HomeMy WebLinkAboutC24-502 Fortbrand Services
AGREEMENT FOR EQUIPMENT AND/OR MATERIALS BETWEEN
EAGLE COUNTY, COLORADO
AND
FORTBRAND SERVICES
THIS AGREEMENT (“Agreement”) is effective as of _________________by and between Fortbrand
Services, LLC, a New York limited liability company authorized to do business in Colorado (hereinafter
“Vendor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”).
RECITALS
WHEREAS, the County desires to purchase a Fortbrand VAMMAS DTS 1000 De-Icing Trailer as
specified in Exhibit A to be used for snow removal at the Eagle County Regional Airport, located at 219
Eldon Wilson Road, Gypsum CO, 81531 (the “Property”); and
WHEREAS, Vendor is authorized to do business in the State of Colorado, and has the time, skill,
expertise, and experience necessary to provide the equipment and/or materials as set forth below in
paragraph 1 hereof; and
WHEREAS, this Agreement shall govern the relationship between Vendor and County in connection with
the procurement of equipment and/or materials.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the following promises Vendor and County
agree as follows:
1. Equipment. Vendor agrees to procure the materials, equipment and/or products (collectively the
“Equipment”) described in Exhibit A which is attached hereto and incorporated herein by reference. The
Equipment shall be provided in accordance with the provisions and conditions of this Agreement.
a. Vendor agrees to furnish the Equipment no later than 12/30/2024. If Vendor is unable to
furnish the Equipment by said date, then Vendor agrees to furnish the Equipment in a timely and
expeditious manner. By signing below, Vendor represents that it has the expertise and personnel
necessary to properly and timely provide the Equipment.
b. In the event of any conflict or inconsistency between the terms and conditions set forth in
Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in
this Agreement shall prevail.
c. County shall have the right to inspect all Equipment. Inspection and acceptance shall not
be unreasonably delayed or refused. In the event County does not accept the Equipment for any reason in
its sole discretion, then Vendor shall upon County’s request and at no charge to County:
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12/23/2024
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i. take the Equipment back;
ii. exchange the Equipment; or
iii. repair the Equipment.
2. County’s Representative. The Airport Department’s designee shall be Vendor’s contact with
respect to this Agreement.
3. Term of the Agreement. This Agreement shall commence upon the date first written above, and
subject to the provisions of paragraph 10 hereof, shall continue in full force and effect through the 31st
day of December, 2024.
4. Extension or Modification. Any amendments or modifications shall be in writing signed by both
parties. No additional Equipment shall be provided by Vendor unless and until Vendor has obtained
written authorization and acknowledgement by County for such additional equipment in accordance with
County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal
change orders, express or implied acceptance of alterations or additions to the Equipment, and no claim
that County has been unjustly enriched by any Equipment, whether or not there is in fact any such unjust
enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that
written authorization and acknowledgment by County for such additional equipment is not timely
executed and issued in strict accordance with this Agreement, Vendor’s rights with respect to such
additional equipment shall be deemed waived and such failure shall result in non-payment for such
additional equipment.
5. Compensation. County shall compensate Vendor for the Equipment in a sum computed and
payable as set forth in Exhibit A. The cost for purchase, delivery and commissioning of the Equipment
under this Agreement shall not exceed $120,500.00.
a. Payment will be made for Equipment satisfactorily delivered and accepted by County
within thirty (30) days of receipt of a proper and accurate invoice from Vendor. All invoices shall include
detail regarding the Equipment and such other detail as County may request.
b. If, at any time during the term or after termination or expiration of this Agreement,
County reasonably determines that any payment made by County to Vendor was improper because the
Equipment for which payment was made were not provided as set forth in this Agreement, then upon
written notice of such determination and request for reimbursement from County, Vendor shall forthwith
return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds
advanced by County, if any, shall forthwith be returned to County.
c. County will not withhold any taxes from monies paid to the Vendor hereunder and
Vendor agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement.
