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HomeMy WebLinkAboutAirports Department and Police Department - Interdepartmental MOU for Public Safety Services (FATAPSSS)-d .E ^.q)6e,Ul d)(E -!¡lr=r!oOø>=Eo()ı à()CITY OF FRESNO MEMORANDUM OF AGREEMENT FOR INTERDEPARTMENTAL SERVICES Between AIRPORTS DEPARTMENT And POLICE DEPARTMENT (FAT ATRPORT pUBLtC SAFETY SUPPORT SERVTCES) This INTERDEPARTMENTAL SERVICES AGREEMENT is effective as of November 18, 2013 by and between the City of Fresno Airports Department (AIRPORTS) and the City of Fresno Police Department (POLICE). WHEREAS, the City owns and operates Fresno Yosemite lnternational Airport (FAT) as a public use, federally assisted enterprise, through AIRPORTS and under the direction and control of its Director of Aviation/designees thereof, (collectively DIRECTOR); and WHEREAS, FAT is subject to extensive federal regulatory requirements and oversight; and WHEREAS, AIRPORTS must restrict any and all direct or indirect use of its enterprise properly and funds for non-airporlgeneral governmental activities, as required by those Federal Aviation Administration Grant Assurances attached to this Agreement as Exhibit A and the related Federal Aviation Administration Policy and Procedures Concerning the Use of Airport Revenue, incorporated hereÍn; and WHEREAS, beginning November 18, 2013, POLICE will no longer perform law enforcement and airport security functions at FAT that previously were performed by POLICE personnel; and WHEREAS, although public safety and security functions will be performed by AIRPORTS and/or a third-party contractor, the parties desire that POLICE continue to provide Airport Public Safety Support (APSS) services upon the terms and conditions herein and subject to and consistent with funding annually allocated and available in the budget approved by City Council, including the following services: use of "Data911", Records Management System (RMS), Report writer (RPW), dispatching, data input, PoLlcE sergeanuofficer support on an hourly basis, and non-sworn POLICE department member support on an hourly basis. NOW THEREFORE, in consideration of the above recitals the parties agree as follows: 1. DEFINITIONS. Unless otherwise specifically provided in this Agreement, the following terms shall have the following meanings: "APSS Personnel" shall mean the POLICE employees providing ApSS Services at FAT. "APSS Services" shall mean all public safety and police support functions provided by POLICE hereunder, as more specifically provided in Exhibit B, subject to the Budget approved by City Council in each succeeding year for the duration of this Agreement. 2 "Budget" means the budget approved annually by City Council for the duration of this Agreement. 'CBP'shall mean the Customs and Border Protection Agency. "DHS'shall mean the Department of Homeland Security "FAAU shall mean the FederalAviation Administration. "OSHA' shall mean the Occupational Safeg and Health Administration. "Performance Measures" shall mean continuous compliance with all minimum performance standards and requirements contained in the Regulatory Requirements and this Agreement. .Regulatory Agencies" shall mean each and all of the FAA, the DHS, the TSA, OSHA and the CBP. "Regulatory Requirements" shall mean all legal, regulatory and contractual requirements imposed by the regulatory agencies including all related plans, policies, procedures, manuals, handbooks, advisory circulars, opinions and like documents in any form, as amended from time to time.1 'TSA' shall mean the Transportation Security Administration 2. SERVICES. APSS Personnel shall provide APSS Services upon the terms and conditions herein, as more fully detailed in Exhibit B. 3. JURISDICTIONAL RESPONSIBILITIES. responsibilities of the parties shall be as follows: The jurisdictional A. APSS Personnel shall be selected by the POLTCE Chief. B. APSS Personnel shall at all times remain under the ultimate direction and control of the POLICE Chief. C. The DIRECTOR shall retain, have and exercise ultimate operatÍonal control over FAT including ultimate responsibility and authority for ensuring compliance with Regulatory Requirements. 4. IMPROVEMENTS/MODIFICATIONS ON THE AIRPORT. POLICE shall not construct improvements upon, or structurally modify or alter FAT properly/use areas without the consent of DIRECTOR and upon terms/conditions of any such consent. 3 r Available from/provided by AIRPORTS. 5. ENVIRONMENTAL. AIRPORTS will be solely responsible for the disposal of all hazardous materials generated from an incident on FAT property. 6. PAYMENT FOR SERVICES AND BUDGET PLANNING. AIRPORTS shall pay POLICE on a monthly basis by interdepartmental billing and in arrears for substantiated costs incurred in providing APSS Services, subject to and consistent with the Budget, not to exceed AIRPORTS enterprise funds allocated in each fiscal year per approved City Budget. The parties acknowledge and agree that this is solely a fee for services agreement, and in this regard no party shall directly or indirectly subsidize the other. To this end, AIRPORTS shall not request Services that are not funded under the Budget. 7. DEFAULT/TERMINATION. ln the event that either party fails to keep, observe, undertake, fulfill, or perform any of the terms, covenants, conditions, warranties, agreements, obligations, and/or provisions of this Agreement to be kept, observed, undertaken, fulfilled, and/or performed thereby, where such failure shall continue for a period of sixty (60) days following service of written notice thereof by DIRECTOR or POLICE Chief, the City Manager may declare such a default and breach of this Agreement, provided that if the nature of the nonperformance is such that more than sixfy (60) days are reasonably required for its cure, then the non-performing party shall not be deemed to be in default and breach of this Agreement if it commences cure within said sixty (60) day period and thereafter diligently prosecutes such cure to completion as soon as reasonably possible. Following the occurrence of any default and breach of this Agreement, the City Manager may terminate this Agreement in whole or in part by service of written notice and upon the terms and conditions therein. 