HomeMy WebLinkAboutLyft - Non-Exclusive Transportation Network Company Airport Permit and Concession Agrmt at Fresno Yosemite International AirportFRESNO YOSEMITE INTERNATIONAL AIRPORT
NO N.EXCLUSIVE TRANSPORTATION NETWORK COMPANY
AIRPORT PERMIT AND CONCESSION AGREEMENT
BETWEEN
CITY OF FRESNO
AND
LYFT, INC.
A Delaware Gorporation
LYft - NON.EXCLUSIVE TRANSPORTATION NETWORK COMPANYAIRPORT PERMIT AND CONCESSION AGREEMENT
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Table of Contents
RECTTALS ...............4
AGREEMENT
ARTTCLE t- DEF|NIT|ONS ......... ...............5
ARTICLE II - PERMITTEE/CONCESSIONAIRE'S RIGHTS, PRIVILEGES ANDoBLtcATtoNS............. ......................8
Section 2.01: Representations and Covenants by the Permittee/Concessionaire....................g
Section 2.02 Permittee/Concessionaire's Rights, Privileges and Obligations .........................g
Section 2.03:TNC Vehicle Requirements............... ........................10
Section 2.04: Space
Section 2.05: City's Covenant Regarding More Favorable Terms ......................10
ARTTCLE ilt- TERM.. ...............10
Section 3.01: Term
ARTICLE IV - AIRPORT GEO-FENCE, TRACKING AND MANAGEMENT OF TNC
ACTtVtTtES AND TRANSACTTONS ....................11
Section 4.02:Airport Geo-Fence and Tracking. ........ ..... ...............11
Section 4.03: Data Collection and Storage ...................11
Section 4.04: TNC Fees Collection and Payment.... ........................11
ARTICLE V _ PERMIT FEE, TRIP FEES, CONCESSION FEES AND OTHERCHARGES ....................12
Section 5.01: Permit Fee ......................12
Section 5.02: Trip Fees ......................12
Section 5.03: Concession Fees.12
EXCEPTION OF CITY, AND
LYft - NON-EXCLUSIVE TRANSPORTATION NETWORK COMPANY AIRPORT PERMIT AND CONCESSION AGREEMENT
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Section 10.02: Airport Concession Disadvantaged Business Enterprise (ACDBE)Program ......................22
Section 10.03: Federal lmmigration Reform and ControlAct............. .................22
ARTTCLE Xt - MTSCELLANEOUS pROVtStONS............... ................22
Section 11.01: No Personal Liability ..........22
Section 11.02: Agreements with the United States........ ..................22
Section 11.03: Modifications for Granting FAA Funds .....................22
Section 11.04: Notices
Section
Section 11.06: Headings; Construction of Agreement; Gender.. ......23
Section 11.07: Force Majeure ............... .......................2g
section 11.08: Exclusiveness of Permittee/concessionaire's Rights ..................24
Section 1 1.09: Withholding Required Approvals.. .........24
Section 11.10: lnspection of City Records..... ...............24
Section 11.11: Successors and Assigns .......................24
Section 11.12: Accord and Satisfaction............ ............24
Section 11.13: Observation of Governmental Regulations.......... .......................24
Section '11.14: Governing Law and Venue ...................25
Section 11.15: Waiver ......................25
Section 11.16: Modification ......................25
Section 11.17: Severabilityof Provisions................. ........................26
Section 11.18: Conflicts of lnterest.. ..........26
Section 11.19: Entire Agreement........... .......................26
Section 11.20: Confidentiality.............. ......26
ARTICLE Xll: S|GNATURE......... ................28
LYft - NON-EXCLUSIVE TRANSPORTATION NETWORK COMPANY AIRPORT PERMIT AND CONCESSION AGREEMENT
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POR MPANY AIRPORT PERMIT AND'Asre ted as or RþfrlAVri,'Lú ,2016,sno, "City"), a rrurn¡c¡pãiGrporation oflnc., ion organized and existing under the laws of the
state of Delaware ("Permittee" or "Concessionaire" or "Designated TNC").
RECITALS
WHEREAS, City owns, controls, operates and maintains through the Department of Airports a
municipal airport known as Fresno Yosemite lnternational Airport, in the City and County of
Fresno, California ("Airport"), with the power to grant rights and privileges with respect thereto;
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, whiðh are
incurred to provide the infrastructure, facilities and air service which make up the terminal area
market;and
WHEREAS, The California Public Utilities Commission ("CPUC) has promulgated rules and
regulations regarding licensing and operation of Transportation Network Companies ("TNCs"),
of which Permittee/Concessionaire is one; and
WHEREAS, the CPUC has prohibited TNCs from operating at airports unless the airport has
authorized such TNC to do so by permit and agreement; and
WHEREAS, TNCs operate through a computer application-based business model which
enables TNCs to communicate and conduct business remotely with potential customers while
they are still in the terminal; and
WHEREAS, the TNC business model enables it to provide a broad range of current and future
branded services beyond those pertaining to commercial ground transportation, which may
conflict with existing concession agreements and unfairly compete with those concessions
which have made significant capital investments on the airport premises, requiring the City to
control the services and products offered within the terminal market in order to protec{ its
contractualobligations to concessionaires, as well as its own revenue generation ability; and
WHEREAS, the computer application business model is based on technology which City has no
direct experience with in the airport business environment, and therefore, City wishes to gain
experience at no cost risk to either party, so a fair and reasonable rates and charges structure
can be negotiated in a subsequent new agreement with an appropriate rates and charges
structure; and
WHEREAS, the parties desire to enter into an Agreement for the operation by
Permittee/Concessionaire of a non-exclusive Transportation Network Company at the Airport at
no cost under the term of this agreement.
NOW, THEREFORE, for and in consideration of the privileges, premises, mutual covenants and
agreements herein contained, City and Permittee/Concessionaire agree, for themselves, their
successors and assigns, as follows:
Lvft - NON-EXCLUSIVE TRANSPORTATION NETWOR:""?H^-"
^'RpORr
pERMtr AND CONCESSTON AGREEMENT
AGREEMENT
ARTICLE I. DEFINITIONS
The following terms and phrases shall have the following meanings for purposes of this
Agreement:
A. Aqreement. Means this Non-Exclusive Transportation Network Company Permit and
concession Agreement between Permittee/concessionaire and city.
B. Aqreement Year. Means the Agreement Year or any subsequent 12 month renewal
term of this Agreement.
C. Airport. Means the Fresno Yosemite lnternational Airport, as it currently exists or as it
may exist in the future throughout the Term of this Agreement.
D. 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. CPUC. Means California Public Utilities Commission, which regulates and licenses
transportation providers in California, including TNCs.
F. City. Means the City of Fresno, California, owner of Airport.
G. DBE. Means Disadvantaged Business Enterprise as defined by the FAA.
H. Deoartment. Means City's Airports Department.
L Director. Means the Director of Aviation for the City of Fresno or his/her designated
representative.
J. Effective Date. Means the date on which both 1) this Agreement is duly signed by
bolh parties; and 2) any City Council action/resolution approving this Agreement is
effective.
K. FAA. Means the Federal Aviation Administration of the U.S. Department of
Transportation.
L. Fiscal Year. Means the City's fiscal year beginning July 1 and ending June 30 each
year.
M. 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{o-time)
which delineates the area within which Permittee/Concessionaire must operate under
this Agreement.
N. Gross Receipts. Means all revenue directly resulting from the rights and privileges
granted by this Agreement in any manner by Permittee/Concessionaire and whether
LYft - NON-EXCLUSIVE TRANSPORTATION NETWORK COMPANY AIRPORT PERMIT AND CONCESSION AGREEMENT
for cash, credit or other things of value (subject to such exclusions, and only to such
exclusions, as are specifically set forth below.)
Gross Receipts shall include the aggregate amount of all sales made and services
performed for which a charge is made or credit allowed, of every kind, name and
nature, regardless of when or whether paid or not, together with the aggregate amount
of all property, goods, wares, merchandise, services or other things ói value taken in
exchange or trade, as if the sale had been made for cash, or at the fair and reasonable
value thereof, whichever is greater.
Notwithstanding the above, it is agreed that the following items, and only the following
items, may be excluded from Gross Receipts:
1. Amount of any sales taxes collected from the purchaser which is separately
stated at time of sale on Permittee/Concessionaire's invoice, but not including
any income, property, or possessory interest taxes.
2. Amount of any adjustments to Gross Receipts authorized elsewhere in this
Agreement.
It is understood and agreed that the intent of the parties hereto is that the term "Gross
Receipts" shall be all inclusive, except for those items specifically excluded above.
lnitial Aqreement Year. Means a period during the Term beginning on the Effective
Date and ending 12 months thereafter.
Minimum Annual Guarantee (MAG). Means the minimum concession fee amount as
described and defined in this Agreement; sometimes referred to as the MAG.
Mobile App./Mobile Application. Means the computer application for mobile devices
used by Permittee/Concessionaire to conduct its business model as a CPUC-licensed
TNC.
Party. Means each of the City and Permittee/Concessionaire.
Past Due lnterest. 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 (1Oth) business day afterthe date
such amount is due and owing and continuing until such amount is paid to the City.
Permittee/Concessionaire. Means the TNC which is Party to this Non-Exclusive
Transportation Network Company Perm iVConcession Ag reement.
Securitv Deposit. Means the deposit as defined and described in Section 5.08 of this
Agreement.
Term. Means the term of this Agreement.
Terminal Buildinq. Means the passengerterminal building atthe Airport and any
additional buildings that may be constructed, serving the airlines, together with t-he
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adjacent curbs, parking and staging areas and roadways, as now exist or as may
hereafter be reconstructed, modified, changed or developed.
Termination Date. Means the date that this Agreement expires.
TNC Application Driver ldentification. Means a form of identification assigned to each
authorized TNC Driver using Permittee/Concessionaire's computer based application.
TNC Driver. An individualwho has been approved by the Designated TNC to transport
passengers using the Designated TNC's onlinecnabled application where such driveris within the Airport Geo-Fence by reason of the driver's relationship with the
Designated TNC, regardless of whether the driver is carrying a passenger.
AA. TNC Vehicle. Means a vehicle operated by the TNC Driver when providing TNC
Services.
BB. TNC Vehicle Trade Dress/ Trade Dress. Means distinctive signage or display on
the vehicle when providing TNC 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 Designated TNC. 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.
CC. TNC Services. Means the provision of ground transportation services by computer
application-based networks of drivers to customers possessing the company's mobile
application.
DD. Trackinq and Manaqement 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 TNCs to, on, or from the
Airport, and to invoice and collect fees.
EE. Trackinq and Manaqement Service Contract. Means City's agreement with with
Tracking and Management Service, as stated in subs ction (DD), above and attached
as Exhibit "8" which will be entered into by Airport on or around the date hereof, as
may be updated from time to time.
FF. Transportation Network Companv or TNC. Means a company that uses computer
application-based networks of drivers to provide ground transportation services for
customers possessing the company's mobile application as its primary business model
of providing commercial services.
GG. Triqqerinq Events. Has the meaning set forth in Section 4.02 hereof.
HH. Trip Fee. Has the meaning set forth in Section 5.02 hereof.
ll. TSA. Means the Transportation Security Administration of the U.S. Department of
Homeland Security.
LYft - NON-EXCLUSIVE TRANSPORTATION NETWORK COMPANY AIRPORT PERMIT AND CONCESSION AGREEMENT
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Y.
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JJ. Wayb¡ll. Means the prearranged reservation made between passenger and TNC
Driver on the TNC Application.
