideration to be rendered by Permittee to City under this Permit,
Permittee waives any and all claims or causes of action against City of Fresno, its officers,
officials, employees, agents, and volunteers which Permittee may now or hereafter have at
any time for damage to Permittee's property located in, on, or about the Airport or the
Terminals, and for injury to or death of any person occurring in, on or about the Terminals
or the Airport from any cause arising at any time, except as may arise from the active
negligence or the willful misconduct of City of Fresno, its officers, officials, employees,
agents, and volunteers.
In addition to the foregoing, except as shall arise out of the active negligence or the willful
misconduct of City of Fresno, its officers, officials, employees, agents, and volunteers,
Permittee specifically waives any and all claims or causes of action which it may now or
hereafter have against City of Fresno, its officers, officials, employees, agents, and
volunteers for any loss, injury or damage arising or resulting from any act or omission of
any, licensee, other permittee, sublicensee, or concessionaire of the Terminal or the
Airport, or any person who uses the Terminal or the Airport with or without the authorization
or permission of City.
Section 7.02: Reimburse City's Costs.
In the event that Permittee fails to abide by, or violates this Permit, City may (but shall have
no obligation to), upon condition that City shall act for the account and at the expense of
Permittee and without a waiver of such violation, perform any act which, if performed by
Permittee, would otherwise cure the violation. If, in so doing, City is required or elects to
pay any money or do any act which will require the payment of any money or the incurring
of any cost or expense, Permittee covenants and agrees to reimburse City the sum or sums
of money so paid or incurred by City, together with interest at the maximum interest rate
then allowed by law, plus costs and damages, as part of its fees and charges, immediately
upon receipt of City's invoice therefore. The failure to timely pay the same shall constitute
an event of default. Nothing in this section shall relieve Permittee's obligation to pay any
late fee or interest or extend the due date of any payment owed by Permittee.
Section 7.03: Assumption of Risk from Flights.
Permittee agrees to voluntarily assume all risk of loss, damage, or injury to the person and
property of Permittee, its agents, contractors, directors, employees, officers, and
representatives, in or about the Airport or the Terminal which, during the term of this Permit,
may be caused by or arise or occur in any manner:
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From the flight of any aircraft of any and all kinds now or hereafter flown in, through, across,
or about any portion of the air space over the Airport or the Terminal; or
From noise, vibration, currents and other effects of air, illumination, and fuel consumption,
or fear thereof, arising or occurring from or during such flight, or from or during the use by
aircraft of the Airport, including but not limited to, landing, storage, repair, maintenance,
operation, run-up, and take-off of such aircraft, and the approach and departure of aircraft
to or from said Airport.
Section 7.04: No Waiver by City.
The acceptance of the Fee or any other fee or charge hereunder by City shall not be
deemed to be a waiver of any preceding violation by Permittee of any provision of this
Permit, other than the failure of Permittee to pay such installment of the Trip Fee or such
other fee or charge so accepted, regardless of City's knowledge of such preceding or
subsequent violation at the time of acceptance of such fee or the waiver of any other right
or remedy allowed in law or in equity. The consent or approval by City to any act of
Permittee requiring City's approval shall not be deemed to waive or render unnecessary
the need for City's consent to or approval of any subsequent similar act of Permittee.
ARTICLE VIII -ASSIGNMENT
Section 8.01: Assignment.
During the Term, neither party shall assign this Permit to any other person or entity,
whatsoever.
Section 8.02: Modification.
Unless stated otherwise in this Permit, no provision of this Permit may be waived, modified
or amended except by written amendment signed by City and Permittee.
No act, conversation or communication with any officer, agent, or employee of City, either
before or after the execution of this Permit, will affect or modify any term or terminology of
this Permit and any such act, conversation or communication will not be binding upon City
or Permittee.
ARTICLE IX - REVOCATION OR SUSPENSION OF PERMIT
City may immediately revoke or suspend this Permit if Permittee at any time fails to conform
with its terms, provisions, and conditions. Ground Transportation Provider whose Permit
has been denied, revoked or suspended may appeal the suspension by providing a written
statement to the Director of Aviation within ten (10)days of denial, revocation or suspension
of Permit.
Director shall have ten (10) business days to review the appeal and provide a written
decision on the eleventh (11th) business day.
ARTICLE X - DEFAULTS AND REMEDIES
Section 10.01: Default by City.
City has no obligations to perform under this Permit and therefore shall not be in default.
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Section 10.02: Default by Permittee.
A. Defaults: The occurrence of any of the following events shall constitute a material
default and breach of this Permit by Permittee:
1. The failure by Permittee to use the Airport for lawful purposes only and/or
failure by it to comply with or observe any statute, law, ordinance, rule,
regulation, standard or requirement of any federal, state, or local government
entity with respect to its occupancy(ies) and/or use(s) of any part or all of the
Airport, as such statutes, laws, ordinances, rules, regulations, standards or
requirements exist(ed) on the commencement date of the Term or as such
may exist at any time and from time to time during the Term, where any such
failure shall be evidenced by either a finding or judgment of any court of
competent jurisdiction or where any such shall be admitted by Permittee in
any proceeding brought against Permittee by any government entity.
2. The inability of and/or failure of Permittee to obtain, pay for, and maintain in
full force and effect at all times during the life of this Permit, without any lapse
in coverage, such insurance as shall be required of Permittee hereunder.
3. Permittee fails to comply with the Rules and Regulations.
4. The occurrence of any of the following:
a. Permittee's becoming insolvent or the making by it, of any general
arrangement or an assignment for the benefit of creditors;
b. The filing by or against Permittee of a petition to have it adjudged a
bankrupt or a petition for reorganization or arrangement under any law
relating to bankruptcy unless, in the case of a petition filed against
Permittee, the same is dismissed within sixty (60) calendar days;
C. The appointment of a receiver to take possession of substantially all of
Permittee's assets located in, on or about, the Airport, or of its interest
in this Permit, where possession is not restored to Permittee within
thirty calendar days; or
d. The attachment, execution or other judicial seizure of substantially all
of Permittee's assets located in, on or about the Airport, or of
Permittee's interest in this Permit, where such seizure is not
discharged within thirty calendar days.
5. The discovery by City that any financial statement provided to the City by
Permittee was materially false.
6. Any attempted/purported assignment, of this Permit, in whole or in part.
7. The failure by Permittee to make any payment of Fees or any other required
payment, or to furnish any Security Deposit or instrument, as and when due
hereunder, where such failure shall continue for a period of ten days following
service of notice thereof upon Permittee by City.
8. The failure of Permittee to keep, observe, undertake, fulfill, or perform any of
the material terms, covenants, conditions, warranties, Permits, obligations,
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and/or provisions of this Permit.
B. City's Remedies.
1. Termination. Upon the occurrence of any material default and Permittee's
failure to cure such default within a reasonable period of time, but in no event
later than thirty days after written notice is served upon Permittee by City
specifying wherein Permittee has failed to perform any such obligations and
breach of this Permit by Permittee as set forth within this Article, above, City
may then immediately, or at any time thereafter, terminate this Permit by
service of a minimum of ten days advance written notice to such effect upon
Permittee and this Permit shall terminate at 11:59:59 p.m., on the termination
date specified within such notice.
a. Such notice shall, as a minimum, set forth the following the default and
breach which resulted in such termination by City.
b. Such notice may contain any other notice which City may, at its option,
desire or be required to give (e.g., "Demand For Payment" of any and
all monies due and owing).
2. Recovery. The amount of damages City may recover following such
termination of this Permit shall include: Unpaid fees which had been earned
at the time of termination of this Permit.
Section 10.03: Additional Terms.
A. Other. In the event Permittee causes or threatens to cause a breach of any of the
covenants, terms or conditions contained in this Permit, City shall be entitled to
obtain all sums held by Permittee, by any trustee or in any account provided for
herein, to enjoin such breach or threatened breach and to invoke any remedy
allowed at law, in equity, by statute or otherwise as though re-entry, summary
proceedings and other remedies were not provided for in this Permit.
B. Cumulative Remedies. Each right and remedy of City provided for in this Article or
now or hereafter existing at law, in equity, by statute or otherwise shall be cumulative
and shall not preclude City from exercising any other rights or from pursuing any
other remedies provided for in this Permit or now or hereafter available to City under
the laws or judicial decisions of the State of California.
C. Indemnification. Nothing contained within this Section of this Article affects the right
of City to indemnification by Permittee, as herein provided, for liability arising from
personal injuries or property damage prior to the termination of this Permit.
ARTICLE XI - NON-DISCRIMINATION
Section 11.01: Non-Discrimination.
A. To the extent required by controlling federal, state and local law, Permittee shall not
employ discriminatory practices in the provision of services, employment of
personnel, or in any other respect on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition,
marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or
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veteran of the Vietnam era. Subject to the foregoing and during the performance of
this Permit, Permittee agrees as follows:
1. Permittee will comply with all applicable laws and regulations providing that
no person shall, on the grounds of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, gender identification, ethnicity, status as
a disabled veteran or veteran of the Vietnam era 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.