d. Notwithstanding anything to the contrary contained in this Agreement, County shall have
no obligations under this Agreement after, nor shall any payments be made to Vendor in respect of any
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period after December 31 of any year, without an appropriation therefor by County in accordance with a
budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the
Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the
TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
6. Insurance. Vendor agrees to provide and maintain at Vendor’s sole cost and expense, the
following insurance coverage with limits of liability not less than those stated below:
a. Types of Insurance.
i. Workers’ Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than $1,000,000 each accident
combined bodily injury and property damage liability insurance, including coverage for owned, hired, and
non-owned vehicles.
iii. Commercial General Liability coverage to include premises and operations,
personal/advertising injury, products/completed operations, broad form property damage with limits of
liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits.
b. Other Requirements.
i. The automobile and commercial general liability coverage shall be endorsed to
include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials,
employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the
foregoing requirements is attached hereto as Exhibit B.
ii. The insurance provisions of this Agreement shall survive expiration or
termination hereof.
iii. The parties hereto understand and agree that the County is relying on, and does
not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights,
immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time
amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected
officials, employees, agents and volunteers.
iv. Vendor is not entitled to workers’ compensation benefits except as
provided by the Vendor, nor to unemployment insurance benefits unless unemployment compensation
coverage is provided by Vendor or some other entity. The Vendor is obligated to pay all federal and state
income tax on any moneys paid pursuant to this Agreement.
7. Indemnification. The Vendor shall indemnify, defend and hold harmless County, and any of its
officers, agents and employees against any losses, claims, damages or liabilities for which County may
become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or
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indirectly, this Agreement, or are based upon any performance or nonperformance by Vendor or any of its
subcontractors hereunder; and Vendor shall reimburse County for reasonable attorney fees and costs,
legal and other expenses incurred by County in connection with investigating or defending any such loss,
claim, damage, liability or action. This indemnification shall not apply to claims by third parties against
the County to the extent that County is liable to such third party for such claims without regard to the
involvement of the Vendor. This paragraph shall survive expiration or termination hereof.
8. Documents. Vendor shall execute any bill of sale or other documents required by County to
transfer title of the Equipment to County. Vendor shall provide copies of any instruction or operations
manuals and shall further provide copies of any manufacturers’ warranties associated with the Equipment.
9. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i)
personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii)
when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their
respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either
party may change its address for purposes of this paragraph by giving five (5) days prior written notice of
such change to the other party.
COUNTY:
Eagle County, Colorado
Attention: Wallace Oliveira
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-471-6279
E-mail: Wallace.Oliveira@eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-38-8685
E-Mail: atty@eaglecounty.us
VENDOR:
Fortbrand Services, LLC
Attention: Ronnie Roach
Director, Airfield Maintenance Equipment
Fortbrand Services, LLC
50 Fairchild Court
Plainview, NY 11803
Telephone: 919-628-2899
Email: rroach@fortbrand.com
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10. Termination. County may terminate this Agreement, in whole or in part, at any time and for any
reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written
notice to the Vendor. Upon termination of this Agreement, Vendor shall immediately provide County
with all documents as defined in paragraph 8 hereof, in such format as County shall direct and shall return
all County owned materials and documents in the possession of Vendor, if any. County shall pay Vendor
for Equipment satisfactorily inspected and accepted to the date of termination.
11. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to
this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado,
which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and
interpreted under and shall be governed by the laws of the State of Colorado.
12. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or
more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the
same instrument. The parties approve the use of electronic signatures for execution of this Agreement.
Only the following two forms of electronic signatures shall be permitted to bind the parties to this
Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the
image of the signature of an authorized signer inserted onto PDF format documents. All documents must
be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform
Electronic Transactions Act, C.R.S. §§ 24-71.3-101 to 121.
13. Other Contract Requirements and Vendor Representations.
a. Vendor has familiarized itself with the intended purpose and use of the Equipment to be
provided hereunder, the intended use of such Equipment by County, and with all local conditions, federal,
state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or
Equipment.
b. Vendor will make, or cause to be made, examinations, investigations, and tests as he
deems necessary for the performance of this Agreement.
c. The fact that the County has accepted or approved the Equipment shall not relieve
Vendor of any of its responsibilities. Vendor represents and warrants that it has the expertise and
personnel necessary to properly perform the terms of this Agreement. Vendor shall provide appropriate
supervision to its employees to ensure the performance in accordance with this Agreement. Vendor will
provide the Equipment in a skillful, professional and competent manner and in accordance with the
standard of care applicable to vendors supplying similar equipment.
d. Vendor warrants merchantability and fitness of the Equipment for its intended use and
purpose.