ARTICLE II - PERMITTEVCONCESSIONAIRE'S RIGHTS, PRIVILEGES AND
OBLIGATIONS
Section 2.01: Representations and Covenants by the Permittee/Concessionaire
The company hereby makes the following representations and covenants:
The Company is a Corporation in good standing in the State of Delaware, is duly qualified ingood standing to do business in/under the laws of the State of California, is not iñ 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 Agreement and to consummate all transactiois
contemplated hereby and by proper action has duly authorized the execution and delivery of this
Agreement.
section 2.02: Permittee/concessionaire's Rights, privileges and obligations
A. Rights and Privileges Granted.
Subject to such terms, covenants, conditions, reservations, limitations, and restrictions as
are herein provided, City hereby grants to Permittee/Concessionaire the non-exclusive
right and privilege to access and use the Airport roadway system within the Airport's Geo-
Fence for purposes of conducting commercial ground transportation operations for
passengers and other users of the Airport using Permittee/Concessionaire's Mobile App.
B. Expansion of Rights and Privileges Considered.
City may consider requests by Permittee/Concessionaire to expand its rights and
privileges to include other related activities involving Permittee/Concessionairets Mobile
App. City's consideration of such request will include the best interests of the City and its
obligations under its other concession agreements, leases and contracts, as weil as the
appropriate business terms for agreeing to Permittee/Concessionaire's request. Such
business terms may include compensation by a fee structure or a concession MAG and
Percent of Gross Revenue structure. Any expansion of rights and privileges the City
grants shall be implemented only by written amendment to this Agreement and not
verbally.
C. Prohibited Uses/Activities/Conduct.
1. unless expressly permitted by amendment to this Agreement,
Permittee/Concessionaire is expressly prohibited from providing any services or
merchandise using its Mobile App or any other means, on the Airport or from inside of
a TNC Vehicle, or in any other manner, except for the rights and privileges granted in
Section 2.02 A. above.
2. The following activities are prohibited while operating underthis Permit:
LYft - NON-EXCLUSIVE TRANSPORTATION NETWORK COMPANY AIRPORT PERMIT AND CONCESSION AGREEMENT
Violating any term or obligation found in the Permit.
Picking up or dropping off passengers or their baggage at any location other
than those designated for such purpose.
Leaving the TNC Vehicle unattended.
operating on Airport property without an activated rNC Application or TNC
Vehicle Trade Dress.
e. Waiting for a passenger match while on Airport property, including but not
limited to Airport parking lots, free waiting area, parking structures, gas
station or commercial hold lots.f. Solicitation of passengers on Airport Property without a prearranged Waybill.g. Failing to operate a vehicle in a safe manner as required by the California
Vehicle Code.
h. Any attempt to bypass the TNC Application.i. Soliciting cash payments.j. Operating a vehicle which is not in a safe mechanical condition or which lacks
mandatory safety equipment as defined in the California Vehicle Code.k. 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
othenruise provided by contract or permit with the City of Fresno.
D. OperatingRequirements.
1. This Permit authorizes Permittee/Concessionaire's provision of TNC Services to
passengers at Airport.
2. Failure to comply with Permit terms or the Rules and Regulations as detailed in
Exhibit A, attached hereto and incorporated by this reference, may be prosecuted as
a misdemeanor and may result in citation, fine and/or termination of this Permit.
3. Passenger drop-offs, in conjunction with provision of TNC Services, shall be made at
the locations identified in Exhibit A.
4. Passenger pick-ups, in conjunction with provision of TNC Services, shall be made at
the locations identified in Exhibit A.
5. All TNC 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.
6. TNC Applications shall be activated at all times while providing TNC Services on
Airport property.
7. Upon request from Airport staff or law enforcement, all TNC Drivers will immediately
comply with requests, including but not limited to, verifying proof of insurance, license
and registration, prearranged Waybill or confirmation that TNC Application is
activated.
8. TNC Drivers are prohibited from sharing a vehicle or TNC Application Driver
ldentification with unauthorized drivers
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a.
b.
c.
d.
9. Permittee/Concessionaire's approved operation at Airport is limited solely topassenger pick-up and passenger drop-off on a non-exclusive basis.
Permittee/Concessionaire 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{o-time. All of
Permittee/Concessionaire's operations shall be in accordance with the laws of the
federal government and the State of California, the ordinances, rules, regulations andprocedures 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 2.03: TNC Vehicle Requirements
1. TNC Vehicles must be in compliance with all current California Public Utilities
Commission rules and regulations governing TNCs as well as the Airport Ground
Transportation Rules and Regulations.
2. TNC Vehicle Trade Dress must be applied at all times while providing TNC Serviceson Airport property. Prior to commencement of operation under this permit,
Permittee/concessionaire shall provide city with a photograph of
Permittee/Concessionaire's TNC Vehicle Trade Dress along with a description of the
designated TNC Vehicle Trade Dress location on the TNC Vehicles. Trade dress
shall include but not be limited to symbols and/or signs on vehicle doors, windows,
roofs, and/or grill. Magnetic removable TNC Vehicle Trade Dress is acceptable. TNC
Vehicle Trade Dress and location must be approved by the Director. TNC Vehicle
Trade Dress shall be visible within fifty (50) feet.
Section 2.04: Space
This Permit does not allow Permittee/Concessionaire to possess any portion of Airport property
or rent any space for Permittee/Concessionaire's operation.
Section 2.05: City's Covenant Regarding More Favorable Terms
During the Term, or during any period of holding over by Permittee/Concessionaire pursuant to
the provisions hereof, City shall neither enter into any TNC PermiVConcession Agreement with
any other TNC, nor amend, change, supplement, or otherwise modify, in writing or otherwise,
any such agreement in any manner whatsoever, so as to result in any suci agreement's
containing any terms, conditions, agreements, or provisions which shall be more favorable to
such Permittee/Concessionaire than those herein set forth.
ARTICLE III- TERM
Section 3.01: Term
This Agreement shall have a Term of one (1) year and begin on (date) and terminate on (date).
This Agreement shall automatically be renewed annually for a period of twelve (12) monthé,
subject to earlier termination with or without cause by either Party giving sixty (OO¡ Oays
advance written notice to the other Party.
Lvft - NON-EXcLUSIvE TRANSPoRTAÏoN NErwoRTo"SSJN" o'RpoRr pERMtr AND cONcEsstoN AGREEMENT
ARTICLE IV _ AIRPORT GEO.FENCE, TRACKING AND MANAGEMENT OF TNC
ACTIVITIES AND TRANSACTIONS
Section 4.01: [Reserved]
Section 4.02: Airport Geo-Fence and Tracking
Until June 30, 2016, or such earlier time as agreed in a writing signed by both Parties,,
Permittee/Concessionaire shall establish and maintain the Airport Geo-Fence and self-report toCity in order to manage, track and monitor the provision of TNC Services by
Permittee/Concessionaire to, on, or from the Airport. The exact data to be collected is
described in Section 4.03.
Following June 30, 2016,or such earliertime as agreed in a writing signed by both Parties, the
Tracking and Management Service shall manage, track and monitor the provision of TNC
Services by Permittee/Concessionaire to, on, or from the Airport, as shall be further detailed in
the Tracking and Management Service Agreement. The exact data to be collected is describedin Section 4.03. Airport shall provide a copy of the Tracking and Management Service
Agreement following its execution.
Section 4.03: Data Collection and Storage
A. Data Collection and Storaqe. For each TNC Driver, the Tracking and Management
Service or the Permittee/Concessionaire, as applicable under provisions of Section
4.02, shall obtain the "Required Data" upon each of the "Triggering Events" (each
term as defined below).
1. Required Data:
a. Transaction type (i.e., entry, exit, drop-off, pick-up);
b. TNC identification;
Date;
Time;
Geographical location ;
Unique driver identifier;
Vehicle license plate number; and
Number of active rides in the vehicle following the triggering event
(based on a value of "0" (no active rides) or "1" (active ride)).
2. Triqqerinq Events:
a. Upon entry into the Geo-Fence;
b. Upon completion of a passenger drop-off within the Geo-Fence;c. Upon pick-up of a passenger within the Geo-Fence; andd. Upon exit of the Geo-Fence
Section 4.04: TNC Fees Collection and Payment
A. Until June 30,2016, or such earlier time as agreed in a writing signed by both
Parties, Permittee/Concessionaire shall pay City for the fees owed under the
Airport's PermiUConcession Agreement for each calendar month ("TNC Permit
Fees"). Permittee/Concessionaire shall preparea monthly report (for the preceding
calendar month) and submitted by Permittee/Concessionaire with sufficient
Lvft - NoN-EXcLUSIvE rRANSPoRrArloN *.t*o*Tl3#JNY ArRPoRr pERMrr AND coNcEsStoN AGREEMENT
c.
d.
e.
f.
g.
h.
timeliness so as to be received by City not later than the twenty-fifth (25th) calendar
day following the end of the month for which the report is being submitted. All such
monthly reports shall be accompanied by Permittee/Concessionaire's payment in
full, of any and all fees due to be paid to City for the month to which the report
pertains (all Checks to be made payable to "City of Fresno"). Such TNC PermitFees shall be consistent with the Required Data collected by
Permittee/Concessionaire for such month per Section 4.03.
B. rlier time as agreed in a writing signed by both
ent Service shall assume invoicing and billing
rocedures for billing and collection with each
Airport's TNC PermiVConcession Agreement.
Such billing and collection procedures shall provide the following minimum time
periods for billing: Within fifteen (15) days of the close of each calendar month, the
Tracking and Management Service shall invoice each Designated TNC for the TNC
Permit Fees for such calendar month, which TNC Permit Fees shall be consistent with
the Required Data received by the Tracking and Management Service for such monthper Section 4.0?. - Payment shall be due by the twenty-fifth (25th) calendar day
following the end of the month for which the fee is due.
ARTICLE V - PERMIT FEE, TRIP FEES, CONCESSION FEES AND OTHER CHARGES
Section 5.01: Permit Fee
Permittee/Concessionaire shall pay to the City a one-time Permit Fee in the amount of WAIVED
($0) payable upon execution of the PermiVConcession agreement.
Section 5.02: Trip Fees
Permittee/Concessionaire shall pay to the City a Trip Fee for each passenger pick up and/or
drop off in the amount of WAIVED, ZERO Dollars ($0.00¡ during the term of this agreement.
Section 5.03: Concession Fees
Concession Fees will be implemented by amendment to this Agreement at such time as it may
become needed for future Permittee/Concessionaire requested expansion of rights anãprivileges. Such Concession Fees may include a MAG or Percentage Concession Fèes. For
avoidance of doubt, no concession Fees are due under this Agreement.
Section 5.04: Late/l,Jnpaid Fees
All fees and charges to City hereunder will bear a reasonable service charge per month equal to
the Past Due lnterest if not paid to and received by City within ten (10) business days following
the due date. Permittee/Concessionaire shall pay and discharge all reasonable costs and
expenses, including reasonable attorneys'fees, incurred or expended by City in the collection of
delinquent amounts due.
Section 5.05: Additional Fees and Charges
Permittee/Concessionaire shall pay additional fees and charges only under the following
conditions:
Lvft - NoN-EXcLUslvE TRANSPORTAT|oN t=*o*Tr"SrTJNy ArRpoRr pERMtr AND CONcESStoN AGREEMENT
A. lf City has paid any sum or sums, or has incurred any obligation or expense, which
Permittee/Concessionaire has agreed to pay to, orto reimburse the City; or
B. lf City is required or elects to pay any sum or sums, or incur any obligation or expense,
because of Concessionaire's failure, neglect or refusal to pefform or fulfill any
condition of this Agreement.
C. Any payment of the above-described additional fees and charges shall include all
interest, costs, damages and penalties incurred in connection with said fees and
charges and may be added to any installment of future fees and charges due
hereunder. Each and every part of such payment shall be recoverable by City in the
same manner and with like remedies as if it were originally a part of the fees or other
charge set forth herein.