2. Permittee will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex,
age, sexual orientation, gender identification, ethnicity, status as a disabled
veteran, or veteran of the Vietnam era. Permittee shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, gender identification, ethnicity, status as a disabled veteran or
veteran of the Vietnam era. Such requirement shall apply to Permittee's
employment practices including, 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.
3. Permittee will, in all solicitations or advertisements for employees placed by
or on behalf of Permittee in pursuit hereof, state that all qualified applicants
will receive consideration for employment without regard to race, religious
creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity,
status as a disabled veteran or veteran of the Vietnam era.
4. Permittee will send to each labor union or representative of workers with
which it has a collective bargaining Permit 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.
Section 11.02: Airport Concession Disadvantaged Business Enterprise (ACDBE)
Program.
City has developed and maintains and Permittee at all times hereunder shall comply with
the Disadvantaged Business Enterprise Concession Plan for the Airport in accordance with
U.S. Department of Transportation regulations 49 CFR Part 23, Subpart F, which plan
establishes policies and procedures designed to promote City's interest in establishing
Airport concession opportunities for Disadvantaged Business Enterprises and sets lawful,
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realistic and reasonable goals therefore, as enforceable in the Ninth Circuit.
Any questions concerning Disadvantaged Business Enterprise (DBE) issues should
be directed to DBE Program Coordinator, City of Fresno, Finance; 2600 Fresno St.,
Room 2156; Fresno, CA 93721; Telephone (559) 621-1163 or Fax (559) 488-1069.
Section 11.03: Federal Immigration Reform and Control Act
As a material part of any permit or concession on a City of Fresno property, every Permittee
who has employees who will work on a City of Fresno property is required to comply with
all of the provisions of the Federal Immigration Reform and Control Act of 1986 (P.L. 99-
603, 100 Stat. 3359). This requirement includes compliance with all of the employee
documentation provisions. Furthermore, Permittee will make any employee documentation
required to comply with such Act immediately available to City, upon its request for each
individual employee working on a City of Fresno property.
ARTICLE XII - MISCELLANEOUS PROVISIONS
Section 12.01: No Personal Liability.
No Councilperson, Director, officer, employee or other agent of either Party shall be
personally liable under or in connection with this Permit.
Section 12.02: Permits with the United States.
This Permit is subject and subordinate to the provisions of any Permits heretofore made
between City and the United States relative to the operation, security or maintenance of
the Airport, the execution of which has been required as a condition precedent to the
transfer of federal rights or property to City for airport purposes, or to the expenditure of
federal funds for development of the Airport, in accordance with the provisions of the
Federal Aviation Act as it has been amended from time to time. This may include rules and
regulations promulgated by the TSA and/or Airport security plan/requirements including
pursuant to 49 CFR Part 1542, as modified from time to time by legislative/regulatory action.
These FAA Grant Assurances attached hereto as Exhibit C are incorporated herein.
Section 12.03: Modifications for Granting FAA Funds.
In the event that the FAA or TSA requires modifications or changes to this Permit, Permittee
agrees to consent to such amendments, modifications, revisions, supplements or deletions
of any of the terms, conditions or requirements of this Permit as reasonably may be required
to enable City to obtain FAA funds.
Section 12.04: Notices.
A. All notices required to be served by City or Permittee, one upon the other, under the
terms of this Permit shall be in writing.
B. All notices or demands of any kind which City shall have cause to serve upon
Permittee under the terms of this Permit shall be served upon Permittee by mailing
a copy thereof by certified or registered mail, return receipt requested, to Permittee
at the address shown below or to such other address as Permittee may, from time
to time, specify to City in writing.
C. All notices or demands of any kind which Permittee shall have cause to serve upon
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City under the terms of this Permit shall be served upon City by mailing a copy
thereof by certified or registered mail, return receipt requested, to City at the address
shown below or to such other address as City may, from time to time, specify to
Permittee in writing.
City of Fresno Airports Department
Attn: Properties Division
4995 E. Clinton Way
Fresno, CA 93727
In the event of any service of notice or demand by mail, as aforesaid, such notice
or demand shall be deemed to have been sufficiently served 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 certified or registered mail properly addressed and postage prepaid.
Section 12.05: Amendments.
This Permit may be amended from time to time by written Amendment, duly authorized and
executed by representatives the parties hereto.
Section 12.06: Headings; Construction of Permit; Gender.
The headings of each Section of this Permit are for reference only. Unless the context of
this Permit clearly requires otherwise, all terms and words used herein, regardless of the
number and gender in which used, shall be construed to include any other number, singular
or plural, or any other gender, masculine, feminine or neuter, the same as if such words
had been fully and properly written in that number or gender. Words of any gender in
this Permit will be held and construed to include any other gender.
Section 12.07: Force Majeure.
Neither City nor Permittee will be deemed in violation of this Permit if either is prevented
from performing any of the obligations hereunder by reason of strikes, boycotts, labor
disputes, embargoes, shortages of materials, acts of God, acts of public enemy, acts of
superior governmental authority,weather conditions, riots, rebellion, sabotage, or any other
circumstances for which it is not responsible or which are not within its control.
Section 12.08: Exclusiveness of Permittee's Rights.
Nothing herein contained shall be deemed to grant to Permittee any exclusive right or
privilege within the meaning of Section 3.08 of the Federal Aviation Act for the conduct of
any activity on the Airport.
Section 12.09: Withholding Required Approvals.
Whenever the approval of City or Director or Permittee is required herein, no such approval
shall be unreasonably conditioned, delayed or withheld.
Section 12.10: Inspection of City Records.
Permittee, at its expense and upon reasonable notice, shall have the right to inspect the
books, records and other data of City relating to the provisions and requirements hereof,
provided such inspection is made during regular business hours.
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Section 12.11: Successors and Assigns.
Subject to the limitations on assignment contained herein, all of the terms, provisions,
covenants, stipulations, conditions and considerations in this Permit shall extend to and
bind the legal representatives, successors and assigns of the respective parties hereto.
Section 12.12: Accord and Satisfaction.
No payment by Permittee or receipt by City of a lesser amount than the rent, fees and/or
charges due to be made by Permittee hereunder shall be deemed to be other than on
account of the rent, fees and/or charges due. No endorsement or statement on any check
or in any letter accompanying any check or payment as rent; fees and or charges shall be
deemed an accord and satisfaction. City may accept such check or payment without
prejudice to City's right to recover the balance of such rent,fees and/or charges or to pursue
any other remedy provided in this Permit.
Section 12.13: Observation of Governmental Regulations.
City's Airport Rules and Regulations: City reserves the right to adopt, amend and enforce
reasonable rules and regulations governing the Concession Facility and the public areas
and facilities used by Permittee in connection therewith. Such rules and regulations shall
be consistent with the safety, security and overall public utility of Airport and with the rules,
regulations and orders of the Federal Aviation Administration (FAA) (or such successor
agency(ies) as may, at any time and from time to time during the Term be designated by
the Federal Government to perform either similar, new, additional, and/or supplemental
functions, powers and/or duties with respect to air transportation, aircraft, Airports, etc.),
and such rules and regulations shall not be inconsistent with the provisions of this Permit
or the procedures prescribed and approved, from time to time, by the FAA with respect to
the operation of aircraft at the Airport. Permittee agrees to observe, obey and abide by all
such rules and regulations heretofore or hereafter adopted or amended by City, including
compliance with all FAA and Airport security rules, regulations and plans, including any and
all measures mandated by the FAA from time to time to provide increased levels of security
at Airport, and Permittee shall be fully liable to City for any and all claims, demands,
damages, fines and/or penalties of any nature whatsoever which may be imposed upon
City by the United States Government as a result of any unauthorized entry by Permittee,
Permittee's employees, agents, representatives, servants, tenants, and/or sub-lessees, or
vehicle operated by any of these or by a customer of Permittee, into any area of the Airport
to which access by persons or vehicles is restricted/controlled pursuant to FAA/Airport
Security Rules and Regulations.
Other Governmental Regulations: Permittee shall, at all times during the Term, observe,
obey and comply with any and all laws, statutes, ordinances, codes, rules, regulations,
and/or orders of any governmental entity(ies) lawfully exercising any control(s) over either
the Airport or over any part or all of Permittee's activities/ operations thereon and/or
therefrom, including, without limitation, any and all local business license and/or permit
requirements.
Increased Levels of Security: In the event City must provide for an increased level of
security in the areas occupied or used by any or all of the Permittees as mandated by the
Transportation Security Administration (TSA), the Permittee agrees that the City shall have
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the following options:
1. Require Permittee to take whatever steps are necessary to meet the security
requirements of the TSA mandate, at its own cost and expense; or
2. Close the Areas for Passenger Drop-offs or Passenger Pick-ups. In the event
of closure of any part of such area for Passenger Drop-offs or Passenger
Pick-ups (as designated in Exhibit A hereto)the City may at its option provide
an alternate location for such area, but shall not be required to do so.
Section 12.14: Governing Law and Venue.
This Permit shall be construed and governed in accordance with the laws of the State of
California. The parties submit to the jurisdiction of the courts of the County of Fresno
Superior Court or other court of competent jurisdiction.