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e. Vendor hereby represents and warrants that the Equipment will be new and guarantees all
Equipment against defects for a period of one (1) year from the date the Equipment is accepted by
County, or such longer period as may be provided by the law or as otherwise agreed to by the parties.
f. All guarantees and warranties of Equipment furnished to Vendor by any manufacturer or
supplier are for the benefit of County. If any manufacturer or supplier of any Equipment furnishes a
guarantee or warrantee for a period longer than one (1) year, then Vendor’s guarantee or warrantee shall
extend for a like period as to such Equipment.
g. Vendor warrants that title to all Equipment shall pass to County either by incorporation
into the County facility or upon receipt by Vendor of payment from County (whichever occurs first) free
and clear of all liens, claims, security interests or encumbrances. Vendor further warrants that Vendor (or
any other person performing Work) purchased all Equipment free and clear of all liens, claims, security
interests or encumbrances. Notwithstanding the foregoing, Vendor assumes all risk of loss with respect to
the Equipment until County has inspected and approved the same.
h. Within a reasonable time after receipt of written notice, Vendor shall correct at its own
expense, without cost to County, and without interruption to County:
i. Any defects in Equipment which existed prior to or during the period of any
guarantee or warranty provided in this Agreement; and
ii. Any damage to any property caused by such defects or the repairing of such
defects.
i. Guarantees and warranties shall not be construed to modify or limit any rights or actions
County may otherwise have against Vendor in law or in equity.
j. Vendor agrees to work in an expeditious manner, within the sound exercise of its
judgment and professional standards, in the performance of this Agreement. Time is of the essence with
respect to this Agreement.
k. This Agreement constitutes an agreement for performance by Contractor as an
independent Contractor and not as an employee of County. Nothing contained in this Agreement shall be
deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any
other relationship between County and Vendor except that of independent Vendor. Vendor shall have no
authority to bind County.
l. Compliance to Law. Vendor represents and warrants that at all times in the performance
of the Agreement, Vendor shall comply with any and all applicable laws, codes, rules and regulations
including but not limited to, all Airport Rules and Regulations, as amended from time to time; all
applicable federal, state and local laws, ordinances, resolutions and all rules and regulations adopted by
the County or the Eagle County Air Terminal Corporation (“ECAT”) for the management, operation and
control of the Airport, either promulgated by the County or ECAT on their own initiative or in
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compliance with regulations or actions of the Federal Aviation Administration or other authorized federal
agency including the Transportation Security Administration. Contractor additionally agrees to comply
with the Federal Assurances attached hereto as Exhibit C and incorporated herein by this reference.
m. Compliance with Environmental Requirements. Contractor in conducting any activity on
Airport property shall comply with all applicable local, state or federal environmental rules, regulations,
statutes, laws or orders (collectively “Environmental Regulations”), including but not limited to
Environmental Regulations regarding the storage, use and disposal of Hazardous Materials or Special
Wastes to the Environment. Contractor shall acquire all necessary federal, state, and local environmental
permits and comply with all applicable federal and state environmental permit requirements in the
performance of services under this Agreement.
n. Security. Contractor shall cause its officers, contractors, agents and employees to comply
with any and all existing and future security regulations or Security Plan adopted by the County or ECAT
pursuant to requirements of the Transportation Security Administration or Part 107, Federal Air
Regulations of the Federal Aviation Administration, as it may be amended from time to time.
o. This Agreement contains the entire agreement between the parties with respect to the
subject matter hereof and supersedes all other agreements or understanding between the parties with
respect thereto.
p. Vendor shall not assign any portion of this Agreement without the prior written consent
of the County. Any attempt to assign this Agreement without such consent shall be void.
q. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto
and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all
rights and obligations hereunder are reserved solely for the parties, and not to any third party.
r. No failure or delay by either party in the exercise of any right hereunder shall constitute a
waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding
breach.
s. The invalidity, illegality or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision hereof.
t. The signatories to this Agreement aver to their knowledge no employee of the County has
any personal or beneficial interest whatsoever in the Equipment described in this Agreement. The Vendor
has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the
performance of the Agreement and Vendor shall not employ any person having such known interests.