Section 5.06: Security Deposit
A. ln order to guarantee the timely payment of any fees and charges due pursuant to this
Agreement, Permittee/Concessionaire must remit to the City within ten (10) business
days prior to the Effective Date, a Security Deposit in the amount of ZERO ($0.00¡.
The Security Deposit must be in the form of (i) a payment bond or an irrevocable letter
of credit, renewable annually, from an insurer or bank reasonably acceptable to the
City, (ii) cash or (iii) such other form of security as the City may deem reasonably
acceptable.
B. At any time that any of the fees or charges owed by Permittee/Concessionaire, or any
other amounts due hereunder, are more than thirty (30) days past due, the City, upon
written notice to Permittee/Concessionaire, will be entitled to apply all or any portion of
the Security Deposit to the payment of such unpaid amounts, including any reasonable
costs the City incurs in collecting the amounts it is owed. ln any such event,
Permittee/Concessionaire must again meet the Security Deposit requirements set forth
above within seven (7) business days from its receipt of such written notice.
Section 5.07: Place and Manner of Payments
Permittee/Concessionaire shall
to:
make payment in legal tender of the United States of America
[City of Fresno - Airports Department
Attn. : Revenue Accounting
4995 E. Clinton Way
Fresno, CA 937271
Section 5.08: Retention of Records
ln the event Permittee/Concessionaire requests and receives Amendment to this Agreement to
expand the rights and privileges to include other concession activities, and upon
commencement of the Term, Permittee/Concessionaire agrees that it will make available to the
City within thirty (30) business days of written notice, the books and records of accounts of
Permittee/Concessionaire for the last three twelve-month periods completed operations and the
current Agreement Year, showing the information required under this Article lV or other similar
Article(s) contained in any previous agreement(s), relating to business conducted at the Airport,
LYft - NON-EXCLUSIVE TRANSPORTATION NETWORK COMPANY AIRPORT PERMIT AND CONCESSION AGREEMENT
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the deductions there from, and other pertinent information required by the provisions of thisArticle or other similar Articles contained in such previous agreement.
Permittee/Concessionaire's obligation to retain such books and records is limited to [ne extentrequired under this Agreement, and/or previous agreement(s), until the
Permittee/Concessionaire 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/Concessionãire withthe terms of this Agreement, and/or previous agreement. At the City's request,
Permittee/Concessionaire will pay for the copying and delivery of all records and books
requested by the City. ln the event the City determines that the auditors need to travel to the
Permittee/Concessionaire's location where the books and records are kept,
Permittee/Concessionaire will pay for the reasonable and customary travel and other incidenial
costs incurred by the City's auditors.
Section 5.09: lndependent Certified Public Accountants
Wherever the statement of an lndependent Certified Public Accountant is required, the parties
agree that said CPA must not be an employee or agent of Permittee/Concessionaire.
Section 5.10: Gity's Right to Audit Statements and Reports
City shall have the right to audit the statements and reports reflecting
Permittee/Concessionaire's obligations under this Agreement. The cost of audit shall be bornãby City; unless the audit reveals an underpayment of TNC Permit Fees by
Permittee/Concessionaire of five percent (5%) or greater, or if the audit reveals that thé
condition of the Permittee/Concessionaire's records is such that the revenue due City cannot
reasonably be properly determined. ln the event of either condition described abôve, the
reasonable cost of the audit, including any applicable travel costs, must be borne by the
Permittee/Concessionaire and must be paid within five business days of receipt of an invoiðe.
Section 5.11 : Taxes and Assessments
ln addition to the fees and charges set forth herein, Permittee/Concessionaire shall pay, as and
when due, but not later than fifteen (15) calendar days prior to the delinquency date théreof anyand all taxes and general and special assessments of any and all types or descriptioni
whatsoever which, at any time and from time to time during the life hereof, may be levied upon
or assessed aga inst Permittee/Concessionaire.
Nothing within this Section shall be deemed to limit any of Permittee/Concessionaire's rights to
appeal any such levies and/or assessments in accordance with the rules, regulations, laws,
statutes, or ordinances governing the appeal process of the taxing authority(ies) making such
levies and/or assessments. Upon receipt of notice that any such taxes or general and ıpecial
assessments are due, Airport shall provide timely notice to Permittee/Concessionaire.
Section 5.12: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 eighteen percent (18o/o) per year calculated on a daily basis at the
rate of five-hundredths of a percent (0.05%) per day from the due date until paid in full, or the
maximum rate allowed by law.
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Section 5.13: City Held Harmless
Permittee/Concessionaire agrees to protect and hold harmless City, from any and all such taxes
and assessments provided in Section 5.11, including any and all interest, penalties and other
expenses which may be imposed thereby or result therefrom, and from any lien therefore or
sale or other proceedings to enforce payment thereof.
Section 5.14: Permittee/Goncessionaire's Right to Appeal
Nothing within this section of this article shall be deemed to limit any of
Permittee/Concessionaire's rights to appeal any such levies and/or assessments in accordance
with the rules, regulations, laws, statutes or ordinances governing the appeal process of the
taxing authority(ies) making such levies and/or assessments.
ARTTCLE Vr- IRESERVEDI
ARTICLE VII. INDEMNIFICATION, EXCEPTION OF CITY, AND INSURANCE
Section 7.01 : lndemnification
Permittee/Concessionaire 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, noiices,
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)1, or any one,
more or all of these, of any nature whatsoever, arising or allegedly arising, direcfly or indirec¡y,out of, as a result of, or incident to, or in any way ðonnected with: tilPermittee/Concessionaire's occupancy(ies) and/or use(s) of any part or all of the n¡rport; i2iPermittee/Concessionaire's exercise of any one, more or all of the rights and privileges hereingranted; (3) any breach or default in the performance of any' obligãtion on
Permittee/Concessionaire's part to be performed under the terms of this Agreement; and/or (4)
any act(s) or omission(s) on the part of Permittee/Concessionaire and/or any office(s), agent(sf,
employee(s) or contracto(s),of Permittee/Concessionaire during the Term, except fãr any
claims, judgments, fines, penalties, forfeitures, damages, demañds, liabilities, suits, notices,
costs and expenses, or any of these, caused r olely by the gross negligence or by the willful
misconduct of City or any of its officials, officers, or employees acting within the scôpe of theirduties for City. The forgoing indemnification obligation is subjeót to the City providing
Permittee/Concessionaire with: (1) written notice of any claim subject to indemnificatioñ
hereunder; (2) sole control over the defense and settlement of each such claim (provided that
Permittee/Concessionaire will not settle or compromise any claim without the writtän consent ofthe City); and (3) reasonable cooperation, at Permittee/Concessionaire'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.
Perm shall conduct all defenses at no cost or expense to the City. Cityshall costs and attorney's fees incurred by City in enforcing this obigation.
This i to all claims and liability regardless of whether any inéurance pãlicies
are applicable. The policy limits do not act as a limitation upon the amount òf indemnification to
be provided by Permittee/Concessionaire. Approval or purchase of any insurance contracts or
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policies shall in no way relieve from liability nor limit the liability of Permittee/Concessionaire 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 7.02: Exemption of City
Permittee/Concessionaire hereby specifically warrants, covenants and agrees that City shall not
be liable for injury to Permittee/Concessionaire's business or any loss of income thereirom or fordamage to the goods, wares, merchandise or other property located in, upon or about theAirport under authority hereof, whether belonging to Permittee/Conces'sionaire, or any
employee, agent, contractor, sub-contractor, tenant, sub-lessee of Permittee/Concessionaire, orany other person whomsoever. The City shall not be liable for any injury to the person of
Permittee/Concessionaire or Permittee/Concessionaire's employees, agents, contractors, sub-
contractors, tenants, sub-lessees, customers, or invitees, whether or no1 said damage or injuryis caused by or results from fire, steam, electricity, gas, water or rain, or from tne leat<ãge,
breakage, obstruction or other defects of pipe s, sprinklers, wires, appliances, plumbing, ãir
conditioning or lighting fixtures, or from any other cause, whether or not the said damale orinjury results from conditions arising in or on any part or all of the Airport or in or on any ıf me
improvements/ facilities appurtenant thereto located therein or thereon, or from other sources orplaces, and regardless of whether or not the cause of such damage or injury or the means ofrepairing the same is inaccessible to Permittee/Concessionaire. PãrmitteeTCóncessionaire alsocovenants 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 appty anO shall in no wayrelieve the City from any liability, claims, judgments, fines, penalties, fórfeitures, damagej,
demands, liabilities, suits, notices, costs and expenses, or any of these, caused solely by-thegross 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 7.03: lnsurance
Permittee/Concessionaire shall, at Permittee/Concessionaire'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-A/ll" in Bests lnsurance Rating Guide, or (ii) authorized by City's RiskManager or his/her designee. The following polices of insurance are requireâ 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 lnsurance Services Office (lSO) form CG O0 01 and shallinclude insurance for "bodily injury", "property damage" and ,,personal and
advertising injury", including premises and operation, þroducts and completed
operations and contractual liability (including, without limitation, indemnity
obligations under the Agreement) with limits of liability of not less thañ
$1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury
and property damage, $1,000,000 per occurrence for personal anO aOvêrtiéing
injury and $2,000,000 aggregate for products and completed operations.
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B. Commercial Automobile Liability insurance which shall be at least as broad as
the most current version of lnsurance Services Office (lSO) 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/Concessionaire shall be responsible for payment of any deductibles contained in any
insurance policies required hereunder and Permittee/Concessionaire shall also be responsiblô
for payment of any self-insured retentions.
The above-described policies of insurance shall be endorsed to provide an unrestricted thirty
(30) 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 (10) day written notiôe 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/Concessionaire 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/Concessionaire'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/Concessiónaire shall
furnish City with the certificate(s) and applicable endorsements for ALL required insurance prior
to City's execution of this Agreement at the following address:
City of Fresno - Airports Department
Attn.: Propertíes Division
4995 E. Clinton Way
Fresno, CA 93727
or to such other address as City may, from time to time, provide Permittee/Concessionaire in
writing during the Term.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
Permittee/Concessionaire shall have the right to provide the coverage specified in this Article bya program of self-insurance, which has been approved by the State of California.
Permittee/Concessionaire shall furnish City with a self-insured certificate of insurance and
applicable endorsements. Said certificate and applicable endorsements shall document that
Permittee/Concessionaire'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/Concessionaire shall also supply the name
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of Permittee/Concessionaire's excess insurance carrier at the time the certificate of self-insurance is supplied to City.
Section 7.04: Delivery to Director of Evidence of lnsurance
Permittee/Concessionaire must deliver, without request or demand, to the Director, a certificateof insurance and all applicable endorsements or other evidence of insurance coverage requiredby this Article in form and content satisfactory to City's Risk Manager or his/hei Oesignee.
Permittee/Concessionaire must update such evidence of insurance ñot less frequen¡y thanannually.
Section 7.05: Expiration of Insurance policy
Promptly following the expiration of any insurance policy required by this Article,
Permittee/Concessionaire must submit to the Director a certificate of insúrance and allapplicable endorsements showing that such insurance coverage has been renewed. lf suchcoverag , Permittee/Concessionaire, within five business days following
the date insurer of such cancellation or reduction in coverage, must filewith the insurance and all applicable endorsements showìng that therequired insurance has been reinstated or provided through another insurer or insurers.
Section 7.06: Adjustment of Claims
Permittee/Concessionaire must provide for the prompt and efficient handling of all claims forbodily injury, property damage or theft arising out of the activities of permittðe/Concessionaire
under this Agreement.
ARTICLE VIII . ASSIGNMENT
Section 8.0f : Assignment
During the Term, neither Party shall assign this Agreement to any other person or entity,whatsoever.
Section 8.02: Modification
Unless stated otherwise in this Agreement, no provision of this Agreement may be waived,modified or amended except by written amendment signed by city
"ndPermittee/Concessiona ire.