Section 12.15: Waiver.
Waiver by City of any term, covenant, or condition hereof shall not operate as a waiver of
any subsequent breach of the same or of any other term, covenant or condition. No term,
covenant, or condition of this Permit can be waived except by written consent of City, and
forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of
same to be performed by Permittee to which the same may apply and, until complete
performance by Permittee of the term, covenant or condition, City shall be entitled to invoke
any remedy available to it under this Permit or by law despite any such forbearance or
indulgence.
Section 12.16: Modification
Unless stated otherwise in this Permit, no provision of this Permit may be waived, modified
or amended except in writing and signed by both Parties hereto.
Section 12.17: Severability of Provisions.
Except, as specifically provided in this Permit, all of the provisions of this Permit shall be
severable. In the event that any provision of this Permit is found by a court of competent
jurisdiction to be unconstitutional or unlawful, the remaining provisions of this Permit shall
be valid unless the court finds that the valid provisions of this Permit are so essentially and
inseparably connected with and so dependent upon the invalid provision(s) that it cannot
be presumed that the parties to this Permit could have included the valid provisions without
the invalid provision(s); or unless the court finds that the valid provisions, standing alone,
are incapable of being performed in accordance with the intentions of the parties.
Section 12.18: Conflicts of Interest.
Permittee certifies that no officer or employee of City has, or will have, a direct or indirect
financial or personal interest in this Permit, and that no officer or employee of City, or
member of such officer's or employee's immediate family, either has negotiated, or has or
will have an arrangement, concerning employment to perform services on behalf of
Permittee in this Permit.
Section 12.19: Entire Permit.
This Permit, together with all documents referenced herein and exhibits attached hereto,
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constitutes the entire Permit between the Parties. All other representations or statements
heretofore made, verbal or written, are merged herein.
Section 12.20: Confidentiality.
As used herein, "Confidential Information" means all confidential information disclosed by
a party (Disclosing Party)to the other party (Receiving Party), whether orally or written, that
is designated as confidential or that reasonably should be understood to be confidential
given the nature of the information and the circumstances of disclosure. Confidential
Information shall include, but not be limited to, business and marketing plans, technology
and technical information, product plans and designs, and business processes disclosed
by such party. However, Confidential Information shall not include any information that (i)
is or becomes generally known to the public without breach of any obligation owed to the
Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the
Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is
received from a third party without breach of any obligation owed to the Disclosing Party,
(iv)was independently developed by the Receiving Party or(v) was disclosed with the prior
written approval of the Disclosing Party. Except as otherwise permitted in writing by the
Disclosing Party, (i) the Receiving Party shall protect the Disclosing Party's Confidential
Information by using the same degree of care that it uses to protect the confidentiality of its
own confidential information of like kind (but in no event less than reasonable care), and
shall not disclose or use any Confidential Information of the Disclosing Party for any
purpose outside the scope of these Terms, and (ii)the Receiving Party shall limit access to
Confidential Information of the Disclosing Party to those of its employees, contractors and
agents who need such access for purposes consistent with these Terms and who are
bound by confidentiality Permits with the Receiving Party containing protections no less
stringent than those herein. The Receiving Party may disclose Confidential Information of
the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives
the Disclosing Party prior notice of such compelled disclosure (to the extent legally
permitted)and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party
wishes to contest the disclosure. Except as expressly set forth herein, no license or other
rights to Confidential Information are granted or implied hereby by either party. Upon
termination of this Permit, each party shall, within fifteen days promptly return or destroy
the other party's Confidential Information except as may be required for backup, disaster
recovery or business continuity and in such case the obligations hereunder shall survive
until such Confidential Information is destroyed or returned. This provision shall survive
any termination of this Permit.
Section 12.21: Monetary Damages.
In the event City elects to revoke or suspend this Permit, Permittee shall pay to City an
amount equal to the sum of:
All amounts owing at the time of revocation or suspension on account of Permittee's
violation of any term, condition, or provision of this Permit including but not limited to unpaid
fees plus any interest or late fees due thereon on all such amounts from the date due until
paid;
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Any other amount to compensate City fully for all detriment proximately caused by
Permittee's failure to conform to the Permit and applicable Laws or which in the ordinary
course would likely result there from.
[Signatures to follow on next page.]
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ARTICLE XIII: SIGNATURE
IN WITNESS WHEREOF, the parties hereto, for themselves, their successors and assigns,
have executed this Agreement, the day and year first above written.
CITY OF FRESNO SOUTHWEST ADVENTURE TOURS
A Mun�qji.RqJgorporation A UtalbLi, Itd Liability Company
By: enn� �1tie+ � By: �Xw' Mltivva�
Henry hompson, MBA, A.A.E., IAP
Director of Aviation Name: ]anon Murray
ATTEST: Title: President
TODDppStT""ERMER, CMC (If corporation or LLC., Board Chair,
City QIpr Sgnedby: aR~u
9#?d�ice Pres.)
- IKA q6W 4/8/2024 YYY
By' rse- r- - - By: s -
Date
Deputy Name: Lisa Harmon
No signature of City Attorney is Title: Finance
required. Standard Document #FYI-S (If corporation or LLC., CFO, Treasurer,
Ground Transportation Permit (01- Secretary or Assistant Secretary)
2022) has been used without
modification, as certified by the Address for Notice:
under�j ged�; Permittee:
{ �t..; 4/5/2024 Southwest Adventure Tours
By Attention: Jason Murray,
Marcos ya a Date Owner
Airports Properties Specialist 382 E. 650 S. Circle
Cedar City, Utah
Airports Department Phone: 435-590-5864
REV l u�,DRyY.
By:
E .
Me Issa . arza-Perry,
Airports Properties Manager,
Airports Department
Attachments:
Exhibit A: Fresno Yosemite International Ground Transportation Rules and Regulations
Exhibit B: FAA Grant Assurances
Exhibit C: Disclosure of Conflict of Interest Form
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EXHIBIT "A"
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FRESNO YOSEMITE
International Airport
Fresno Yosemite International Airport
Ground Transportation Rules and Regulations
Revision dated January 3, 2022
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Fresno Yosemite International Airport
Ground Transportation Rules and Regulations
TABLE OF CONTENTS
OVERVIEW............................................................................................................................... 3
PURPOSE.......................................................................... ................................................... 3
AUTHORITY..................... ........................................................................................................4
VIOLATIONS AND INTERPRETATION...............................................................................4
SECTION 1 — DEFINITIONS................................................................................................... 5
SECTION 2 — GROUND TRANSPORTATION VEHICLES............................................ 10
SECTION 3— GROUND TRANSPORTATION DRIVERS. ............................................. 1
SECTION 4— USE OF AIRPORT PREMISES ................................................................. 15
SECTION 5 — INDEMNIFICATION. .......... .................................................. 16
SECTION 6— GENERAL INSURANCE REQUIREMENTS............................................ 17
SECTION 7—TRANSPORTATION NETWORK COMPANIES (TNCs), OR
APPLICATION-BASED COMMERCIAL GROUND TRANSPORTATION PROVIDERS
(ABCT-PROVIDERS). ........................................................................................................... 19
SECTION 8 —TAXICAB SERVICES. ................................................................................. 19
SECTION 9 — SPECIAL EVENT TRANSPORTATION....................................................20
SECTION 10 - NO DIVERSION OF PASSENGERS....................................................... 20
SECTION 11 — DROP OFF AND PICK UP OF PASSENGERS.................................... 20
SECTION 12— PUBLIC PARKING..................................................................................... 21
SECTION 13 — REFUSAL OF FARES...............................................................................21
SECTION 14 - TRANSPORTATION OF DISABLED PASSENGERS AND SERVICE
ANIMALS................................................................................................................................. 21
SECTION 15— MISCELLANEOUS SERVICE................................................................... 21
SECTION 16 —TRANSPORTATION CHARTER PARTY SERVICES.......................... 21
SECTION 17 — PREARRANGED GROUND TRANSPORTATION SERVICES. ........ 22
SECTION 18 — ENFORCEMENT.............................................---........................................22
SECTION 19— GROUND TRANSPORTATION PERMITS AND DECALS. ............... 22
SECTION 20— GROUND TRANSPORTATION FEES ................................................... 23
SECTION 21 - MAP OF TERMINAL - GROUND TRANSPORTATION........................ 24
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Fresno Yosemite International Airport
Ground Transportation Rules and Regulations
OVERVIEW
In 2018, over 1.7 million passengers and hundreds of tons of freight arrived and departed
through Fresno Yosemite International Airport (FAT). Each one of those passengers
arrived to, or departed from the airport on one of the various forms of ground
transportation, including personal vehicles, rental cars, family/friend drop off/pick up, taxi
cabs, hotel courtesy shuttles, public bus, limousine service, or ride-share.
In addition to passengers and freight, hundreds of airline, concession, Airports
Department, and federal employees arrive and depart their workplace at the airport
around the clock, every day of the year, accounting for hundreds of thousands additional
trips. The businesses operating at FAT receive supplies, materials, and merchandise
from delivery vehicles daily.