8. REGULATORY AUDITS/REPORTING AND DOCUMENT PRODUCTION/DISCLOSURE. POLICE shall cooperate with AIRPORTS as to AIRPORT'S preparation of reports required by Regulatory Agencies. The parties shall make their respective records and accounts available for inspection and audit as required by law and this Agreement, provided POLICE shall be and remain custodian of its' respective documents, records, files and information and further provided that nothing herein waives any rights or privileges held by the parties and each of them as to production and disclosure hereunder. 9. PUBLIC INFORMATION/MEDIA COMMUNICATIONS AND RELEASES. The parties shall coordinate and cooperate as to the release of public information and media communications and releases. Such shall be through the AIRPORTS Public lnformation Officer, provided the parties may deviate from this requirement upon their mutual agreement and/or in exceptional circumstances, and further provided that any release of information or media 4 communication that deals with police activity shall require the prior approve of the POLICE Chief. 10. RIGHTS TO EQUIPMENT. Each party shall retain ownership oflresponsibility for its equipment provided or utilized in pursuit of this Agreement. 11. FAA GRANT AGREEMENT ASSURANCES. Without limitation, POLICE shall cooperate with AIRPORTS as to, and otherwise ensure their respective continuing compliance with the FAA Grant Assurance attached as Exhibit A, as same may be amended from time to time. 12. SUBJECT TO CONTINUING APPROVAL. This Agreement is subject to the continuing approval of Regulatory Agencies. This Agreement shall be deemed modified consistent (i) with any action or dírective of any Regulatory Agency, and (ii) allocated and available funding in each fiscal year hereunder. Consistent therewith, this Agreement may be modified by the written agreement of both parties. 13. MUTUAL INDEMNITIES. completely harmless and indemnify the party shall hold the other against any and all claims, Each other judgments, fines, penalties, forfeitures, damages, demands, liabilities, suits, notices, costs and expenses (including all reasonable costs and expenses for investigation and defense thereof [including, but not limited to attorney fees, court costs and expert feesl), 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 the other party's negligent or wrongful performance of this Agreement and/or any breach or default in the performance of any obligation to be performed under the terms of this Agreement. 14. GOVERNMENTAL/REGULATORY COMPLIANCE. POLICE agree to abide by the applicable rules, regulations and orders imposed on AIRPORTS by the Regulatory Agencies and/or such other successor agencies as may hereafter be designated by the federal government, 15. DISPUTES. The POLICE Chief and the DIRECTOR shall meet, confer and resolve any and all claims and/or disputes related to or arising under this Agreement. The City Manager shalldecide any unresolved issues. 16. PRECEDENCE OF DOCUMENTS. ln the event of any conflict between this Agreement and the Exhibits, the order of precedence shall be: (i) Regulatory Requirements, (ii) terms and conditions expressed within the body of the Agreement, and (iii) terms and conditions expressed within the Exhibits and any of them. Ht 5 lN WITNESS WHEREOF, AIRPORTS and POLICE have entered into and executed this MEMORANDUM OF AGREEMENT as of the day and year first above written. By: AIRPORTS DEPARTMENT City of Fresno REVIEWED AND APPROVED BY: City Manager's Office By: A- B- 6 City Manager ATTEST Yvonne Spence, City Clerk City of Fresno Date: By: Date Exhibits:FAA Grant Assurances Scope of Services/Billing POLICE DEPARTMENT City of Fresno Director of Aviation APPROVED AS TO FORM Douglas T. Sloan, City MAT:prn:pn [63248prn/agt] rev. 01-15-14 A. EXH¡BIT A FAA Airports Grant Assurances Airport Sponsors 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. I)uration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances ofthis 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 projec! 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 ofacceptance ofa grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph I also applies to a private sponsor except that the usefrrl 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. C. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1,2,3,5,6, 13, 18, 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. Sponsor Certifïcation. 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 ofFederal funds for this project including but not limited to the following: Federal Legislation a. b. c. d. e. f. Title 49, U.S.C., subtitle VII, as amended. Davis-Bacon Act - 40 U.S.C. 276(a),Q!-q9g.r Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. Hatch Act - 5 U.S.C. 1501, et seq.2 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.r2 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.r h. NativeAmericans 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. 40l2a.ll. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 -29U.5.C.794. n. civil Rights Act of 1964 - Title vI - 42 u.s.c. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.p. American krdian Religious Freedom Act, P.L. 95-34I, as amended.q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.rr. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.rt. Copeland Anti kickback Act - 18 U.S.C. 874.1 u. National Environmental PolicyAct of 1969 - 42 U.S.C. 432l,etseq.lv. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 3l U.S.C. 7501, et seq.2 x. Drug-Free Worþlace Act of 1988 - 4l U.S.C. 702through706. Executive Orders Executive Order 11246 - Equal Employment Opportunityr Executive Order 11990 - Protection of Wetlands Executive Order 11998 - Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Constructionr Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport c. d. e. ûÞ. h. k. l. Enforcement Proceedings. 