No act, conversation or communication with any officer, agent, or employee of City, either
before or after the execution of this Agreement, will affect or modify any ierm or terminãlogy ofthis Agreement and any such act, conversation or communication will not be binding upon ôityor Permittee/Concessionaire.
ARTICLE IX. DEFAULTS AND REMEDIES
Section 9.01: Default by City
City has no obligations to perform under this Agreement and therefore shall not be in default.
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Section 9.02: Default by Permittee/Concessionaire
A. Defaults: The occurrence of any of the following events shall constitute a material
default and breach of this agreement by permittee/concessionaire:
1. The failure by Permittee/Concessionaire to use the Airport for lawful purposes
only and/or failure by it to comply with or observe any statute, law, oidinance,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 còurt ofcompetent jurisdiction or where any such shall be admitted byPermittee/concessionaire in any proceeding brought againjt
Permittee/Concessionaire by any govern ment entity.
2. The inability of and/or failure of Permittee/Concessionaire to obtain, pay for, and
maintain in full force and effect at all times during the life of this Agreement,
without any lapse in coverage, such insurance as shall be required of
Permittee/Concessionaire hereunder.
3. The occurrence of any of the following:
(a) Permittee/Concessionaire'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/Concessionaire 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/concessionaire, the same is dismissed within sixty (60)
calendar days;
(c) The appointment of a receiver to take possession of substantially all of
Permittee/concessionaire's assets located in, on or about, the Airport, orof íts interest in this Agreement, where possession is not restored to
Permittee/Concessionaire within thirty (30) calendar days; or
(d) The attachment, execution or other judicial seizure of substantially all of
Permittee/concessionaire's assets located in, on or about the Airþort, orof Permittee/concessionaire's interest in this Agreement, where such
seizure is not discharged within thirty (30) calendar days.
4. The discovery by City that any financial statement provided to the City by
Permittee/Concessionaire was materially false.
5. Any attempted/purported assignment, of this Agreement, in whole or in part.
6. The failure by Permittee/Concessionaire to make any payment of TNC 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
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(10) days following service of notice thereof upon Permittee/Concessionaire by
City.
7 The failure of Permittee/Concessionaire to keep, observe, undertake, fulfill, orperform any of the material terms, covenants, conditions, warranties,
agreements, obligations, and/or provisions of this Agreement.
B. City's Remedies.
1. Termination. Upon the occurrence of any material default and
Permittee/Concessionaire's failure to cure such default within a reasonable
period of time, but in no event later than thirty (30) days after written notice isserved upon Permittee/Concessionaire by City specifying wherein
Permittee/Concessionaire has failed to perform any such obligatiónJand breach
of this Agreement by Permittee/Concessionaire as set forth within this Article,
above, City may then immediately, or at any time thereafter, terminate this
Agreement by service of a minimum of ten (10) days advance written notice to
such effect upon Permittee/Concessionaire and this Agreement shallterminate at
1 1:59:59 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).
3. Recovery. The amount of damages City may recover following such termination
of this Agreement shall include: Unpaid fees which had been éarned at the time
of termination of this Agreement.
Section9.03: AdditionalTerms
A. Other. ln the event Permittee/Concessionaire causes or threatens to cause a breach ofany of the covenants, terms or conditions contained in this Agreement, City shall be
entitled to obtain all sums held by Permittee/Concessionaire, 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 Agreement.
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 othenruise shall be cumulative and shall
not preclude City from exercising any other rights or from pursuing any other remediesprovided for in this Agreement or now or hereafter available to Cìty under the laws orjudicial decisions of the State of California.
C' lndemnification. Nothing contained within this Section of this Article affects the right of
City to indemnification by Permittee/Concessionaire, as herein provided, for liability a-rising
from personal injuries or property damage prior to the termination of this Agreement.
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ARTICLE X . NON.DISCRIMINATION
Section 10.01: Non-Discrimination
A. To the extent required by controlling federal, state and local law,
Permittee/Concessionaire 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 veteran of the Vietnam era. Subject to the foregoing and during the
performance of this Agreement, Permittee/Concessionaire agrees as follows:
1. Permittee/Concessionaire 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 pariicipation in, be
denied the benefits of, or be subject to discrimination under any program or activity
made possible by or resulting from this Agreement.
2. Permittee/Concessionaire 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/Concessionaire 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/Concessionaire's employment practices
including, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruítment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprentices-hip.
Permittee/Concessionaire agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provision of this
nondiscrimination clause.
3. Permittee/Concessionaire will, in all solicitations or advertisements for employees
placed by or on behalf of Permittee/Concessionaire 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/Concessionaire will send to each labor union or representative of workerswith which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers' representatives of
Permittee/Concessionaire's commitment under this section and shall post copies ofthe notice in conspicuous places available to employees and applicants for
employment.
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Section 10.02: Airport Concession Disadvantaged Business Enterprise (ACDBE)
Program
City has developed and maintains and Permittee/Concessionaire at all times hereunder shallcomply with the Disadvantaged Business Enterprise Concession Plan for the Airport inaccordance with U.S. Department of Transportation regulations 4g CFR part 23, Subpart F,which plan establishes policies and procedures designed to promote City's interest inestablishing Airport concession opportunities for Disadvantaged Business Enterprises and setslawful, realistic and reasonable goals therefore, as enforceabie in the Ninth Circuit.
Any questions concerning Disadvantaged Business Enterprise (DBE) issues should bedirected to DBE Program Coordinator, City of Fresno, Finance; 2600 Fresno St., Room2156; Fresno, cA 93721; Tetephone (ssg) 621-t 182 or Fax (559) 4gB-1069.
Section 10.03: Federal lmmigration Reform and Control Act
rt of any permit or concession on a City of Fresno property, every
ionaire who has employees who will work on a City of Fresnó property iiwith all of the provisions of the Federal lmmigration Reform and Control Act03, 100 Stat. 3359). This requirement includes compliance with all of theemployee documentation provisions. Furthermore, Permittee/Concessibnaire will make anyemployee documentation required to comply with such Act immediately available to City, upoñits request for each individual employee working on a city of Fresno property.
ARTICLE XI. MISCELLANEOUS PROVISIONS
Section 11.01: No Personal Liability
No Councilperson, Director, officer, employee or other agent of either party shall be personally
liable under or in connection with this Agreement.
Section 11.O2= Agreements with the United States
This Agreement is subject and subordinate to the provisions of any agreements heretoforemade between City and the United States relative to the operation, récuñty or maintenance ofthe Airport, the execution of which has been required as a condition precedónt to the transfer offederal rights or property to City for airport purposes, or to the expenditure of federal funds fordevelopment of the Airport, in accordance with the provisions of ihe Federal Aviation Act as ithas been amended from time to time. This may include rules and regulations promulgated bythe T-SA and/or Airport security plan/requirements including pursuant to 4g CFR part iS4Z, asmodified from time to time by legislative/regulatory action. These FAA Grant Assurances
attached hereto as Exhibit "C" are incorporated herein.
Section 11.03: Modifications for Granting FAA Funds
ln the event that the
.
FAA or TSA requires modifications or changes to this Agreement,Permittee/Concessionaire agrees to consent tr such amendments, modifications, ievisions,
supplements or deletions of any of the terms, conditions or requirements of this Agieement asreasonably may be required to enable City to obtain FAA funds.
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Section 11.04: Notices
A. All notices required to be served by City or Permittee/Concessionaire, one upon the
other, under the terms of this Agreement shall be in writing.
B. All notices or demands of any kind which City shall have cause to serve upon
Permittee/Concessionaire under the terms of this Agreement shall be served upon
Permittee/Concessionaire by mailing a copy thereof by certified or registered mail,
return receipt requested, to Permittee/Concessionaire at the address shown below or
to such other address as Permittee/Concessionaire may, from time to time, specify to
City in writing.
C. All notices or demands of any kind which Permittee/Concessionaire shall have cause
to serve upon City under the terms of this Agreement 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/Concessionaire in writing.
City of Fresno
Airports Department
4995 E. Clinton Way
Fresno, CA 93727
ln the event of any service of notice or demand by mail, as aforesaid, such
notice or demand shall be deemed to have been sufficienfly served as of
12:00:01 a.m., on the fourth (4th) calendar day following the date of depositin the united states mail of such certified or registered mail properly
addressed and postage prepaid.
Section 11.05:Amendments
This Agreement may be amended from time to time by written Amendment, duly authorized and
executed by representatives the parties hereto.
Section 11.06: Headings; Construction of Agreement; Gender
The headings of each Section of this Agreement are for reference only. Unless the context of
this Agreement clearly requires othen¡¡ise, 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 Agreement will
be held and construed to include any other gender.
Section 11.07: Force Majeure
Neither City nor Permittee/Concessionaire will be deemed in violation of this Agreement 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.
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section 1 1 .08: Exclusiveness of permittee/concessionaire's Rights
Nothing herein contained shall be deemed to grant to Permittee/Concessionaire 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 11.09: Withholding Required Approvals
Whenever the approval of City or Director or Permittee/Concessionaire is required herein, no
such approval shall be unreasonably conditioned, delayed or withheld.
Section 11.10: lnspection of Gity Records
Permittee/Concessionaire, at its expense and upon reasonable notice, shall have the right to
inspect the books, records and other data of CiÇ relating to the provisions and requirements
hereof, provided such inspection is made during regular business hours.
Section 11.1 1 : Successors and Assigns
Subject to the limitations on assignment contained herein, all of the terms, provisions,
covenants, stipulations, conditions and considerations in this Agreement shall extend to and
bind the legal representatives, successors and assigns of the respêctive parties hereto.
Section 11.12: Accord and Satisfaction
No payment by Permittee/Concessionaire or receipt by City of a lesser amount than the rent,fees and/or charges due to be made by Permittee/Concessionaire hereunder shall be deemedto 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 chargesshall be deemed an accord and satisfaction. City may accept such check or payment with-outprejudice to City's right to recover the balance of such rent, fees and/or chargeð or to pursue
any other remedy provided in this Agreement.
Section 11.13: 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/Concessionaire 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 (FM) (or such successor
agency{iesl 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 supplemeñtal functions,
powers and/or duties with respect to air transportation, aircraft, Airports, etc.), and such rulesand regulations shall not be inconsistent with the provisions of this Agreement or theprocedures prescribed and approved, from time to time, by the FAA witñ respect to the
operation of aircraft at the Airport. Permittee/Concessionaire agrees to observe, obey andabide by all such rules and regulations heretofore or hereafter aðopted or amended Ui City,including compliance with all FAA and Airport security rules, regulaiions and plans, inótuOing
any and all measures mandated by the FAA from time to time to provide incieased levels oJsecurity at Airport, and Permittee/Concessionaire shall be fully liable to City for any and allclaims, demands, damages, fines and/or penalties of any nature whatsoevår which may be
Lvft - NON-EXCLUSIVE TRANSPORTATION NETWORK4COMpANy AtRpoRT pERMtr AND CONCESSTON AGREEMENT
imposed upon City by the United States Government as a result of any unauthorized entry by
Permittee/Concessionaire, Permittee/Concessionaire's employees, agents, representatives,
servants, tenants, and/or sub-lessees, or vehicle operated by any of these or by a customer of
Permittee/Concessionaire, into any area of the Airport to which access by persoñs or vehicles is
restricted/controlled pursuant to FAA/A|rport Security Rules and Regulations.
Other Governmental Regulations: Permittee/Concessionaire shall, at all times during the Term,
observe, obey and comply with any and all laws, statutes, ordinances, codes, rules, iegulations,
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/Concessionaire's activities/ operations thereon and/or
therefrom, including, without limitation, any and all local business license and/or permit
requirements.
lncreased Levels of Security: ln the event City must provide for an increased level of security in
the areas occupied or used by any or all of the Permittee/Concessionaires as mandateO byine
Transportation Security Administration ("TSA"), the Permittee/Concessionaire agrees that the
City shall have the following options:
1. Require Permittee/Concessionaire 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. ln 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 11.14: Governing Law and Venue
This Agreement 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 State of California, Fresno
County judicial district.