Facilitating this magnitude and variety of ground transportation in an orderly and safe
manner requires long-range planning and capital investment in roadway systems,
specialized circulation systems and facilities, and various types of parking that
accommodate the differing needs of parking customers.
As with all capital needs throughout the airport, revenue streams are necessary to provide
funding for the improvements directly, or for the debt payments on bonds used to fund
construction. Historically, these revenues have been derived from public parking fees,
rental car leases, concession fees, and other airport general revenues. As the airport
continues to grow, its' general revenues are required for other capital and operating
needs. Consequently, this Ground Transportation Program is necessary for two
fundamental reasons: 1) to help plan for, and provide the facilities and services needed
to ensure safe and orderly services, and; 2) to ensure that all users of ground
transportation program pay a fair and reasonable fee representing their proportionate
share of the funding needed to provide and maintain the infrastructure.
For these reasons, all vehicles and the owners, operators, and drivers thereof,
transporting or offering to transport passengers or goods, shall operate at Fresno
Yosemite International Airport (Airport) in compliance with all applicable Rules and
Regulations contained herein.
PURPOSE
The purpose of these ground transportation Rules and Regulations is to establish a fair
and reasonable fee structure, and to encourage safe, effective, and efficient use of the
Airport roadway and transportation infrastructure to maintain a high level of Airport
customer service. The following categories of ground transportation service (also referred
to as "Provider") are impacted by these Rules and Regulations:
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Category 1 Taxicab services
Category 2 Transportation Charter Party (TCP) carriers including limousines, SUVs,
vans, and buses
Category 3 Scheduled or on-call Van Services/Passenger Stage Corporation (PSC)
services
Category 4 Hotel Shuttles, Courtesy vehicles
Category 5 Nonprofit services including publicly owned transit
Category 8 Transportation Network Companies / Application-Based Commercial
Ground Transportation Providers
Category 9 Pre-arranged Ground Transportation Services
Except as noted in these Rules and Regulations, in order to operate on the Airport the
above categories of ground transportation services are required to obtain all necessary,
decals, permits, and pay the required fees.
AUTHORITY
The provisions set forth herein are promulgated under the authority of Chapter 5, Article
4 of the Fresno Municipal Code (Article 4). These Rules and Regulations are intended to
supplement Article 4. Nothing in these Rules and Regulations is intended to replace or
revise the Article 4. In any instance where there may be a conflict between these Rules
and Regulations and Article 4, Article 4 shall govern.
Words and phrases in these Rules and Regulations have the meanings and definitions
as stated in Article 4 unless the context in these Rules and Regulations indicates that a
different meaning is intended.
The Director of Aviation (Director) may modify these Rules, Regulations and Fee
Schedules as authorized by Article 4.
Reference to all applicable federal, state and local laws or regulations also refers to any
amendment to such laws or regulations.
As necessary to comply with direction from the United States Department of
Transportation or Transportation Security Administration, or as warranted by unforeseen
exigent circumstances, the Director may temporarily suspend or modify any of the rights
and privileges set forth herein.
VIOLATIONS AND INTERPRETATION
Violation
Any person who violates, disobeys, omits, neglects, or refuses to comply with any of the
provisions of these Rules and Regulations or any lawful order issued pursuant thereto
may be denied use of the Airport premises for commercial purposes by the Director. Such
denial of use is in addition to any fines or other penalties imposed pursuant to Article 4,
or federal, state or local law.
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Interpretation
In the event that an interpretation of any provisions of these Rules and Regulations is
required, the Director shall render such an interpretation, and his or her determination
shall be considered as final authority on the matter. All applicable federal, state and local
laws and regulations and the laws and regulations of any other legal authority having
jurisdiction, as now in effect or as may be promulgated in the future, as they may be from
time to time amended, are hereby incorporated as part of these Rules and Regulations
as though fully set forth herein. Any reference in these Rules and Regulations to a federal,
state, or local law or regulation also refers to any amendment to such law or regulation.
SECTION 1 — DEFINITIONS.
There will be no exceptions to these definitions.
A. Administrative Citation. Means an enforcement citation issued by an authorized
City employee for violations of the terms of conditions of this Permit or the Rules
and Regulation, among other violations.
1. First Offense. $100 dollar fine;
2. Second Offense. $200 dollar fine;
3. Third Offense. Revocation of Permit.
B. Airport. Means the Fresno Yosemite International Airport (FAT), as it currently
exists or as it may exist in the future throughout the Term of this Permit.
C. Airport Customer. Means any user of the Airport who proposes to use a ground
transportation provider's services, including, without limitation, for parcel delivery
or pick-up.
D. Airport Ground Transportation Rules and Regulations (Rules & Regs) or Rules
and Regulations. Means the policy and procedures as set forth in the manual
provided by Director of Aviation, which describes the rules and regulations for
operating on the Airport and as described therein, which can be updated from
time to time.
E. Airport ID. Means an identification badge issued by the Airports Public Safety
Office pursuant to background, training and testing requirements established by
Airports.
F. Business Day. Means any calendar day except Saturday, Sunday and any other
day observed as a legal holiday by the City of Fresno. For purposes of this
Permit, if the time in which any act is to be performed falls on a Saturday, Sunday
or legal holiday, the time for performance shall be extended to the following
business day.
G. CPUC. Means California Public Utilities Commission, which regulates and
licenses transportation providers in California, including TNCs.
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H. City. Means the City of Fresno, California, owner of Airport.
I. Commencement Date/Effective Date. Means the first operating day of the Permit.
J. Day. Means any calendar day, unless a Business Day is specified.
K. Director. Means the City's Director of Aviation or such person as may be
designated to carry out the duties of Director under this Permit.
L. FAA. Means the Federal Aviation Administration of the U.S. Department of
Transportation.
M. Fee or Permit Fee. Means the annual cost to the Ground Transportation
Provider to operate at the Airport.
N. Fiscal Year. Means the City's fiscal year beginning July 1 and ending June 30
each year.
O. Fresno Municipal Code/Municipal Code. Means Chapter 5, Article 4 of the
Fresno Municipal Code.
P. Geo-Fence. Means a polygon whose points are geographic coordinates on
Airport Property designated by the City (as may be amended by the City from
time-to-time) which delineates the area within which Permittee must operate
under this Permit.
Q. Ground Transportation Provider. As defined the CUPC below:
1. Passenger Stage Corporations (PSC): for-hire passenger carrier
authorities;
a. "Classic" PSC. Carriers charging individual fares are presumed to
be PSC's, except for round-trip sightseeing services. PSC's provide
scheduled service, over fixed routes, between fixed termini (points),
such as regularly scheduled bus service. However, regularly
scheduled bus service operated by a publicly owned transit system
is not"passenger stage" service, and is not under CPUC jurisdiction.
b. Door-to-door Shuttle Service. Provides on-call service, for
example, door-to-door airport shuttle service where all transportation
begins or ends at a single terminus, such as an airport. Many
vehicles used in the airport shuttle industry are not owned or
operated by a PSC, but are charter-party carriers working as
subcarriers (subcontractors) for a PSC.
2. Charter-party carriers (TCP). Transportation is charted by a party (person
or group). May also arrange the transportation on behalf of another person
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or group, such as an employee or client. TCP carriers must charge fares
based on vehicle mileage, or time of use, or a combination of the two, and
may not charge individual fares. All transportation performed by charter-
party carriers must be arranged beforehand, and the driver must have a
completed waybill in his or her possession at all times during the trip,
showing, among other things, the name and address of the person
requesting or arranging the transportation (the chartering party), the time
and date when the charter was arranged, and whether it was arranged by
telephone or written contract, the number of persons in the charter group,
the name of at least one passenger, and the points of origin and destination.
A charter-party carrier may not operate as a taxi, or advertise as to indicate
that it provides taxicab service.
3. Taxicabs. Means a passenger vehicle for hire, used to transport passengers
on public streets. The charge for use of a taxicab is determined by a
taximeter. Taxis may provide transportation "at the curb", that is, a customer
may"arrange" taxi transportation by simply hailing a cab from the sidewalk.
Also, taxis have meters and top lights. Taxis are licensed and regulated by
cities and counties,while charter-party carriers operate under authority from
the CPUC, subject to the Public Utilities Code and CPUC regulations.
4. Regularly scheduled bus service. Bus service operated by a publicly owned
transit system is not "passenger stage" service.
5. "Round-trip Sightseeing." The chartering party has control over the
transportation that is, when and where the trip originates and ends, and the
itinerary in between.
R. Laws. Means any judicial decision, statute, constitution, ordinance, resolution,
regulation, rule, administrative order, or other requirement of any municipal,
county, state, federal, or other governmental agency or authority having
jurisdiction over the parties in effect either at the time of execution of this Permit
or at any time during the term of this Permit, including, without limitation, any
regulation or order of a quasi-official entity or body.
S. Manager. Means the Contractor contracted by the City to provide On Demand
Ground Transportation Services Management or City employee assigned to
Ground Transportation Services.
T. Mobile App./Mobile Application/Application/Ap Means the computer
application for mobile devices used by Permittee to conduct its business model
as a CPUC-licensed Ground Transportation Provider.