14. Protection of Airport.
a. Contractor shall not construct, erect or install any structure or equipment determined by
the FAA pursuant to FAR Part 77 to constitute an obstruction or hazard to air navigation. Contractor
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acknowledges that an obstruction or hazard may be found based on the height of structures and also based
on, for example and without limitation, aeronautical effects on air traffic control radar, direction finders,
air traffic control line-of-sight visibility, and physical or electromagnetic effects on air navigation,
communication facilities, and other surveillance systems. Contractor shall comply with any conditions,
limitation, supplemental notice requirements, and marking and lighting recommendations issued by the
FAA pursuant to FAR Part 77.
b. Contractor by accepting this Agreement expressly agrees for itself, its successors, and
assigns that its services performed under this Agreement will not in any manner interfere with the landing
and taking off of aircraft from the Airport or otherwise constitute a hazard. In the event the aforesaid
covenant is breached, County reserves the right to cause the abatement of such interference at the expense
of the Contractor.
15. Subordination.
a. This Agreement is subject and subordinate to the provisions of any agreements heretofore
or hereafter made between the County and the United States, relative to the operation or maintenance of
the Airport, or to the expenditure of federal funds for the improvement or development of the Airport,
including the expenditure of federal funds for the development of the Airport in accordance with the
provisions of the Federal Aviation Act of 1958, the Federal Aid to Airport Act, the Airport and Airway
Development Act of 1970 and the Airport and Airway Improvement Act of 1982, as such acts have been
amended or replaced from time-to-time.
b. This Agreement and all the provisions hereof shall be subject to whatever right the
United States Government now has or in the future may have or require affecting the control, operation,
regulation, and taking over of the Airport.
c. This Agreement is subordinate to any bond ordinance, indenture or covenant made by the
Eagle County Air Terminal Corporation with respect to the Airport prior to or during the term hereof and,
in the event of a conflict, the requirements of the ordinance, indenture or covenant shall control.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
COUNTY OF EAGLE, STATE OF COLORADO, By
and Through Its COUNTY MANAGER
By:_____________________________________
Jeff Shroll, County Manager
CONSULTANT
Fortbrand Services, LLC
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
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Ronnie Roach
Director of AMS
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EXHIBIT A
SCOPE OF SERVICES AND EQUIPMENT, SCHEDULE, FEES
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QUOTE
Date:12/16/24
To:Wallace Oliveira From:Ronnie Roach
Eagle County Regional Airport Director, Airfield Maintenance Equipment
Gypsum, CO. 81637 Fortbrand Services, Inc.
50 Fairchild Court
Plainview, NY 11803
Tel:Tel:919-628-2899
Cell:970 471 6279 Fax:516-576-3221
E-Mail:wallace.oliveira@eaglecounty.us E-Mail:rroach@fortbrand.com
https://www.fortbrand.com
Terms Delivery FOB Sales Rep
Purchase - Due Jan 1, 2025 30 days ARO Richmond, Indiana Ronnie Roach
Sales Sales
Qty Price PRICE
1 Fortbrand VAMMAS DTS 1000 De-Icing Trailer $112,250 $112,250
AS BUILT INCLUDING:
1 Dual, Henschen Dura-Flex suspension axels
1 1000 gallon Poly tank with UV protection
1 Corrosion-resistant centrifugal pump rated at 200-GPM minimum
1 Spring loaded break-a-way boom system - 50' spray convergence
1
1 Blast application Rate button for applying extra fluid to a critical area
Freight $8,250.00 $8,250.00
Total Purchase unit / delivery / commissioning $120,500.00 $120,500.00
Payment Due Date delayed until Jan 1, 2025
COMMENTS:Brochure:
Fortbrand DST 1000 DeIce Trailer Brochure
Description
Vehicle speed adjusts liquid dispersal to give a constant application rate
- saves the airport money and reduces overspraying.