Section 11.15: 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, covenani,
or condition of this Agreement 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 beperformed by Permittee/Concessionaire to which the same may apply and, until completeperformance by Permittee/Concessionaire of the term, covenant or condition, City shaìl be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
Section 11.16: Modification
Unless stated otherwise in this Agreement, no provision of this Agreement may be waived,
modified or amended except in writing and signed by both parties hereto.
LYft. NON-EXCLUSIVE TRANSPORTATION NETWORK COMPANY AIRPORT PERMIT AND CONCESSION AGREEMENT
25 of 28
Section 11.17= Severability of provisions
Except, as specifically provided in this Agreement, all of the provisions of this Agreement shallbe is Agreement is found by a couñ of competentjuri remaining provisions oi tn¡s Agreement shallbe visions of thls Agreement are so éssentially andins upon the invaliã provision(s) that it cannot bepresumed that the parties to this Agreement could have included the valid piovisions without theinvalid provìsion(s); or unless the court finds that the valid provisions, standing alone, areincapable of being performed in accordance with the intentions of the parties.
Section 11.18: Conflicts of lnterest
Permittee/Concessionaire certifies that no officer or employee of City has, or will have, a director interest in this Agreement, and that no officer or employee ofCit or employee's immediate family, either has negotiated, or hasor concerning employment to perform services on behalf ofPe Agreement.
Section 11.19: Entire Agreement
This Agreement, together with all documents referenced herein and exhibits attached hereto,constitutes the entire Agreement between the Parties. All other representations or statementsheretofore made, verbal or written, are merged herein.
Section 11.2O= Confidentiality
As used herei all confidential information disclosed by aparty ("Disclos e ing party"), whether orally or written, that isdesignated as h ld bè undeistood to be coñfidential given thenature of the of disclosure. Confidential lnformation shallinclude, but not be limited to, business and marketing plans, technology and technicalinformation, product plans and designs, and business processes discloseã by such party.However, Confidential lnformation shall not ilclude any information that (i) is or becomesgenerally known to the public without
was known to the Receiving Party pri
of any obligation owed to the Disclosi
of any obligation owed to the Disc
Receiving Party or (v) was disclosed with the
Except as otherwise permitted in writing by th
protect the Disclosing Party's Confidential lnfor
uses to protect the confidentiality of its own confidential information of like kind (but in no eventless than reasonable care), and shall not disclose or use any Confidential lnfòrmation of therpose of these Terms, and (ii) the Receiving partyential Disclosing party to those of its empioyeeé,o nee purposes consistent with these Terms andtiality h the Receiving party containing protections noless stringent than those herein. The Receiving Party may disılose bonfidentiã lnformation ofthe Disclosing Party if it is compelled by law to do so, prôvided the Receiving party gives theDisclosing Party prior notice of such comp_elled disclosure (to the extent tegail-y permilteo¡ anOreasonable assistance, at the Disclosing Party'; cost, if the Disclosing Part-y *¡str"s to contest
Lvft - NON-EXCLUSIVE TRANSPORTATION NETWORK6COìiIpÁNy AtRpoRT pERMtr AND CONCESSTON AGREEMENT
the disclosure. Except as expressly set forth herein, no license or other rights to Confidential
lnformation are granted-or implied hereby by either party. Upon termination of this Agreement,
each party shall, within fifteen (15) days promptly return or destroy the other party's Confidential
lnformation except as may be required for backup, disaster recovery or businesé continuity andin such case the obligations hereunder shall survive until such Confidential lnformation is
destroyed or returned. This provision shall survive any termination of this Agreement.
Section 11.21:Limitation on Damages
Notwithstanding anything in this Agreement to the contrary, in no event will either party be liable
to the other Party for any consequential, incidentalor specialdamages, or lost revenues or lostprofits.
ilt
ilt
ilt
LYft - NON.EXCLUSIVE TRANSPORTATION NETWORK COMPANY AIRPORT PERMIT AND CONCESSION AGREEMENT
27 o,Í 28
ARTICLE Xll: STGNATURE
IN WITNESS WHEREOF, the parties hereto, for themselves, their successors and
have executed this Agreement, the day and year first above written.
assrgns,
CITY OF FRESNO
a municipal corporation
Address for Notice:
City of Fresno
Airports Department
4995 E. Clinton Way
Fresno, CA93727
ATTEST:
Yvonne Spence, CMC
City Clerk
By:
L$ft, tr^..
corporation
By:
Name:
Title:
By:
Name:
Title:
, ress for Notice:-\/zkn
1r/\ c,.c { in¿Z-VCl,^gc1-r*.2
Llzvl¡1n
dba
in R. Meikle Tútq
Butiness ô
APPROVED AS TO FORM:
Douglas T. Sloan
Exhibit
Exhibit
Exhibit
Exhibit
A
B
c
D
Fresno Yosemite lnternational Airport Ground Transportation Rules and Regulations
Ir-"9fing and Management Service Agreement [Reserved]FAA Grant Assurances
Disclosure of Conflict of lnterest Form
LYft - NON-EXCLUSIVE TRANSPORTATION NETWORK COMPANY AIRPORT PERMIT AND CONCESSION AGREEMENT
28 of 28
Reserved for
Ground Transportation Rules and Regulations
EXHIBIT 'TA"
FRESNO YOSEMITE
INTERNATIONAL AIRPORT
Fresno Yosem ite lnternational Airport
Ground Transportation Rules and Regulations
R. Meikle, Director of Aviation
February 26,2016
Fresno Yosemite lnternational Airport
Ground Transportation Rules and Regulations
TABLE OF CONTENTSovERVtEW,.... ............3
PURPOSE ..................3
AUTHOR|TY ...... ................4
VIOLATIONS AND INTERPRETATION .................4
sEcTloN 1- DEFINITIONS. ,............5
SECTION 2 _ GROUND TRANSPORTATION VEHICLES.... .......7
SECTION 3 _ GROUND TRANSPORTATION DRIVERS. ...........8
SECTION 4 _ USE OF AIRPORT PREMISES. ......12
SECTTON 5-|NDEMN|FICATION.............. ......13
SECTION 6 _ GENERAL INSURANCE REQUIREMENTS. ......14
SECTION 7 - TRANSPORTATION NETWORK COMPANIES (TNCs), OR
AP PLI CATI ON-BASED COM M ERC IAL G ROU N D TRANS PO RTATI ON P ROVI DERS
(ABCT-PROVTDERS) ... ............16
SECTION B _ TAXICAB SERVICES. ............17
SECTION 9 - SPECIAL EVENT TRANSPORTATION. ......,..... .....18
SECTION 1O _ SCHEDULED OR ON-CALL VAN SERVICES PASSENGER STAGE
CORPoRATTONS (PSC). ............18
SECTION 1,I _ COURTESY VEHICLES ...........19
SECT|ON 12 - PUBLIC PARKING. ..... ..........19
SECTION 13 _ EMPLOYEE PARKING ..........20
SECTION 15 _ ON-AIRPORT RENT-A-CAR TENANTS. ..... ....20
SECTION 16_ MISCELLANEOUS SERVICE...... ......21
SECTION 17 - TRANSPORTATION CHARTER PARTY SERVICES. ......21
SECTION 1B _ PREARRANGED INTERSTATE GROUND TRANSPORTATION
SERV|CES............. ......21
SECTION 19 _ ENFORCEMENT .........22
SECTION 20 - GROUND TRANSPORTATION PERMITS, TRANSPONDERS AND
DECALS. .......i........ ........22
SECTION 21 _ AVI TRANSPONDER AND DECAL REQUIREMENT ........23
SECTION 22 _ FEE COLLECTION AND SCHEDULE........... ......23
SECTION 23 - TABLE OF GROUND TRANSPORTATION FEES (Trip Fees). ........24
MAp OF TERMINAL - GROUND TRANSPORTATION (EXISTING) ..........25
MAp OF TERMTNAL - GROUND TRANSPORTATTON (EFFECTIVE 71112016) .......26
Fresno Yosemite lnternational Airport
Ground Transportation Rules and Regulations
OVERVIEW
ln 2014, over 1 .4 million passengers and hundreds of tons of freight arrived and departed
Fresno at FAT. Each one of those arrived to, or deparled from the airpoÉ on some form
of ground transportation, whether it was personal vehicle, rental car, family/friend drop
offlpick up, taxi cab, hotel courtesy shuttle, public bus, limousine service or ride-share.
In addition, hundreds of airline, concession, Airpofts 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. Also, the businesses operating at the airport
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 cat lease and concession fees and other airport general revenues.
However, 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
the system, and especially those using the system for commercial purposes, 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
Airporl 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:
Category 1 Taxicab services
Category 2 Transportation Charter Party (TCP) carriers including limousines, SUVs,
vans, and buses
Category 3 Scheduled or on-callVan Services/Passenger Stage Corporation (PSC)
services
Category 4 Courtesy vehicles
Category 5 Nonprofit services including publicly owned transit
Category 6 Flight crew transport services
Category 7 Off-Airport parking
Category 8 Transportation Network Companies / Application-Based Commercial
Ground Transportation Providers
Category 9 Pre-arranged lnterstate Ground Transportation Services
Category '10 Delivery vehicles serving airport tenants
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
transponders, decals, permits and pay required fees.
AUTHORITY
The provisions set forth herein are promulgated under the authority of Arlicle 4 of the
Fresno Municipal Code (Adicle 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. ln any instance where there may be a conflict between these Rules
and Regulations and Article 4, AÍicle 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 Adicle 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
Transpodation or Transpodation 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.
lnterpretation
ln 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 I - DEFINITIONS.
There will be no exceptions to these definitions.
1.1 AIRPORTS. Means the City of Fresno Airporls Department.1.2 AIRPORT. Means FresnoYosemitelnternationalAirporl.
1.3 AIRPORT lD. Means an identification badge issued by the Airports Public Safety
Office pursuant to background, training and testing requirements established by
Airpods.
1.4 APPLIGATION-BASED COMMERCIAL GROUND TRANSPORTATTON (ABCT).
Means transportation to, on or from the Airport for compensation using an
online-enabled application ("app") or technology-based platform to connect
passengers with drivers.
1.5 APPLICATION-BASED COMMERCIAL GROUND TRANSPORTATION
PROVIDER (ABCT-PROVIDER). Means a business or entity that provides ABCT
services to, on or from one or more airports. This term and definition is used
interchangeably with the term "Transportation Network Company (TNC).1.6 APPLICATION.BASED COMMERCIAL GROUND TRANSPORTATION
OPERATING PERMIT (ABCT-PERMIT). Means a permit or other formal
arrangement between Airports and ABCT-PROVIDER which authorizes such
Provider to provide ground transportation services to, on or from Airport, as such
instrument may be amended from time to time.1.7 APPLICATION.BASED COMMERCIAL GROUND TRANSPORTATION
DRIVER (ABCT-DRIVER). Means an individual who has been approved by a
designated ABCT-Provider to transport passengers using its on-line enabled
application ("app").
1.8 APSO. Means Airports Public Safety Officer1.9 ARTICLE 4. Means Adicle 4 Airport Regulations, of the Fresno Municipal Code
1.10 CITY COUNCIL. Means the City Council of the City of Fresno.
1.11 GITY MANAGER. Means the City Manager of the City of Fresno.
1.12 CRUISING. Cruising means the unnecessary circling of the terminal area or
proceeding along indirect paths by a ground transportation vehicle or driver.
1.13 CURBSIDE AREA. Curbside area or terminal curbside area means that queuing
area adjacent to a terminal building where ground transportation vehicles are
authorized by the Director to stop to load and unload customers and baggage.