U. Municipal Code. Means the City of Fresno Municipal Code, as amended from
time to time.
V. Party. Means each of the City and Permittee.
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W. Past Due Interest. Means interest accruing at the lesser of (a) the maximum
rate allowable by law, or(b) eighteen percent (18%) per annum based on a three
hundred sixty-five (365) day year, commencing on the tenth (10th) business day
after the date such amount is due and owing and continuing until such amount is
paid to the City.
X. Permit or Permit to Operate, Means this Ground Transportation Permit for
Ground Transportation Providers coming onto Fresno Yosemite International
Airport (FAT).
Y. Permittee. Means the entity defined on page 1 of this Permit. Unless the context
requires otherwise, any reference to Permittee shall be construed to include any
of Permittee's drivers, employees, representatives, and other agents.
Z. Pre-arranged. Means the providing for hire of commercial ground transportation
to or from the Airport, where such transportation was contracted or arranged for
by or on behalf of the passenger or parcel customer, in advance of the
passenger's arrival or parcel's arrival at the Airport, or after the passenger's
arrival at the Airport by communicating with a Ground Transportation Provider.
Pre-arranged transportation includes transportation provided for business
purposes, even though it is provided as a courtesy and the passenger is not
directly charged for such transportation.
AA. Provision. Means any term, agreement, covenant, condition, clause,
qualification, restriction, reservation, or other stipulation in this Permit that
defines or otherwise controls, establishes, or limits the performance required or
permitted by either party. All Provisions, whether covenants or conditions, which
are applicable to Permittee, shall be deemed to be both covenants and
conditions.
BB. Security Deposit. Means the deposit as defined and described in Section 4.08
of this Permit.
CC. Services. Means all ground transportation services as defined above by the
Ground Transportation Provider.
DD. Solicitation. Means the uninvited initiation of a conversation or other uninvited
contact by a driver, other employee, representative or agent (whether formal or
informal)of any Ground Transportation Provider with any person, for the purpose
of enticing or persuading said person to use any service or facilities provided by
the Ground Transportation Provider or any affiliate of any Ground Transportation
Provider.
EE. Tax. Means and includes any assessment, license, charge, fee, imposition, or
levy imposed by any governmental body.
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FF. Taxicab Services Provider. Means a Ground Transportation Provider who
transports passengers in a Taxicab.
GG. Term. Means the term of this Permit.
HH. Terminal Building. Means the passenger terminal building at the Airport and any
additional buildings that may be constructed, serving the airlines, together with
the adjacent curbs, parking and staging areas and roadways, as now exist or as
may hereafter be reconstructed, modified, changed or developed.
II. Termination Date. Means the date that the ground transportation permit expires.
JJ. Tracking and Management Service. Means a third party that will establish the
Airport Geo-Fence and provide services to manage, track and monitor
application-based commercial ground transportation transacting business of
Ground Transportation Provider's to, on, or from the Airport, and to invoice and
collect fees.
KK. Tracking and Management Service Contract. Means City's Permit with Tracking
and Management Service, which will be entered into by Airport on or around the
date hereof, as may be updated from time to time.
ILL. Trade Dress. Means distinctive signage or display on the vehicle when
providing Services that is sufficiently large and color contrasted as to be
readable during daylight hours at a distance of at least 50 feet. The trade dress
shall be sufficient to allow a passenger, government official, or member of the
public to associate a vehicle with the associated Ground Transportation
Provider. Acceptable forms of trade dress include, but are not limited to,
symbols or signs on vehicle doors, roofs, or grills. Magnetic or removable trade
dress is acceptable.
MM. TSA. Means the Transportation Security Administration of the U.S. Department
of Homeland Security.
NN. Vehicles . Means any automobile, truck, van, bus, limousine, motorcycle,
bicycle, and other wheeled conveyances (except aircraft), operated by a Ground
Transportation Provider, in which any person or property can be transported
upon land.
00. Vehicle Identification Decal. Means a vehicle identification decal issued or
authorized by the Director to be placed as directed, on or in each ground
transportation vehicle registered and permitted to operate on Airport premises,
for the purpose of identifying vehicles.
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PP. Vehicle Inspection. Means vehicle inspections under the CUPC that must be
completed annual or as requested for all Vehicles in the ground transportation
providers fleet, within ten (10) days of request.
QQ. Vehicle Inspection Form. Means the inspection form that must be completed
annually or as requested for all Vehicles in the Ground Transportation
Providers fleet and submitted to the Airport within ten (10) days of request.
Form can be found at
htt ://www.c uc.ca. ov/u loadedFiles/CPUC Public Wehsite/Content/Licensin
IPassen er Carriers/PL%20668 Vehicle%201ns ection%20Declaration 9.14.
16.pdf
RR. Waybill. Means a document or electronic form containing the passenger's
name(s), the number of persons in the party, the location of the pickup, and the
airline and flight number on which the passenger arrived or will arrive.
SECTION 2— GROUND TRANSPORTATION VEHICLES
2.1 GENERAL OPERATION OF GROUND TRANSPORTATION VEHICLE.
Every ground transportation Provider shall limit its vehicles and drivers in their
activities to stopping at locations, using those designated roads, and using those
portions of the Airport premises as specified in these Rules and Regulations, and
as otherwise designated by the Director, for the loading and unloading of
passengers and baggage, or picking up or delivering parcels.
Every ground transportation Provider shall acquire and maintain such certificates,
licenses and other authorizations required by federal, state and local authorities for
each of its vehicles and its drivers in order to conduct ground transportation
services on the Airport premises.
Every ground transportation Provider shall ensure that its vehicles and drivers
comply with all federal, state and local laws and regulations while providing ground
transportation services, including, but not limited to, those laws and regulations
requiring accommodation for persons with disabilities.
2.2 GROUND TRANSPORTATION VEHICLE REQUIREMENTS.
Each ground transportation vehicle operated on the Airport premises must be in
compliance with all California Vehicle Codes, CPUC requirements, Fresno
Municipal Codes and items listed below, but not limited to these specific items:
A. Have the vehicle registration, where applicable, from the DMV within the
vehicle pursuant to California Vehicle Code (CVC) Section 4454;
B. Display an unexpired license plate of the appropriate type;
C. Display, where applicable, the appropriate California Public Utilities
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Commission (CPUC), ICC, transponder and/or permit to operate, including the
applicable certificate or authority number required. CPUC 1031, 5371; CVC
34507.
D. Maintain valid insurance coverage as required in these Rules and Regulations.
E. Display a vehicle fleet number where applicable in accordance with 4.03
General Order 157 CPUC; 4.03 General Order 158.
2.3 VEHICLE INSPECTIONS.
A. All ground transportation vehicles shall be subject to inspection under the
California Vehicle Code, the Department of Homeland Security, all other local,
state and federal laws and any guidelines established by the Director. Any
Airport law enforcement personnel, any federal, state or local law enforcement
officer, any Airport official, and all agents appointed by the Director who display
proper identification shall have the authority to inspect vehicles. Vehicles which
fail inspections shall not be used to provide ground transportation services on
the Airport until all noted deficiencies are corrected.
B. All vehicle inspections shall be pursuant to the California Public Utilities Code
(CPUC) and form PL 668 19-point Vehicle Inspection Declaration, or as
modified by the CPUC.
C. All vehicle inspections must be completed by a facility licensed by the California
Bureau of Automotive Repair.
2.4 VEHICLE APPEARANCE.
All signage of ground transportation vehicles is subject to the Director's approval. Each
ground transportation vehicle, except limousines and TNCs, shall have the name of the
ground transportation service and telephone number displayed on the exterior of the
vehicle and in sharp contrast to the vehicle body color. A vehicle is considered easily
identifiable if the company name, phone number, vehicle number or livery plate and
CPUC, TCP and [CC numbers, if applicable, can be read from a distance of 50 feet from
the vehicle. All ground transportation vehicles shall have professionally lettered
identification signs on both sides of the vehicle and a uniform color scheme on all vehicle
exteriors
2.5 VEHICLE STANDARDS.
A. All vehicles must be maintained in good and safe mechanical condition and
otherwise in compliance with the California Vehicle Code and the California
Public Utilities Code.
B. All vehicle interiors, trunk space and exteriors shall be kept clean and free of
any damage. All vehicles shall have hubcaps and door handles and all
equipment required by the California Vehicle Code and the California Public
Utilities Code. Trunks shall be kept adequately clean and empty to
accommodate passenger baggage.
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C. All vehicles shall be in compliance with all local, state and federal safety and
emission requirements.
D. Ground transportation providers are required to maintain the exterior of their
vehicles in good condition. Exterior body damage must be repaired in order to
continue operating at the Airport.
E. All ground transportation service Providers may be required to verify
completion of any required repairs by re-inspection of a vehicle by the Airport.
Operators shall have thirty (30) days to repair "minor" damage. Vehicles with
"moderate" or "major" damage shall not be allowed to operate on the Airport
until such damage is repaired.
F. "Minor" damage shall mean slight damage such as small dents, cracked
glass, and
torn seats, etc.
H. "Moderate" damage shall mean more than slight damage to one-fourth or less
of the vehicle; for example an entire fender, grill, quarter panel, door, hood,
rear deck, etc.