14 CFR Part 150 - Airport noise compatibility planning. 29 CFR Part 1 - Procedures for predetermination of wage rates.l 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 St¿tes.1 f. 29 CFR Part 5 - I¿bor 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).l 41 CFR Part 60 - Ofïice of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).I 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local govemments.' 49 CFR Part20 - New restrictions on lobbying. 49 CFR Part2l - Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. 49 CFR Part23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 49 CFR Part24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.'' 49 CFR Part26 - Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. 49 CFR Part27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.l 49 CFR Part29 - Government wide debarment and suspension (nonprocurement) and govemment wide requirements for drug-free worþlace (grants). 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. n. o. p. 2. q. 49 CFR Part 4l - Seismic safety of Federal and federally assisted or regulated new building construction. I Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Govemments. b. A-133 - Audits of States, I¡cal Governments, and Non-Profit "T[:llliTTisponsor* andr¡calGovernmenrrr.rr,"*;'**t"1"iï:i:ä'.ïî'öïi"?'.å'jl: levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. 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 offrcial act of the applicant's goveming body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the oflicial representative ofthe applicant to act in connection with the application and to provide such additional information as may be required.b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 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. 3. 4. 5. 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 promptlyto acquire, extinguish or modiff 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. 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 hansfening or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be canied 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 govemment to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a gtant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement.d. For noise compatibility program projects to be carried out on privately owned propert¡ it will enter into an agreement with the owner ofthat property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement.e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public- use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee ofthe sponsor, the sponsor will reserve sufTicient rights and authority to insure 6. 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.g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any anangement 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 ll2-95 and the sponsor assurances. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 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. 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 canied out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it v/ill provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received bythe Secretary. Pavement Preventive Maintenance. With respect to a project approved after January 1,1995, for the replacement or reconstruction of pavement at the airport, 8. 9. 10. 11. 12. it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 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 has provided for access to the passenger enplaning and deplaning area ofsuch airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 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. Veteranrs 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 13. 14. 15. era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concems owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualifred to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved bythe 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 ofthe Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval ofthe Secretar¡ 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 bythe 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 fumish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided bythe 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, dishibute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost ofprofessional 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 19. 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. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved bythe Secretary.In furtherance of this assurance, the sponsor will have in effect arrangements for- l) 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 compatibilityprogram items that it owns or controls upon which Federal funds have been expended. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 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. 20. 21. 22.Economic Nondiscri mination. 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. ln any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for fumishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- l) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof; and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permiffed 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 ofanother 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 classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.f. It will not exercise or grant any right or privilege which operates to prevent any person, frrm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would applyto the furnishing of such services by' commercial aeronautical service providers authorized by the sponsor under these provisions. 23. 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 ofthe 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 necessaryto serve the civil aviation needs ofthe public. 