1.14 CUSTOMER. A customer means any person who arrives at or departs from the
Airport by means of any category of ground transportation service.
1.15 DIRECTOR. Director means the Director of Aviation for the City of Fresno or
h is/her desig nated representative.
1.16 DRIVERJGROUND TRANSPORTATION DRIVER. Means any person driving a
ground transpoftation vehicle, whether independently or for a ground
transportation service provider.
1.17 DWELL TIME. The period of time, as determined by the Director, that a
Commercial Ground Transportation Service vehicle may remain in designated
areas staged, waiting for customers.
1.18 GEO-FENCE. Means a polygon whose points are geographic coordinates on
Airpoft Property designated by the City (as may be amended by the City from
time-to-time), for the purpose of tracking the entrance to, and/or exit from Airport property
of ABCT-Drivers.
1.19 PROVIDER.
Categories 1-10.
As defined within Ground Transportation Service Providers
'1.20 ROADWAY ACCESS TRIP FEE (Reserved)
1.21 SOLICITATION. Solicitation means the uninvited initiation of a conversation by a
driver, representative, employee or agent of a ground transportation service with
any potential customer for the purpose of enticing or persuading said customer to
use any service or facilities provided by a ground transportation service.
1.21 SPECIAL EVENT TRANSPORTATION. Special event transportation means a
service provided by any ground transpoftation service which is not regularly
scheduled and requires the prior approval of the Director for the transport of
travelers to or for a specific event.
1.22 TRANSPORTATION NETWORK COMPANY OR TNC. Means a company that
uses computer application-based networks of drivers to provide ground
transportation services for customers possessing the company's mobile
application as its primary business model of providing commercial services. See
Subsection 1.5, Application-Based Commercial Ground Transpodation Provider.
1.23 TRIP. Trip means an entrance to or an exit from the Airport by an Airpod ground
transportation vehicle, as registered by the Automatic Vehicle ldentification (AVl)
system, Geo-Fence, or as otherwise recorded by the Airport or the Director.
1.24 VEHICLE AVI TRANSPONDER ("Transponder; AVI Transponder"). An
automatic vehicle identification transponder issued by the Director for the purpose
of automatically identifying and tracking ground transportation vehicles upon
Airport property.
1.25 VEHICLE IDENTIFICATION DECAL. 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.
'1,26 VEHICLE INSPEGTION. (Reserved)
1,27 WAYBILL. Waybill means a prearranged reservation made between passenger
and TNC Driver on the TNC Application.
2.1
SECTION 2 - GROUND TRANSPORTATION VEHICLES
2.3
GENERAL OPERATION OF GROUND TRANSPORTATION VEHICLE.
Every ground transpodation 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
transpodation services, including, but not limited to, those laws and regulations
requiring accommodation for persons with disabilities.
GROUND TRANSPORTATION VEHICLE REQUIREMENTS.
Each ground transportation vehicle operated on the Airport premises must:
A. Have the vehicle registration, where applicable, from the DMV within the vehicle
pursuant to California Vehicle Code (CVC) Section 4454;8. Display an unexpired
license plate of the appropriate type; C. Display, where applicable, the appropriate
California Public Utilities Commission (CPUC), lCC, 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 Section 6 below.
E. Display a vehicle fleet number where applicable in accordance with 4.03
General Order 157 CPUC;4.03 General Order158.
VEHICLE INSPECTIONS.
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.
2.4 VEHICLEAPPEARANCE.
2.2
2,5
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 ICC 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
c.
VEHICLE STANDARDS.
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.
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.
All vehicles shall be in compliance with all local, state and federal safety and
emission requirements.
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.
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.
"Minor" damage shall mean slight damage such as small dents, cracked glass, and
torn seats, etc.
"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.
"Major" damage shall mean damage to more than one-fourth of the vehicle; such
as, entire side rear end, etc.
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.
F.
I.
A
B.
D,
E.
H.
J.
SECTION 3 _ GROUND TRANSPORTATION DRIVERS.
3.1
3.2
3.3
3.4
H.
A.
B.
C.
D.
E,
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.
LAWFUL ORDERS. Drivers of ground transportation vehicles shall obey the
lawfuf 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.
DRIVER APPEARANCE. Drivers of ground transportation vehicles shall be clean
and neat in appearance.
DRIVER REQUIREMENTS. Every driver of a ground transportation vehicle shall
be:
ln possession of a duly issued Airport lD, except for TNC drivers;
ln possession of a valid state driver's license as required under the California
Vehicle Code;
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;
Responsible for knowing and understanding of the Airport Rules and Regulations;
Knowledgeable of local geography andior able to use maps, GPS or other similar
resources neoessary to efficiently transport passengers to desired locations within
Fresno and other local communities served by the airport.
Able to communicate with passengers.
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 othelwise 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.
Cooperative and communicative with Airport personnel. A driver shall not be
verbally abusive toward any Airpod representative or another ground
transportation rep resentative.
No driver shall be under the influence of alcohol or illegal substances while
operating ground transportation at Airports facilities.
BUSINESS CONDUGTED.
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 Code,
these Rules and Regulations, and in any applicable ground transportation permit
F.
G
3.5
A.
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 transporlation to its
passengers or any other persons upon the Airpod premises.
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. lf 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 REGEIPTS. All drivers of ground transportation vehicles with the
exception of coudesy vehicles and 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 ofÍered a receipt following
payment by that customer.
3.10 RATE SCHEDULE AND TIMETABLE INFORMATION. All ground transportation
services shalldisplay 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 I ntake Unit-Transportation Enforcement Section Consumer
Protection and Safety Division
505 Van Ness Aven ue, 2nd Floor
San Francisco, CA 94102-3298
1-800-894-9444
The CPUC website for complaints follows:
http: There is a
complaint form that is used to file complaints. lt 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.qov. The Intake Unit will be happy to answer any
questions complainants have about the complaint process.
3.12 CREDIT CARDS ACCEPTED. Allground 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 to anyone other than their ground transportation
customers.
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.
A.
B.
c
SECTION 4 _ USE OF AIRPORT PREMISES.
The following Rules and Regulations are applicable to all ground transportation
services:
4.1 PARKING AND STOPPING OF VEHIGLES. 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 otheruise 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 andlor 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:
Designating a parking time limit on any portion of the Airpod;
Designating any porlion of the Airport for specific uses (e.9., for the general public,
designated commercial passenger vehicles, a passenger loadingiunloading
zones, a freight loading zone, or for Airport vehicles only);
Designating any portion of the Airport as a NO STOPPING, NO WAITING, or NO
PARKING arca;
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,
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. ls 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 transpottation 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 transpodation permit. No ground transpodation
service shall use the roads, walkways, sidewalks, or otherAirport 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
Ground Transportation Provider shall hold Cíty 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 expeñ fees)1, 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 Transporlation Provider's
occupancy(ies) and/or use(s) of any part or all of the Airport; (2) Ground Transpodation
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 on Ground Transportation
Provider's part to be peformed under the terms of this Agreement; and/or (4) any act(s)
or omission(s) on the part of Ground Transporlation Provider and/or any officer(s),
agent(s), employee(s) or contractor(s),of Ground Transportation Provider during the
Term, except for any claims, judgments, fines, penalties, fodeitures, 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 polícies 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-I EXEMPTION OF CITY
Ground Transportation Provider hereby specifically warrants, covenants and agrees that
City shall not be liable for injury to Ground Transporlation 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 Transpoftation 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 pad 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 pad of
any third padies.
6.2 INSURANCE
Ground Transporlation Provider shall, at Ground Transportation Provider'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) admitted by the California
Insurance Commissioner to do business in the State of California and rated not less than
"A-^/ll" in Bests lnsurance Rating Guide, or (ii) authorized by City's Risk Manager or
his/her 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 req uired:
A. Commercial General Liability insurance which shall be at least as broad as the
most current version of lnsurance Services Office (lSO) 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 Agreement) 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. CommercialAutomobile Liability insurance which shall be at least as broad as the
most current version of lnsurance Services Office (lSO) 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 propedy damage.
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.
Defense costs shall be provided as an additional benefit and not included within the
above limits of liability. Ground Transportation Provider shall be responsible for payment
of any deductibles contained in any insurance policies required hereunder and Ground
Transportation Provider shall also be responsible for payment of any self-insured
retentions.
The above-described policies of insurance shall be endorsed to provide an unrestricted
thirty (30) 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 (10)
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, Ground
Transportation Provider shall file with City a certified copy of the new or renewal policy
and certificates for such policy.
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 Ground Transportation Provider'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. Ground Transportation Provider shall furnish City with the certificate(s) and
applicable endorsements for ALL required insurance prior to City's execution of this
Agreement at the following address:
City of Fresno - Airports Department
Attn.: Properties Division
4995 E. Clinton Way
Fresno, CA 93727
or to such other address as City may, from time to time, provide Ground Transportation
Provider in writing during the Term. Ground Transportation Provider shall furnish City
with copies of the actual policies upon the request of City's Risk Manager or his/her
designee at any time during the Term or any extension, and this requirement shall survive
termination or expiration of this Agreement.
Any failure to maintain the required insurance shall be sufficient cause for City to
term inate this Agreement.
Ground Transportation Provider 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. Ground Transportation Provider shall furnish City with a self-insured
certificate of insurance and applicable endorsements. Said ceÉificate 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 Transpoftation Provider shall also supply the name of
Ground Transporlation 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 Afticle in form and content satisfactory to City's Risk Manager
or his/her designee. Ground Transporlation 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. lf
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 this Agreement.
SECTION 7 TRANSPORTATION NETWORK COMPANIES (TNGs), OR
APPLICATION.BASED COMMERCIAL GROUND TRANSPORTATION PROVIDERS
(ABCT-PROVTDERS).
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 Driverto communicate with their respective
7.1
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
Transpottation 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 Airport Concession
Agreement 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 Airpod 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 the
Airline Ticket Counter Curb or the lobby entrance, and pick up Passengers at the
Baggage Claim Curb.
7.2 While operating at the terminal, TNCs will be subject to the same procedures that
private vehicles are while dropping off and pícking 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 an AVI Transponder and Vehicle ldentification Decal. Taxicab
providers and drivers must show proof of appropriate local, state and federal
permits and licenses, including a City of Fresno taxicab permit (or acceptable
substitute), if picking up customers at Fresno Yosemite lnternational Airport. lf the
taxicab service provider is terminating service from over 100 miles in distance and
dropping the customer off then no transponder or decal is required; in this instance
a Special Activity Notice (SAN) will be required. ln his/her sole discretion, the
Director may identify taxicab permits issued by jurisdictions other than the City of
Fresno that, based on comparable eligibility requirements, are acceptable
9.1
A.
B.
substitutes for the Gity of Fresno taxicab permit.
SECTION 9 - SPECIAL EVENT TRANSPORTATION.
C.
REQUIREMENTS FOR SPECIAL EVENT TRANSPORTATION SERVIGES.
Prior to providing any ground transportation service at the Airport, all special event
service providers and drivers are required to obtain an Airpod ground
transpodation 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 decalfrom the Airport.
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.9., tour groups) may use the curbside areas as designated for the
Special Event.
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.
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 1O - SCHEDULED OR ON.CALL VAN SERVICES PASSENGER STAGE
coRPoRATTONS (PSC).
10.1 REQUIREMENTS FOR PSC SERVICE. Prior to providing any ground
transportation service at the Airport, all PSC service providers and drivers are
required to obtain an AVI transponder and Vehicle ldentification Decal. PSC
service Providers and drivers must evidence proof of appropriate local, state and
federal permits and licenses.
'10.2 EXCLUSIVE AIRPORT VAN SERVICE AGREEMENT. The County maintains an
exclusive Agreement for walk-up customer van services originating from the
Airport. Vans which are not parties to that Agreement shall be limited to
prearranged pickups and drop-ofÍ fares and are limited to waiting in designated
areas only.