I. "Major"damage shall mean damage to more than one-fourth of the vehicle; such
as, entire side rear end, etc.
J. Operators using clean air vehicles shall maintain their vehicles including the
fueling system, engine and drive train in good working order at all times.
Altering a clean air vehicle to allow it to be operated as a conventional diesel
fuel or gasoline-powered vehicle, or substituting conventional diesel fuel or
gasoline for an alternative fuel approved by the Director is prohibited.
SECTION 3 — GROUND TRANSPORTATION DRIVERS.
3.1 COMPLIANCE WITH LAW. Drivers of ground transportation vehicles shall strictly
comply with these Rules and Regulations and those applicable Rules and
Regulations and laws found in the CPUC and Vehicle Codes, Title 11.09, and any
other applicable codes or laws. Airport Rules and Regulations, when legally
permissible, shall augment any other applicable existing code, rule or regulation.
3.2 LAWFUL ORDERS. Drivers of ground transportation vehicles shall obey the lawful
orders and directions of all Airport law enforcement personnel, any state or local
law enforcement officer, all Airport officials, and all agents appointed by the
Director who display proper identification.
3.3 DRIVER APPEARANCE. Drivers of ground transportation vehicles shall be clean
and neat in appearance.
3.4 DRIVER REQUIREMENTS. Every driver of a ground transportation vehicle shall
be:
A. In possession of a duly issued Airport ID, for all drivers that stage their vehicles
on Airport property. Exempt are drivers who complete drop off and picks ups
only. In possession of a valid state driver's license as required under the
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California Vehicle Code;
B. Either a ground transportation Provider registered with and permitted by the
City of Fresno, or a driver under the direct supervision of a ground
transportation Provider and listed on a roster of drivers, where applicable,
provided to the City;
C. Responsible for knowing and understanding of the Airport Rules and
Regulations;
D. Knowledgeable of local geography and/or able to use maps, GPS or other
similar resources necessary to efficiently transport passengers to desired
locations within Fresno and other local communities served by the airport.
E. Able to communicate with passengers.
F. Courteous to the public at all times. A ground transportation driver shall not use
profane language, insult or demean, make a threat of violence or physical
harm, or act in a loud and boisterous or otherwise improper manner. Obscene
gestures, or language, threats of physical harm, fighting, gambling, public
intoxication, lewd or otherwise improper public behavior, or the use of illegal
substances on Airport premises are expressly prohibited.
G. Cooperative and communicative with Airport personnel. A driver shall not be
verbally abusive toward any Airport representative or another ground
transportation representative.
H. No driver shall be under the influence of alcohol or illegal substances while
operating ground transportation at Airports facilities.
3.5 GROUND TRANSPORTATION OPERATOR CONDUCT-
A. No driver, representative, employee, or agent of a Provider shall conduct any
business on the Airport other than that expressly described in Article 4 of the
Fresno Municipal Code, these Rules and Regulations, and in any applicable
ground transportation permit or application unless approved by the Director in
advance.
B. No driver, employee, representative, or agent shall engage in the solicitation of
passengers unless specifically permitted by the Director, in writing, to do so.
C. No driver shall transport passengers in an unsafe manner.
D. No driver, representative, employee, agent or Provider shall sell, promote or
otherwise provide any items or services other than ground transportation to its
passengers or any other persons upon the Airport premises.
E. Ground transportation operator shall be courteous to the public and to other
ground transportation operators and their employees. The ground
transportation operator, or their agent, shall be clean, efficient and neat in
appearance. Operators shall not allow employees on the airport to use
improper language or act in a loud or boisterous or otherwise improper manner.
Operators shall not engage in open, notorious and public disputes,
disagreements or conflicts intending to deteriorate the quality of the ground
transportation services of commercial operators or their competitors or
incompatible with the best interest of the public at the airport. Obscene
communications, threats of violence or physical harm,fighting, gambling, public
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intoxication, and carrying weapons or illegal substances on airport premises
are expressly prohibited.
F. Ground transportation operators are prohibited from sleeping inside their
vehicles at the ground transportation curb in front of the terminal. Violators will
be immediately expelled and subject to suspension and permit revocation.
3.6 NO UNATTENDED VEHICLES. Drivers of ground transportation vehicles shall
remain in (or with) their vehicles and shall not park or leave a vehicle unattended
at any curb, unless the vehicle is a designated delivery vehicle and the driver is
making a delivery, or otherwise authorized by the Director. Unattended vehicles
may be cited and removed. If drivers must park or leave their vehicles unattended,
they shall park in the public parking lot subject to the posted rates.
3.7 FALSE DOCUMENTS AND TRANSPONDERS. Ground transportation drivers,
representatives, employees, agents or Providers shall not use, display, show,
exhibit or transfer any transponder, permit, waybill, decal, receipt, or any other
document which is false, invalid, altered, revoked, terminated or expired.
3.8 DECEPTION OF PUBLIC. A ground transportation driver, representative,
employee, agent or Provider shall not deceive or attempt to deceive the public
through false or misleading representations concerning its prices or services or
those of other ground transportation service Providers.
3.9 PASSENGER RECEIPTS. All drivers of ground transportation vehicles with the
exception of TNC's shall have passenger receipts in all their vehicles which are
imprinted with the company's name, address, telephone number and CPUC or
PSC number, if applicable. The receipt shall provide space for the driver's name,
date and time of service and the fare charged. Electronic receipts are acceptable.
Each customer shall be offered a receipt following payment by that customer.
3.10 RATE SCHEDULE AND TIMETABLE INFORMATION. All ground transportation
services shall display timetable and tariff information in accordance with applicable
local, state and federal law. Taxicabs shall have rate schedules posted externally,
and all other ground transportation vehicles shall have tariff and timetable
information (if applicable) available on or in the vehicle or online for TNC's for
passenger review.
3.11 CPUC COMPLAINT ADDRESS.All ground transportation service vehicles subject
to CPUC oversight (except TNCs) must post, in plain view by all passengers, the
following information:
CPUC Complaint Intake Unit-Transportation Enforcement Section Consumer
Protection and Safety Division
505 Van Ness Avenue, 2nd Floor
San Francisco, CA 94102-3298
1-800-894-9444
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The CPUC website for complaints follows:
http:/www.cpuc.ca.aov/PUC/CEC/e com faint/d carrierscom laint.htm. There is a
complaint form that is used to file complaints. It can be found and downloaded from the
above link or a complaint can call and ask to be mailed a form by calling 1-800-894-9444
or by emailing ciu�intake __cpuc.ca.gov. The Intake Unit will be happy to answer any
questions complainants have about the complaint process.
3.12 CREDIT CARDS ACCEPTED. All ground transportation service Providers (except
TNCs) shall post the types of credit cards accepted as payment for their services.
3.13 LUGGAGE ASSISTANCE. No ground transportation driver or driver's agent
shall provide luggage assistance unless the passenger has, without solicitation
from the ground transportation operator, requested such assistance; or unless the
ground transportation operator is claiming and delivering delayed baggage under
contract.
3.14 GRATUITIES. While taking passengers to and from the Airport, ground
transportation drivers, representatives, employees and agents shall not solicit
gratuities or tips, directly or indirectly, from their passengers.
SECTION 4— USE OF AIRPORT PREMISES.
The following Rules and Regulations are applicable to all ground transportation
services:
4.1 PARKING AND STOPPING OF VEHICLES. All ground transportation vehicles
operated on Airport premises must comply, at all times, with traffic signs, signals,
pavement markings and other physical, electrical and mechanical traffic control
devices placed and maintained by the Director unless directed otherwise by
authorized personnel. Designated loading and unloading areas are subject to
change from time to time, as necessary in the judgment of the Director to advance
the safety, security and/or convenience of Airport operations. All pick-ups and
drop-offs must be made in a designated loading/unloading zone. Traffic control
restrictions imposed by the Director may include, without limitation:
A. Designating a parking time limit on any portion of the Airport;
B. Designating any portion of the Airport for specific uses (e.g., for the general
public, designated commercial passenger vehicles, a passenger
loading/unloading zones, a freight loading zone, or for Airport vehicles only);
C. Designating any portion of the Airport as a NO STOPPING, NO WAITING, or
NO PARKING area;
D. Designating where and how vehicles shall be parked by means of parking
space markers; and
E. Designating direction of travel.
4.2 USE OF AUTHORITY. The Director may use his or her full authority under federal,
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state, and Local law, as well as TSA security directives, to direct, remove, or cause
to be removed at the owner's expense from any restricted or reserved area, any
roadway or right-of-way or other area on the Airport premises, any vehicle which
is: disabled, abandoned, illegally or improperly parked, or creating an Airport
operational issue. Any such vehicle may be removed or caused to be removed to
an official vehicle impound area designated by the Director. Neither the Airport nor
the City shall be liable for damage to any vehicle or loss of personal property which
might result from the act of removal.
4.3 DESIGNATED ROUTE. Drivers of ground transportation vehicles must, upon
entering the Airport, proceed along the most direct route to the designated drop-
off or pick-up location, hold lot, or other authorized destination unless otherwise
instructed by the Director.