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 ofthis paragraph, the providing ofthe services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 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 traffrc 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 Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of ß70 shall be included in the rate basis in establishing fees, rates, and charges for users ofthat airport. Airport Revenues. a. All revenues generated by the airport and any local tares 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 24. 25. 26. airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: l) Ifcovenants or assurances in debt obligations issued before September 3,1982, by the o\ryner or operator of the airport, or provisions enacted before September 3,1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary bythe 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 I, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1,1996. 3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 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 conceming, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports 27. 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 ofthe Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: l) 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 ofeach such service and property. Use by Government Aircraft. It will make available all of the facilities ofthe airport developed with Federal financial assistance and all those usable for landing and takeoffof aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, ifthe use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Govemment aircraft using the airport (the total movement of Govemment aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air trafftc control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such 28. 29. 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. 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 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 of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efhciency 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 frmded property on or offthe 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 ofrestoring such property (or replacement thereof) to the level of safet¡ 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 ofthe airport sponsor. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds ofrace, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where 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: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or 30. 31. (b) the period during which the sponsor retains ownership or possession of the property. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibilityproject, (2) reinvestment in an approved project that is eligible for grant funding under Section a7ll7(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114,47115, or 47117 of title 49 United States Code, (4) transfened 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 Secreúary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States'share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility proj ect, (2) reinvestment in an approved project that is eligible for grant funding under Section a7fi7(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114,47115, or 47117 of title 49 United States Code, (4) transfened 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 32. from interim uses of such land contributes to the financial self-suffrciency of the airport. Further, land purchased with a grant received by an airport operator or o\¡/ner before December 31,1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation ofany 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. 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, survefng 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 D( ofthe Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 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. Policies, Standards, and Specifications. It will cany 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 Cunent FAA Advisory Circulars for AIP projects, dated (the latest approved version as of this grant offer) and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B.(2) 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. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with subpart E of 49 cFR Part 24. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to 33. 34. 35. 36. 37. have access to the airport; however, it has no obligation to fi¡nd special facilities for intercity buses or for other modes of transportation. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26.The Recipient shall take all necessary and reasonable steps under 49 CFR Part26 to ensure non discrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR Part26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notihcation to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. l00l and/or the Program Fraud Civil Remedies Act of 1986 (3 1 u.s.c.3801). 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 atthe 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. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 oftitle 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities atthat airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that-1) Describes the requests; 2) Provides an explanation as to why the requests could not be accommodated; and 3) Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February I or August I of each year ifthe airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 38. 