Van operating under the exclusive agreement will use the designated areas at
Terminal A and Terminal B for walk-up customers originating from the Airport.
10.3 WAYBILL REQUIRED. Scheduled or on-call van services shall be prearranged.
Scheduled or on-call ground transportation seruice Providers are required to have
a waybill for each customer for whom they are providing ground transportation and
shall present this waybill on demand to any APSO, Fresno Police Officer, traffic
enforcement officer, or any Director designee.
10.4 DISPATCH SERVICE COMMUNICATION. All scheduled or on-call van service
Providers shall have a dispatch service during operating hours, and two-way
radios or cellular telephones in the vehicles providing transportation services to
and from the Airpod in order to maintain communications with its dispatch,
customers and its drivers and employees.
SECTION I1 - COURTESY VEHICLES.
11.1 REQUIREMENTS FOR COURTESY VEHICLE SERVICE. Prior to providing any
ground transportation service at the Airport, all courtesy vehicle providers and
drivers are required to obtain a Vehicle ldentification Decal. Courtesy vehicle
Providers and drivers must evidence proof of appropriate local, state and federal
permits and licenses.
'11.2 TERMINAL CURB USAGE FOR DEPARTING GUSTOMERS. Unless otherwise
specified, courtesy vehicles shall use the two inside lanes for unloading of
customers and baggage. Use of these lanes shall be for active unloading only. The
driver shall not leave the vehicle unattended.
11.3 TERMINAL CURB USAGE FOR ARRIVING CUSTOMERS. Unless otherwise
specified, coudesy vehicles shall use the designated area outside of the baggage
claim area for pick-up of arriving customers and their baggage. The driver shall not
leave the vehicle unattended. Drivers shall not stop in the drive lane in front of the
door at the west end of baggage claim. An Attachment to these Rules and
Regulations presents a map of the designated unloading and loading areas for
Terminal .
SECTION 12 - PUBLIC PARKING.
12.1 SHORT TERM LOT. The Short Term Lot consists of 252 spaces including all
public Handicap Parking spaces. lt is located directly in front of the Terminal and is
intended to accommodate customers that intend to visit the terminal for a short period of
time. lt has an hourly parking rate structure. There are two entrances to Shod Term
Parking: in front of Ticketing, and; in front of Baggage Claim. The exit is through the
centralized Parking Toll Booth Plaza.
'12.2 LONG TERM LOT. The Long Term Lot consists of 1,681 spaces and is also
located in front of the Terminal. lt is intended to accommodate customers who intend to
park for more than one day and has a daily rate. There are two entrances to Long Term
Parking: prior to arriving to the terminal, and; in front of Baggage Claim. The exit is
through the centralized Parking Toll Booth Plaza.
12.3 CELL PHONE LOT. The Cell Phone Lot has 15 spaces and is intended to
accommodate customers that are at the Airporl for the sole purpose of picking up a
traveler and do not wish to park and leave their car. The concept of Cell Phone parking
is that the arriving passenger will call her/his ride when she/he is ready to be picked up.
There is no cost to use the Cell Phone Lot, but for this reason, there are two important
rules: drivers may not leave their vehicle, and; drivers must not leave to pick up their
passengers until the passenger has confirmed they are on the curb with all bags and
ready to load into the vehicle. The Cell Phone Lot is located at the far eastern end of the
Terminal Roadway.
SECTION 13 - EMPLOYEE PARKING.
13.1 EMPLOYEE PARKING LOT. Employee Parking Lot has 190 spaces and is
located at the far east end of the Terminal complex. lngress and egress is from McKinley
Ave., northeast of the public entrance to the Terminal. Access to the lot is computer
controlled and users must use pre-paid access media.
13.2 MANAGERS PARKING LOT. Managers Parking Lot has 76 spaces and is
located immediate east of the Terminal building. lngress and egress is through a
computer controlled gate immediately east of the Terminal building.
14.2 TERMINAL CURB USAGE FOR DEPARTING GUSTOMERS. Off-Airport parking
coudesy vehicle services shall use the curbside areas designated for unloading
customers and baggage. Use of these lanes shall be for active unloading only. The
driver shall not leave the vehicle unattended while at this curb.
14.3 TERMINAL CURB USAGE FOR ARRIVING CUSTOMERS. Off-Airport parking
courtesy vehicle services shall use the curbside areas designated for arriving
customers. The drivers shall not leave the vehicle unattended. An Attachment to
these Rules and Regulations presents a map of the designated unloading and
loading area for the Terminal.
SECTION 15 - ON.AIRPORT RENT.A.CAR TENANTS.
15.1 REQUIREMENTS FOR ON-AIRPORT RENT-A-CAR TENANTS. On-Airport
RentA-Car Tenants must possess a concession agreement with the Airport which
specifies space rental amounts and concession minimum annual guarantees and
concession fees, and also be a Lessee of the Rental Car Service Facility,
15.2 GROUND TRANSPORTATION OPERATIONS. All facilities for On-Airporl
Rent-A-Car Tenants are located immediately west of baggage claim and within walking
distance of their customers. Shuttling of customers is unnecessary and therefore is
prohibited.
15.3 TRANSPORTING VEHICLES. All operations involving transporting vehicles out
and in are conducted at the Car Rental Service Facility located on Andersen Avenue only.
SECTION I6_ MISCELLANEOUS SERVICE.
16.1 PERMITS AND DOCUMENTS REQUIRED. All miscellaneous ground
transportation service Providers are required to obtain Vehicle ldentification
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 17 _ TRANSPORTATION CHARTER PARTY SERVICES.
17.1 REQUIREMENTS FOR TRANSPORTATION CHARTER PARTY SERVIGES.
Prior to providing any ground transportation service at the Airport, all
transportation charter party service providers and drivers are required to obtain a
Vehicle ldentification Decal. Transportation charter party service Providers and
drivers must evidence proof of appropriate local, state and federal permits and
licenses.
17.2 WAYBILL REQUIRED. Transpoftation chader party carrier drivers are required to
have a waybill for each passenger for whom they are providing ground
transpoftation 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 I8 _ PREARRANGED INTERSTATE GROUND TRANSPORTATION
SERVICES.
18.1 "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).
ln compliance with the Real lnterstate Drivers Equity Act of 2002 (49 U.S.C. section
14501(d)), Airpofts shall be exempt from the transponder, decal and fee requirements set
forth herein any provider of pre-arranged ground transportation services which
demonstrates that it:
Meets all applicable registration requirements for the interstate transportation of
passengers; and
Meets allapplicable vehicle and intrastate passenger licensing requirements of the
State or States in which the motor carrier is domiciled or registered to do business;
1.
2.
1.
2.
3.
and
3. ls providing such service pursuant to a contract for:a. Transportation by the motor carrier from one State, including intermediate
stops, to a destination in another State; orb. Transportation by the motor carrier from one State, including intermediate
stops in another State, to a destination in the original State.
An intermediate stop means a pause in the transportation in order for one or more
passengers to engage in personal or business activity, but only if the driver providing the
transportation to such passenger or passengers does not, before resuming the
transpodation of such passenger (or at least one of such passengers), provide
transportation to any other person not included among the passengers being transported
when the pause began.
The following documents should be readily available in the glove compadment of any
vehicle providing pre-arranged interstate ground transportation services:
Letter of federal authority to conduct interstate transportation;
Proof of insurance in the amount required by federal law for type of vehicle used;
Official copy of driver's criminal background check, or certification that no such
background check is required in the state in which the provider is domiciled;
For an B-15 passenger vehicle, the vehicle's USDOT number.
SECTION I9 - ENFORCEMENT.
19.1 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 the Fresno Municipal Code.
SEGTION 20 - GROUND TRANSPORTATION PERMITS, TRANSPONDERS AND
DECALS.
20.1 GROUND TRANSPORTATION DECALS AND TRANSPONDERS.
Every ground transportation vehicle on the Airport premises must display a current and
valid ground transportation decal and properly installed, working vehicle AVI transponder
unless otherwise exempted pursuant to Article 4 of the Fresno Municipal Code, or these
Rules and Regulations.
20.2 APPLICATION FOR GROUND TRANSPORTATION PRIVILEGES, DECAL AND
TRANSPONDER
A. The Director has determíned that it is warranted to charge each ground
transpodation provider an Administration fee for each vehicle in the amount of $30
4.
each. The fee will be collected by Airpoft staff upon the successful passing of the
initial vehicle inspection.
B. Application for ground transportation permits, transponders and decals shall be
made upon forms supplied by the Airpod Ground Transportation office.
Applications shall require such terms and conditions as the Director determines to
be necessary for the protection of the safety, convenience, and welfare of the City
and the general public. All applicants 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 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, Iicense 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.9. TCP/PSC certificate or City taxicab permit) for
each vehicle to be permitted.
7. lf applicant is a Provider seeking permission for multiple drivers under his/her
supervision to provide ground transportation service applicant must provide a
current roster of Drivers under applicant's direct supervision together with a copy
of each driver's license.
8. No ground transportation driver other than those individually granted ground
transportation privileges or those identified on a Provider's roster may use an AVI
Transponder and Vehicle ldentification Decal at FAT.
9. lnsurance declaration sheet evidencing current and valid insurance in the amounts
and types set forth in these Rules and Regulations.
SECTION 21 - AVI TRANSPONDER AND DECAL REQUIREMENT.
21.1 LOST, STOLEN, OR DAMAGED AVI TRANSPONDERS.
SECTION 22 _FEE GOLLECTION AND SCHEDULE.
22.1 TRANSPONDER AND RELATED FEES. Except as explicitly provided by these
regulations, all ground transportation providers shall pay all required permit and
related fees, in accordance with local, state and federal law, and as are established
by the Director in accordance with the current applicable resolution adopted by the
City Council,
(Reserved)
SEGTION 23 - TABLE OF GROUND TRANSPORTATION FEES (Trip Fees).
23.1 (VEHICLE CLASSIFICATION)
(Reserved)
23.2 PAYMENT OF TRIP FEES. Payment of Airport use fees shall be made in
accordance with the following procedures:
(Reserved)
MAP OF TERMTNAL - GROUND TRANSPORTATTON (EX|ST!NG)
MAP OF TERMINAL . GROUND TRANSPORTATION (EFFECTIVE 71112016')
IReserved]
EXHIBIT *B''
EXHIBIT T'C''
FAA
Airports
ASSURANCES
Airport Sponsors
A.General.
1. These assurances shall be complied with in the performance of grant agreements for
airport development, airport planning, and noise compatibility program grants for
airport sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public agency
with control of a public-use airport; the term "private sponsor" means a private owner
of a public-use airport; and the term "sponsor" includes both public agency sponsors
and private sponsors.
3. Upon acceptance ofthis grant offer by the sponsor, these assurances are incorporated
in and become part of this grant agreement.
Duration and Applicabilify.
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 precedingparagraph 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 ofacceptance ofFederal aid
for the project.
B.
Àirport Sponsor Assurances 3/2014 Page I of20
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this grant agreement, only Assurances 1,2,3,5,6,73,
18, 25 , 30, 32, 33 , and 34 in Section C apply to planning projects. The terms,
conditions, and 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 Airport Revenue so long as the airport is used as an airport.
C. SponsorCertification.
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 project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq.1
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 Title 42 U.S.C. 4601, et seq.r2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(Ð.1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through
469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended.j. Coastal ZoneManagement Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
L Title 49, U.S.C., Section 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 sra|.252)
þrohibits 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 -42 U.S.C. 4151, et seq.1
s. Power plant and Industrial Fuel Use Act of 1978 - Section 403-2 U.S.C. 83T.r
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq,l
u. Copeland Anti-kickback Act - 18 U.S.C. 874.1
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.
x. Single Audit Act of lg84 - 31 U.S.C. 7501, et seq.2
y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702through706.