4.4 CRUISING. Cruising is prohibited. Ground transportation vehicles will be
considered to be cruising unless the driver:
A. Has a customer to be discharged at a terminal and is proceeding to this
destination by the most direct route;
B. Is in the process of leaving the Airport by the most direct route.
4.5 PROPER TRAFFIC FLOW. All ground transportation vehicles shall only be
operated on roads and parking areas designated by the Director for use by that
particular type of vehicle and ground transportation service. Vehicles are not to be
positioned so as to block the flow of traffic or prevent other vehicles from gaining
access to, or departing from, ground transportation areas or other areas at the
Airport. Additional restrictions may be set forth by the Director through other
means, including in a ground transportation permit. No ground transportation
service shall use the roads, walkways, sidewalks, or other Airport facilities in such
a manner as to hinder or obstruct their proper use, public access, the conduct of
proper and approved business activities, or to interfere with the flow of traffic.
SECTION 5— INDEMNIFICATION.
5.1 INDEMNIFICATION
To the furthest extent allowed by law, Ground Transportation Provider shall hold City
completely harmless and indemnify, protect and defend City and each of its officers,
officials, employees, agents and volunteers against any and all claims, judgments, fines,
penalties, forfeitures, damages, demands, liabilities, suits, notices, costs and expenses
[including all reasonable costs and expenses for investigation and defense thereof
(including, but not limited to attorney fees, court costs and expert fees)], or any one, more
or all of these, of any nature whatsoever, arising or allegedly arising, directly or indirectly,
out of, as a result of, or incident to, or in any way connected with: (1) Ground
Transportation Provider's occupancy(ies) and/or use(s) of any part or all of the Airport;
(2) Ground Transportation Provider's exercise of any one, more or all of the rights and
privileges herein granted; (3) any breach or default in the performance of any obligation
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on Ground Transportation Provider's part to be performed under the terms of this
Agreement; and/or (4) any act(s) or omission(s) on the part of Ground Transportation
Provider and/or any officer(s), agent(s), employee(s) or contra ctor(s),of Ground
Transportation Provider during the Term, except for any claims, judgments, fines,
penalties, forfeitures, damages, demands, liabilities, suits, notices, costs and expenses,
or any of these, caused solely by the gross negligence or by the willful misconduct of City
or any of its officials, officers, or employees acting within the scope of their duties for City.
Ground Transportation Provider shall conduct all defenses at no cost or expense to the
City. City shall be reimbursed for all costs and attorney's fees incurred by City in
enforcing this obligation. This indemnity 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 Ground Transportation Provider.
Approval or purchase of any insurance contracts or policies shall in no way relieve from
liability nor limit the liability of Ground Transportation Provider and its officials, officers,
employees, agents and volunteers.
The provisions of this section of this article shall survive the expiration or early termination
of this Agreement.
SECTION 6 — GENERAL INSURANCE REQUIREMENTS.
6.1 EXEMPTION OF CITY
Ground Transportation Provider hereby specifically warrants, covenants and agrees that
City shall not be liable for injury to Ground Transportation Provider's business or any loss
of income therefrom or for damage to the goods, wares, merchandise or other property
located in, upon or about the Airport under authority hereof, whether belonging to Ground
Transportation Provider, or any employee, agent, contractor, sub-contractor, tenant, sub-
lessee of Ground Transportation Provider, or any other person whomsoever. The City
shall not be liable for any injury to the person of Ground Transportation Provider or
Ground Transportation Provider's employees, agents, contractors, subcontractors,
tenants, sub-lessees, 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 the said
damage or injury results from conditions arising in or on any part or all of the Airport or in
or on any of the improvements/ facilities appurtenant thereto located therein or thereon,
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 Ground
Transportation Provider. Ground Transportation Provider 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.
6.2 INSURANCE
Ground Transportation Provider shall, at Ground Transportation Provider's expense,
obtain and, throughout the Term, maintain in full force and effect all policies of insurance
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required hereunder, with an insurance company(ies) either (i) admitted by the California
Insurance Commissioner to do business in the State of California and rated not less than
"A-/VII" in Bests Insurance Rating Guide, or (ii) authorized by City's Risk Manager or
his/her designee. Insurance Requirements shall be specified in the Permit and/or
Agreement.
Ground Transportation Provider shall have the right to provide the coverage specified in
the Permit and/or Agreement by a program of self-insurance, which has been approved
by the State of California. Ground Transportation Provider shall furnish City with a self-
insured certificate of insurance and applicable endorsements. Said certificate and
applicable endorsements shall document that Ground Transportation Provider's self-
insurance program is approved by the State of California; the retention level of such self-
insurance program; the City and its officials, officers, employees, agents and volunteers
are named as additional insureds; and that the policy of insurance is primary and no
contribution shall be required by City. Ground Transportation Provider shall also supply
the name of Ground Transportation Provider's excess insurance carrier at the time the
certificate of self-insurance is supplied to City.
6.3 DELIVERY TO DIRECTOR OF EVIDENCE OF INSURANCE
Ground Transportation Provider must deliver, without request or demand, to the Director,
a certificate of insurance and all applicable endorsements or other evidence of insurance
coverage required by this Article in form and content satisfactory to City's Risk Manager
or his/her designee. Ground Transportation Provider must update such evidence of
insurance not less frequently than annually.
6.4 EXPIRATION OF INSURANCE POLICY
Prior to the expiration of any insurance policy required by this Article, Ground
Transportation Provider must submit to the Director a certificate of insurance and all
applicable endorsements showing that such insurance coverage has been renewed. If
such coverage is cancelled or reduced, Ground Transportation Provider, within five
business days following the date of written notice from the insurer of such cancellation or
reduction in coverage, must file with the Director a certificate of insurance and all
applicable endorsements showing that the required insurance has been reinstated or
provided through another insurer or insurers.
6.5 ADJUSTMENT OF CLAIMS
Ground Transportation Provider must provide for the prompt and efficient handling of all
claims for bodily injury, property damage or theft arising out of the activities of Ground
Transportation Provider under the Permit and/or Agreement.
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SECTION 7 — TRANSPORTATION NETWORK COMPANIES (TNCs), OR
APPLICATION-BASED COMMERCIAL GROUND TRANSPORTATION PROVIDERS
(ABCT-PROVIDERS).
7.1 This class of Ground Transportation Provider operates under an application-based
business model which enables direct communication with customers. This
feature enables the customer and TNC Driver to communicate with their respective
mobile devices and enables the customer to arrange for personalized ground
transportation. Likewise, it enables the TNC Driver to by-pass the airport rules
and procedures under which non-application based Ground Transportation
Providers are required to operate. This feature creates a privilege for the TNC
Providers and the TNC Drivers which is not available to other Ground
Transportation Providers and Drivers. Also, because TNCs are able to avoid the
rules and procedures that other Providers are subject to, there are special rules
and procedures that TNC Drivers must adhere to, as listed in 7.2 below. Finally,
the business model of the TNCs enables it to have access to the Passenger while
still in the terminal and before the Passenger can be accessed by other Ground
Transportation Providers. This business model is more similar to a terminal
concession in that it has virtual access to Passengers while still in the terminal that
other classes of Ground Transportation Providers do not have. For these
reasons, TNC Providers will be offered a Non-Exclusive Transportation Network
Company Airport Permit and TNC Drivers will have unlimited access to the various
parts of the Airport. The City will utilize a Geo-Fence tracking system as a means
to monitor their ingress onto Airport property, their business transactions taking
place on the mobile applications, and their egress off Airport property. While
providing services at the Airport terminal, TNCs will be required to drop off
Passengers at TNC assigned area at the outer curb.
7.2 While operating at the terminal, TNCs will be subject to the same procedures that
private vehicles are while dropping off and picking at the curb, as follows:
A. No vehicles may be left unattended under any circumstance;
B. Parking and waiting are prohibited;
C. The practice of cruising, as defined herein, is prohibited;
D. The Cell Phone Lot has limited parking capacity and is reserved for the
public and may not be used by TNC Drivers;
E. TNC Drivers who must park to wait for a Passenger, or enter the terminal
for any purpose must use the Public Parking Lot at the posted parking
rate.
SECTION 8 — TAXICAB SERVICES.
8.1 REQUIREMENTS FOR TAXICAB SERVICE. Prior to providing any ground
transportation service to or from the Airport, a taxicab service provider and driver is
required to obtain a Permit and Vehicle Identification Decal. Taxicab providers and
drivers must show proof of appropriate local, state and federal permits and
licenses. Taxicab providers must provide FAT with their hours of operation at the
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Airport.
SECTION 9— SPECIAL EVENT TRANSPORTATION.
9.1 REQUIREMENTS FOR SPECIAL EVENT TRANSPORTATION SERVICES. Prior
to providing any ground transportation service at the Airport, all special event
service providers and drivers are required to obtain an Airport ground
transportation Special Activity Notice (SAN). Special event Providers and drivers
must evidence proof of appropriate local, state and federal permits and licenses
and must obtain a transponder and a decal from the Airport.