39. EXHIBIT B Scope of Services/Billinq -Airport Public Safetv Support Services Beginning November 18,2013, Fresno Police Department (FPD) sworn police personnel will no longer be used to perform law enforcement and airport security functions at FAT that previously were performed by POLICE. lnstead, such public safety and security functions will be performed by AIRPORTS and/or a third-party contractor. Pursuant to this Agreement, POLICE services provided to the AIRPORT shall be limited to Airport Public Safety Support Services, including: use of the Datagl l seruice, Records Management System (RMS), Report Writer (RPW, dispatching, data input, POLICE sergeanUofficer support on an hourly basis, and non-sworn POLICE department member support on an hourly basis. Upon verbal or written request by AIRPORTS, POLICE will dispatch sworn police officers or other POLICE staff. POLICE agrees to perform APSS services for the AIRPORT at the following hourly: Police Sergeants and Officers at 1.5 times the hourly "F" step rate (as set forth in the then-applicable POLICE Master Fee Schedule); and non-sworn POLICE Department members at 1.5 times the hourly "E' step rate (as set forth in the then-applicable POLICE Master Fee Schedule). These rates shall also apply to any training programs required by AIRPORTS. Expenses will be paid by AIRPORTS on a monthly basis through interdepartmental billing. Calls for service will be billed from the time POLICE accept the call until the callis cleared, reports completed, property and evidence booked and crime scene processed. Requests for backfilling of vacancies will be fulfilled based on availability. Any other services required by the AIRPORT (such as lnternal Affairs lnvestigations, background checks, etc.)will be billed at the above rate. POLICE will provide the infrastructure and software support for Computer Aided Dispatch (CAD), Records Management System (RMS), Report Writer (RPW PC/Desk Version), Report Exchange (RX), Mobile Exchange (MX Mobile MDS Software), External Communications (ECOMM CLETS/NCIC), and Automobile Vehicle Location (AVL) at a cost of $350.00 per user per year. This fee will be billed to AIRPORTS annually and will be based on the number of active users entered in the Security Access Module (SAM). APSS Personnel will provide a current list of users and unique lDs for each user who will be granted access to any of the systems. This fee shall not cover the purchase of hardware repair of any mobile computing device. lf additional users are added thereafter, the additionalfees shall be paid by AIRPORTS within fifteen business days of adding the additional use(s). APSS Personnelwill be managed and supervised by the POLICE Chief. All terms and conditions of each labor contract applicable to POLICE employees or offïcers shall be in full effect and shall be abided by. AIRPORTS will maintain command of all Airport- related activities and first response to incidents. APSS Personnelwill assist with police related incidents that require resources over/above those provided by AIRPORTS or its third party contractor. APSS personnel will use the POLICE communications system as their secondary communications system. The criminal investigation of an Officer lnvolved Shooting shall be conducted by the agency having jurisdiction where the incident occurred. POLICE will conduct an administrative investigation of the incident. Jail Booking fees will be paid for by AIRPORTS. Any security badging fees shall be paid by AIRPORTS and shall not be charged to APSS personnel or POLICE. AIRPORTS will not be charged for:. Emergency/instant aid requestsl. SWAT and Explosive Ordinance Disposal responses. Officer-involved shooting investigations. Homicide investigations. Dispatch services2. Property and evidence storage FRESNO POLICE DEPARTMENT Gontracted Law Enforcement Regulations 1. Officers perform law enforcement functions only and respond to direction by the Police Chief. 2. Officers charge a four hour minimum. Any time in excess of four hours is charged for each additional half hour or portion thereof. 3. The Department requires at least forty eight (48) hours advance notification in order to cancel a contracted job. When the required notice is not given, AIRPORTS shall be responsible for paying POLICE the required minimum for each officer.4. POLICE staff will deal with the Public Safety Manager as a primary contact. One alternate may be selected. 5. Airports shall maintain records related to contracted law enforcement services. 6. Questions should be communicated to the Contracted Law Enforcement Coordinator. 7. Any requested schedule changes shall be coordinated through the Contracted Law Enforcement Coordinator as soon as possible and may not be honored. 8. POLICE Department may, at its discretion, cancel any or all contracted law enforcement services at any time due to unavailability of officers or emergencies. Contracted officers may, at their own discretion, terminate their contractual obligations to return to regular department duties in the event of an emergency or incident related to their capacity as law enforcement officers. lt is understood by the parties that the POLICE do not owe a greater level of services or protection under this MOA than is owed to the public generally. However, issues related to compliance with Federal Regulations will be treated as priorities. t lnitial response at no charge, however any subsequent investigation (if any), will be charged. 'These services are not intended to replace AIRPORTS'current interdepartmental dispatch communications system. lf AIRPORTS ceases to use its own interdepartmentaldispatch communication system as its primary communication system, additional fees will apply for use of the POLICE communications system. Such fees shall be mutually agreed on by AIRPORTS and POLICE. 9. Airports is responsible for costs associated with an officer having to work in excess of the contracted time as a result of activities related to the MOA. 10. The Department requires a minimum number of officers per number of attendees at the event. This figure is approximately one officer per two hundred people, and one supervisor per five officers. These numbers are general guidelines. The Department will take other factors into consideration. The Department will make the determination of how many officers will be required if the Contract is accepted. This is not a negotiable figure. ln addition, if the Department receives information that greater numbers of people are expected than was first anticipated, additions will be made in the number of officers assigned, subject to Paragraph number 8, as above. Assignment of officers is in the sole discretion of the Department and subject to availability. t