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EXHIBIT B
INSURANCE CERTIFICATES
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CERTIFICATE OF COMMERCIAL LIABILITY INSURANCE - NEW YORK
Producer:Named Insured:
General Liability
Insurer Name:
Policy Number:
Policy Effective Date:Policy Expiration Date:
Each Occurrence Limit$
$Damage To Premises Rented To You Limit (any one premises)
Medical Expense Limit (any one person)
Personal & Advertising Injury Aggregate Limit
General Aggregate Limit
Products/Completed Operations Aggregate Limit
Hangarkeepers Limit
Each Aircraft Limit
$
$
$
$
$
$Each Loss Limit
Hangarkeepers Deductible (each aircraft)$
General Aggregate Limit applies per:Policy Project Location
Description of Operations/Locations/Endorsements/Special Provisions
Additional Insured Status
Cancellation
Certificate Holder:
Authorized Representative:
CGL309-NY (01/07)
Certificate No.
Date of Issue
EAGLE COUNTY REGIONAL AIRPORT
217 ELDON WILSON RD
GYPSUM, CO 81637
This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been
issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage
provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies.
Coverage is subject to the provisions of the policies, including any exclusions or conditions, regardless of the provisions of any
other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided
at the policy inception. Subsequent paid claims may reduce these limits.
JSL AVIATION INSURANCE
A MARSH & MCLENNAN AGENCY LLC CO., 11330
LAKEFIELD
DR., SUITE 100, JOHNS CREEK, GA 30097
FORTBRAND SERVICES, LLC
AND AS ENDORSED
50 FAIRCHILD COURT
PLAINVIEW, NY 11803
Limits
of
Insurance
THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER.
IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES)
MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH
ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT
INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT.
In the event of cancellation of any policy described above, the insurer will attempt to mail 30 days written notice to the
certificate holder prior to the effective date of cancellation. However, failure to do so will not impose duty or liability upon the
insurer, its agents or representatives, nor will it delay cancellation.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
AP 003394870-24
March 27, 2024 March 27, 2025
10,000,000.
250,000.
10,000.
10,000,000.
NOT APPLICABLE
10,000,000.
NOT COVERED
NOT COVERED
NOT APPLICABLE
X
N/A
31
December 6, 2024 AN
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ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Name of Additional Insured Person(s) or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CGL191 (3/05)
Includes copyrighted material of Insurance Services Office, Inc. with its permission
EAGLE COUNTY REGIONAL AIRPORT
217 ELDON WILSON RD
GYPSUM, CO 81637
SECTION II - WHO IS AN INSURED is amended to include as an additional Insured the person(s) or
organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of
those acting on your behalf:
A.In the performance of your ongoing operations; or
B.In connection with your premises owned by or rented to you.
All other provisions of this policy remain the same.
This endorsement becomes effective to be attached to and hereby made a part of
Policy No. issued to
By
Endorsement No.
Date of Issue By
(Authorized Representative)
March 27, 2024
AP 003394870-24 FORTBRAND SERVICES, LLC
AND AS ENDORSED
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
74
December 6, 2024 AN
NYFTZ Stat Code 2-5007
NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE
FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER,
THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK
INSURANCE LAW AND REGULATIONS.
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EXHIBIT C
CIVIL RIGHTS AND NON-DISCRIMINATION
1. In all its activities within the scope of its airport program, Consultant agrees to comply with
pertinent statutes, Executive Orders and such rules as identified in Title VI List of Pertinent
Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race,
color, national origin (including limited English proficiency), creed, sex (including sexual
orientation and gender identity), age, or disability be excluded from participating in any activity
conducted with or benefiting from Federal assistance. If Consultant transfers its obligation to
another, the transferee is obligated in the same manner as Consultant. This provision obligates
Consultant for the period during which the property is used or possessed by Consultant and Eagle
County (the “Airport”) remains obligated to the FAA. This provision is in addition to that required
by Title VI of the Civil Rights Act of 1964.
