HomeMy WebLinkAboutAirports Department and Police Department - Interdepartmental MOU for Public Safety Services (FATAPSSS)-d
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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.
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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.
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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
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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
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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
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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
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36.
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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.
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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