A. With the prior permission of the Director, drivers and operators of transportation
charter party services involving large group movements and the use of multiple
vehicles (e.g., tour groups) may use the curbside areas as designated for the
Special Event.
B. Use of these areas is available on a first come, first served basis and is subject
to all local, state and federal security mandates. Ground transportation services
seeking to use these areas must obtain the prior approval of the Director or his
designee. Requests may be submitted via telephone.
C. A "Notice of Special Event" form, distributed by the Director upon approval of
the service, is to be placed on the dash of each special event vehicle. The
notice allows the ground transportation Provider to board or unload passengers
at the designated special event curbs.
SECTION 10 - NO DIVERSION OF PASSENGERS.
10.1 NO DIVERSION OF PASSENGERS. Ground transportation operators shall not,
through their officers, agents, representatives, or employees divert or cause to be
diverted any prospective customer or item to a location off the airport, in order to
pick up or drop off said customer or item off the airport and thereby avoid paying
the fees and charges that would otherwise be owed to airport hereunder.
SECTION 11 — DROP OFF AND PICK UP OF PASSENGERS.
11.1 TERMINAL CURB USAGE FOR DEPARTING PASSENGERS. Unless otherwise
specified, provider vehicles shall use the outside lanes, as shown on the map in
Section 24, for unloading of passengers and baggage. Use of these lanes shall be
for active unloading only. Drivers shall not stop in the drive lane. The driver shall
not leave the vehicle unattended.
11.2 TERMINAL CURB USAGE FOR ARRIVING PASSENGERS. Unless otherwise
specified, provider vehicles shall use the outside lanes, as shown on the map in
Section 24, for pick-up of arriving passengers and their baggage. The driver shall
not leave the vehicle unattended. Drivers shall not stop in the drive lane. The driver
shall not leave the vehicle unattended.
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SECTION 12 — PUBLIC PARKING.
12.1 USE OF PUBLIC PARKING LOTS. Public Parking lots shall be for the use of
Airport passengers only. If any Ground Transportation Provider parks in the public
parking lots they shall be responsible for all fees associated with using the lots.
12.2 CELL PHONE LOT. The Cell Phone Lot is for the purpose to accommodate
customers that are at the Airport for the sole purpose of picking up a traveler and
do not wish to park and leave their car. Ground Transportation Providers are not
allowed to stage in the Cell Phone parking lot.
SECTION 13 — REFUSAL OF FARES.
13.1 REFUSAL OF FARES.
Ground transportation providers may only refuse a fare as follows:
A. A voucher offered by the airlines.
B. If the passenger(s) luggage exceeds the capacity of the vehicle.
C. Any other right of refusal as stipulated in the Rules & Regulations set
forth by the Public Utilities Commission.
SECTION 14 - TRANSPORTATION OF DISABLED PASSENGERS AND SERVICE
ANIMALS.
14.1 TRANSPORTATION OF DISABLED PASSENGERS AND SERVICE ANIMALS.
Ground Transportation Providers and their drivers shall comply with City, State,
and Federal regulations concerning the transportation of disabled passengers, and
shall agree to transport service animals accompanying airline passengers.
SECTION 15— MISCELLANEOUS SERVICE.
15.1 PERMITS AND DOCUMENTS REQUIRED. All miscellaneous ground
transportation service Providers are required to obtain Vehicle Identification
Decals prior to providing any ground transportation service at the Airport, with the
Director's review and approval. Ground Transportation service drivers in this
category shall exhibit evidence of all applicable local, state and federal permits or
licenses, and any other items determined by Director.
SECTION 16— TRANSPORTATION CHARTER PARTY SERVICES
16.1 REQUIREMENTS FOR TRANSPORTATION CHARTER PARTY SERVICES.
Prior to providing any ground transportation service at the Airport, all transportation
charter party service providers and drivers are required to obtain a Vehicle
Identification Decal. Transportation charter party service Providers and drivers
must evidence proof of appropriate local, state and federal permits and licenses.
16.2 WAYBILL REQUIRED. Transportation charter party carrier drivers are required to
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have a waybill for each passenger for whom they are providing ground
transportation services and shall present this waybill on demand to any APSO,
traffic enforcement officer, Fresno Police Officer, State of California or federal law
enforcement officer, or any person authorized by the Director to demand
presentation of a waybill. An electronic waybill is acceptable.
SECTION 17— PREARRANGED GROUND TRANSPORTATION SERVICES.
17.1 "Prearranged ground transportation service" means transportation for one or
more passengers that is arranged in advance or operated on a regular route
between specified points and is provided in a motor vehicle with a seating capacity
that does not exceed 15 passengers (including the driver).
17.2 If any Provider has an agreement with a third party, such as an airline, for
prearranged ground transportation services, that Provider must inform the Airport
in writing with a current copy of the third party agreement.
SECTION 18 — ENFORCEMENT.
18.1 VIOLATIONS. Violations of these Rules and Regulations may lead to the
temporary suspension or permanent revocation of the ground transportation
service and the driver's permit to operate on the Airport, as well as fines and
criminal prosecution pursuant to these Rules and Regulations and the Fresno
Municipal Code.
SECTION 19— GROUND TRANSPORTATION PERMITS AND DECALS.
19.1 GROUND TRANSPORTATION DECALS.
Every ground transportation vehicle, other than TNC vehicles, on the Airport
premises must display a current and valid ground transportation decal unless
otherwise exempted pursuant to Chapter 5, Article 4 of the Fresno Municipal Code,
or these Rules and Regulations.
19.2 APPLICATION FOR GROUND TRANSPORTATION PRIVILEGES AND DECAL.
A. The Director has determined that it is warranted that each company shall enter into
a Permit to operate at FAT and payment of all fees pursuant to Sections 22 and
23 of these rules and regulations.
1. Provider Fees will be collected by Airport staff upon the successful
passing of the initial vehicle inspection, and then annually on each
July 1 St
2. TNC Fees are to be submitted on a monthly basis with required
reports as stated in the TNC Operating Permit.
B. Airport Administration shall issue permits and decals. Permits shall have terms and
conditions as the Director determines to be necessary for the protection of the
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safety, convenience, and welfare of the City and the general public. All providers
must provide all information required by the Director, including, but not limited to,
the following information:
1. Provider's name, street and mailing address, telephone and fax
numbers, e-mail address (if available), and a copy of the applicant's
driver's license.
2. Business/operating name, if different than Provider's name.
3. Type of ground transportation business as described in Chapter 5,
Article 4, of the Fresno Municipal Code.
4. For each vehicle to be permitted, a copy of the current vehicle DMV
registration, the vehicle description, license number, year, make,
body type, and number of passenger seats
5. Detailed and complete description of the ground
transportation service(s) to be provided, including primary
service area.
6. Copy of applicable approvals (e.g. TCP/PSC certificate or City
taxicab permit) for each vehicle to be permitted.
7. If Provider is seeking permission for multiple drivers under
his/her supervision to provide ground transportation service
applicant must provide a current roster of Drivers under
provider's direct supervision together with a copy of each
driver's license.
8. No ground transportation driver other than those individually
granted ground transportation badges may use a Vehicle
Identification Decal at FAT.
9. Insurance declaration sheet evidencing current and valid
insurance in the amounts and types set forth in these Rules
and Regulations.
SECTION 20— GROUND TRANSPORTATION FEES
20.1 FEES. These fees are listed in the Master Fee Schedule for the City of Fresno
and can be updated from time to time.
20.2 PAYMENT OF TRIP FEES. Payment of Airport use fees shall be made in
accordance with the following procedures:
A. TNC Payments shall be made on a monthly basis consistent with the
provisions of the operating agreement.
B. Transportation Providers as defined in the CPUC and in this agreement shall
be paid annually, in full, on the anniversary of their Permit.
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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.Z
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
I. 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.z
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 Opportunity'
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
Construction'
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.'
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.'
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).'
I. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor(Federal and Federally-assisted contracting requirements).'
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.','
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.'
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)
' These laws do not apply to airport planning sponsors.
These laws do not apply to private sponsors.
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.pom/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.
Airport Sponsor Assurances 5/2022 Page 18 of 19
DocuSign Envelope ID:3A35AOA2-ABC2-4520-A997-ABE5CBF8DB39
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.
Airport Sponsor Assurances 5/2022 Page 19 of 19
DocuSign Envelope ID:3A35AOA2-ABC2-4520-A997-ABE5CBF8DB39
EXHIBIT «c„
DocuSign Envelope ID:3A35AOA2-ABC2-4520-A997-ABE5CBF8DB39
Exhibit "C"
DISCLOSURE OF CONFLICT OF INTEREST
Ground Transportation Permit between City of Fresno ("Fresno")
So1jthwe,5t Adventure Tours LLC Pert-nittee )
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its n x❑
agents?
2 Do you represent any firm, organization or person who is in i l ❑x
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 El0
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 0
this Project?
* If the answer to any question is yes, please explain in full below.
Explanation: NA
Signature
4/4/2024
Date
Jason Murray
(name)
southwest Adventure Tours
(company)
382 E 650 5 Circle
(address)
Cedar City, UT 84720
1 Additional page(s) attached.
(city state zip)