2. During the performance of this Agreement, Consultant for itself, its assignees, and successors
in interest, agrees to comply with the following non-discrimination statutes and authorities:
a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 Stat. 252)
(prohibits discrimination on the basis of race, color, national origin);
b. 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department
of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964);
c. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
42 U.S.C. § 4601 (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);
d. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.) as amended
(prohibiting discrimination on the basis of disability), and 49 CFR Part 27
(Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal
Financial Assistance);
e. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.) (prohibits
discrimination on the basis of age);
f. Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), as amended
(prohibits discrimination based on race, creed, color, national origin, or sex);
g. The Civil Rights Restoration Act of 1987 (PL 100-259) (broadening the scope, coverage,
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act
of 1975, and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
terms “programs or activities” to include all of the programs or activities of the Federal-
aid recipients, sub-recipients and contractors, whether such programs or activities are
Federally funded or not);
h. Titles II & III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq.)
(prohibits discrimination on the basis of disability in the operation of public entities, public
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and private transportation systems, places of public accommodation, and certain testing
entities) as implementing by U.S. Department of Transportation Regulations at 49 CFR
Parts 37 and 38;
i. The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
j. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
k. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficient (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful
access to your programs [70 Fed. Reg. at 74087 (2005)]; and
l. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 USC § 1681 et seq.).
3. During the performance of this Agreement, Consultant, for itself, its assignees, and successors
in interest, agrees as follows:
a. Compliance with Regulations: Consultant will comply with the Title VI List of Pertinent
Nondiscrimination Acts and Authorities, as they may be amended from time to time, which
are herein incorporated by reference and made a part of this Agreement.
b. Nondiscrimination: Consultant, with regard to the work performed by it during the
Agreement, will not discriminate on the grounds of race, color, national origin (including
limited English proficiency), creed, sex (including sexual orientation and gender identity),
age, or disability in the selection and retention of subcontractors, including procurements
of materials and leases of equipment. Consultant will not participate directly or indirectly
in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including
employment practices when the contract covers any activity, project, or program set forth
in Appendix B of 49 CFR part 21.
c. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In
all solicitations, either by competitive bidding or negotiation made by Consultant for work
to be performed under a subcontract, including procurements of materials, or leases of
equipment, each potential subcontractor or supplier will be notified by Consultant of
contractor’s obligations under this Agreement and the Nondiscrimination Acts and
Authorities.
d. Information and Reports: Consultant will provide all information and reports required
by the Acts, the Regulations, and directives issued pursuant thereto and will permit access
Docusign Envelope ID: 262B9780-606B-48D6-A7D0-23BA07540B8D
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AIRPORT - Agreement for equipment or materials purchase 06/28/2024
to its books, records, accounts, other sources of information, and its facilities as may be
determined by the County or the FAA to be pertinent to ascertain compliance with such
Nondiscrimination Acts and Authorities and instructions. Where any information required
of a contractor is in the exclusive possession of another who fails or refuses to furnish the
information, Consultant will so certify to the County or the FAA, as appropriate, and will
set forth what efforts it has made to obtain the information.
e. Sanctions for Noncompliance: In the event of Consultant’s noncompliance with the non-
discrimination provisions of this Agreement, the County will impose such contract
sanctions as it or the FAA may determine to be appropriate, including, but not limited to,
cancelling, terminating, or suspending this Agreement, in whole or in part.
f. Incorporation of Provisions: Consultant will include the provisions of this subsection in
every contract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations, and directives issued pursuant hereto. Consultant will
take action with respect to any subcontract or procurement as the County or the FAA may
direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, that if Consultant becomes involved in, or is threatened with litigation by a
subcontractor, or supplier because of such direction, Consultant may request the County to
enter into any litigation to protect the interests of the County. In addition, Consultant may
request the United States to enter into the litigation to protect the interests of the United
States.
Docusign Envelope ID: 262B9780-606B-48D6-A7D0-23BA07540B8D