Airport Sponsor Assu¡ances 3/20 l4 Page 2 of20
z. The Federal Funding Accountability and Transparency Act of 2006, as amended
(Pub. L. 109-282, as amended by section 6202 of Pub.L. n0-252).
Executive Orders
a. Executive Order 11246 - Equal Employment Opportunityt
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 Constructionl
f. Executive Order 12898 - Environmental Justice
Federal Regulations
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment
and Suspension Q.tronprocurement).b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. IOMB Circular A-87 Cost Principles
Applicable to Grants and Contracts with State and Local Governments, and OMB
Circular A-133 - Audits of States, Local Governments, and Non-Profit
Organizationsl.4's'6
c. 2 CFR Part 1200 - Nonprocurement Suspension and Debarment
d. 14 CFR Part 13 - Investigative and Enforcement Proceduresl4 CFR Part 16 -
Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150 - Airport noise compatibility planning.
f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local
Government Services.
g. 28 CFR $ 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964.
h. 29 CFR Part I - Procedures for predetermination of wage rates.l
i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work
financed in whole or part by loans or grants from the United States.lj. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering
federally financed and assisted construction (also labor standards provisions
applicable to non-construction contracts subject to the Contract'Work Hours and
Safety Standards Act).1
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally assisted
contracting requirements). I
l. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3
m. 49 CFR Part 20 - New restrictions on lobbying.
n. 49 CFR Part2I - Nondiscrimination in federally-assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights Act of
1964.
o. 49 CFR Part23 - Participation by Disadvantage Business Enterprise in Airport
Concessions.
Airport Sponsor Assurances 3/2014 Page 3 of20
p. 49 CFR Part24 - Uniform Relocation Assistance and Real Property Acquisition
for Federal and Federally Assisted Programs.l 2
q. 49 CFR Part26 - Participation by Disadvantaged Business Enterprises in
Department of Transportation Programs.
r. 49 CFR Part27 - Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance.l
s. 49 CFR Part28 - Enforcement ofNondiscrimination 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 Part32 - Governmentwide Requirements for Drug-Free Workplace
(Financial Assistance)
v. 49 CFR Pafi.37 - Transportation Services for Individuals with Disabilities
(ADA).
w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated
new building construction.
Specific Assurances
Specific assurances required to be included in
laws, regulations or circulars are incorporated
Footnotes to Assurance C.1.
grant agreements by any of the above
by reference in this grant agreement.
1
2
3
These laws do not apply to airport planning sponsors.
These laws do not apply to private sponsors.
49 CFR Part 18 and 2 CFR ParL 200 contain requirements for State and Local
Govemments receiving Federal assistance. Any requirement levied upon State
and Local Govemments by this regulation and circular shall also be applicable
to private sponsors receiving Federal assistance under Title 49, United States
Code.
On December26,2013 at 78 FR 78590,the Office of Management and Budget
(OMB) issued the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR Part200.2 CFR Part200
replaces and combines the former Uniform Administrative Requirements for
Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or
Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part220;
Circular A-87 or 2 CFR part225; and A-122,2 CFR part230). Additionally it
replaces Circular A-133 guidance on the Single Annual Audit. In accordance
with 2 CFR section 200. 1 1 0, the standards set forth in Part 200 which affect
administration of Federal awards issued by Federal agencies become effective
once implemented by Federal agencies or when any future amendment to this
Part becomes f,rnal. Federal agencies, including the Department of
Transportation, must implement the policies and procedures applicable to
Federal awards by promulgating a regulation to be effective by December 26,
2014 unless different provisions are required by statute or approved by OMB.
Airport Sponsor Assurances 3/2014 Page 4 of20
2.
s Cost principles established in 2 CFR part2}O subpart E must be used as
guidelines for determining the eligibility of specific types of expenses.
6 A.rdit requirements establish ed in 2 CFR part 200 subpart F are the guidelines
for audits.
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 authorizinglhe filing of the
application, including all understandings and assurances contained therein, and
directing and authorizingthe 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 cary 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.
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.
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.
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 with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary.
aJ.
4.
5
Airport Sponsor Assurances 3/2014 Page 5 of20
b.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 transfening 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.
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 govemment if there is substantial non-compliance with the terms of the
agreement.
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.
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.
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 insure that the airport will
be operated and maintained in accordance Title 49, United States Code, the
regulations and the terms, conditions and assurances in this grant agreement and
shall insure that such arrangement also requires compliance therewith.
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 Il2-95 and the sponsor assurances.
d.
e.
Ob.
Airport Sponsor Assurances 3/2014 Page 6 of20
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 suffounding the airport.
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 ofthe transcript ofsuch 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.
1 0. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport ruilvay, 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.
1 1. Pavement Preventive Maintenance.
With respect to a project approved after January I,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 f,rnancial 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 section 44706 of Title 49,
United States Code, and all the security equipment required by rule or regulation, and
Airport Sponsor Assurances 3/20 14 PageT of20
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 ofthatportion ofthe cost ofthe project supplied by other sources, and such
other financial records pertinent to the project. The 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 oftheir duly authorized representatives, for the purpose ofaudit 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 ofa sponsor relating to the disposition ofthe proceeds ofa grant or
relating to the project in connection with which this grant was given or used, it
shall f,rle 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, in accordance with the
Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), 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.
1 5. 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 Section 47II2 of Title 49, United
States Code. However, this preference shall apply only where the individuals are
available and qualified to perform the work to which the emplolrnent relates.
16. Conformity to Plans and Specifications.
Itwill execute the project subjectto 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,
Airport Sponsor Assurances 3/2014 Page 8 of20
specifications, and schedules shall also be subject to approval ofthe 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
ofsuch project as the Secretary shall deem necessary.
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 grantprovided 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
specifìc consultants and their subcontractors to do all or any part ofthis 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 ofthis 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,
Aiçort Sponsor Assurances 3/20 14 Page 9 of20
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 affangements 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 airmen 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 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.flazard 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
Airport Sponsor Assurances 3/2014 Page 10 of20
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 f,rxed-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
classiflrcations 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 eventthe sponsor itselfexercises any ofthe 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 ofthe airport ifsuch action is necessary for the safe operation ofthe airport or
necessary to serve the civil aviation needs of the public.
Aiçort Sponsor Assurances 3/2014 Page l1 of20
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, f,rrm, or corporation, the
exclusive right at the airport to conduct any aeronautical activities, including, but
not limited to charter flights, pilot training, airuaft.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 ofaircraft 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 ofany 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 which a grant is
made under Tille 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 ofpassengers
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
Airport Sponsor Assurances 3/20 l4 Page 12 of20
operatorrs 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 ceftain 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 2\-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 1,7996.
3) Certain revenue derived from or generated by mineral extraction, production,
lease, or other means at a general aviation airport (as defined at Section 47102
of title 49 United States Code), if the FAA determines the airport sponsor
meets the requirements set forth in Sec. 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 ofairport revenue and taxes in paragraph
(a), and indicating whether firnds 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 Section 47107 of Title 49, United
States Code.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special f,inancial and operations reports as
the Secretary may reasonably request and make such reports available to the
public; make available to the 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 ofthe 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
Airport Sponsor Assurances 3/2014 Page 13 of20
d. in a format and time prescribed by the Secretary, provide to the Secretary and
make available to the public following each of its hscal 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 takeoffofaircraft 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 afucraft, 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 fumish 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 traff,rc control, any areas of land or water, or estate therein, or
rights in buildings ofthe sponsor 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.
29. Airport Layout Plan.
a. 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 ofßite 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
Airport Sponsor Assurances 3/20 l4 Page 14 of20
roads), including all proposed extensions and reductions of existing airport
facilities;
3) the location of all existing and proposed nonaviation 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 ofa 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. 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, onthe grounds of race, creed, color, national origin, sex, age, or
disability be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any activity conducted with, or benef,rting from, funds
received from this grant.
a. Using the def,rnitions of activity, facility and program as found and defined in $$
21.23 (b) and2l.23 (e) of 49 CFR $ 21, 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.
Airport Sponsor Assurances 3/2014 Page 15 of20
c
3) Real Property. Where the sponsor receives a grant or other Federal financial
assistance in the form of, or for the acquisition ofreal property or an interest
in real property, the assurance will extend to rights to space on, over, or under
such property.
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.
Required Solicitation Language. It will include the following notif,rcation 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 (Name of Sponsor), in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 9tat.252,42 U.S.C. $$ 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders that it will afhrmatively ensure that any
contract entered into pursuant to this adveftisement, disadvantaged business
enterprises and airport concession disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, or national origin
in consideration for an award."
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 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.
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 ofrace, color, national origin, creed, sex, age, or handicap as a
d.
e.
Airport Sponsor Assurances 3/20 l4 Page 16 of20
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 ofFederal 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 pu{poses, 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 acquisitìon of such land will be, at the
discretion ofthe 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 Section 47117(e) of title
49 United States Code, (3) reinvestment in an approved airport development
project that is eligible for grant funding under Sections 47114,47175, or 47117 of
title 49 United States Code, (4) transferred to an eligible sponsor of another public
airport to be reinvested in an approved noise compatibility project atthat airport,
and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If
land acquired under a grant for noise compatibility purposes is leased atfair
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 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 pulposes (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, (1) upon application to the Secretary, be reinvested or transferred to another
Airport Sponsor Assurances 3/20 l4 PagelT of20
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 Section 47117(e) of title 49 United States Code, (3)
reinvestment in an approved airport development project that is eligible for grant
funding under Sections 47774,47115, or 47717 of title 49 United States Code, (4)
transferred to an eligible sponsor of another public airport to be reinvested in an
approved noise compatibility project at that airport, and (5) paid 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 ofsuch
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
37 , 1987 , will be considered to be needed for airport purposes if the Secretary or
Federal agency making such grant before December 37, 1987 , was notified by the
operator or owner ofthe uses ofsuch 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.
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 with respect
to the project in the same manner as a contract for architectural and engineering
services is negotiated under Title IX of the Federal Property and Administrative
Services Act of 1949 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 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 the project in accordance with policies, standards, and specifications
approved by the Secretary including but not limited to the advisory circulars listed in
the Current FAA Advisory Circulars for AIP projects, dated (the latest
approved version as ofthis grant offer) and included in this grant, and in accordance
Airport Sponsor Assurances 3/20 l4 Page 18 of20
with applicable state policies, standards, and specifications approved by the
Secretary.
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real propefty, 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 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 of49 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 DBE and ACDBE programs
or the requirements of 49 CFR Parts 23 and26. The sponsor shall take all necessary
and reasonable steps under 49 CFR Parts23 and26 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 and23, 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 and23 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 andlor the Program Fraud
Civil Remedies Act of 1936 (31 U.S.C. 3801).
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 3/2014 Page 19 of20
EXHIBIT "D'I
t
YES'NO
1 Are you currently ín litigation with the City of Fresno or any of its
agents?
I r
2 Do you represent any firm, organization or person who is in
litigation wíth the City of Fresno?
n ø
3 Do you cunently represent or peÉorm work for any clients who do
business with the Cig of Fresno?
D ø
4 Are you or any of your príncipals, managers or professionals,
owners or investors in a business which does busíness wíth the
Cþ of Fresno, or ín a business which is in litigation with the Clty of
Fresno?
D ø
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?tr F
6 Do you or eny of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contrêct in connection with
this Project?¡ø
* lf the answerto any question is ye@
Exh¡b¡t "D"
DISCLOSURE OF CONFLICT OF INTEREST
(addæss)
)4,r1 t-r^r.-'g¿ ¿
between City of Fresno ('Fresno')
LÀt lullro
Explanation:
il Additional page(s) attached.
(city state zip)